By posting, distributing, sending, displaying or otherwise submitting any comment, message (including, without limitation, by email or text message), feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics or other content to or through the Site (the “User-Generated Content”), you: (A) grant, and represent and warrant that you have the right to grant, to Helzberg Diamonds an exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised; (B) grant Helzberg Diamonds and its affiliates, transferees and sublicensees the right to use the name that you submit in connection with such User-Generated Content in all media in which the User-Generated Content can be used in accordance with these Terms and Conditions; (C) represent and warrant that (i) you solely own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site upon the terms described herein; (ii) such User Generated Content is accurate and not misleading; and (iii) the submission, use and posting or other transmission of such User-Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary right; and (D) agree that Helzberg Diamonds is under no obligation to offer you any payment for the use of the User-Generated Content or to attribute authorship of User-Generated Content to you. You further grant Helzberg Diamonds the right to pursue at law any person or entity that violates your or Helzberg Diamonds’ rights in the User-Generated Content by a breach of these Terms and Conditions.

User-Generated Content you submit to or through the Site is deemed non-confidential and non-proprietary information, and Helzberg Diamonds is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Without limiting the foregoing, Helzberg Diamonds reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting User Generate Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User-Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion or exploitation of the User-Generated Content by Helzberg Diamonds or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; and (D) you release Helzberg Diamonds from any claims that you could otherwise assert against Helzberg Diamonds by virtue of any moral rights. Further, you hereby release Helzberg Diamonds and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Helzberg Diamonds or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality or exploitation of your name.