Terms of Use

1. All of Current.com
2. Creation Studios

All of Current.com

Welcome to the website of CURRENT TV, LLC ("Current"). Current provides you access to the current.com website or any other websites owned by Current (collectively, "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth 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 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.

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 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 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 Service'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. Immediately notify Current of any unauthorized use of your password or account or 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.
Current's Intellectual Property Rights and Limited License
1. All text, graphics, multimedia content or other material that you see or read on this website and all related code (the "Materials"), excepted for Submitted Materials (as defined below), is 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, noncommercial 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, reuse, re-post, or use the Materials for public or commercial purposes, without Current's written permission. Without limiting the forgoing, 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 license, revocable at Current's discretion, granted hereunder.
Copyright and Trademarks
1. The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Current owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Current.
2. "Current", the "Current logo", as well as other marks that may appear on the Site ("Marks"), are the service and trademarks 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. Without Current's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Current.
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 sites and resources, you acknowledge and agree that Current has no responsibility for the accuracy of information provided by or 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 you a non-exclusive, limited license, 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 criticize 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.
Infringement Complaints - Digital Millennium Copyright Act Notice
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 on the Site, either posted by Current, our users or any other party, is infringing, please contact Current at the 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 designated DMCA Agent at:
  
  Current TV, LLC
  118 King Street
  San Francisco, CA
  94107
  
  Email: privacy@current.com
  
  DO NOT SEND ANY INQUIRIES 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 MATTERS TO THAT CONTACT. All other correspondence should be left at our feedback page.
3. If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  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 an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.
User conduct and submissions
1. Any material that you submit to the Site including, without limitation, content, information, ideas, comments, blogs, vlogs, 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 submission 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; provided, however, that 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 non-exclusive, royalty-free perpetual right to:
  1. Exhibit, display and otherwise distribute your Submitted Materials or any communications via Current's web site (the "Internet Rights");
  2. Exhibit excerpts of your Submitted Materials via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights"); and,
  3. If your Submitted Materials embody any audio, visual or audiovisual material other than a Pod (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"). 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.
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 submitted by you, you hereby warrant and represent that such Submitted Material:
  1. Is not unlawful, obscene, fraudulent, indecent; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
  2. Does not contain 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, trademark, 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; or
  6. Does not violate any applicable local, state, national or international law.
5. 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 limited license hereunder and these Terms of Use.
6. 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.
7. 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 e-mail 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, e-mail addresses of users), for any commercial purpose whatsoever.
Pod Submission Terms
1. Pod Submission Terms. 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 TV, LLC ("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. Pod Submission Guidelines. The Guidelines that are posted on http://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, Exhibition Rights and Reserved Ownership.
    1. In consideration of Current's evaluation of your Pod Submission, and subject to Paragraph VII. (A) (3) (b) below, you hereby grant to Current the non-exclusive, royalty-free perpetual right to:
      1. Exhibit, display and otherwise distribute your Pod Submission via Current's web site (the "Internet Rights");
      2. Exhibit, screen and otherwise distribute your Pod Submission via in-theater exhibition, on a non-commercial basis (the "Exhibition Rights"); and
      3. Exhibit excerpts of your Pod Submission via all forms of media throughout the world in perpetuity solely for promotional purposes ("Promotional Rights").
      4. You acknowledge that you shall not be entitled to any monetary compensation in exchange for Current's exercise of the Internet Rights or the Promotional Rights.
    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) (3) (a) above shall be deemed exclusive to Current. You further acknowledge that to the extent that your Pod Submission embodies any Current Music, you shall have no right to exploit or authorize the exploitation of your Pod Submission in any medium other than on the Current web site so long as your Pod Submission embodies Current Music. You understand that this paragraph VII. (A) (3) (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) (3) (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 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 dollars (US$250).
