6. Member Information, Content & Safety
When you register for Membership with Entnest, you agree to make the requested information about you visible to other registered Entnest Members and parts of the requested information about you visible to non-registered Entnest Members. The intent with this is to improve the possibility for our Members to Achieve Success Faster.
, and to have your personally identifiable information collected, used, transferred to and processed.
Subject to your compliance with our T&Cs, Entnest grants you a limited, non-exclusive, non-transferable license, to access and view any Entnest Content solely for your personal and non-commercial purposes solely for the purposes expressly permitted by the Service. You have no right to sublicense the license rights granted in this section unless separately and in advance consented to by Entnest.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Entnest.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, reviews, pictures, and other content or information (“Member Content”). For the avoidance of doubt, Member Content shall include all information posted, transmitted, or otherwise made available by Members on the Service in connection with the creation of a Membership or usage of our Services.
You agree not to post Member Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.
You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. To the extent that your Member Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such Member Content and have the power to grant the license granted below. Entnest reserves the right, but is not obligated, to reject, modify and/or remove any Member Content that Entnest believes, in its sole discretion, violates these provisions.
You understand that publishing your Member Content on the Service is not a substitute for registering it with a Copyright Organization.
In connection with your Member Content, you affirm, represent and warrant the following:
A) You have the written consent of each and every identifiable natural person in the Member Content to use such person’s name or likeness in the manner contemplated by the Service and these T&Cs, and each such person has released you from any liability that may arise in relation to such use.
B) Your Member Content and Entnest's use thereof as contemplated by these T&Cs and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C) Entnest may exercise the rights to your Member Content granted under these T&Cs without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
D) To the best of your knowledge, all the Member Content and other information that you provide to us is truthful and accurate.
Entnest takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts or sends over the Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content.
You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Entnest shall not be liable for any damages you allege to incur as a result of Member Content.
By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Entnest a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Entnest’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Service a non-exclusive license to access your Member Content through the Service, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Service and under these T&Cs.
You acknowledge and agree that Entnest may disclose your Member Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce these T&Cs, (c) respond to claims that your Member Content violates the rights of third parties; (d) protect the rights, property or personal safety of Entnest, its employees, Members and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which these T&Cs relates, or upon any other corporate reorganization, subject to the promises made in these T&Cs. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
When you complete our registration process you will create a password that will enable you to access our Services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Entnest cannot and will not be liable for any loss or damage arising from your failure to comply with this.