If you select Curate Bee Campaigns Free or Curate Bee Campaigns Pro, the following Additional Terms apply to your access to and use of such Services:
10.1 Additional Definitions.
“Campaigns” means campaigns created by you or your Authorized Users, including contests, sweepstakes, galleries, and other market data gathering activities on Supported Platforms, via the Curate Bee Campaigns Platform.
“Campaign Page” means a webpage for a particular Campaign that may display or publish Customer Content, Mentions, and/or Submitted Content.
“Campaign Participant” means a person who participates in a Campaign.
“Curate Bee Campaigns Platform” means Curate Bee’s proprietary software, content, text, images, media, and other materials delivered through Curate Bee’s web platform campaigns. Curate Bee.com (including successor domain names and sites) and mobile applications that enable you and your Authorized Users to create and manage Campaigns, including any modifications or Updates.
“Submitted Content” means all information (including personal information) and data or any other content in any media and format provided or made available to you by Campaign Participants.
10.3 Submitted Content.
You shall be solely responsible for the means by which you acquire or generate Submitted Content. You understand that, by using the Services, you may be exposed to Submitted Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate. Unless you create the content of the Submitted Content, Submitted Content shall not be considered “Customer Content” under any circumstances. Curate Bee has no obligation to preview, verify, flag, modify, filter, or remove any Submitted Content, even if requested to do so, although Curate Bee may do so in its sole discretion. Your use of Submitted Content is at your sole risk, and Curate Bee shall not be liable to you or any third party, including any Campaign Participant, in relation to Submitted Content.
To the extent Submitted Content is accepted for a Campaign, you shall (i) require each Campaign Participant to be responsible for its own Submitted Content and the consequences of posting or publishing such Submitted Content; and (ii) require each Campaign Participant to affirm, represent, and warrant that such Campaign Participant (a) owns or has the necessary licenses, rights, consents, and permissions to use and authorize you and Curate Bee to use all intellectual property rights in and to its Submitted Content and (b) has the written consent, release, and/or permission of each and every identifiable individual person in its Submitted Content to use the name and likeness of every such person, in order to enable inclusion and use of the Submitted Content in the manner contemplated by the Campaign and applicable official rules and on the Campaign Page.
10.4 Responsibility for Campaigns and Submitted Content.
10.5 Your Additional Indemnification.
You shall defend, indemnify, and hold harmless Curate Bee, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys’ fees, of any kind or nature which are in connection with or arising out of a claim (a) alleging that any Campaign or Submitted Content infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable law; or (b) relating to, or arising from, (i) any Campaign or Submitted Content, or entries to or from a Campaign or a Campaign Page or (ii) your breach of your obligations, representations, or warranties in Section 10.2 or 10.3 above.