By submitting any content to SunPower, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- you have the right and power to enter into this Agreement;
- all "moral rights," including but not limited to your right of publicity and/or right of privacy, that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
- you will not impersonate any other person or entity, sell or let others use your profile, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- your entry into this Agreement and use of the content you supply will not breach any agreement or obligation (contractual or otherwise) to any third party and that no consent or authorization from any third party is required in connection herewith; and
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, damaging, disruptive, unlawful, pornographic, vulgar, profane, obscene, lewd, lascivious, filthy, threatening, excessively violent, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation or otherwise objectionable;
- that incites, encourages, or threatens immediate physical harm against another, including but not limited to, content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual;
- that contains material that solicits personal information from anyone under 18 years old or exploits anyone in a sexual or violent manner;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
- that includes anyone’s identification documents or sensitive financial information;
- that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant SunPower a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free (meaning that we are not required to pay you to use your content), sublicensable (meaning that we can sublicense its rights to, for example, third party hosted service providers who host sunpower.com) right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, publicly perform, and/or distribute such content, and/or incorporate such content into any form in any form (including for promotional or marketing purposes), medium or technology, now existing or hereafter created, throughout the world without compensation to you. You further agree that SunPower shall have the unrestricted right to use any comments, suggestions, ideas, notes, drawings, concepts, comments, or other information disclosed or contained in any content that you submit, or materials or ideas similar to them (“Submitted Ideas”), in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You understand and acknowledge that the Submitted Ideas shall be and shall remain our property. You understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas or other items identical to or similar to the Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, no Submitted Idea is submitted in confidence and we assume no obligation, express or implied by considering the Submitted Idea. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Submitted Ideas of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submitted Ideas. You further release and waive all claims against SunPower with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States. You hereby acknowledge and affirm that your use of the CPVS Service is sufficient consideration for the grant of this license to SunPower.
By submitting a photo or video, you agree that SunPower may contact you about your photo or video and for other administrative and/or marketing purposes. SunPower may share your comments [along with identifying information] to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by SunPower provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to SunPower.
SUNPOWER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND SUNPOWER DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.
Under no circumstances shall SunPower and/or its affiliates (nor their respective officers, employees, or agents) be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if SunPower has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold SunPower (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Together Mobile, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.