Terms of Use

Welcome to the website of CURRENT TV, LLC ("Current"). Current provides you with access to our website at current.com and any other websites owned by Current, its parent or any of its affiliates or subsidiaries (collectively, the "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set out below ("Terms of Use"). Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing our Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our Privacy Policy and any other legal notices, guidelines and rules published by Current on the Site from time to time (which are hereby incorporated by reference into these Terms of Use) and constitutes a legally binding contract between you and Current. Current respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by Current, please refer to our Privacy Policy.

1. Registration
   1. You agree to:
      1. Provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and
      2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
      If you provide any information that is untrue, inaccurate, not current or incomplete, or if Current has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Current has the right to suspend or terminate your account and to refuse any and all current or future use of the Site (or any portion thereof), in addition to any other remedies available to Current.
   2. You will create a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
      1. Notify Current immediately of any unauthorised use of your password or account and any other breach of security; and
      2. Ensure that you exit from your account at the end of each session. Current will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
2. Current's Intellectual Property Rights and Limited Licence
   1. All text, graphics, multimedia content or other materials that you see or read on the Site and all related code (the "Materials"), except for Submitted Materials (as defined below), are owned or being used with permission by Current, and may not be used except as provided in these Terms of Use. You may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You may not modify, re-use, re-post or use the Materials for public or commercial purposes, without Current's written permission. Without limiting the foregoing, you agree not to use the Materials for any other use or purpose. You further agree that you will not, and will not attempt to, copy, or distribute the Materials in whole or in part, to any other party, unless specifically permitted by Current or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited licence, revocable at Current's discretion, granted hereunder.
3. Copyright and Trademarks
   1. The Materials embodied on the Site are copyrighted under United Kingdom copyright laws and/or similar laws of other jurisdictions. Without limitation, Current owns a copyright in the Materials including without limitation, the selection, co-ordination, arrangement and enhancement thereof, as well as in the content original to Current.
   2. "Current", Current's logo and as well as other marks that may appear on the Site ("Marks") are the trademarks and service marks of Current. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. You agree not to display or use the Marks in any manner without Current's written permission. In addition, elements of the Site are protected by other intellectual property laws (including, without limitation, the law of passing-off) and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Current.
4. Links and Other Sites
   1. This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Current has no control over such other sites and resources, you acknowledge and agree that Current is not responsible for the accuracy of information provided by or the availability via other sites. Links to external sites do not constitute an endorsement by Current of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Current does not author, edit or monitor these pages or links. You further acknowledge and agree that Current is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
   2. Current hereby grants to you a non-exclusive, limited licence, revocable at Current's discretion, for you to link to Current's home page from any site you own or control that is not commercially competitive to Current and does not criticise or otherwise injure Current, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Current. All of Current's rights and remedies are expressly reserved.
5. Infringement Complaints
   1. Current respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Current directly makes available on the Site, and we ask our users to do the same. Current may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material posted by Current, our users or any other party, is infringing, please contact Current at the following address below. Pursuant to the Digital Millennium Copyright Act, Current has a designated agent to receive copyright infringement claims.
   2. You may notify Current of alleged intellectual property rights infringement by contacting our registered DMCA Agent at:
      
      Current TV, LLC
      118 King Street
      San Francisco, CA
      94107
      
      Email: privacy@current.tv
      
      DO NOT SEND ANY ENQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS, OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTTERS TO THAT CONTACT. All other correspondence should be sent to info@uk.current.com.
   3. If your notification relates to an alleged infringement of rights, please include the following information in your notice:
      1. Identification of the copyright work(s) or other proprietary material or rights claimed to have been infringed and a statement of ownership to such work;
      2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      3. Information reasonably sufficient to permit us to contact you, such as your full name and address, telephone number and email address at which you may be contacted;
      4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
      5. A statement, under penalty of perjury, that the information in the notification is true and accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
      6. Your physical or electronic signature.
6. User conduct and submissions
   1. Any material that you submit to the Site including, without limitation, content, information, comments, blogs, vlogs, ideas, suggestions or other materials ("Submitted Materials") shall be subject to the applicable terms, and conditions set forth herein. You hereby agree that any communication or Submitted Materials you do transmit to us by electronic mail or otherwise will be treated as non-confidential and non-proprietary and you grant to Current the rights defined in the applicable submissions terms.
