Materials Submitted by Customer:
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
• You will retain ownership of such User Submitted Materials, and you grant Lil’ Duck Duck and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display such User Submitted Materials via print publications, on its website or the like in connection with the provision, production or promotion of any product or service by Lil’ Duck Duck.
• You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials; that if you are not the author/owner of the User Submitted Materials you have been given a release to use, reproduce, duplicate and/or create a derivative of the User Submitted Materials from the author/owner; that your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party; that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable; and that you have the right to grant the licenses heretofore granted to Lil’ Duck Duck.
• None of the User Submitted Materials will be subject to any obligation whatsoever, whether of confidentiality, attribution or otherwise, on Lil’ Duck Duck’s part or on the part of any of Lil’ Duck Duck’s assignees, sublicensees or designees, and neither Lil’ Duck Duck nor its assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
• You agree that Lil’ Duck Duck may (but are not obligated to) filter any User Submitted Materials (including, without limitation, by deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, by suspending processing and shipping of any order relating to any User Submitted Materials), and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect Lil’ Duck Duck or Lil’ Duck Duck’s affiliates, distributors, partners, licensors, licensees or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
• You agree to defend, indemnify, and hold harmless Lil’ Duck Duck, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with Lil’ Duck Duck. You agree that Lil’ Duck Duck may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.