User Submissions and Conduct
- A. Your Submissions. Your Submissions. You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, columns, articles, (“User Writings”) and comments (“User Comments”) to Grandex, Inc., via upload or submission functions on the Websites or third-party websites used by Grandex, Inc., via email, or via Mobile Services. User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Grandex, Inc., does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. You grant Grandex, Inc. the right to edit and/or alter any User Submissions. Grandex, Inc. reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Grandex, Inc. may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to Rush Boobs, TFM Girls, or Babe Of The Day. By posting to those categories, you agree you are of legal age.
- B. Your Responsibility for User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
i. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Grandex, Inc.;
ii. you have secured all rights, licenses, and permissions to use and to license to Grandex, Inc., any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
iii. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Grandex, Inc. – and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
iv. your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to Grandex, Inc., and its parents, successors, affiliated entities, agents and assigns, employees, licensees, and designees to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.
- C. Your License to Grandex, Inc.. By submitting User Submissions to Grandex, Inc., without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
i. you grant to Grandex, Inc., and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Grandex, Inc. or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Grandex, Inc.’s business, including without limitation, for advertising, marketing, promoting, and redistributing all or a portion thereof;
ii. you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;
iii. you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
iv. you grant Grandex, Inc., and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Grandex, Inc. may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.
- D. User Submission Content Restrictions. You agree not to post, email, or otherwise make available any User Submissions that:
i. are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
ii. harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. impersonate any person or entity, including, but not limited to, a Grandex, Inc. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. include personal or identifying information about another person without that person’s explicit consent;
v. are false, deceptive, misleading, deceitful, or misinformative;
vi. infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
vii. you do not have a right to make available under any law, or under contractual or fiduciary relationships;
viii. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
ix. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software or hardware or telecommunications equipment;
x. disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
xi. employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
xii. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
- E. No Violation of Third Party Rights. In connection with User Submissions, you further agree that you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Grandex, Inc., all of the licenses granted herein.
- F. Grandex, Inc.’s Data Practices. You acknowledge that Grandex, Inc. may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Grandex, Inc.’s servers on your behalf. You agree that Grandex, Inc. has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites. You acknowledge that Grandex, Inc. reserves the right to terminate accounts that are inactive for an extended period of time. Also, Grandex, Inc. reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites. Deleted User Submissions may be stored by Grandex, Inc. in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Grandex, Inc. encourages you to maintain your own backup of your User Submissions.
- G. Grandex.’s Modification of Removal of User Submissions. Grandex, Inc. does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, Grandex, Inc. chooses, in its sole discretion, to monitor the User Submissions, Grandex, Inc. nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Grandex, Inc., does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Grandex, Inc., expressly disclaims any and all liability in connection with User Submissions. Grandex, Inc. does not permit copyright infringing activities on its Websites, and Grandex, Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to Grandex, Inc.’s Copyright Policy see the Copyright Policy (link above). Grandex, Inc., reserves the right to remove Content and User Submissions without prior notice.
- H. No Alteration of Website. You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Websites. You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content, code or otherwise alter or interfere with the way in which any Grandex, Inc. page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Grandex, Inc. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. In your use of the Websites, you will comply with all applicable laws, statutes and regulations.
Choice Of Law.
These Terms shall be deemed to have been agreed upon within the State of Texas, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Texas, without regard to the conflicts of law principles thereof. The parties agree to the personal jurisdiction by and venue in Austin, Texas, and waive any objection to such jurisdiction or venue irrespective of the fact that a party may not be a resident of that State.
Your privacy on the Internet is important to us. As a part of the operation of postgradproblems.com, we gather your e-mail address only when you submit it to subscribe to our newsletter. We respect your privacy and will not share or sell your e-mail address to a third party. However, we may use it to contact you regarding site updates, news, and information.
The foregoing policy is effective as of March 2010, and Grandex LLC reserves the right to change this policy at any time. Please check this page periodically for changes. This statement and policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Third party advertising
We use various third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please contact us using the contact form.
Third party cookies
In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
If you have any question about this privacy, please contact us at [email protected].