    3. You may revoke the Internet Rights at any time by written notice to Current, following which the Internet Rights shall revert to you (subject to paragraph VII. (A) (3) (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 that no part is 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 light, moral right, 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, subject of any threatened or pending litigation, claim or dispute. 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 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;
    5. The use of all master recordings and musical compositions that have been incorporated into the Pod 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 Pod Submission;
    6. You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of Your state, province or country, and are capable of lawfully entering into and executing the Pod Submission Terms;
    7. You and all parties that performed any services on, or appear in, any aspect of the Pod Submission have signed the appearance release provided by Current to you on Current's website or a similar form that establishes the services as a "work-for-hire" and grants the same rights and releases as in the Current appearance release; and
    8. You 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 and costs) which arise out of any breach of any of your covenants, agreements, obligations, representations or warranties 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; and
    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.
  6. Miscellaneous.
    1. These Submission Terms and their performance will be binding on you and your 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.
    2. You irrevocably agree that, if a dispute arises out of or relates to the Submission Terms or your Pod 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.
    3. Notwithstanding the foregoing, you acknowledge that Current may:
      1. Obtain injunctive or other equitable relief from a court to enforce the provisions of these Submission Terms; and/or
      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 of competent jurisdiction.
    4. 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.
    5. 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 me.
    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 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 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.
VCAM Submission Terms
(Please note that the following VCAM Submission Terms embodied in paragraph VIII. herein do not apply to the Samsung VCAM assignment, scheduled to launch on or about July 19, 2011. For avoidance of doubt, any and all submissions submitted to the Samsung VCAM assignment for such campaign shall be subject to the Samsung VCAM Submission Terms outlined in paragraph XXI of these Terms of Use.)
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 submissions 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 and such Sponsor upon the following express understandings and conditions:
  1. VCAM Submission Guidelines. You hereby warrant and represent that you have read, understand and will follow any submission policy, guidelines or instructions that may be posted on the Site at the VCAM assignment page or that are otherwise communicated to you.
  2. Grant of Rights.
    1. In consideration of Current's evaluation of your VCAM Submission, you hereby grant to Current the exclusive, worldwide, royalty-free right to exhibit, display and otherwise distribute your VCAM Submission via the Site for a period of six (6) months from the date on which you upload your VCAM Submission to the Site;
    2. In further consideration of Current's evaluation of your VCAM Submission, you hereby grant to Current the exclusive, royalty free option (“Option”) to acquire the exclusive, perpetual, worldwide, royalty-free, fully-paid, transferable right to broadcast, exhibit or otherwise distribute, create derivative works from, use or otherwise exploit your VCAM Submission and every element thereof, in whole or in part, in any and all manner or media now known or hereafter devised. 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 Brand Features (defined in paragraph VIII. (A)(4)) licensed to you herein solely for the limited purpose of producing your VCAM Submission.
  3. Option Exercise Fee.
    1. In the event that Current DOES exercise the Option, then Current will pay you two thousand five hundred dollars ($2,500) (the "Option Exercise Fee").
    2. In consideration of the Option Exercise Fee, you irrevocably grant Current the following:
      1. The exclusive, perpetual, worldwide, royalty-free, fully paid, transferable license and right to broadcast, exhibit or otherwise distribute and to use or otherwise exploit the VCAM Submission and every element thereof, in whole or in part, in any manner or medium now known or hereafter devised, including by Current’s successors, assigns and licensees. Current, and its successors, assigns and licensees, will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any and all such rights and to grant unlimited sublicenses thereto;
      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, the VCAM program, Sponsor products or services or otherwise without additional payment to you;
      3. You forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized;
      4. iv. You also irrevocably grant Current the perpetual, worldwide, royalty-free, fully-paid, transferable right to use your name, voice, likeness and biographical material in or related to the VCAM Submission; and,
      5. You agree not to issue any publicity on behalf of Current. You are entitled to retain and exercise the rights that 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 use by Current and its successors, assigns and licensees of your VCAM Submission or the exercise of their 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; and
    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, to paragraph VIII.(A)(2)(d), and to paragraph VIII. (A)(4) hereunder.
  4. Current hereby grants to you the limited, revocable sublicense to Sponsor's name, logo and any other element(s) owned or controlled by Sponsor and as graphically depicted on the VCAM assignment page ("Brand Features") 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. Your VCAM Submission 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. d. 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 result 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 exploitation of the VCAM Submission;
    6. You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of Your state, province or country, and are capable of lawfully entering into and executing the Terms of Use, including without limitations the VCAM Submission Terms;
    7. 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 (including via the Site) or a similar form that establishes 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; and
