Content Submission Agreement
Terms and Conditions
The following conditions apply to all Content you submit to this website, NativX website:
As used in these conditions, "NativX" "we" or "us" means the NativX Inc., a Delaware corporation, and "you" means the individual or entity submitting Content to this website.
You may only submit Content to this website in which you own all intellectual property rights or for which you have the authorization of the person who does own those rights. If you are under the age of 18 you may not submit Content to this website.
2. License Grant
2.1 You hereby grant to NativX, and its affiliates, subsidiaries, assignees, licensees and legal representatives ("Affiliates"), a worldwide, non-exclusive, royalty-free, irrevocable, perpetual right and license to:
2.1.1 use, reproduce, distribute, store, transmit, broadcast, publish, publicly perform and publicly display the Content, in whole or in part;
2.1.2 modify, reformat, adapt, translate and create derivative works from the Content, in whole or in part; and
2.1.3 sublicense the foregoing rights, in whole or in part, to any third party, for commercial and business purposes (with or without a fee).
2.2 NativX may exercise the rights set forth in this paragraph 2:
2.2.1 in any manner, and by any media and means of conveying information, whether now or hereafter known; or
2.2.2 for any purpose, including but not limited to, editorial commercial, or promotional purpose.
2.3 Where you have provided a hyperlink as part of the Content ("Hyperlink"), you hereby grant NativX the right and privilege to install and display the Hyperlink on any NativX website or any Affiliates' website and agree to the additional terms set out below under the heading "Hyperlink".
2.4 NativX shall have the right to modify or edit the Content, provided that any modifications or alterations do not significantly or misrepresent the original content. While you retain ownership of all right, title, and interest in the Content itself, you agree that NativX owns all right, title, and interest in any compilation, collective work or other derivative work created by NativX using or incorporating the Content.
2.5 You further irrevocably and unconditionally waive any moral rights or similar rights you have in any Content and you waive all rights to inspect and approve use of the Content and the Hyperlink.
You agree to not disable, change, alter or otherwise affect the Hyperlink without first providing NativX written notice. If you consent or decide to materially change the content of the web pages associated with the Hyperlink after the date you provide the Hyperlink, you agree to provide NativX prior written notice so that NativX may make an informed decision as to whether to continue providing a Hyperlink to that webpage. You agree that placement of the Hyperlink on this or any Affiliate website does not imply any affiliation or endorsement whatsoever between the parties.
By submitting the Content, you agree that:
4.2 NativX may transfer and disclose this information, including personally identifiable information, to third parties in any jurisdiction for any of the purposes set forth in paragraph 2 and for the purpose of monitoring the website; and
4.3 NativX and any of its Affiliates may communicate with you by post, telephone or fax as well as by email in connection with the Content.
5. No Obligation
Although we have the right to use your Content as set out in paragraph 2 above, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Content or remove it from this or any related website at any time.
6. Representations, Warranties and Indemnities
6.1 You represent and warrant to NativX that:
6.1.1 you have the right, power and authority necessary to submit Content to this website in accordance with these conditions and to grant the licenses set out in paragraph 2 above;
6.1.2 you will comply fully with these conditions and the Website Terms and Conditions;
6.1.3 the Content submitted by you, and the exercise of the rights you grant to us, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
6.1.4 you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display and other exploitation of the Content as permitted under these conditions.
6.2 You agree to indemnify, defend and hold NativX and its Affiliates harmless for all claims, liabilities, damages and expenses (including, without limitation, reasonable legal fees and expenses) arising from your breach of any representation or warranty set out in this paragraph 6. You agree not to hold NativX or any of its Affiliates responsible for any liability resulting from their use of the Content or Hyperlink in accordance with these conditions, including (without limitation) anything which might be deemed to be a misrepresentation of you, your character or person due to use the Content, or any part of the Content, as anticipated at paragraph 2.
NativX and its Affiliates will not be liable to you for any indirect, incidental or consequential damages, arising from breach of contract, tort or otherwise in connection with these conditions and/or the Content provided by you (including but not limited to any loss of data, business profits or goodwill) even if we have been advised of (or know or should have known of) the possibility of such damages.
You must be over 18 years of age and have the right to make this agreement.