a. User-generated content. Now or in the future Studen may offer the Services users an opportunity to create, collect, publish, upload, display, post, distribute, transmit, broadcast or otherwise make available or send via the Services or responding to our pages or messages on any third-party platforms or in relation to any of our promotion campaigns via any mass media or in any way, or otherwise present (for example, on our Facebook pages or other social networks, responding to our tweets, via a draw or a contest, or by sending it to us by other means) (collectively referred to as “send”) the following content: messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal or other information or materials and ideas contained therein (collectively referred to as “User Content”, excluding the Licensed Elements of Studen included therein,). You can send User Content via your profile, forums, blogs, noticeboards, social networks, content creation and posting tools, subscription services, gameplay, social communities (including an interactive community (defined below), if applicable), our feedback tools, email and other communication means. Except for those rights and licenses you grant under these Terms of Use and in compliance with any applicable Additional Terms, you retain any legally recognized rights, ownership and interests that you have regarding your User Content.
Unless otherwise specified in the published Privacy Policy of the Services or any
applicable Additional Terms, you agree that: (A) we will consider your User Content as
non-confidential and non-proprietary — regardless of whether you mark it as “confidential”, “proprietary”, etc. — and will not be returned, and (B) to the greatest extent not prohibited by the current legislation, Studen undertakes no obligations to you or any third party regarding your User Content. Upon request, you are to provide the documents required to verify your rights to this content and check your compliance with these Terms of Use or any applicable Additional Terms. You acknowledge that the Internet and mobile connection may be insecure and are subject to breaches of security; accordingly, you acknowledge and agree that you sent the User Content at your own risk.
When communicating with Studen, please keep in mind that we aren’t looking for any voluntarily ideas or materials for products or services or even suggested improvements to products or services, including, but not limited to: ideas, concepts, inventions or solutions for music, websites, applications, books, scripts, screenplays, TV shows, theatrical productions, software or otherwise (collectively referred to as “Unsolicited Ideas and Materials”). Any unsolicited ideas and materials sent by you are treated as user content and are provided to us under license as defined below. Besides, Studen reserves all rights held by the general public regarding your Unsolicited Ideas and Materials. The receipt of your Unsolicited Ideas and Materials by Studen doesn’t mean that Studen recognize their novelty, priority or originality and doesn’t infringe on Studen’s right to contest the current or future intellectual property rights relating to your Unsolicited Ideas and Materials.
Studen’s right to your User Content. Unless otherwise specified in any applicable Additional Terms (for example, in the official promotion rules) that regulate the sending of your User Materials or in our Privacy Policy, hereby you grant Studen a non-exclusive, unlimited, unconditional, global, irrevocable, indefinite and free rights and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (at multiple levels), demonstration, public performance, transition, publication, broadcast, translation, creation of derived materials, as well as an opportunity to otherwise use and exploit all or any part of your User Content (and its derived materials) for any purpose in all forms using any means, or currently known means, or the ones developed in the future, and using any technologies or devices currently known or
developed in the future, as well as for advertising, selling and promoting them. The unlimited granted rights include the right to: (A) configure, post, index, cache, archive, store, digitize, compress, streamline, change, reformat, edit, adapt, publish in a searchable form, as well as delete such User Content and combine it with other materials and (B) use any ideas, concepts, know-how or methods contained in any User Content for any purpose, including product and/or service development, production, and marketing. You acknowledge that during implementation of these rights, metadata, notifications, and content may be deleted or changed, including copyright management information, and you consent to this, claim and guarantee that you have the authority necessary to do so. For the further implementation of the rights and licenses you grant to Studen regarding your User Content under the current legislation, you also hereby grant Studen and agree to grant Studen an unconditional, infinite, irrevocable right to use and exploit your name, identity and image regarding any User Content without any obligation or remuneration to you. Except in cases prohibited by the law, you hereby waive and agree to waive any moral rights (including attribution of authorship and integrity) that you may have regarding any User Content, even if it has been changed or modified in a way you don’t like. To the extent it can’t be waived, you unconditionally agree not to implement such rights (if any) in a way that prevents any implementation of the rights granted. You acknowledge that you won’t receive any fees, amounts, refunds or remuneration for any rights granted under this section.