    8. You will indemnify and hold harmless Sponsor and Current, their parents, 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 costs) which arise out of any breach or alleged breach of any of your covenants, agreements, obligations, representations or warranties set forth herein.
  6. Limitation 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: (A) to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual third-party, out-of-pocket expenses not to exceed the amount of the Option Exercise Fee, and/ or (B) to have damages multiplied or otherwise increased; and
      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. You acknowledge and agree that: (A) VCAM campaigns are not contests nor does Current or any Sponsor intend for any such campaigns to be contests; and (B) No laws, rules or regulations relating to contests or sweepstakes shall apply to VCAM campaigns or to your participation therein.
  7. Miscellaneous.
    1. The terms and conditions of these 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 internal laws of the State of California without giving effect to any choice of law or conflict of law rules
    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) 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 VCAM Submission Terms. The parties expressly incorporate into these VCAM Submission Terms the terms of California Civil Procedure Section 1283 and 1283.05 pertaining to pre-hearing discovery. All arbitration proceedings shall be closed to the public and confidential, and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
    4. Notwithstanding the foregoing, you acknowledge that, without waiving Current’s right to arbitration of any dispute, Current may nonetheless:
      1. Seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these VCAM Submissions Terms; and/or
      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 of competent jurisdiction.
    5. These VCAM 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 VCAM Submission Terms and the rights granted at any time, in whole or in part, to any party.
    6. 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.
    7. 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.
    8. You hereby acknowledge and agree that by submitting a VCAM Submission to the Site, you have hereby agreed and have executed the VCAM Submission Terms as of the date the VCAM Submission was submitted online.
    9. You further acknowledge that mere ideas may not be subject to copyright protection. Accordingly, you hereby assume the risk that third parties may appropriate such ideas for their own accounts and that neither Current nor Sponsor shall have any liability to you or any other entity in the event of such appropriation.
    10. In the event of any conflict or inconsistency between any term set forth in this Paragraph VIII and any term set forth in the remainder of the Terms of Use, the term set forth in this Paragraph VIII shall govern.
    11. Nothing herein contained will constitute a partnership between, or joint venture of, the parties hereto or constitute either party the agent of the other.
  8. Use Fees.
    (Please note that the following Use Fees embodied in paragraph VIII. A. 8. herein do not apply to the Samsung VCAM assignment. For avoidance of doubt, any and all submissions submitted to the Samsung VCAM assignment shall be subject to the Samsung VCAM Submission Terms outlined in paragraph XX of these Terms of Use.)
    1. In the event that Current exercises its 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 by way of network television, Current will direct Sponsor to pay you a total Use Fee of fifteen thousand dollars (US$15,000);
      2. In the event that Sponsor broadcasts your VCAM by way of cable or satellite television (other than via Current TV, any cable or satellite television network owned or controlled by Current TV or any cable or satellite channel leased by Sponsor), Current will direct Sponsor to pay you a total Use Fee of ten thousand dollars (US$10,000);
      3. In the event that Sponsor exhibits your VCAM by way of the internet (other than via the Site, Current's distribution networks or any website, social media webpage or social media web channel which is owned, controlled and/or administered by Current, Sponsor or any of their affiliates) and/or by way of wireless transmission to portable handheld electronic devices (other than via Current’s distribution networks or any mobile or tablet application owned, controlled and/or administered by Current, Sponsor or any of their affiliates), Current will direct Sponsor to pay you a total Use Fee of five thousand dollars (US$5,000);
      4. In the event that Sponsor exhibits your VCAM in movie theatres for general public consumption (i.e. trailers), exploits any element of your VCAM in print advertisement and/or exploits your VCAM by way of any other medium not described in paragraph VIII. (A)(8)(a)(i)(ii)(iii), Current will direct Sponsor to pay you a total Use Fee of five thousand dollars (US$5,000). The foregoing Use Fee shall not apply in the event of Sponsor’s exhibition of your VCAM in movie theatres for private or non-paying (e.g. conventions, trade shows, etc.) audiences; and
      5. In the event that Sponsor elects to exploit your VCAM by way of any and all media, now known or hereafter devised, including without limitation media described in paragraph VIII. (A)(8)(a)(i)(ii)(iii)(iv), Current will direct Sponsor to pay you a total Use Fee of thirty thousand dollars (US$30,000).
    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.
Disclaimer of Warranties
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
  2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CURRENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, CURRENT DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, 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 OBTAINED THROUGH THE USE OF THE SITE IS DONE 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 DOWNLOAD 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, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
  5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
Limitation of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
  1. THAT UNDER NO CIRCUMSTANCES WILL CURRENT, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, 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, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE 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. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
Indemnity