   2. Current does not claim ownership of any communication or material you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site, by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Site and solely in consideration of the possibility of publicity and professional credit, you hereby grant to Current the following rights:
      1. The worldwide, non-exclusive, right to exhibit, display and otherwise distribute your Submitted Materials or any communications via the Site ("Internet Rights");
      2. The worldwide, non-exclusive, right to exhibit excerpts of your Submitted Materials via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights");
      3. If your Submitted Materials embody any audio, visual or audiovisual material, other than a Pod (as defined below), you hereby grant to Current the non-exclusive, royalty-free perpetual right to exhibit and otherwise distribute that material via all forms of media throughout the world in perpetuity ("Media Rights") and the royalty-free, fully paid, sub-licensable, transferable and assignable licence in perpetuity to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, reformat, translate, publicly perform, publicly display, communicate to the public, sublicense, freely assign, create derivative works from and otherwise use and exploit such Submitted Material (or any part of it) in any form, medium or technology now known or later developed, in any language and by any means or manner now or hereafter developed. In this connection, you hereby grant Current the rights of first and last refusal to acquire the Media Rights exclusively. Before you offer the Media Rights exclusively to any third party, you 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 you 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, you 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, you acknowledge that any exploitation by you of the Media Rights shall be subject to the rights granted to Current hereunder;
      4. You grant to Current each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by Current, its successors, licensees and assigns throughout the world fully to exploit such Submitted Material in accordance with the rights granted herein;
      5. You grant to each user of the Site ("User") a non-exclusive licence to access your Submitted Material through the Site and to use such Submitted Material as permitted through the functionality of the Site and under these Terms of Use;
      6. In connection with the permitted use of such Submitted Material in accordance with the above licences and grants of rights: (i) you hereby waive in favour of Current, each of its successors, licensees and assigns and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such Submitted Material; and (ii) you grant to Current, each of its successors, licensees and assigns and each User the non-exclusive right to use your name and any nickname, likeness, photograph, signature and/or biographical material submitted by you to Current; and
      7. You also agree that Current may disclose any such Submitted Material, or any part of it, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process or any law-enforcement request, to enforce Current's rights, to analyse or respond to third-party claims or generally to protect Current and its users.
   3. You acknowledge that you shall not be entitled to any monetary compensation in exchange for Current's exercise of the Internet Rights, the Promotional Rights or Media Rights. However, you may revoke such rights in connection with your Submitted Materials at any time by written notice to Current, following which such rights shall revert to you and Current shall have no further right to exploit such Submitted Materials. In the event of such revocation Current shall have a commercially reasonable period of time in which to remove the Submitted Materials from any platform upon which Current has elected to distribute it. Furthermore, Current is free to use any ideas, concepts, know-how or techniques contained in any communication or Submitted Material you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this Submission policy must be in writing and signed by an authorized Current signatory. Current shall have no obligation to post, exhibit, distribute or otherwise make use of any Submitted Materials.
   4. With respect to any and all Submitted Material to Current by you, you hereby warrant and represent that such Submitted Material:
      1. Is not unlawful, fraudulent, obscene or indecent, or that defames, abuses, harasses or threatens others, or is harmful or hateful, or incites racial or religious hatred or is otherwise objectionable;
      2. Does not contains any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      3. Does not advocate or encourage any illegal activity;
      4. Does not infringe the copyright, patent, trade mark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
      5. Does not violate the privacy of individuals, including other users of the Site;
      6. Does not violate any applicable local, state, national or international law or regulation;
      7. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Site and then only for the purposes consistent with the licence granted hereunder and these Terms of Use;
      8. You agree not to or attempt to, circumvent, any access or use restrictions, data encryption or content protection related to the Site; not to data-mine the Site and not to in any way cause harm to, or burden, the Site; and
      9. You agree that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email or chat, without Current's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Current with respect thereto. You further agree not to use the Site, or any element or portion thereof (including, without limitation, email addresses of users), for any commercial purpose whatsoever.
