8. Intellectual Property and Your Materials
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Everyday Language Summary: Anything you upload remains yours (if it was yours) and is your responsibility. However, Programa can use the things you upload to provide Programa services. Anything uploaded to Programa remains the property and responsibility of its initial owner. However, Programa will receive a licence of materials uploaded through our platform that we may use to operate our Services. Furthermore, we will only promote a user’s material with their explicit knowledge, coordination and approval.
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8.1 Your Data
We will maintain certain data and Materials that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
8.2 Your Materials
We do not claim ownership of the Materials you provide to Programa.
However, we do require a licence to those Materials. You thereby grant Programa a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and licence to host, use, distribute, expose, modify, run, copy, store, publicly perform, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this licence to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You represent, warrant, and agree that you have all necessary rights in the Materials to grant this licence. You irrevocably waive any and all moral rights you may have in the Materials in favour of Programa and agree that this waiver may be invoked by anyone who obtains rights in the materials through Programa, including anyone to whom Programa may transfer or grant (including by way of licence or sublicence) any rights in the Materials. If you owned the Materials before providing them to Programa then, despite uploading them to your Programa Account they remain yours, subject to any rights or licences granted in the Terms of Service or elsewhere.
You can remove your Programa Account at any time by deleting your Account. Removing your Programa Account does not terminate any rights or licences granted to the Materials that Programa requires to exercise any rights or perform any obligations that arose during the Term. You agree that Programa can, at any time, review and delete any or all of the Materials submitted to the Services, although Programa is not obligated to do so.
You grant Programa a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and licence to use the names, trademarks, service marks and logos associated with your Programa Account (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This licence will survive any termination of the Terms of Service solely to the extent that Programa requires the licence to exercise any rights or perform any obligations that arose during the Term.
8.3 Promoting Your Materials with Your Consent
In limited circumstances - Programa may seek your permission to promote your organisation and Materials. For instance, we may publish user success stories in relation to their use of the Programa Platform (e.g. https://programa.design/made-with-programa). In scenarios like this, we will only promote and or publish anything related to the User or their Materials with their explicit knowledge, coordination and approval. For general advertising, Programa does not use any known User’s Material - and instead use anonymised or AI generated content.
8.4 Programa Intellectual Property
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “as is” for your information. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You agree that you may not use any trademarks, logos, or service marks of Programa, whether registered or unregistered, including but not limited to the word mark Programa (“Programa Trademarks”) unless you are authorised to do so by Programa in writing. You agree not to use or adopt any marks that may be considered confusing with the Programa Trademarks. You agree that any variations or misspellings of the Programa Trademarks would be considered confusing with the Programa Trademarks. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Programa or Programa Trademarks or that use or include any terms that may be confusing with the Programa Trademarks. You acknowledge and agree that the Terms of Service do not give you any right to implement Programa patents.
8.5 Your / User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service;
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service;
- Your Contributions are not false, inaccurate, or misleading;
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people;
- Your Contributions do not violate any applicable law, regulation, or rule;
- Your Contributions do not violate the privacy or publicity rights of any third party;
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; or
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
8.6 Third Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.