Lumen5

The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.

“Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Vancouver, British Columbia, Canada. Any judgment on the award by the arbitrator may be entered in a court having jurisdiction thereof. You agree that any claim, action or proceeding arising out of or related to these Terms of...”

The clause includes sublicensable, transferable, or assignable rights.

“Subject to your complete and ongoing compliance with these Terms, Lumen5 grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.”

The clause grants a broad content license.

“User Content you provide to the Service will be restricted to your account and will not be shared to other Users of the Service except as requested by you. If you request User Content to be made available to other Users of the Service, you grant those Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.”

The clause appears to reserve or claim ownership rights for the platform.

“You are responsible for your use of the Service, and you will defend and indemnify Lumen5 and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ **Lumen5 Entities**”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your...”

The clause affirms user ownership or retention of rights.

“Certain features of the Service may permit users to upload content to the Service, including videos, photographs, graphics, music tracks, text, icons, and other types of works (“ **User Content**”) and to publish User Content on the Service. **You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.** _Nevertheless, we need certain permission from yo...”

Latest stance: third party or vendor sharing on privacy data use

“We may share Personal Information with our headquarters and affiliates, and business partners to whom it is reasonably necessary or desirable for us to disclose your data for the purposes described in this Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Service.”

Latest stance: third party or vendor sharing on privacy data use

“We may also collect your contact details when you provide them in the context of our customer, vendor, and partner relationships.”

Latest stance: third party or vendor sharing on privacy data use

“Lumen5 may allow you to connect a Facebook page or profile to your Lumen5 account, in which case we will access certain information from Facebook regarding your account. In particular, we may collect profile image, display name, username / page ID or profile ID, access tokens, and sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by Lumen5 to provide you with the Service you expect and will not be shared with any third parties.”

Latest stance: third party or vendor sharing on subprocessors data sharing

“Our primary purpose for using information collected from connected third party social media platforms is to publish your videos on those platforms and allow you to track metrics for analytical purposes. We may allow you to link your account on Lumen5 with an account on a third party social network platform, such as YouTube or Facebook, and to transfer your information to and from the applicable third party platform. Once you share your content to a social media platform, its use will be governed by that platform’s privacy policy.”

Latest stance: third party or vendor sharing on privacy data use

“We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.”

Latest stance: sale or sell on privacy data use

“Lumen5 may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.”

Latest stance: liability limited on indemnity liability

“Lumen5 disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:”

Latest stance: liability limited on indemnity liability

“EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.”