USER CONTENT SUBMISSIONS

Please read this User Content Submission Agreement carefully because it is a part of the

Terms of Use Agreement and represents your legally binding agreement with us

(”Submission Agreement“) regarding your submission (and our display and distribution)

of content to the Site via certain technology, functionality and/or features we make

available to you so you can upload and post such content for display via the Site

(collectively, the “User Content Submission Features“), and this Submission

Agreement applies regardless of what type of Device you use to submit content to the

Site. Unless defined separately, terms used in this Submission Agreement are defined in

our Terms of Use Agreement.

When you submit User Content, or by using or attempting to use the User Content

Submission Features, you are signifying your agreement with and acceptance of all terms

and conditions of this Submission Agreement as well as the terms and conditions

contained in the Terms of Use Agreement that govern your legal and contractual

relationship with TheCostMag.com.

We have the right to change the terms and conditions of this Submission Agreement at

any time. If you do not agree with all the terms and conditions of this Submission Agreement at any time, including, without

limitation, those times when we make changes, do not use, do not attempt to use, and

Immediately discontinue your use of, the User Content Submission Features, because if

you do any of these things you are agreeing to be bound by all of the terms and

conditions of this Submission Agreement, including, without limitation, any changes we

have made.

IMPORTANT NOTE: You must meet the Age and Other Eligibility Requirements in

Section 2 of this Submission Agreement and each and every time you submit or attempt

to submit User Content, among other things, you will be asked to confirm your

compliance.

1. Submitting User Content.

The term “User Content” means and refers to any and all content, media and materials

you submit for posting on the Site using the User Content Submission Features,

including, without limitation, still photographs, writings, spoken statements, music,

audio, video, video recordings, audio-visual works and recordings, slides, portraits,

animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound

recordings, voices, voice reproductions, computer graphics and visual effects, as well as

any accompanying documentation, packaging or other materials, tangible or intangible,

and to all derivative works, translations, adaptations or variations of same, regardless of

the tangible medium, broadcast medium, format or form, now known or hereinafter

developed or discovered, and regardless of where produced, on location, in a studio or

elsewhere, in black-and-white or in color, alone or in conjunction with other work,

characters, real or imaginary, in any part of the world.

Each time you upload or submit User Content (or if you attempt to do so) you will be

confirming your acceptance of, and agreement to be bound by, all the terms and

conditions of this Submission Agreement.

To be considered for posting

and display to the public, User Content must meet all the specifications and requirements

relating to formatting, compatibility, operating characteristics and submission which can

also be found on the Site’s web page for the upload of User Content. In order to submit

User Content, you will also need to meet our Age Requirements (see Section 2 below).

When you submit User Content you may also be asked to provide some information

about you and your submission. This may include, without limitation, such things as a

descriptive title, some information about the User Content, length, your location and/or

similar information. By submitting User Content, you are also agreeing and you

understand that the term “User Content” also includes, without limitation, and refers to

all of the information you submit or we may receive that is related to your submission.

Always keep a copy of anything you send because we are not responsible for lost,

damaged, misdirected, unusable or unreadable User Content. Proof that you submitted

User Content does not constitute proof that we received anything.

2. Age and Other Eligibility Requirements.

By submitting User Content pursuant to the terms and conditions of this Submission

Agreement you are certifying that you satisfy the age and other eligibility requirements

set forth in the Terms of Use Agreement.

3. User Content Standards; Unauthorized Content.

You are solely responsible and liable for your communications and submissions (and the

consequences) made under your name, user name and email address

if any. User Content does not reflect the views of

TheCostMag.com, and neither TheCostMag.com, nor any of the Parent Companies or the Affiliates, represents or

guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or

supports any opinions expressed in any User Content. In no event shall TheCostMag.com, the Parent

Companies or the Affiliates have or be construed to have any responsibility or liability

for or in connection with any User Content. If we determine, in our sole discretion, you

have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or

any User Content you submit violates this Submission Agreement, we reserve the right,

at any time, without notice and without limiting any and all other rights we may have

under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit

further User Content, (b) remove and delete your User Content, (c) revoke your

registration and right to use the User Content Submission Features and (d) use any

technological, legal, operational or other means available to enforce the terms of this

Submission Agreement, including, without limitation, blocking specific IP addresses or

deactivating your registration, access using your e-mail address, your user name and

password.

