User Content
User Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered User Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the “Contact Us” section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.
Your Entire Responsibility for Your User Content. You understand that you, and not SMRFS, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. SMRFS does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. SMRFS may, in its sole discretion, screen, monitor, refuse or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will SMRFS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that SMRFS is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and SMRFS, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.
Privacy of Your User Content Determined by Your Settings. The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. SMRFS will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review the Privacy Policy on the respective SMRFS Site for more information on how to manage your privacy controls.
Permission to Use Your Profile Name, Likeness. You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the SMRFS service without compensation to you. For example, we may show your SMRFS followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on SMRFS. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.