Terms of service

EFFICIENT SURGICAL APPS, INC

Effective as of June 21st, 2023 

1. INTRODUCTION 

1.1 Welcome to the EFFICIENT SURGICAL APPS, INC Terms of Use Agreement (hereinafter referred to as "the Company"). For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.jotlogs.com. “Service” refers to the Company’s services accessed via the Site, in which users can document clinical surgical information and generate insights based on this content. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

1.2 The following Terms of Use apply when you view or use the Service via our website located at www.jotlogs.com or by accessing the Service by clicking on the application (the “App”) on your mobile device.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

2. PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy  www.jotlogs.com/privacy-policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

3. HEALTH INFORMATION PRIVACY

3.1 JotLogs is committed to protecting the privacy and security of health information, which may include case notes provided by users about third parties. Any health information we collect is handled in accordance with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

3.2 By inputting health information, including case notes about third parties, into JotLogs, you represent and warrant that you have obtained all necessary consents and approvals and have complied with all applicable laws and regulations, including those relating to medical privacy and data protection.

3.3 You understand that unauthorized disclosure of third-party health information can result in personal liability. You agree to indemnify and hold us harmless from any claim, damage, or loss related to your unauthorized use or disclosure of such information.

3.4 Please see our Privacy Policy for more information on how we collect, use, and protect user information.

4. ABOUT THE SERVICE

4.1 JotLogs is a clinical documentation mobile app designed for use by surgeons, residents, and advanced practice providers. The app allows users to document surgical information and generates insights based on this content through the use of artificial intelligence.

5. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

5.1 To access certain features of the Service, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 You are responsible for safeguarding your password and for any activities or actions under your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5.3 You agree to use the Service in accordance with all applicable laws and regulations and in a manner that does not negatively reflect on the goodwill or reputation of The Company.

6. USE RESTRICTIONS

6.1 Your permission to use the Site and the Service is conditioned upon the following use restrictions. You agree that you will not, under any circumstances:

a. Use the Service for any unlawful purpose or for the promotion of illegal activities;

b. Attempt to, or harass, abuse, or harm another person, group, or the Company;

c. Use another user’s account without permission;

d. Provide false or inaccurate information when registering an account;

e. Interfere or attempt to interfere with the proper functioning of the Service;

f. Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

g. Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or

h. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

7. POSTING AND CONDUCT RESTRICTIONS
Applicable upon introduction of User Communication and Sharing Feature

Please note that the following conditions will become applicable once the User Communication and Sharing Feature is made available as part of the Service.

7.1 Once the User Communication and Sharing Feature is introduced, you may be able to share content, which may include text, images, and other types of data ("User Content"). You will be solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right, however, to remove any User Content from the Service at our discretion.

7.2 By transmitting and submitting any User Content while using the Service, you agree to the following:

a. You are solely responsible for your account and the activity that occurs while signed in to or while using your account.

b. You will not post information that is malicious, false, or inaccurate.

c. You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.

d. You retain all ownership rights in your User Content, but you grant to us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service. You also grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted by the Service and under these Terms of Use.

e. You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content.

f. We have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

7.3 You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. While we do not, and cannot, pre-screen or monitor all User Content, we reserve the right, at our discretion, to monitor and/or record your interactions with the Service or with other Users.

8. ONLINE CONTENT DISCLAIMER

8.1 Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

8.2 We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service. We do not adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

8.3 Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

8.4 E-mails sent between you and other users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

8.5 We shall have the right to remove any material that in our sole opinion violates, or is alleged to violate, the law or this agreement, or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use of the Service may result in criminal and/or civil prosecution under Federal, State, and local law.

8.6 If you become aware of misuse of our Service or violation of these Terms of Use, please contact us at info@jotlogs.com.

9. LINKS TO OTHER SITES AND/OR MATERIALS

9.1 As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).

9.2 These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content, nor do we investigate, monitor, or check them for accuracy, appropriateness, or completeness.

9.3 We are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content.

9.4 Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement.

9.5 If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk. Please be aware that our terms and policies, including these Terms of Use, no longer govern once you leave our Site.