7. Pod Submission Terms
   1. In the event that you submit an audiovisual work embodying a short form video subject ("Pod") (but specifically excluding other audio, visual or audiovisual materials) to current.com for consideration by Current TV for television broadcast (among other forms of distribution), you hereby acknowledge that such submission is made pursuant to the following Pod Submission terms ("Pod Submission Terms"):
      1. For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, the submitter ("You" whether such party is an individual or an entity) is submitting certain concepts, ideas, communications and/or materials ("Pod Submission") for the benefit of Current UK Limited ("Current"), upon the following express understandings and conditions. (If you are 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 herein by reference, unless otherwise noted.)
      2. Submission Guidelines. The Guidelines that are posted on www.current.com (and applicable Official Rules, if you are entering a contest), which you represent and warrant you have read, understand and will follow are incorporated herein by reference.
      3. Grant of Internet Rights and Reserved Ownership.
         1. In consideration of Current's evaluation of your Pod Submission, and subject to Paragraph VII.(A). 2. (b) below, you hereby grant to Current, a non-exclusive, royalty-free, perpetual right to:
            1. Exhibit, display, and otherwise distribute your Pod Submission via Current's website from the date on which you upload my Submission to the Current website and continuing thereafter in perpetuity (the "Pod Internet Rights").
            2. Grant to Current, its successors, assigns and licensees, each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required for the exploitation throughout the world in perpetuity by Current, its successors, assigns and licensees of the Submission via Current's website and any website affiliated therewith.
            3. Exhibit excerpts of your Submission via all forms of media throughout the world in perpetuity solely for promotional purposes ("Pod Promotional Rights"). You acknowledge that you shall not be entitled to any monetary compensation in exchange for Current's exercise of the Pod Internet Rights or the Pod Promotional Rights.
            4. You hereby waive and relinquish all so-called "moral rights", "droit moral" or similar rights now existing or created in the future in any part of the world and grant to Current the right to use your name, voice, likeness and biographical material in or related to the Pod Submission.
         2. Notwithstanding the foregoing:
            1. You hereby acknowledge that if and to the extent that you elect to incorporate into your Pod Submission any music that you obtain from any of the music libraries made available to you by Current ("Current Music"), then in addition to the terms and conditions applicable to such incorporation, the grant of rights set forth in paragraph VII. (A). 2. (a) above shall be deemed exclusive to Current. You further acknowledge that to the extent that your Submission embodies any Current Music, you shall have no right to exploit or authorize the exploitation of your Submission in any medium other than on the Current website so long as your Submission embodies Current Music. You understand that this subparagraph VII. (A). 2. (b) is of the essence of this Agreement; in the event of its breach by you, Current shall be entitled to obtain injunctive relief against you in addition to money damages including, without limitation, reasonable attorneys' fees.
            2. You further acknowledge that to the extent your Pod Submission consists of audiovisual works that you produce for the purpose of promoting Current ("Promo Submission"), the grant of rights set forth in paragraph VII. (A). 2. (a) shall be deemed irrevocable and exclusive. For good and valuable consideration, the receipt of which is hereby acknowledged, you hereby grant Current the exclusive option to exploit your Promo Submission worldwide in all media in perpetuity. Current may exercise that option at any time by notice to you and payment to you of two hundred and fifty pounds sterling (£250.00) plus VAT, if applicable.
         3. You may revoke the Pod Internet Rights at any time by written notice to Current, following which the Pod Internet Rights shall revert to you (subject to subparagraph VII. (A) 2.(b) above) and Current shall have no further right to exhibit your Pod Submission on the Internet.
         4. Current acknowledges that you own and control the copyright in and to your Pod Submission, subject to the rights you are granting to Current hereunder.
      4. Representations, Warranties and Indemnities. You represent and warrant that:
         1. Your entire Pod Submission is wholly original to you and is not a copy or imitation of any other material.
         2. Your Pod Submission will not infringe or violate any right whatsoever, including, without limitation, any contractual rights, personal rights (e.g., defamation, privacy, false rights, moral rights, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person or entity
         3. Your Pod Submission is not, and will not be, the subject of any threatened or pending litigation, claim or dispute. You have not granted or transferred any rights in or to the Pod Submission to any third party in a manner that would be inconsistent with the grant of rights herein.
