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KAMADO JOE DIGITAL CONTENT TERMS & CONDITIONS AGREEMENT
With any submission of any creative works including, but not limited to, photographs, videos, recipes or other materials ("User Content") to Kamado Joe's website www.kamadojoe.com (the "Website"), you must read and agree to the terms of this User Content License.
In consideration for the Kamado Joe Company ("KJC") permitting you to upload/submit User Content to it, you hereby acknowledge and agree that you shall be bound by the User Content License of the Website. You further acknowledge and agree that you are solely responsible for any User Content that you post on such Website. KJC shall have no responsibility for, nor ownership of, any User Content posted at the Website.
With respect to all User Content that you seek to post, you represent and warrant that: (1) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at the Website (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, KJC and all other users of this Website a world-wide, non-exclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotion of the Website and of the KJC.
Without limiting the foregoing, this license permits KJC to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any KJC-authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant KJC the right to use your User Content, likeness, personal information you provide, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting KJC, its products and/or services; (2) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use of this Website; (3) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated by this Website; (4) you will be responsible for all User Content submitted through this website's form to us, and for all purposes under these Terms and Conditions, all submissions shall be deemed to have been submitted by you; and (5) you are 18 or older.
You acknowledge and agree that KJC has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Website, in addition to all other rights it has under this Agreement, at law or in equity, KJC reserves the right in its sole and absolute discretion, to: (1) remove without notice, or refuse to post any User Content; (2) KJC is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, KJC may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.
Any User Content sought to be posted at the Website must conform, in the sole and exclusive opinion of KJC, to the following rules and standards. It must: (1) conform to all applicable laws, (2) be appropriate in the context of the general purposes of the Website; (3) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (4) not provide personal information, or solicit such information from any other user of the Website; (5) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, "spamming," "spimming" or "phishing;" (6) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (7) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Website; and (8) be only for non-commercial purposes.
KJC may, at no cost or expense to you, process your User Content for playback over the Internet, in print or on television or direct playback on prepared files. KJC shall have and retain all right, title, and interest in and to the data resulting from such processing ("Digital Files"), including without limitation, encoding, compressing, formatting and processing of audio and video data. KJC agrees that its use of the Digital Files will be in accordance with this Agreement.