4.1. The MalcolmsGarden.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content submitted by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).
4.2. Third-Party Content also includes, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of MalcolmsGarden.com.
4.3. By posting, submitting or uploading a Third-Party Content to any area of MalcolmsGarden.com, you automatically grant, and you represent and warrant that you have the right to grant, to Malcolm’s Garden an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to MalcolmsGarden.com, you automatically grant Malcolm’s Garden all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Malcolm’s Garden the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Malcolm’s Garden, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
4.4. You acknowledge that the interactive features on MalcolmsGarden.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to MalcolmsGarden.com. Malcolm’s Garden cannot guarantee the security of any information you disclose through MalcolmsGarden.com. You make such disclosures at your own risk. Malcolm’s Garden has no obligation to retain or provide you copies of Third-Party Content.
4.5. By posting Third-Party Content to MalcolmsGarden.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Malcolm’s Garden any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user’s question.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
4.6. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to MalcolmsGarden.com on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access MalcolmsGarden.com to facilitate posting Third-Party Content on behalf of others, except with express written permission from Malcolm’s Garden.
4.7. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Malcolm’s Garden may change or remove any description or keyword that it considers inappropriate or unlawful in Malcolm’s Garden’s sole discretion.
4.8. You are and shall remain solely responsible for any and all Third-Party Content you make through MalcolmsGarden.com. You acknowledge that any information you disclose through MalcolmsGarden.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on MalcolmsGarden.com. Any such disclosures are at your own risk.
4.9. You understand that when using the MalcolmsGarden.com website, you will be exposed to Third-Party Content from a variety of sources, and that Malcolm’s Garden is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are 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 Malcolm’s Garden with respect thereto, and agree to indemnify and hold Malcolm’s Garden, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.10. Third-Party Content may contain the views and opinions of individual content authors. Malcolm’s Garden does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Malcolm’s Garden expressly disclaims any and all liability in connection with Third-Party Content.
4.11. Malcolm’s Garden does not prescreen Third-Party Content submitted and Malcolm’s Garden has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including reviews, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Malcolm’s Garden may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any MalcolmsGarden.com forum.