         4. You have not done anything which has impaired and will not do anything to impair the rights granted to Current in any way.
         5. All persons engaged by you to work on the Pod Submission or appear in the Pod 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 Pod Submission.
         6. The use of all master recordings and musical compositions that have been incorporated into the Pod Submission has been authorised in writing by the entities that own or control such master recordings and musical compositions, and Current shall have no obligation to make any payments to such owners or to any other entity in connection with the distribution of the Pod Submission.
         7. You and all parties that performed any services on, or appear in, any aspect of the Pod Submission have signed appearance release provided by Current to you on the Site or a similar form that establishes, for US-law purposes, the services as a "work-for-hire" and grants such rights, consents and releases to enable Current to exploit your Pod Submission in the manner contemplated by the Site and these Pod Submission Terms.
         8. You will indemnify and hold harmless Current, its holding company and its and their subsidiaries, affiliates, successors, licensees and assigns, and each of their directors, officers, agents, equity holders and employees, on demand from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) which arise out of any breach of any of your covenants, undertakings, agreements, obligations, representations or warranties as set forth herein.
      5. Limitations on Liabilities; Remedies. By submitting your Pod Submission, you agree that:
         1. Any and all disputes, claims and causes of action arising out of or connected with your Pod Submission will be resolved individually, without resort to any form of class action.
         2. Any and all claims, judgments and awards on your behalf will be limited to actual third-party, out-of-pocket costs incurred.
         3. Under no circumstances will you be permitted to obtain any award for, and you 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, and/or any and all rights to have damages multiplied or otherwise increased.
         4. Your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief.
         5. Nothing in these Pod Submission Terms affects the statutory rights of any consumer under applicable laws or excludes or limits Current's liability for death or personal injury arising from Current's negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law.
      6. Governing Law and Jurisdiction. By submitting your Pod Submission, you agree that:
         1. These Pod Submission Terms will be governed by, and construed in accordance with, the laws of England and Wales. You irrevocably agree that, if a dispute arises out of or relates to your Pod Submission or these Pod Submissions Terms, such dispute(s) shall be referred to, and finally resolved by, arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into these Pod Submission Terms. It is agreed that the tribunal shall consist of one arbitrator (who is to be a practising entertainment lawyer), the place of the arbitration shall be London and the language of the arbitration shall be English.
         2. Notwithstanding the foregoing, you acknowledge that Current may:
            1. Seek to obtain injunctive or other equitable relief from a court to enforce the provisions of the Pod Submission Terms;
            2. Bring an action in court to protect or interpret any Current's purported intellectual property rights; and
            3. Bring an action to enforce the decision of the arbitrator before any court of competent jurisdiction.
      7. Miscellaneous.
         1. These Submission Terms will not be assignable by you 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.
         2. You acknowledge that these Submission Terms shall not apply to any audio, visual or audiovisual material that may be the subject of a separate written agreement between Current and you.
         3. You 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 Pod Submission Terms and you appoint Current as your 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 you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Current will promptly furnish to you a copy of all such documents that Current executes on your behalf.
         4. You hereby acknowledge and agree that by submitting a Pod Submission to current.com, you have hereby agreed and shall be deemed to have executed the Pod Submission Terms as of the date the Pod Submission was submitted online.
8. VCAM Submission Terms
   1. In the event that you submit an audiovisual work in response to a specific request by a Current sponsor ("Sponsor") for the creation of a viewer created advertisement message ("VCAM"), the following submission terms ("VCAM Submissions Terms") shall apply:
      
      For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, the VCAM submitter ("You" whether such party is an individual or an entity) is submitting certain concepts, ideas, communications and/or materials ("VCAM Submission") for the benefit of Current UK Limited ("Current") and such Sponsor as you have designated herein, upon the following express understandings and conditions.
      1. VCAM Submission Guidelines. You hereby represent and warrant that you have read, understand and will follow the VCAM Submission Guidelines that are posted on the Site at the VCAM assignment page.