Studen may, but is not obligated to view, track, display, publish, store, support, accept
or otherwise use any of your User Content, and Studen may reject, delete, move, reformat, destroy or refuse to publish or otherwise use User Content at its sole discretion without prior notice or any responsibility to you or any third party regarding our proper operations with User Content on the platforms, for example, to increase User Content availability, prevent copyright violations and protect Users from malicious user content. We may, but are not obligated to do unlimitedly to eliminate content that has attracted our attention and that we consider offensive, obscene, vicious, lascivious, dirty, violent, insulting, threatening, aggressive, illegal or otherwise unwanted or inappropriate, or to ensure respect for the rights of third parties, or these Terms of Use, or any applicable Additional Terms. We shouldn’t store such User Materials sent by you or third parties in the Services for any time, and after sending them, you won’t have the right to access, archive, support, change, delete or otherwise use such User Materials in the Services or anywhere else, except that minor California residents have the right to have certain personal content, which they have posted in the Services, removed from public access, as stipulated in the Privacy Policy.
Each time you send any User Content, you claim and guarantee that you are of legal age under the law of the jurisdiction you reside in, or are a parent or legal guardian, or that you have all the required consents from a parent or a legal guardian of any minor who is shown or has contributed to any User Content you send, and that regarding this User Content: (A) you are the sole author and owner of the Intellectual Property and other rights to the User Content, or you have the legal right to send the User Content and grant Studen the rights to it, which you grant under these Terms of Use and any applicable Additional Terms, and this creates no obligation to Studen to obtain any third party’s consent and no obligations or responsibility from Studen’s part; (B) The User Content is truthful; (C) The User Content doesn’t violate and won’t violate any intellectual property rights or other third parties’ rights, regarding the permitted uses and exploitation by Studen specified under these Terms of Use; and (D) The User Content won’t violate these Terms of Use or any applicable Additional Terms, as well as won’t harm any person.
Any User Content (including chat messages, links, videos, photos, audio or other multimedia content), which you send when working in Studen Tutor, can be publicly accessible via the Studen searchable content library. Such User Content can be accessed by anyone, including Studen. We recommend that you don’t include any personal information in any User Materials that you send to Studen, teachers or any other third parties in Studen Tutor, and be cautious when deciding on what you disclose when using our Services in general.
a. Interactive community rules. Certain Service aspects may make it possible for you to communicate with other users and publish information and other materials, including your personal User Content, via an interactive community (“Interactive Community”). You use the Interactive Community Services when, for example, watching or participating in the Interactive Community, posting a review, compiling a list, creating a profile, sending any User Content, or otherwise participating in any interactive function. The Interactive Community use is regulated by these Terms of Use and any applicable Additional Terms, as well as by the following:
You are allowed to use the Interactive Community for legitimate purposes under these Terms of Use only. If you use our Interactive Community and post, publish, or communicate any User Materials in or via the interactive community, be cautious when choosing the information that you publish and/or provide to other users.
You are not allowed to post or transmit via the Services any illegal, damaging, threatening, offensive, harassing, discrediting, vulgar, obscene, sexually explicit, blasphemous, hateful, racially-, ethnically- or otherwise unacceptable material of any kind, including any material encouraging behavior that may imply a criminal offense, result in civil liability or otherwise violate any law, rule or legal provision applicable to you or applicable in the country where such material is posted. We reserve the right to reject, refuse to publish or delete any publications or other User Materials (including personal messages) from you at our sole discretion, as well as to deny, restrict, suspend or withdraw access to all or any part of the Interactive Community at any time, for any reason or without it, without prior notice or explanation and without incurring liability.
