1. Please be aware that by providing your Content to or through the Services, be it via email, posting
via Dish.guide, via the services and applications of others, or otherwise, including any of your
Content that is transmitted to your Dish.guide account by virtue of DISHs product or service,
reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in
any of your Content, you grant DISH a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to
- host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works
from and publicly display and perform such Content of yours throughout the world in any
media, now known or hereafter devised; .
- make your Content available to the rest of the world and to let others do the same;
- to provide, promote, and improve the Services and to make your Content shared on the
Services available to other companies, organisations or individuals for the syndication,
broadcast, distribution, promotion or publication of such Content of yours on other media and
services, subject to our Privacy Policy and this Agreement; and
- use the name and/or trademark that you submit in connection with such Content of yours.
2. You acknowledge that DISH may choose to provide attribution of your Content at our discretion.
You further grant DISH the right to pursue at law any person or entity that violates your rights in
your Content by a breach of this Agreement. You acknowledge and agree that your Content is
non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the
necessary licences, rights (including copyright and other proprietary rights), consents and
permissions to publish and otherwise use (and for the DISH to publish and otherwise use) your
Content as authorised under this Agreement. If it is determined that you retain moral rights
(including rights of attribution or integrity) in your Content, you hereby declare that, to the extent
permitted by applicable law,
- you do not require that any personally identifying information be used in connection with the
Content, or any derivative works of or upgrades or updates thereto;
- you have no objection to the publication, use, modification, deletion and exploitation of your
Content by DISH or their licensees, successors and assigns;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights
of an author in any of your Content; and
- you forever release DISH and their licensees, successors and assigns, from any claims that you
could otherwise assert of any such moral rights.
3. Note that any feedback and other suggestions you provide may be used at any time and we are
under no obligation to keep them confidential.
4. The Services may contain discussion forums, bulletin boards, review services or other forums in
which you may post your Content, such as reviews of experiences, messages, materials, or other
items ("Customer registration area").
5. If DISH provides such Customer registration areas on the websites, you are solely responsible for
your use of such Customer registration areas and use them at your own risk. DISH does not
guarantee any confidentiality with respect to any of your Content you provide to the Services or in
any Customer registration area. To the extent that DISH provides any form of private
communication channel between Account Holders, you agree that DISH may monitor the
substance of such communications in order to help safeguard our community and the Services.
You understand that DISH does not edit or control the user messages posted to or distributed
through the Services, including through any chat rooms, bulletin boards or other communications
forums, and will not be in any way responsible or liable for such messaging. In particular, DISH
does not edit or control users’ Content that appears on the websites. DISH nevertheless reserve the
right to remove without notice any such messaging or other Content from the Services, where they
believe in good faith that such Content breaches this Agreement or otherwise believe the removal
is reasonably necessary to safeguard the rights of DISH and/or other users of the Services. Should
you disagree with the removal of your Content from the websites, you may contact DISH using
the customer e-mail service to make your objections. By using any Customer registration area you
expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish
through the Services any Content of yours that:
- Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing (or advocates harassment of another person), threatening, invasive of
privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity,
a criminal offense, give rise to civil liability, violate the rights of any party in any country of
the world, or that would otherwise create liability or violate any local, national or international
law, including, without limitation;
- Provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary
right of any party. In particular, content that promotes an illegal or unauthorised copy of
another’s copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed copy-protect devices, or providing
pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or
entity, including DISH;
- Is private information of any third party, including, without limitation, addresses, phone
numbers, email addresses, National Insurance numbers and credit card numbers. Note that an
individual’s surname (family name) may be posted to our websites, but only where express
permission of the identified individual has been secured beforehand;
- Contains restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or
destructive files;
- Is unrelated to the topic of the Customer registration area (s) in which such Content is posted;
or
- In the sole judgment of DISH (a) violates the previous subsections herein, (b) is objectionable,
(c) restricts or inhibits any other person from using or enjoying the Customer registration area
or any other aspect of the Services, or (d) may expose any of DISH or their users to any harm
or liability of any type.
6. DISH takes no responsibility and assumes no liability for any Content posted, stored, transmitted
or uploaded to the Services by you (in the case of your Content) or any third party (in the case of
any and all Content more generally), or for any loss or damage thereto, nor is DISH liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity
you may encounter. As a provider of interactive services, DISH is not liable for any statements,
representations or any other Content provided by its users (including you as to your Content) in
the websites or any other forum. Although DISH has no obligation to screen, edit or monitor any
of the Content posted to or distributed through any Customer registration area, DISH reserves the
right, and has absolute discretion, to remove, screen, translate or edit without notice any Content
posted or stored on the Services at any time and for any reason, or to have such actions performed
by third parties on their behalf, and you are solely responsible for creating backup copies of and
replacing any Content you post or otherwise submit to us or store on the Services at your sole cost
and expense. Any use of the Customer registration areas or other aspects of the Services in
violation of the foregoing violates the terms of this Agreement and may result in, among other
things, termination or suspension of your rights to use the Customer registration areas and/or the
Services more generally.