      2. Grant of Rights.
         1. In consideration of Current's evaluation of your VCAM Submission, you hereby grant to Current the exclusive, royalty-free perpetual right to exhibit, display and otherwise distribute your VCAM via Current's web site for a period of six (6) months from the date on which you upload your VCAM Submission to the Current web site.
         2. In further consideration of Current's evaluation of your VCAM Submission, you hereby grant to Current the exclusive, royalty-free option to acquire the exclusive right to broadcast, exhibit or otherwise distribute your VCAM Submission in all media throughout the world in perpetuity, subject to the terms of this agreement (the "Option") and grant to Current, its successors, assigns and licensees, each and every consent that may be required under the Copyright Designs and Patents Act 1988 and any other laws now or in the future in force in any part of the world which may be required for the exploitation throughout the world in all media in perpetuity by Current, its successors, assigns and licensees of the VCAM. Current must exercise that Option, if at all, within six (6) months from the date on which you submit your VCAM Submission to Current via upload to the Site or, if delivered to Current via any other manner, the date on which Current receives your VCAM Submission ("Option Period").
         3. You acknowledge that Current may exercise the Option by notifying you at any time within the Option Period. You further acknowledge that during the Option Period, you will not exploit and you will not authorize any other person to exploit your VCAM Submission in any medium without Current's prior written consent.
         4. In the event that Current does NOT exercise the Option during the Option Period, then all original rights in and to your VCAM Submission shall revert to you, excluding the rights in and to the Sponsor's name, logo and any other element(s) owned or controlled by Sponsor ("Brand Features") and licensed to you herein solely for the limited purpose of producing your VCAM Submission.
      3. Option Exercise Fee.
         1. 1. In the event that Current DOES exercise the Option, then Current will pay you One Thousand Pounds Sterling (�1000) (the "Option Exercise Fee")
         2. In consideration of the Option Exercise Fee, you irrevocably grant Current the following:
            1. The exclusive, perpetual, royalty-free, fully paid license and right to broadcast, exhibit and/or otherwise distribute the VCAM Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised and grant to Current, its successors, assigns and licensees, each and every consent that may be required under the Copyright Designs and Patents Act 1988 and any other laws now or in the future in force in any part of the world which may be required for the exploitation throughout the world in all media in perpetuity by Current, its successors, assigns and licensees of the VCAM Submission. 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.
            2. Without limiting the foregoing, Current will have the right to use the VCAM Submission in any merchandising, advertising, marketing or promotion of Current TV or in Sponsor�s promotion of its participation in the VCAM program without additional payment to you.
            3. You hereby waive and relinquish all so called "moral rights", "Droit Moral" or similar rights now existing or created in the future in any part of the world and grant to Current the right to use your name, voice, likeness and biographical material in or related to the VCAM Submission. You agree not to issue any publicity on behalf of Current. You are entitled to retain and exercise the rights that are not granted to Current by these VCAM Submission Terms, subject to paragraph VIII. (A) 4 below.
         3. You acknowledge that if Current elects, in its sole discretion, to exercise the Option, you will be entitled to certain fees ("Use Fees") that are set forth in paragraph VIII. (A) 8 below.
         4. You acknowledge that other than the Option Exercise Fee and the Use Fees, if any, you will not be entitled to any further compensation or thing of value relating to Current's use of your VCAM Submission or the exercise of its rights..
         5. You will have no right of approval or consultation with respect to Current's use of the VCAM Submission. You have retained a copy of the VCAM Submission, and Current will not be responsible for the return or preservation of the copy you have submitted.
         6. Current will have the sole discretion in determining the extent and manner of the use of the VCAM Submission and Current is not obligated in any way to use or exploit the same or any rights granted by you, or any portion thereof, in any medium or any manner whatsoever.
         7. You further agree that the VCAM Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created.
         8. Current acknowledges that you own and control the copyright in and to your VCAM Submission subject to the rights you are granting to Current hereunder.