You are not allowed to publish User Content that: (A) among others transmit “spam”, “email chains” or unwanted mass mailing, instant messaging, “spamming” or “spam”; (B) contains pages with restricted access, or password-only access, or hidden pages or images (those which don’t come from or lead to another publicly accessible page); (C) requests passwords or personal information from other users for commercial or illegal purposes; (D) contains commercial activities and/or sales, such as contests, draws, barter, advertising, or pyramid schemes; (E) contains photos or videos of another person that you have posted without the person’s consent; (F) circumvents or alters, or attempts to circumvent or alter, or encourages or assists any third party to circumvent or alter any security technology or software that is a part of the Services; (G) contains viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or restrict any computer software or hardware functions or otherwise allow unauthorized use or access to a computer or computer network; (H) closes or hides advertising banners on your personal profile page; (I) contains any automated use of the Services, for example, scripts used to add friends or send comments or messages;
(J) interferes with, violates or creates excessive load on the Services, or networks, or the Interactive Community-related services; (K) makes it possible to pass for another user of the Interactive Community, an individual or legal entity, or attempts to pass for him or her; (L) uses an account, a username or a password belonging to another Interactive Community user at any time, or discloses your password to any third party, or provides access to your account to any third party; (M) sells or otherwise transfers your profile data; or (N) uses any information received from the Services or the Interactive Community to harass, insult or harm another individual or legal entity, or attempts to do so.
We reserve the right to delete your profile and/or deny, restrict, suspend or withdraw your access to the whole interactive community or any of its parts for any reason at our sole discretion.
If you have any information of the Interactive Community being misused, including any illegal, damaging, threatening, offensive, harassing, discrediting, vulgar, obscene, sexually explicit, blasphemous, hateful, racially-, ethnically- or otherwise unacceptable material of any kind, including any material encouraging behavior that may imply a criminal offense, result in civil liability or otherwise violate any law, please contact us. Notwithstanding the above and to the greatest extent permitted by the current legislation, we are not responsible for constant monitoring of the Interactive Community or for deleting or editing any User Content, even having
received a notification. We are not responsible for any acts or omissions regarding behavior, communication, or user content in the Interactive Community. You are solely responsible for all activities taking place in the Interactive Community. The Interactive Community is not for use by individuals under the age of 18 years (“Minors”). Children under the age of 16 years are not allowed to register or create user profiles, and individuals aged between 16 and 18 are to participate in the Interactive Community only subject to being supervised by parents or legal representatives. Multiple information and commercial resources (including computer equipment, software or filtering services) help parents to ensure their children’s safety on the Internet. If you want to learn more about these resources, the information is available on a variety of websites that provide information about these security tools. We intentionally do not sponsor or support any of these websites or their services.
The Interactive Community users may upload or otherwise send us the following for distribution in the Interactive Community and Services: (A) User Content that is not subject to any copyright or other ownership restrictions; or (B) User Content whose owner or licensor of any applicable rights has granted us express permission to distribute it on the Internet. You are not allowed to upload, embed, publish, email, transmit or otherwise provide access to any materials that violate any copyright, patents, trademarks, commercial secrets, or other ownership rights of any individual or legal entity. Any copyrighted or other proprietary User Materials distributed with the copyright holder’s consent must contain the following phrase: “The copyright belongs to [the holder’s name]; used with consent”. We reserve the right to assume that all User Materials comply with the above-listed requirements. Unauthorized sending of copyrighted or other proprietary User Materials is illegal and may entail the user’s personal responsibility for caused damage under civil proceedings, as well as criminal prosecution. The Interactive Community users are fully responsible for any damage resulting from any copyright or ownership infringement, or for any other damage resulting from unauthorized sending of user content. We are not responsible for any damage resulting from any copyright or ownership infringement, or for any other damage caused by any User Content.
