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Terms Of Service

Last Updated: June 25, 2008

JibJab Media Inc. ("JibJab") is a Delaware corporation that: (i) creates, produces and distributes entertainment content (as used herein, "content" shall include, without limitation, audio, visual, audiovisual, text and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise); (ii) offers users the opportunity to participate in community media applications by submitting (e.g., "uploading") content wholly- owned and/or controlled by such users (the "User Materials," as further defined below) to the JibJab.com website or any successor(s) thereto and/or assigns thereof (the "JibJab Site(s)") so that such User Materials can be distributed to the general public via the JibJab Sites and any licensees or sublicensees thereof; and (iii) offers social networking services that allow registered members to create unique personal profiles online in order to find and communicate with old and new friends (collectively, the "Services").

These Terms of Service (this "Agreement") set forth certain terms and conditions of the legal contract between you ("User") and JibJab with respect to User’s use of the Services, whether as a registered member ("Member") or unregistered visitor. If User makes any purchases on or through the JibJab Site(s), User agrees to be also bound by the JibJab Terms of Sale (“Terms of Sale”) (click here).

1. TERM/FEES:

This Agreement shall remain in full force and effect while User uses the JibJab Site(s), the Services, and/or is a Member. User may terminate his/her membership at any time, for any reason by following the instructions on the member Account page. JibJab may terminate your membership at any time, for any reason, effective immediately upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to JibJab. If JibJab terminates User's Membership in the Service due to a breach of this Agreement, User shall not be entitled to the refund of any unused portion of subscription fees (if any). Even after membership is terminated, this Agreement will remain in full force and effect, as the terms hereof are not conditioned upon membership, provided, however, that User Materials submitted by you as part of JibJab's social networking service will no longer be accessible on the JibJab Sites by other Members once you have cancelled your account. Notwithstanding the foregoing, User acknowledges that once User Materials are integrated into a JibJab production (e.g., photos, audio files or videos integrated within an animation, promotion, video or any JibJab production, regardless of media format) the license terms for such materials, as detailed in Section 6 of this Agreement, shall extend in perpetuity. By using the Service and/or by becoming a Member, User acknowledges that JibJab reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement. JibJab's subscription fees at registration (if any) may change from time to time.

2. ELIGIBILITY:

Membership in the Service is void where prohibited. By using the JibJab Services, User represents and warrants that all registration information submitted is truthful and accurate and Users agrees to maintain the accuracy of such information. User further represents and warrants that User is 14 years of age or older and that User's use of the Services shall not violate any applicable law or regulation. Users profile may be deleted without warning, if it is found that User is misrepresenting his/her age or any other membership data. Membership is solely for personal use, and User shall not authorize others to use his/her account, including profile or email address. User is solely responsible for all content (including, without limitation, User Materials) published or displayed through User's account or otherwise on the JibJab sites, including any email messages, and for User's interactions with other members.

3. USER CONDUCT:

User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (a) violate any applicable law or regulation, (b) submit any materials prohibited under Section 12(f) of this Agreement, (c) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights, (d) use the content and information available through JibJab's Service for any unauthorized purpose, (e) interfere with or damage JibJab's Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) use JibJab's Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing, (g) use JibJab's Service in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements, (h) "stalk" or harass any other user of JibJab's Service, (i) collect or store any information about any other user other than in the course of the permitted use of JibJab's Service, (j) use JibJab's Service for any commercial purpose whatsoever (including, without limitation, to advertise, market, promote, sell or otherwise exploit any product or service), (k) sell or otherwise transfer any User information (e.g., user profiles) or other user's User Materials); or (l) assist any third party in doing any of the foregoing.

User is solely responsible for User's interactions with other users of JibJab's Service. JibJab will not be responsible for any damage or harm resulting from User's interactions with other users of JibJab's Service. JibJab reserves the right, but shall have no obligation, to monitor interactions between User and other users of JibJab's Service and take any action in good faith to restrict access to or the availability of any material that JibJab or another user of JibJab's Service may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

User's JibJab member profile may not include the following items: telephone numbers, street addresses, last names, and any photographs may not contain nudity, violence, or offensive subject matter. Information provided by other JibJab Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and JibJab assumes no responsibility or liability for this material.

4. PRIVACY:

JibJab's Service is designed to allow users to post content (e.g., photographs and information about themselves) for public review and comment, both in public forums and with private messaging. Accordingly, by submitting User Materials and/or any personal information to the JibJab Site(s), User thereby waives any and all privacy expectations (including the privacy expectations of any other individual who appears in the User Materials or otherwise) with respect to JibJab's use of the User Materials. If User chooses not to have his/her content, picture, video, or any other profile information about themselves viewable by a global audience, User should not use JibJab's Service.