      4. Current hereby grants to you the limited, revocable sublicense to the Brand Features as graphically depicted on the VCAM assignment page for the sole and limited purpose of producing the VCAM Submission. You acknowledge that except to the limited extent provided herein, you shall acquire no right, title or interest whatsoever (implied or otherwise) in or to the name or logo, nor shall you contest Sponsor's right, title or interest thereto.
      5. Representations, Warranties and Indemnities. You represent and warrant that:
         1. Except with respect to the Brand Features, your entire VCAM Submission is wholly original to you and that no part is a copy or imitation of any other material.
         2. You will not infringe or violate any right whatsoever, including, without limitation, any contractual rights, personal rights (e.g., defamation, privacy, false light, moral rights, 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.
         3. You have not granted or transferred any right in or to the VCAM Submission to any third party. You have not done anything which has impaired and will not do anything to impair the rights granted to Current in any way.
         4. All persons engaged by you to work on the VCAM Submission or appear in the VCAM 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 VCAM Submission
         5. The use of all master recordings and musical compositions that have been incorporated into the VCAM 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 VCAM Submission.
         6. You and all parties that performed any services on, or appear in, any aspect of the VCAM Submission have signed the release provided by Current to you on the Site or a similar form that establishes, for United States law purposes, the services as a "work-for-hire" and grants the same rights and releases to enable Current to exploit your VCAM Submission in a manner consistent with the rights granted in the VCAM Submission Terms.
         7. You will indemnify and hold harmless Sponsor and Current, its holding company, 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 legal fees) which arise out of any breach of any of your covenants, agreements, obligations, representations or warranties set forth herein.
      6. Limitations on Liabilities; Remedies..
         1. By submitting your VCAM Submission, you agree that:
            1. Any and all disputes, claims and causes of action arising out of or connected with your VCAM 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 Option Exercise Fee but in no event will legal fees be awarded or recoverable;
            3. Under no circumstances will you be permitted to obtain any award for, and you 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 Option Exercise Fee, and/or any and all rights to have damages multiplied or otherwise increased;
            4. Your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief; and,
            5. Nothing in these VCAM Submission Terms affects the statutory rights of any consumer under applicable laws or excludes or limits Current's liability for death or personal injury arising from Current's negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law.
      7. Miscellaneous.
         1. The terms and conditions of this agreement ("VCAM Submission Terms") and their performance will be binding on you and your heirs, administrators, successors and assigns.
         2. The construction, validity, interpretation and enforceability of the VCAM Submission Terms will be governed by and construed in accordance with the laws of the England and Wales.
         3. You irrevocably agree that, if a dispute arises out of or relates to the VCAM Submission Terms or your VCAM Submission, such dispute(s) shall be referred to, and finally resolved by, arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into these VCAM Submission Terms. It is agreed that the tribunal shall consist of one arbitrator (who is to be a practising entertainment lawyer), the place of the arbitration shall be London and the language of the arbitration shall be English.
         4. Notwithstanding the foregoing, you acknowledge that Current may:
            1. Seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of the VCAM Submission Terms;
            2. Bring an action in court to protect or interpret any Licensee's purported intellectual property rights; and/or
            3. Bring an action to enforce the decision of the arbitrator before any court of competent jurisdiction.
         5. You acknowledge that these VCAM Submission Terms shall not apply to any audio, visual or audiovisual material that may be subject of a separate written agreement between Current and you.
         6. You 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 VCAM Submission Terms and you appoint Current as your 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 you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Current will promptly furnish to you a copy of all such documents that Current executes on your behalf.
         7. You hereby acknowledge and agree that by submitting a VCAM Submission to current.com, you have hereby agreed and have executed the VCAM Submission Terms as of the date the VCAM Submission was submitted online.
