Qetle Content Upload Additional Terms of Service (“Additional Terms”)
ACCEPTANCE OF QETLE TERMS.
Welcome to the Qetle Inc. Content Upload Service (“Service”). Your use of the Service is subject to these Additional Terms, which supplement the Qetle Terms of Service (“TOS”), incorporated by reference. Qetle Inc. (“Qetle”) reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. In the event of any inconsistency between these Additional Terms and the TOS, these Additional Terms shall control.
DESCRIPTION OF SERVICE.
The Service provides functionality that allows Qetle users who have a valid Qetle ID (“You”) to upload content that may include information, text, images, audio, video, and any other content (“Your Content”) to be hosted by Qetle and to be indexed and crawled by Qetle’s Search and Multimedia Search technology and otherwise used by Qetle for public display on any property within Qetle’s network of properties and on Qetle’s syndicated third-party sites, and for the public posting, viewing, and sharing of Your Content with others. You, and not Qetle, are entirely responsible for all content that you upload, post or otherwise transmit via the Service. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content, including any personally identifying information that you may make available online. If the Service provides You with the option of limiting the sharing of a particular piece of Your Content at a particular time, Qetle will honor the option You have selected for that piece of Your Content at that time, but any such selection shall apply only to that particular piece of Your Content and not more generally to Your Content across the Service. Further, You agree and acknowledge that Your Content and any associated public user profile submitted to the Service may appear on local Qetle sites in other countries. There is no cost to You to submit Your Content.
PROHIBITED CONTENT AND CONDUCT.
By submitting Your Content, You agree: a. that You own or have the necessary licenses, rights, consents, and permissions to all patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) to Your Content and any other works that You incorporate into Your Content, and You authorize Qetle to use Your Content in the manner contemplated in these Additional Terms; b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness in Your Content for use in the manner contemplated in these Additional Terms; and c. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
SUBMISSION OF YOUR CONTENT TO QETLE
You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to Qetle, You hereby grant Qetle and its affiliates the following worldwide, royalty-free, non-exclusive, sublicensable, and transferable rights and licenses: a. to host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode Your Content to appropriate media formats, standards, or mediums as part of the Service; b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform, and publicly display Your Content on the Service, on any Qetle property, or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and c. to use Your Content for and in connection with advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, perform, reproduce, and distribute Your Content in any media format or medium and through any media channels. By submitting Your Content for inclusion into the Service, you also grant to Qetle registered users (“Qetle Users”) and to others the following non-exclusive license: (i) to access, distribute, display, and/or perform Your Content through the Service or through the use of other Qetle services, including publicly on third-party web sites and the Internet generally; (ii) to rate, review, comment on, and tag Your Content; (iii) to embed Qetle’s video player or other form of media player with Your Content on any web site; (iv) to send and distribute Your Content via E-mail, Instant Messenger, or otherwise over or through the Internet or any other electronic communications system; and (v) to access, reproduce, distribute, and/or perform Your Content via Qetle’s web service APls or via RSS or any similar XML or related feeds; and (vi) to use, reproduce, distribute, remix, prepare derivative works of and compilations, display, and perform Your Content as permitted through the functionality of the Service and under these Additional Terms and the TOS, including publicly on third-party web sites and the Internet generally. The foregoing licenses granted by You shall terminate once You remove or delete, or request removal or deletion of, as applicable, Your Content from the Service, or Qetle removes or deletes Your Content under the TOS or these Additional Terms, and the removal has been processed on Qetle’s backend. Qetle has no duty or obligation, express or implied, to post, host, stream, or otherwise include any of Your Content in any Qetle property.
Qetle reserves and has the right to sell, license, and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content, and Qetle will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate Qetle to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
You agree to indemnify and hold harmless Qetle, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of the TOS or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
QETLE’S RESERVATION OF RIGHTS.
In addition to all other legal remedies available to Qetle, You acknowledge that Qetle has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your Qetle account or refuse to grant You access to any current or future use of the Service or any Qetle service, with or without warning, if Qetle, in its sole discretion, believes You have: (i) violated or tried to violate the rights of Qetle or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
INVALIDITY OF SPECIFIC TERMS.
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
LOCATION OF LAWSUIT.
The TOS, which apply to Your use of the Service, provide that both You and Qetle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chicago, Illinois, USA.