JibJab may collect certain personal information from User that is not displayed on the JibJab Site(s). Please click here to view JibJab’s Privacy Policy concerning such personal information (the “Privacy Policy”).

5. OWNERSHIP:

User shall at all times retain all right, title and interest in and to the User Materials provided by User hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to JibJab under this Agreement. User is free to grant similar rights to others during and after the Term of this Agreement. For the avoidance of doubt, when User submits User Materials to the JibJab Site(s), User acknowledges that third parties may use the User Materials as described herein. User acknowledges and agrees that JibJab is, and shall at all times remain, the sole and exclusive owner of all right, title and interest (including, without limitation, copyright), in and to the JibJab Sites and Services, and that User's right to use the JibJab Sites and Services, as set forth herein, shall not in any way transfer or convey any ownership rights or other proprietary interests therein to User.

6. LICENSE:

Unless otherwise agreed between User and JibJab in a writing signed by both parties, User hereby grants to JibJab a worldwide, royalty-free, non-exclusive license to do the following things in perpetuity:

  1. to prepare and encode User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
  2. to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to JibJab hereunder include the rights to make User Materials available on JibJab Site(s), third-party websites and electronic devices);
  3. to modify, adapt, change or otherwise alter and create derivative works of the User Materials and use the User Materials as described in Section 6(b); and
  4. to license and/or sublicense to any third party any of the foregoing rights in the User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement.
  5. User hereby disclaims any and all right, title, or interest in any and all material with which User Materials may be combined or into which all or any portion of User Materials may be incorporated. As used in this Agreement, the term "User Materials" means User's content, photographs, videos, audio, comments, written work, name(s), trademarks, trade names, likenesses, biographical materials, artwork, liner notes, and other graphical or textual materials that User uploads, submits or otherwise provides to JibJab, and any and all computer-generated images or other artwork or images that User submits to JibJab. User acknowledges and agrees that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for JibJab incorporating all or any portion of the User Materials shall be exclusively owned and controlled by JibJab.

7. NAME AND LIKENESS:

User hereby grants to JibJab

  1. a perpetual, worldwide, royalty-free, non-exclusive license to use: (i) User's name(s), photograph and/or likeness(es) and biographical materials; and (ii) any other individual's name, photograph and/or likeness and biographical materials, where such other individual appears in the User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of the User Materials, as described hereunder, during the Term.
  2. User also agrees not to assert any privacy, publicity, moral or similar rights held by User (and to the extent any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the User Materials, User represents and warrants that it has obtained all necessary consents from such third parties consistent with the full scope of rights granted to JibJab pursuant to this Agreement, and User agrees that such persons shall not assert of any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

8. THIRD PARTY CONTENT:

The JibJab Site(s) may contain content from third parties ("Third Party Content"), either via the JibJab Service(s) or through links to third party web sites. JibJab does not control Third Party Content and makes no representations or warranties about it. User understands that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will JibJab be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the JibJab Service. User agrees to evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

9. PROPRIETARY RIGHTS:

User agrees that all content and materials available on the JibJab Site(s) are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by JibJab, User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the JibJab Site(s), or otherwise use any content, copyrights, trademarks or intellectual property of JibJab in any way without JibJab's prior, written consent. User also agree not to retrieve data or other content or any materials from the JibJab Site(s) to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use any of JibJab's content, names or trademarks as metatags on other web sites. User agrees not to display any of the JibJab Site(s) in a frame (or any of our content via in-line links) without JibJab's express written permission.

10. USERNAME AND PASSWORD:

User will select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and will be solely and fully responsible for all activities that occur under using that username and password to access the JibJab Site(s). User agrees to: (a) immediately notify JibJab of any unauthorized use of User's username and password or any other breach of security and (b) log off from account at the end of each session. JibJab cannot and will not be liable for any loss or damage arising from User's failure to comply with this Section 11.

11. REPRESENTATIONS AND WARRANTIES:

User represents and warrants that:

  1. User has the full right and power to enter into and perform this Agreement and to grant JibJab all rights to use the User Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 6 and 8,
  2. User exclusively owns and/or controls all right, title and interest (including, without limitation, copyright) in and to the User Materials, and has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for User to enter into and perform this Agreement and to grant JibJab all rights to use the User Materials as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into the User Materials),
  3. the User Materials (and JibJab's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
  4. all information that User has provided or will provide to JibJab is true and complete,
  5. the User Materials do not and will not violate any law, statute, ordinance or regulation,
  6. the User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening, (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (iv) exploit images or the likeness of any individual other than User (except where User has obtained express permission from such other individual(s) for such exploitation), (v) encourage or otherwise depict glamorized drug use, (vi) make use of offensive language or images, (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable, (viii) contain any personal contact information of User or any other individual, (ix) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without JibJab's prior written consent.
  7. the User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of JibJab or any third party.

