4. Conduct of the Customer – User Generated Contents
4.1 The Customer’s right to use the Service and Platform is personal; If Additional Accounts are purchased, the Customer will be provided with several Login Credentials to the Service, Packages and/or the Platform in accordance with the Additional Accounts.
4.2 Wyscout may immediately cancel and/or suspend the Customer’s Login Credentials and block access to the Platform, and supply, in whole or in part, of the Service if Wyscout detects any unauthorised use of Login Credentials and/or any use of the Platform and the Service that is unauthorised or performed by unauthorised persons.
4.3 It is strictly prohibited for the Customer to assign, transfer and/or otherwise license and/or charge others to use the Service and/or access the Platform.
4.4 Using the Platform, and with specific regard to the User Generated Contents, each Customer is solely responsible for the User Generated Contents uploaded by him/it/her, and undertakes not to upload or otherwise publish through the Platform any of the following:
- User Generated Content that is unlawful, defamatory, offensive, obscene, indecent, vulgar, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive or otherwise objectionable;
- User Generated Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Generated Content that describes, references, or otherwise communicates violent, dangerous, illegal, and/or criminal acts;
- User Generated Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
- User Generated Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of Wyscout;
- User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including without limitation addresses, phone numbers, e-mail addresses and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files;
- User Generated Content that, in the sole judgment of Wyscout, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or which may expose Wyscout and/or its Platform users to any harm or liability of any type.
4.5 Any use of the Platform in violation of the foregoing rules violates this Contract and may result in, among other things, termination or suspension of any Customer’s rights to use the Platform and the Services.
4.6 Each Customer remains solely liable for all User Generated Contents uploaded on the Platform. Wyscout does not take on any responsibility nor liability for any User Generated Content uploaded by Customers or any third party and/or for any loss or damage thereto.
4.7 As a provider of interactive services, Wyscout is not liable for any statement, representation or User Generated Content provided by its Customers on the Platform.
4.8 Although Wyscout does not routinely review User Generated Content and has no obligation to review, screen, edit or monitor any of the User Generated Content uploaded on the Platform, Wyscout reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Generated Content uploaded on the Platform at any time and for any reason without prior notice, and each Customer is solely responsible for creating backup copies of and replacing any User Generated Content uploaded on the Platform at his/her sole costs and expenses.
4.9 Wyscout reserves the right, at its sole discretion, to determine whether and what action to take in response to particular User Generated Content, and any action or inaction in a particular instance shall not dictate or limit Wyscout’s response with respect to other User Generated Content.
4.10 Each Customer represents and warrants that (a) he/she/it owns and controls all of the rights related to the User Generated Content uploaded or he/she/it otherwise has all necessary rights to upload such User Generated Content on the Platform; (b) the User Generated Content is accurate and not misleading; and (c) the User Generated Content uploaded does not violate these General Terms or any applicable laws, rules or regulations, and will not violate any rights of or cause damages to any person or entity.
4.11 Customers who upload User Generated Content on the Platform agree to grant Wyscout a perpetual, irrevocable, worldwide, license to publish, reproduce, display, perform, distribute, adapt, edit, modify, dub, create derivative works based upon, and otherwise use and sub-license such User Generated Content throughout the world in any form or media.
4.12 With reference to the article 4.11 above, whenever the Customer uploads on the Platform User Generated Content, he/she is obliged to inform Wyscout and to sign the Data agreement as per article 28 of the General Data Protection Regulation (679/2016- GDPR).
4.13 Without limitation to the foregoing, each Customer grants to Wyscout the right to make editorial revisions to the User Generated Content, to use and publish the User Generated Content in any manner and form, including electronic, on the Platform or through any other media, whether now or hereafter created; to use the User Generated Content for internal business purposes; to reproduce and distribute the User Generated Content for marketing and advertising purposes, and to sub-license the User Generated Content to third parties for any reason.