Usage Rights –
1. The Submitter in submitting their website, hereby grants Jimdo, a worldwide, non exclusive, royalty-free, temporally and spatially unrestricted license to use, reproduce, perform, display, archive, transmit and distribute the submitted Content (including any trademarks, trade names and logos in the Content) in electronic form, either on "www.jimdo.com" or on any and all Jimdo social media channels and other web pages belonging to the Jimdo GmbH.
2. The Submitter also agrees that the image of the submitted Content (i.e. the website) may be subject to editorial adjustments by Jimdo, in particular, the size may be adjusted. Jimdo reserves the right at its sole discretion, not to post images or representations of the submitted website, or to publish them in modified form only, provided that this does not drastically distort the perception of the submitted website. The Submitter is not entitled to publication by Jimdo.
3. The copyright and all other rights of use remain with the Submitter. The Submitter represents and warrants to Jimdo that (a)the Content is their original work or that they have the demonstrable right to grant a license for the further publication of the work, (b) that Jimdo will not need to obtain any other license from a third party to use the Content as contemplated in this Agreement; (c) the Content or its use does not violate any right of publicity or privacy; and (d) the Content or its use does not infringe any patent, copyright, trademark or other intellectual property right of a third party or misappropriate any third party trade secret, nor does it violate any of the Jimdo Terms of Service.
4. The Submitter agrees to indemnify, defend and hold Jimdo harmless from and against any and all liabilities, damages, loss, demands, fees, expenses, fines, penalties and costs (including without limitation reasonable attorneys' fees, costs and disbursements) incurred as a result of any breach of the warranties of Section 3.
5. This Agreement is valid upon submission of the website by the Submitter. Both the Submitter and Jimdo shall have the right to terminate this Agreement without cause upon fourteen (14) days prior written notice (e.g. via email to email@example.com). Either party shall have the right to immediately terminate this Agreement for breach by the other party if such breach is not cured without undue delay upon written notice to the other party of such breach.
6. The Submitter and Jimdo agree that the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of Jimdo, Hamburg Germany. If individual points of this Agreement should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining points. This Agreement expresses the complete understanding of the Parties (Jimdo and the Submitter) with respect to the subject matter and supersedes all prior representations and understandings.
Jimdo GmbH (Jimdo)