Content includes user-generated Content that You contribute, provide, post, upload or otherwise submit to ZeniMax via a Service ("UGC"), provided that the term UGC does not include Game Mods (as defined below).
UGC includes any photographs, images, video, music and sounds that You contribute, provide, post, upload or otherwise submit to ZeniMax via a Service (collectively, “Your UGC”).
UGC includes Content contributed, provided, posted, uploaded or otherwise submitted to ZeniMax by any other person using or via the Services.
UGC also includes Content that is not Your UGC, including but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at ZeniMax’s specific request or despite ZeniMax’s request that You not do so (such as Unsolicited Materials as described in Section 16) (collectively, “ZeniMax Owned UGC”). ZeniMax Owned UGC also includes all Content (other than Game Mods (as defined below)) that You create or develop using Content provided or made available by ZeniMax, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by ZeniMax. For clarity, Content and materials that are created, developed or accessible within a Game or Service using Content or tools provided by ZeniMax (e.g., Content and material created via an in-Game editor and accessible only within the Game) are ZeniMax Owned UGC and not Game Mods (as defined below).
For clarity, ZeniMax Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplementary Terms or would violate any law, (ii) any Content that You create or develop without the use of Content provided or made available by ZeniMax or (iii) any Game Mods (as defined below).
ZeniMax does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute, provide, post, upload or otherwise submit via the Services. You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload or otherwise submit.
You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trade secret law or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to ZeniMax as described below.
As between You and ZeniMax, You will be the owner of all of Your UGC (as defined above). To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to ZeniMax and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading or otherwise submitting ZeniMax Owned UGC or creating ZeniMax Owned UGC, You acknowledge and agree that all such ZeniMax Owned UGC is the sole property of ZeniMax and You hereby assign and agree to assign to ZeniMax all such ZeniMax Owned UGC contributed, provided, posted, uploaded or otherwise submitted by You and such assignment will be effective on the date the ZeniMax Owned UGC is created. To the extent that ZeniMax cannot claim exclusive ownership rights in such ZeniMax UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such ZeniMax UGC has expressly granted) to ZeniMax and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such ZeniMax UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services, including, but not limited to, Game functionality.
If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by ZeniMax to effect the licenses described above in this Section.
IN ALL CASES of ugc under THIS section 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), ZeniMax reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when ZeniMax determines that UGC violates THESE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in ZeniMax's sole and final discretion. To the maximum extent permitted by law, ZeniMax does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content.