We make no claim the User Content Submission Features or any User Content are

appropriate for any particular purpose or audience, or that any video, software or our

User Content Submission Features may be accessed, used or downloaded outside of the

United States, which may not be legal for certain persons or in certain countries and you

do so at your own risk. You are responsible for compliance with the laws of your

jurisdiction. The United States controls the export of products and information and you

agree to comply with such restrictions and not to export or re-export any User Content

including videos, information, software, materials, products or services to countries or

persons prohibited under the export control laws and regulations.

You agree you will not submit or attempt to submit, and we have the right to reject,

refuse to accept, remove or otherwise handle as TheCostMag.com deems appropriate, any

Unauthorized Content” which is defined as any User Content that is or could be

construed as violating any of the terms and conditions of this Submission Agreement,

and/or any of the terms and conditions set forth in our Terms of Use Agreement,

including, without limitation:

  • • infringing on a third party’s copyright or other intellectual property rights;
  • • causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or

otherwise impair others from using or enjoying the Site;

  • • unauthorized access to the User Content Submission Features or information of

other users;

  • • the modification, impairment, disruption, alteration or interference with the use,

features, functions, operation or maintenance of the User Content Submission

Features; or

  • • any requirements, rules, terms or conditions that may be applicable to the User

Content Submission Features.

Neither TheCostMag.com nor the Parent Companies or the Affiliates control any User Content

submitted, although we may use both automated and manual means of reviewing User

Content in order to prevent Unauthorized Content from appearing and being displayed on

our Site. TheCostMag.com reserves the right to review any submitted User Content and to delete,

remove, move, edit or reject, without notice to you, any User Content that we deem, in

our sole discretion, abusive, defamatory, obscene, pornographic, in violation of

copyright, trademark or other intellectual property rights, to be in violation of this

Submission Agreement or to be unacceptable to TheCostMag.com or the Parent Companies or

Affiliates, for any reason or for no reason whatsoever; provided, however, that TheCostMag.com, the

Parent Companies and the Affiliates shall have no obligation or liability to you for failure

to do so or for doing so in any particular manner. If TheCostMag.com receives notice of any claim of

infringement that satisfies specific legal requirements, such as notice and takedown

requirements under U.S. copyright law (see Section 4 below), we may remove User

Content associated with such claim. TheCostMag.com reserves the right to provide information to law

enforcement officials, governmental agencies and pursuant to judicial or regulatory

compulsion, to protect their respective interests, the Site or to comply with legal,

regulatory, audit and compliance obligations.

4. Copyright Infringement.

If you believe any User Content violates the copyright of any other party, you can notify

us by using our contact form.

5. Rights Granted to TheCostMag.com.

In connection with all User Content you submit, you grant to TheCostMag.com, the Parent Companies and the Affiliates, the unqualified,

unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free

right, license, authorization and permission, in any form or format, on or through any

media or medium and with any technology or devices now known or hereafter developed

or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce,

distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare

derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of

your User Content on the Site

9. Disclaimers and Limitation of Liability.

THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED “AS IS” WITH

NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF

THE USER CONTENT SUBMISSION IS AT YOUR OWN RISK. YOU

ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE

REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION

AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR

LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER

CONTENT SUBMISSION FEATURES. THECOSTMAG.COM AND THE PARENT COMPANIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE

AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE

OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL,

SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE

AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR

SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT

THE USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM

IN ANY PARTICULAR MANNER.

THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED

ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF

THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED

OR PROHIBITED BY LAW OR REGULATION. THECOSTMAG.COM AND THE PARENT

COMPANIES DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY

AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT

OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY

JURISDICTION OR COUNTRY. THECOSTMAG.COM AND THE PARENT COMPANIES

EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES,

WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR

PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER

FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE

BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF

THE POSSIBILITY OF DAMAGES.

The Terms of Use Agreement, incorporating this Submission Agreement, is the entire

agreement between you and us relating to User Content and your use of the User Content

Submission Features and supersedes any prior or inconsistent agreements. TheCostMag.com may

terminate this Submission Agreement with you and your right to use the User Content

Submission Features at any time without notice to you.