V. Content Ownership and Use
a. Company Content. The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Company content (collectively, “Company Content”). All Company Content and the compilation (meaning the collection, arrangement, and assembly) of all Company Content are the property of Company or its licensors and are protected under copyright, trademark, and other laws.
i. License to You. We authorize you, subject to these Terms, to access and use the Service and the Company Content, and to download and install any apps, solely for the use of the services we provide, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Company Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Company Content on any copy you make of the Company Content.
ii. Restrictions. You may not copy, reproduce, republish, upload, transmit, or distribute material made available on or through the Service, including but not limited to content owned by the Company, third parties, or users, in any way without written permission of the intellectual property right owner, excluding content that we expressly permit you to copy, reproduce, republish, upload, post, transmit, or distribute. You may not download or copy materials that we do not make expressly available for download without our prior written permission. Modification of materials obtained from the Service for any purpose not authorized in the Terms is a violation of our copyrights and other proprietary rights or those of our licensors, unless you have obtained express written authorization to the contrary.
You have a limited license to incorporate our Special Purpose Content in your own personal social media posts. This limited license is subject to your acceptance of and continued compliance with all of the terms and conditions contained in these Terms.
By incorporating our Special Purpose Content in your social media posts, you grant us the right to use and republish your post without compensation or credit to you, and you represent that you have the necessary rights and permissions to publish the post and to grant us the right to use and republish the post (including that you have received the consent of individuals portrayed in the post to do so), and that the post complies with our Rules of Conduct.
We continue to own our intellectual property that is not expressly granted to you, and you continue to own your intellectual property that is not expressly granted to us.
b. Special Purpose Content. From time to time, we may make available certain Company Content to you through the Service, including but not limited to still images and other audio and/or visual content or representations, whether generated electronically, digitally, or by any other means (such Company Content, “Special Purpose Content”), which the Service expressly permits you to download, store and use in photographs, videos or other content that you create (such content you create using Special Purpose Content, “User Content”). Further, the Service may permit or encourage you to share User Content on third-party social media sites (collectively, with any accompanying designs, text, graphics, photographs, images, video, information, logos, button icons, software, audio files, computer code, and other information and content contained in such post, a “User Post”), and may permit or encourage you to use hashtags of the Company (“Company Hashtags”) when posting on social media. Your permission (a) to download, store and use Special Purpose Content, (b) to create User Content, (c) to publish User Posts or cause User Posts to be published, and (d) to incorporate Company Hashtags in User Posts is provided at our discretion, revocable by us at any time without notice and with or without cause, and at all times subject to your acceptance and continued compliance with all of the terms and conditions contained in these Terms. Any use not expressly permitted herein is prohibited.
i. Subject to your acceptance of and continued compliance with all of these Terms including the rules of conduct set forth in Section V.d below (the “Rules of Conduct”), the Company grants you a limited, personal, non-transferable, non-sublicensable, revocable, non-exclusive right to download, store and use the Special Purpose Content to create, use and distribute User Content and User Posts as described in this Section. The Company expressly reserves all other rights in and to the Special Purpose Content, including, without limitation, all copyrights, trademarks, patent rights, trade secret rights, know-how, and other rights therein (“Intellectual Property Rights”). As between you and the Company, the Company remains the sole and exclusive owner of the Special Purpose Content, including, without limitation, all Intellectual Property Rights therein, and your right to create, use and distribute User Content and User Posts is subject to the Company’s ownership rights and these Terms. Nothing in these Terms shall be construed as allowing you to use, sell, distribute, license, transmit, make available to a third party for transmission, extraction or download as a standalone file, or otherwise exploit any Company Content, including Special Purpose Content, or Intellectual Property Rights therein for any other purpose or in any other manner other than as expressly provided in this Section V.b. For the avoidance of doubt, such use may include utilizing the Special Purpose Content in a production process that may be necessary for the creation of User Content and publication or submission of User Posts. You hereby agree not to (a) remove any trademark, copyright or other proprietary rights notices contained in any Special Purpose Content, (b) challenge the Company’s or its licensors’ ownership of the Special Purpose Content and/or the Intellectual Property Rights therein, and (c) use or adopt any names and/or trademarks that might be confusingly similar to the trademarks of the Company and/or its licensors. Your use and distribution of User Posts and User Content must not suggest or imply any sponsorship by, affiliation with and/or endorsement by the Company and/or any of its affiliates. The Company reserves the right to require the removal, destruction and/or deletion of any User Posts or User Content that does not comply with these Terms.