12. MEMBER DISPUTES:

You are solely responsible for your interactions with other JibJab Members. JibJab reserves the right, but has no obligation, to monitor disputes between you and other Members.

13. THIRD PARTY PAYMENTS:

User shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the User Materials (including, without limitation, any such obligations that may arise from JibJab's use of such User Materials as authorized herein).

14. INDEMNITY:

User agrees to defend, indemnify, reimburse and hold JibJab and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:

  1. User's use of the JibJab Site(s);
  2. JibJab's use of the User Materials;
  3. any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
  4. User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.

15. JIBJAB'S PERFORMANCE:

User acknowledges and agrees that the operation of the JibJab Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and JibJab shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the JibJab service. There are no assurances whatsoever that any of the User Materials or any part or element thereof shall actually be utilized on the JibJab Site or if so utilized continue to be available for any particular time. JibJab has the right, in JibJab's sole and absolute discretion, to remove from the JibJab Site(s) at any time the User Materials or any part thereof and/or to revoke any sublicense granted by JibJab to any affiliate or unaffiliated third party. Notwithstanding the foregoing, JibJab does not control the content of the User Materials and does not have any obligation to monitor such content for any purpose. User acknowledges that User is solely responsible for all content submitted to the JibJab Site(s). The JibJab Site(s) may be discontinued at any time, with or without reason and without any liability to User or to any third party for any modification or discontinuance of Service.

16. NO WARRANTY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JIBJAB DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

  1. UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE JIBJAB SITE(S), AND
  2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE JIBJAB SITE AND ANY SERVICES PROVIDED BY JIBJAB HEREUNDER. IN ADDITION, ALTHOUGH JIBJAB INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE JIBJAB SITE(S), AND WHETHER OR NOT JIBJAB IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, JIBJAB DOES NOT WARRANT THAT THE JIBJAB SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE JIBJAB SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

17. NO LIABILITY FOR THIRD PARTY USE:

JIBJAB DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE JIBJAB WEBSITE BY THE USER PURSUANT TO THE TERMS OF THIS AGREEMENT. USER SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF USER MATERIALS BY A THIRD-PARTY, AND NOT FROM JIBJAB. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS USER MATERIALS FROM JIBJAB (WHETHER OR NOT WITH JIBJAB'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, USER WILL SEEK REDRESS FROM THE OTHER PERSON AND NOT FROM JIBJAB, AND THAT USER WILL NOT HOLD JIBJAB RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

18. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL JIBJAB, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT JIBJAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE JIBJAB SITE(S) AND/OR THE SERVICES. IN NO EVENT SHALL JIBJAB'S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY JIBJAB). THE PARTIES ACKNOWLEDGE AND AGREE THAT JIBJAB HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND JIBJAB, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

19. COPYRIGHT AND TRADEMARK NOTICES:

User acknowledges and agrees that JibJab, the JibJab logos and characters, and the layout and design of the JibJab Site(s), among other marks that may appear on the JibJab Site(s) are trademarks of JibJab Media Inc. (the "JibJab Marks"). Other trademarks and service marks on the JibJab Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the JibJab Marks without JibJab's prior written permission, and User may not use any third-party marks without the third party's prior written permission.

20. EXPORT CONTROLS:

Software from the JibJab Site(s) (the "Software") is further subject to United States export controls. No Software may be downloaded from the JibJab Site(s) or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

21. GOVERNING LAW, JURISDICTION:

THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE LOS ANGELES COUNTY, CALIFORNIA, AND USER AND JIBJAB BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

22. ASSIGNMENT:

JibJab shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under this Agreement without the prior written consent of JibJab.

23. NOTICES:

All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to JibJab Media Inc., POBox 5356, 90409-5356, ATTN: Legal Department. Communications shall be deemed received:

  • for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt;
  • for Communications sent by personal delivery, on the date of personal delivery; and
  • for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.

No other form of notice shall be accepted under this Agreement.

24. ENTIRE AGREEMENT:

This Agreement, together with the Terms of Sale and the Privacy Policy, sets forth the entire understanding and agreement of User and JibJab as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. JibJab's failure to act with respect to a breach by you or others does not waive JibJab's right to act with respect to antecedent, subsequent or similar breaches.

25. STATUTE OF LIMITATIONS:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

26. MODIFICATION:

JibJab reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, JibJab will post the changes on the JibJab Site(s) and/or notify User via email. Also, JibJab may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use the JibJab Site(s) and Services after such notice and consent, User agrees to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of User Materials.