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Current TV Submission Policy

The following was taken verbatim from the Current.TV website:

 

For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, the undersigned ("I," "me," or "my" whether such party is an individual or an entity) is submitting certain concepts, ideas, communications and/or materials ("Submission") for the benefit of Current TV, LLC ("Current"), upon the following express understandings and conditions. (If I am submitting materials in connection with a contest or promotion, defined terms will have the meaning set forth in the applicable Official Rules, which are incorporated by reference, unless otherwise noted.)

  

1. Submission Guidelines. The Guidelines that are posted on www.current.tv (and applicable Official Rules, if I am entering a contest), which I represent and warrant I have read, understand and will follow are incorporated herein by reference.

  

2. Grant of Internet Rights and Reserved Ownership.

(a) In consideration of Current's evaluation of my Submission, I hereby grant to Current the exclusive, royalty-free perpetual right to exhibit, display and otherwise distribute my Submission via Current's web site for a period of three (3) months from the date on which I upload my Submission to the Current web site (the "Internet Rights").

(b) I further grant to Current an option to acquire the exclusive right to broadcast, exhibit or otherwise distribute my Submission in all media throughout the world in perpetuity (the "Option"). I acknowledge that Current may exercise the Option by notifying me at any time within three (3) months of the date I upload my Submission on Current's web site (the "Option Period") I further acknowledge that during the Option Period, I will not exploit and I will not authorize any other person to exploit my Submission in any commercial medium without Current's prior written consent.

(c) In the event that Current does NOT exercise the Option during the Option Period, then I may elect to remove my Submission from Current's web site, in which case the Internet Rights shall revert to me and Current shall have no right to exhibit my Submission on the Internet. I recognize that if I do not remove my Submission from Current's web site, I shall be deemed to have granted to Current a nonexclusive license to exercise the Internet Rights.

  

3. Grant of Rights in Other Media; Option Fee.

(a) In the event that Current DOES exercise the Option, then Current will pay me an Option Exercise Fee as follows:

(1)For my first Submission optioned by Current: $250

(2)For my second Submission optioned by Current: $500

(3)For my third Submission optioned by Current: $500

(4)For my fourth Submission optioned by Current: $750

(5)For my fifth Submission optioned by Current: $750

(6)For my sixth (and any subsequent) Submission(s) optioned by Current: $1,000

 

(b) In consideration of the Option Exercise Fee, I irrevocably grant Current the exclusive, perpetual, royalty-free, fully paid license and right to broadcast, exhibit and/or otherwise distribute the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised. Current, and its successors, assigns and licensees, will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the forgoing, Current will have the right to use the Submission in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. I forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized. I also irrevocably grant Current the right to use my name, voice, likeness and biographical material in or related to the Submission. I acknowledge that except with respect to contest entrants, Current will refrain from using the names of Tennessee residents who do not provide advance consent for purely promotional purposes. I agree not to issue any publicity on behalf of Current, but I am free to make casual and non-derogatory public statements regarding

Current. I am entitled to retain and exercise the rights that are not granted to Current by these Submission Terms, subject to Section 4 below.

 

(c) I acknowledge that if Current elects, in its sole discretion, to exercise the Option, I will be entitled to the Option Exercise Fee only and that I will not be entitled to any further compensation or thing of value relating to Current's use of my Submission or the exercise of its rights. I will have no right of approval or consultation with respect to Current's use of the Submission. I have retained a copy of the Submission, and Current will not be responsible for the return or preservation of the copy I have submitted. Current will have the sole discretion in determining the extent and manner of the use of the Submission and Current is not obligated in any way to use or exploit the same or any rights granted by me, or any portion thereof, in any medium or any manner whatsoever. I further agree that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created

 

(d) Current acknowledges that I own and control the copyright in and to my Submission, subject to the rights I am granting to Current hereunder.

  

4. Related Productions. I irrevocably grant Current the exclusive right to license for exhibition, broadcast and/or other distribution throughout the world any Related Production . A "Related Production" shall be defined as any audio, visual or audiovisual production, produced by any entity other than Current, that embodies any element of a Submission hereunder as to which Current enjoys exclusivity of distribution. Before I offer any rights in a Related Production to any third party, I will give Current written notice thereof and Current will have a thirty (30) day period in which to acquire all such rights on the terms and conditions herein, in consideration of a one-time payment to me of $1,500.