      8. Use Fees.
         1. In the event that Current exercises it Option in accordance with paragraph VIII.(A). 2 above, Current will direct Sponsor to make the following payments to you ("Use Fees") as applicable:
            1. In the event that Sponsor broadcasts your VCAM Submission by way of network television, Current will direct Sponsor to pay you a Use Fee of Ten Thousand Pounds Sterling (�10,000);
            2. In the event that Sponsor distributes your VCAM Submission by way of cable or satellite television (other than Current TV or any cable or satellite television network owned or controlled by Current TV), Current will direct Sponsor to pay you a Use Fee of Five Thousand Pounds Sterling (�5,000);
            3. In the event that Sponsor distributes your VCAM Submission by way of the internet (other than on the Current TV web site or on any web site owned or controlled by Sponsor), Current will direct Sponsor to pay you a Use Fee of Two Thousand Five Hundred Pounds Sterling (�2,500);
            4. In the event that Sponsor exploits any element of your VCAM Submission in print advertisement, Current will direct Sponsor to pay you a Use Fee of Five Thousand Pounds Sterling (�5,000); and
            5. In the event that Sponsor distributes your VCAM Submission by way of any other medium, Current will direct Sponsor to pay you a Use Fee of Ten Thousand Pounds Sterling (�10,000).
         2. You acknowledge that Sponsor may also pay Current a fee with respect to Current's services to Sponsor in connection with your VCAM Submission.
9. Disclaimers
   1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
      1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY INFORMATION OR OTHER MATERIAL CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
      2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CURRENT DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OR OTHER TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
      3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, CURRENT MAKES NO WARRANTY OR REPRESENTATION THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
      4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OTHER OBTAINING OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL CURRENT BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, UPLOADED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
      5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
10. Limitation of liability
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
       1. THAT UNDER NO CIRCUMSTANCES WILL CURRENT, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR LICENSORS, SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
       2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF USE AFFECTS THE STATUTORY RIGHTS OF ANY CONSUMER UNDER APPLICABLE LAWS OR EXCLUDES OR LIMITS CURRENT'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM CURRENT'S NEGLIGENCE OR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
       3. 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 SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
11. Indemnity
    
    YOU IRREVOCABLY AGREE TO INDEMNIFY CURRENT AND THE RELEASED PARTIES ON DEMAND FROM ANY AND ALL COSTS, CLAIMS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES OR LOSSES INCURRED OR SUFFERED BY THEM (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE SUBMITTED MATERIALS THAT YOU SUBMIT, POST TO OR TRANSMIT TO THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR BREACH OF ANY TERM OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.
12. Equipment
    
    You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges relating to the same.
13. A Special Note about children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act
    1. Current is concerned about the safety and privacy of all its users, particularly children. Our Site targets an audience that is 18 years of age or older, and some content may not be appropriate for all ages. For this reason, parents who wish to allow their children access to the Site should assist them in setting up any relevant accounts and supervise their access to the Site. You acknowledge that, by allowing your children access to the Site, they will be able to access all parts of the Site. As their legal guardian, it is your responsibility to determine whether the Site (or any part(s) of it) and/or any of the Materials (as defined in the paragraph below) are appropriate for your children.
    2. In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any personally identifiable information ("PII") from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at privacy@current.tv. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
14. Distribution limitations and territorial restrictions
    1. The Materials provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Current to any registration requirement within such jurisdiction or country.
    2. This Site is controlled and operated by Current from its offices within the United States, and Current makes no representation that Materials provided on the Site are appropriate or available for use in other locations. Current reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
    3. Use of or access to the Site shall not be construed as the purposeful availement of the benefits or privilege of doing business in any state other than the State of California by Current.
    4. Software related to or made available by this Site may be subject to national or international export controls. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United Kingdom, the United States and the country in which you reside (if different from such countries). If you visit any international Current property, you are bound by the terms of use and applicable laws governing that Current property.
    5. Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) 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 any software related to this Site, 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
15. Choice of law and forum
    
    Except as specifically provided otherwise herein:
    1. These Terms of Use and the relationship between you and Current shall be governed by, construed and enforced in accordance with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws.
    2. You agree that any legal lawsuit or other action brought by Current, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the county of San Francisco, California. You and Current agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of San Francisco, California.
    3. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to Current or their site will be resolved individually, without resort to any form of class action.
16. Severability
    
    If any provision of these Terms of Use or the Privacy Policy are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force. The parties agree that the court should endeavour to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.
17. Waiver
    
    Any delay or failure on the part of Current to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
18. 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 Site or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.
19. Assignment