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This Registration and Content Submission Agreement (this "Agreement") states the terms and conditions under which you may register Content with POOOOL. Read this Agreement carefully. By submitting your podcast or any other Content to POOOOL, you will be deemed to have accepted and agreed to all of the terms and conditions contained herein. "We" and "us" mean POOOOL Consortium. "You" and "your" refer to you, the person that submits Content to POOOOL. "Content" means any content or material submitted by you in connection with this registration in whatever form provided, including but not limited to any and all podcasts, images, audio files, video files, literary works, motion pictures and other audiovisual works, sound recordings and other works of authorship (whether or not copyrightable).
SUBMISSIONS
You agree that all Content will be submitted electronically by means of personal upload of the Content. You agree that POOOOL store the Content for playback in connection with the operation of the POOOOL Web site and performance of the related services (collectively, the "POOOOL Service"), and you release POOOOL from any and all liability for any loss or damage thereto, regardless of cause.
LICENSE
By submitting your Content to POOOOL, you hereby grant to POOOOL a non-exclusive, perpetual, worldwide, royalty-free, transferable, right and license to *) modify, adapt and translate your Content for purposes of indexing it on the POOOOL Web site and otherwise for use in the POOOOL Service, including, as applicable, transcoding it, changing its resolution, converting the audio portion into one or more text files, compiling an index of the resulting text files and performing searches on the resulting text files, *) store your Content in connection with the POOOOL Service, including caching for playback, and *) playback and otherwise publicly display, publicly perform and digitally transmit your Content in connection with the POOOOL Service. The foregoing license does not apply, however, to any Content, or elements thereof, that are not original, novel or valuable or are not copyrightable, or are otherwise in the public domain, and you acknowledge that POOOOL has the right to use any such Content, irrespective of this Agreement.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to POOOOL all of the following: (a) you are not under 18 years old (if you are, the signatures of your parents or legal guardians are required); (b) you are otherwise legally competent to enter into this Agreement; (c) you are the sole author(s) of the Content; (d) you have the full, exclusive and unqualified right, title and interest in the Content, including the right to reproduce, disclose and license it to us; and (e) the Content does not infringe any copyright or any other intellectual property right of any third party.
USER REQUIREMENTS
You acknowledge that POOOOL may or may not pre-screen Content, but that POOOOL and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via POOOOL. Without limiting the foregoing, POOOOL and its designees shall have the right to remove any Content that violates the POOOOL Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by POOOOL or submitted to POOOOL.
GOVERNING LAW
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Austria without regard to its conflict of law rules. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in courts located in the Austria and each party irrevocably submits to the jurisdiction and venue of such courts.
GENERAL
You may terminate this registration at any time at your discretion, and POOOOL will use commercially reasonable efforts to remove your content as quickly as possible. This Agreement, together with POOOOL's TOS, constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral. The disclaimers, limitations and other terms and conditions of the TOS also apply to your registration of Content with POOOOL.