5.1 Cuddlynest may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Cuddlynest Platform ("Member Content"); and (ii) access and view Member Content and any content that Cuddlynest itself makes available on or through the Cuddlynest Platform, including proprietary Cuddlynest content and any content licensed or authorized for use by or through Cuddlynest from a third party ("Cuddlynest Content" and together with Member Content, "Collective Content").
5.2 The Cuddlynest Platform, Cuddlynest Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Cuddlynest Platform and Cuddlynest Content, including all associated intellectual property rights, are the exclusive property of Cuddlynest and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Cuddlynest Platform, Cuddlynest Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Cuddlynest used on or in connection with the Cuddlynest Platform and Cuddlynest Content are trademarks or registered trademarks of Cuddlynest in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Cuddlynest Platform, Cuddlynest Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Cuddlynest Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cuddlynest or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Cuddlynest grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Cuddlynest Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Cuddlynest Platform, you grant to Cuddlynest a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Cuddlynest Platform, in any media or platform. Unless you provide specific consent, Cuddlynest does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Cuddlynest Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Cuddlynest Platform or you have all rights, licenses, consents and releases that are necessary to grant to Cuddlynest the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cuddlynest 's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Cuddlynest ’s Content Policy or any other Cuddlynest policy. Cuddlynest may, without prior notice, remove or disable access to any Member Content that Cuddlynest finds to be in violation of these Terms or Cuddlynest ’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Cuddlynest , its Members, third parties, or property.
5.8 Cuddlynest respects copyright law and expects its Members to do the same. If you believe that any content on the Cuddlynest Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.