A. Submissions and Unsolicited Ideas Policies.
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. In connection with anything, you submit to us whether or not solicited by us you agree that creative ideas, suggestions, or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
B. User-Generated Content.
The QSM World or it’s Affiliates or it’s Brands may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries, or other content (“User-Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a QSM World or it’s Affiliates or it’s Brands Product made available by us or in connection with QSM World or it’s Affiliates or it’s Brands Products appears on a QSM World or it’s Affiliates or it’s Brands website, service, and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
In most instances, we do not claim ownership of your User-Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User-Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the QSM World or it’s Affiliates or it’s Brands and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User-Generated Content does not establish any relationship of trust and confidence between you and us and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the QSM World or its Affiliates or it’s Brands in connection with the submission or arising from it).
You represent and warrant that your User-Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement; you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User-Generated Content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on Disney Products and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We may monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through a QSM World or it’s Affiliates or it’s Brands, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you. We may terminate your account and access to the QSM World or its Affiliates or its Brands if your User-Generated Content violates this Agreement, including unlawful postings or content, without prior notice to you. We are not responsible for and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.