  

5. Rights of First and Last Refusal. I hereby grant Current exclusive rights of first and last refusal to acquire any and all rights in and to the Submission not granted to Current hereunder (the "Retained Rights"). Before I offer the Retained Rights to any third party, I will give Current written notice thereof and Current will have a thirty (30) day period of exclusive negotiation. If an agreement is not reached within such period, Current will thereafter have the rights of last refusal, pursuant to which I will give Current written notice detailing the proposed terms and Current will have thirty (30) days to acquire the same on the same terms. All third party offers will be bona fide. If Current declines, I can enter into a third party agreement only on the exact terms offered to and rejected by Current. Any changed elements or terms result in a new right of last refusal for Current. Notwithstanding the foregoing, I acknowledge that any exploitation by me of the Retained Rights shall be subject to the rights granted to Current hereunder.

  

6. Representations, Warranties and Indemnities. I represent and warrant that: my entire Submission is wholly original to me and that no part is a copy or imitation of any other material; will not infringe or violate any right whatsoever, including, without limitation, any contractual rights, personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person or entity; and is not, and will not be, the subject of any threatened or pending litigation, claim or dispute. I have not granted or transferred any rights in or to the Submission to any third party. I have not done anything which has impaired and will not do anything to impair the rights granted to Current in any way. All persons engaged by me to work on the Submission or appear in the Submission: (1) have no payment claims; (2) have no rights of approval or consultation and no participation rights whatsoever; and (3) are not engaged pursuant to any union or guild agreement that results in any ongoing obligations resulting from the exploitation of the Submission. The use of all master recordings and musical compositions that have been incorporated into the Submission has been authorized in writing by the entities that own or control such master recordings and musical compositions, and that Current shall have no obligation to make any payments to such owners or to any other entity in connection with the distribution of the Submission. I and all parties that performed any services on, or appear in, any aspect of the Submission have signed the Release provided by Current to me or a similar form that establishes the services as a "work-for-hire" and grants the same rights and releases as in the Current Release. I will indemnify and hold harmless Current, its parent, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of my covenants, agreements, obligations, representations or warranties set forth herein.

  

7. Limitations on Liabilities; Remedies. By submitting my Submission, I agree that: (1) any and all disputes, claims and causes of action arising out of or connected with my Submission will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred not to exceed the amount of the Use Fee, but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will I be permitted to obtain any award for, and I knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed the amount of the Use Fee, and/or any and all rights to have damages multiplied or otherwise increased; and (4) my remedies are limited to a claim for money damages (if any) and I irrevocably waive any right to seek injunctive or equitable relief.

  

8. Miscellaneous. These Submission Terms and their performance will be binding on me and my heirs, administrators, successors and assigns. The construction, validity, interpretation and enforceability of the Submission Terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules. I irrevocably agree that, if a dispute arises out of or relates to the Submission Terms or my Submission, such dispute(s) will be resolved solely by binding arbitration before a sole arbitrator in San Francisco, with experience in entertainment law, under the rules and regulations of the American Arbitration Association ("AAA"). The arbitration will be held in San Francisco, California where the arbitrator will issue a written decision and will have the power to award any legal remedies except as limited by these Submission Terms. The parties expressly incorporate into these Submission Terms the terms of California Civil Procedure Section 1283 and 1283.05 pertaining to pre-hearing discovery. Notwithstanding the foregoing, I acknowledge that Current may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Submission Terms; (2) bring an action in court to protect or interpret any of Current's purported intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with jurisdiction. These Submission Terms will not be assignable by me except as approved in writing by Current and any unauthorized, purported assignment will be null and void. Current, and its successors and assigns, will have the unlimited right to assign these Submission Terms and the rights granted at any time, in whole or in part, to any party. I will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Current to further evidence or effectuate Current's rights as set forth in these Submission Terms and I appoint Current as my attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which I fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Current will promptly furnish to me a copy of all such documents that Current executes on my behalf.

Executed as of the date the Submission was submitted online.

  

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Uploaded on August 23, 2005