Augmented Reality Content
Content Submission and Content Viewing Terms:
Unless specified otherwise in writing (and additional costs may result), each link directing to augmented reality content will have an expiry of 3 months after the initial purchase date.
As a submitter or viewer of any augmented reality content, you understand that when using the Service, you will be exposed to Content from a variety of sources, and that Just the Wine Talking is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Just the Wine Talking with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Just the Wine Talking, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
As a Just the Wine Talking client you may submit Content to the Service, including videos and user comments. You understand that Just the Wine Talking does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Just the Wine Talking, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Just the Wine Talking’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after the three month link expiry. You understand and agree, however, that Just the Wine Talking may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Just the Wine Talking all of the license rights granted herein.
- Just the Wine Talking does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Just the Wine Talking expressly disclaims any and all liability in connection with Content. Just the Wine Talking does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Just the Wine Talking will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Just the Wine Talking reserves the right to remove Content without prior notice.
Prohibited Content
- You must not during the course of your use of any service provided by Just the Wine Talking, submit content that:
(1) Is or contains a Virus;
(2) Is unlawful, harmful, offensive, abusive, threatening, defamatory, libellous, vulgar, obscene, infringing, menacing, harassing or racially or ethnically offensive or otherwise objectionable or otherwise breaching any laws;
(3) Facilitates or encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
(4) Depicts indecent, pornographic or sexually explicit images;
(5) Compromises the rights of, brings harm to, or in any way unfairly deals with children and minors;(6) Incites, promotes or encourages violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behaviour;
(7) Is discriminatory based on age, race, gender, gender re-assignment, colour, religious belief, sexual orientation, disability or any other protected characteristic of an individual;
(8) Reveals any confidential or sensitive information unless you are authorised to make such disclosure;
(9) Impersonates any living person, misrepresents your affiliation with a person, or contains forged or manipulated headers intended to disguise the origin of the content;
(10) Violates the privacy rights of any living person or harvests or collects data about others without their knowledge and consent;
(11) Is a breach of the copyright, patent, trademark, trade secret, database right or any other intellectual property right of any person unless you have the permission of the controller or owner of such right;
(12) Streams, distributes, links to or accesses any material that you know, or ought reasonably to know, cannot be legally streamed, distributed, linked to or accessed;
(13) Causes damages or injury to any person or property;
(14) Interferes with the use or enjoyment of the Services by another person.