ii. The Company reserves all right, title and interest in and to the Special Purpose Content that are not expressly granted in this Section V.b. You shall not rent, lease, reproduce, modify, translate or create derivative works of any Special Purpose Content except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the content contained in any Special Purpose Content without the express written permission of the Company. The Company does not consent to the protection under the copyright law of any unauthorized derivative work.
c. User Content and User Posts. By posting, transmitting or otherwise submitting any User Posts or User Content to us, through the Service, or on third-party sites or services, including social media sites, you hereby grant to the Company a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Company) any and all such User Content and User Posts, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you hereby release Company from any claim that any use by the Company of the User Content and User Posts violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
i. With respect to all of your User Posts and User Content, you represent and warrant that: (i) you have all rights necessary for you to grant the license granted in this Section V.c; (ii) such User Content and User Posts, and your posting or submission thereof complies with all applicable laws, rules and regulations; (iii) such User Content and User Posts, and your posting or submission thereof, comply with the Rules of Conduct; and (iv) your User Posts and User Content, your posting or submission thereof, and the exploitation contemplated in this Section V.c do not (x) misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company, (y) contain defamatory content, or (z) violate the rights of privacy or publicity of another person. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any such User Content and User Posts that you may have under any applicable law under any legal theory as well as any and all other claims that any use of the User Content and User Posts by or on behalf of the Company violates any of your other rights, including but not limited to, privacy, publicity, proprietary, intellectual property and/or other rights. For purposes of clarity, you retain all other intellectual property rights that you may have in your User Content and User Posts, subject to the license and rights granted in this Section V.c.
d. Rules of Conduct.
i. User Posts and User Content must not include any material that is illegal or infringes on the rights of third parties or that is likely to harm the reputation of the Company, our affiliates, our service providers and licensors;
ii. The creation and/or sale of merchandise based in whole or in part on any Special Purpose Content is expressly prohibited without the Company’s prior written permission;
iii. You agree to comply with all applicable laws, rules and regulations, while using the Special Purpose Content, and to respect the rights and dignity of others;
iv. The User Posts and User Content shall not contain, link to, or transmit, anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company;
v. The User Posts and User Content shall not contain, link to, and/or transmit, anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, political, or racially or ethnically offensive;
vi. The User Posts and User Content shall not contain, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or Personal Information;
vii. You shall not impersonate or misrepresent your affiliation with the Company, our affiliates, our service providers, our licensors and/or any other person, company and/or group;
viii. You shall not delete any author attributions, legal notices or proprietary designations and/or labels that you download or upload to or through the Service or a Company communication feature, including but not limited to any information embedded in any electronic or digital file;
ix. You shall not disclose your or any other person’s Personal Information in connection with your use of the Special Purpose Content, User Posts and/or User Content;
x. You shall not distribute, reproduce, copy, modify, adapt, translate, sell, resell, make available, link to and/or exploit for any commercial purposes, any portion of any Company Content, including, without limitation, any Special Purpose Content; and
xi. You shall not create your own version or a derivative of any Company Content.
e. No Implied Rights. There are no implied licenses granted in these Terms. All rights not granted herein are expressly reserved by us, our licensors, or the intellectual property right owner of any content.
f. Company Marks. LA 2028, the LA 2028 logo, and other Company logos and product and service names are or may be our trademarks (the “Company Marks”). Without our prior written permission, and except as solely enabled by any link we provide, you agree not to display or use in any manner the Company Marks.