9.6 We recommend that you review the applicable terms and policies, including privacy and data-gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

10. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at 7012 Bybrook Lane Chevy Chase MD 20815:

1.   The date of your notification;

2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

 1.   Your physical or electronic signature;

2.   A description of the content that has been removed and the location at which the content appeared before it was removed;

3.   A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

4.   Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Deleware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party, informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

11. LICENSE GRANT

11.1 By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, 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.

12. INTELLECTUAL PROPERTY

12.1 You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. 

12.2 Other product and company names that are mentioned on the Service may be trademarks of their respective owners. 

12.3 We reserve all rights that are not expressly granted to you under these Terms of Use.

13. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

13.1 Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

14. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

14.1 For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

14.2 We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@jotlogs.com or mail to the following postal address:

Customer Support
7012 Bybrook Lane
Chevy Chase MD 20815

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

15. DATA SECURITY

15.1 We recognize the sensitive nature of the medical data you entrust to us and are committed to maintaining the highest level of security in the protection of this data. We implement stringent technical and organizational measures to safeguard your personal and medical information from unauthorized access, misuse, alteration, loss, or disclosure. These measures include, but are not limited to, advanced encryption technology, secure computer systems, and protected data storage facilities.

15.2 Nevertheless, we must acknowledge that no method of digital transmission or electronic storage is infallible. While we strive to use commercially acceptable means to protect your medical data, absolute security cannot be guaranteed. Consequently, any transmission of personal or medical data is done at your own risk.

15.3 We advise you to exercise due diligence in preserving the integrity of your data. You are responsible for maintaining the confidentiality of your login credentials and ensuring that you log out when your session is completed to prevent unauthorized access.

15.4 In the unlikely event of a security breach involving your personal or medical data, we will take immediate steps to mitigate the impact, rectify the breach, and notify you as soon as possible. If required by applicable laws, we will also notify the relevant regulatory authorities.

15.5 We disclaim responsibility for any loss or damage resulting from factors beyond our control, including but not limited to the transfer of data over communication networks, delays or failures in delivery by service providers not contracted by us, and disruptions in internet service.

16. TERMINATION

16.1 Either you or we may terminate your access to the Service at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and use the Service will immediately cease.

16.2 If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we may, at our sole discretion, terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice.

16.3 We may also modify the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

16.4 If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. DATA BREACH NOTIFICATION

17.1 In the event that we become aware of any unlawful access to any personal data about any of our users, or access which has not been received by your consent, we will take all necessary steps to investigate and remedy the situation where possible.

17.2 In the unlikely event of a substantial data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to those users as a result of the breach or if notice is otherwise required by law. We will work with any affected users to restore the integrity of their personal data following any breach.

17.3 We will also notify the relevant supervisory authority or authorities of any substantial data breaches in accordance with our legal obligations under applicable data protection laws.

17.4 You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.

17.5 In the event of a data breach, we will take reasonable measures to mitigate the impact of the breach and prevent future breaches, including, if appropriate, by revising our security measures and protocols.

18. WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

19. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APP, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR CLINICAL DOCUMENTATION; (B) YOUR USE OR INABILITY TO USE THE APP; (C) THE APP GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE APP OR WITH ANY OTHER USER OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a patient or a healthcare provider pertaining to any clinical documentation or service you review or provide using the App, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident using the App, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

20. INDEMNIFICATION

20.1 You agree to indemnify, defend, and hold harmless the Service, its affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party website providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Service, or any violation by you of this Agreement.

20.2 Your indemnification obligation includes, without limitation, any claim resulting from a breach of these Terms, a claim that the Service, or any part thereof, infringes or violates any proprietary right of any third party, and any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users, and infringement of intellectual property or other rights

21. DISPUTE RESOLUTION

21.1 Formal Proceedings: Unless both you and we agree otherwise in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If a dispute is not resolved through informal resolution, either party may initiate formal proceedings.

21.2 Arbitration: In case of formal proceedings, the dispute will be submitted to final and binding arbitration pursuant to the rules of the American Arbitration Association (AAA). The AAA rules will govern payment of all arbitration fees. We will provide notice of arbitration to you at the contact information provided in these Terms of Service.

21.3 Court Relief: This dispute resolution provision does not preclude you from seeking relief in a court of competent jurisdiction for violations of intellectual property rights or injunctions based on other claims under applicable law.

21.4 Provisional Remedies: The agreement to arbitrate will not preclude you or the Service from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction.

21.5 Temporary Relief: This agreement to arbitrate will not preclude you or the Service from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

22. MODIFICATION OF TERMS OF USE

22.1 We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. 

22.2 Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. 

22.3 Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

23. GENERAL TERMS

23.1 If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. 

23.2 Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

23.3 You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23.4 These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Deleware, without regard to conflict of law provisions.

23.5 We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

24. User Content Ownership and Use

24.1 User Content: "User Content" refers to all information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the users on or through the Service.

24.2 Ownership: Users retain all rights to the User Content they submit, post, or display on or through the Service. By providing User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed).

24.3 User Responsibility: You are solely responsible for your User Content and the consequences of posting or publishing it. You affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms.

24.4 User Content Use: We may use your User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sublicensable, and transferable rights to use your User Content for any purpose. Please remember that you are responsible for your User Content.