5. User Content

• 5.1 User Content. “User Content” means any and all information and content that a user, including you, submits to, or uses with, the Site, including, without limitation, survey answers, job descriptions, reviews, comments, pictures (in any medium), statements, ideas, questions, or other content provided in a profile or posted on or through the Site. You are solely responsible for your User Content. You assume all risks associated with using your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that all User Content you submit to the Site or us is accurate, truthful, and non-deceptive and that all User Content has evidence to support the claims made. You further represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by TRIPA. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. TRIPA is not obligated to backup any User Content, and your User Content may be deleted at any 4859-0347-4754 v.1 075264/00001, 11:06 AM, 12/07/2022 Page 2 time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
• 5.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to TRIPA an irrevocable, perpetual, nonexclusive, royalty-free, sub-licensable, and fully paid, worldwide, enterprise-wide license to access, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
• 5.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
  • (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is fraudulent, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, any act(s) that would constitute a criminal offense or give rise to civil liability, physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, rule, or regulation or obligations or restrictions imposed by any third party, including, without limitation, any confidentiality or non-disclosure agreement.
  • (b) In addition, you agree not to or use the Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content through the Site that may: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software, computer code, files, or programs intended to damage, interrupt, destroy, or otherwise alter a computer system, software, hardware or
    data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use any robot, spider, scraper, or any other automatic or manual means to harvest, collect, gather or assemble information or data on the Site (except as strictly set forth in (vii) below); (iv) disable, impair, disrupt, overburden or otherwise interfere with the Site or any hardware, software, servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through hacking, password mining, or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site; (vii) decompile, reverse engineer, disassemble, derive the source code of or decrypts the Site or server hosting the Site; (viii) manipulate or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage located www.ecomadic.com; (ix) remove, obscure, or alters any proprietary notices (including any notice of copyright or trademark) of the Tripa or its affiliates, partners, suppliers or the licensors; (x) modifies, adapts, improves, enhances or makes any derivative work from the Site; (xi) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (xii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; or (xiii) accesses systems, data or information not intended by us to be made accessible to you.
• 5.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, monitor your use of the Site, and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 17, and/or reporting you to law enforcement authorities. 4859-0347-4754 v.1 075264/00001, 11:06 AM, 12/07/2022 Page 3
• 5.5 Feedback. If you provide TRIPA with any reviews, feedback, or suggestions regarding the Site (“Feedback”), you hereby assign to TRIPA all rights in such Feedback and agree that TRIPA shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. TRIPA will treat any Feedback you provide to TRIPA as non-confidential and non-proprietary. You agree that you will not submit to TRIPA any information or ideas that you consider to be confidential or proprietary. You may not use any fake e-mail address, impersonate any other person or entity, or otherwise mislead as to the origin of the Feedback. You represent and warrant that all Feedback that you submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements.