6. User Content and Other Content.
a. Definition. This Section governs any material that you broadcast, post, publish, send, submit, transmit, or upload (collectively, “Post”) through the Service, including, by way of example and not limitation, messages, reviews, photographs, graphics, images, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), folders, data, text, and any other works of authorship or other works (collectively, “User Content”) and other activities that TuneIn may take with respect to materials accessible through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in this EULA.
b. License to User Content. By Posting User Content to or through the Service, you hereby grant to TuneIn (and TuneIn’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid-up right and license throughout the world to Use all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service or our business. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.
Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
d. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post any User Content to the Service if you are not the owner of or are not fully authorized to grant rights throughout the universe in all elements of the User Content you intend to Post to the Service. TuneIn disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant to us that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not infringe, violate, misappropriate, or otherwise breach any third-party right, including any privacy rights, rights of publicity, copyrights, trademarks, patents, trade secrets, moral rights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the universe and does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) the Posting of your User Content on the Service will not cause TuneIn to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (v) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
e. Acceptable Uses and Objectionable Content. We want Users to have an enjoyable experience when they use the Service. To facilitate that, we have adopted an Acceptable Use Policy, which is hereby incorporated by reference into this EULA. You are required to comply with the Acceptable Use Policy when Posting any User Content to the Service. The Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email TuneIn at email@example.com. You acknowledge and agree that TuneIn provides you with the ability to report Objectionable Content as a courtesy, and TuneIn has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, TuneIn in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental authorities, either directly or indirectly. TuneIn is under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TuneIn with respect to User Content.
f. Monitoring. TuneIn has the right, but not the obligation, to monitor the Service, and may remove or restrict access to any User Content, Third Party Content or TuneIn Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that TuneIn may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content or TuneIn Content will be retained by the Service and the maximum storage space that will be allotted on TuneIn’s servers on your behalf. You acknowledge and agree that TuneIn may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of TuneIn, its Users and the public. You understand that TuneIn does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.