As discussed elsewhere in this Agreement, HiRise takes its obligations and duties requiring intellectual property rights seriously. HiRise has the right, but not the obligation, to take down any User Content in its sole discretion, or to terminate or suspend your account for reasons related to your User Content for your failure to comply with this Agreement including Sections 14 and 16 herein, whether in response to any third-party’s take-down notice or otherwise. You agree that should any third-party make any claims or threats against HiRise that would suggest that you have violated your warranties concerning your User Content, you will indemnify HiRise, and its affiliates, and their respective officers, directors, employees, and agents, for any payments it must make as a result of those claims or threats, including without limitation, settlements, judgments, and all attorneys’ fees and costs. HiRise will promptly notify you of all such claims and threats and HiRise will not settle any such claims or threats in a way that imposes any liability upon you without your prior written approval. You will have the right to defend such claims and threats using counsel of your choice (subject to HiRise’s approval, not to be unreasonably withheld, conditioned or delayed). You further agree that HiRise will not be liable to you in any way and that you will not seek either monetary or injunctive relief for HiRise removing the User Content, or, in its sole discretion, terminating or suspending your account, regardless of whether you incur costs or damages due to such actions.
You agree that you will not use the Services to post, upload, publish, submit or transmit any content that: (a) is defamatory, obscene, pornographic, vulgar or offensive; (b) promotes racism, bigotry, hatred or physical harm of any kind; (c) harasses or advocates harassment of another person; (d) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (e) is false, misleading, or deceptive; (f) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (g) is involved in the exploitation of minors, or solicits personal information from such persons; (h) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (i) violates the intellectual property rights or other rights of any third-party; (j) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (k) otherwise violates this Agreement or imposes liability on us to third parties.
HiRise has the right, but not the obligation, to preview, review, screen, flag, filter, edit, refuse, or remove any or all User Content either by itself, through third parties, or via its community of users, based on its own judgment as to the best interests of the Site, the Services and all users.
You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and Services at your sole risk.