You irrevocably agree to indemnify and hold Current and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, the Submitted Materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.
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 related thereto.
A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any 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.com. 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.
Distribution limitations and territorial restrictions
1. The information provided on the Site is 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 State of California, U.S.A. and, except as specifically provided herein, Current makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and 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 availment 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 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.
Choice of law and forum selection

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.
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 endeavor 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.
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. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
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.
Entire Agreement; Modification and Termination
1. Current reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Current shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
2. Current may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Current believes that you have:
  1. Breached these Terms of Use or otherwise acted inappropriately;
  2. Infringed the intellectual property right of a third party;
  3. Provided any information that Current is unable to verify or authenticate;
  4. Uploaded or transmitted unauthorized Submitted Materials to the Site; and/or
  5. Violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.
3. Current reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by Current. Any change or modification made by Current will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Current. You should therefore periodically visit this page to review the most recent Terms of Use.
4. The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.
RT Submission Terms
1. If you submit any audio, visual (including without limitations textual) and/or audiovisual material (including without limitations any recorded audiovisual viewer selection and/or commentary on a theatrical release ("Recorded Commentary")) ("RT Materials") with respect to the program currently entitled "The Rotten Tomatoes Show on Current" ("RT Program"), the following submission terms ("RT Submission Terms") shall apply:
2. For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, the RT Materials submitter ("you" whether such party is an individual or an entity) is submitting certain concepts, ideas, communications and/or RT Materials (collectively, "RT Submission") for the benefit of Current and other parties upon the following express understandings and conditions:
  1. RT Submission Guidelines. You hereby warrant and represent that you have read, understand and will follow the RT Submission guidelines that are posted on the Site at http://current.com/movies/.
  2. Your Grant of Rights on Gratis Basis.
    1. You irrevocably grant Current and its successors and assigns (collectively, "Current Parties") the non-exclusive, worldwide, perpetual, and royalty-free license to exploit the RT Submission and every element thereof, in whole or in part, in any manner, material (including without limitations the RT Program) or medium now known or hereafter devised, including without limitations the rights to make derivative works therefrom and to use information, ideas, or comments therein.
    2. In connection with the exercise by Current and Current Parties of these rights, you irrevocably grant Current and Current parties the right to use your full name, address, voice, likeness, biographical material and/or other materials pertaining to you in or related to the RT Submission ("Related Materials").
    3. Without limiting the forgoing, Current and Current Parties will have the right to use and/or display the RT Submission and Related Materials in connection with: (i) advertising, marketing or promotion of Current or any other party, the Site, any other website, platform or service, and the RT Program or any other program incorporating the RT Submission; and (ii) in connection with any merchandising endeavors related thereto.
    4. Current will have the right to assign or transfer any of the rights granted herein and to grant sublicenses in and to them.
  3. Your Related Waivers, Acknowledgements & Covenants.
    1. You will have no right of approval or consultation with respect to the use of the RT Submission. You have retained a copy of the RT Submission, and Current will not be responsible for the return or preservation of the copy you have submitted.
    2. Current and Current Parties will have sole discretion in determining the extent and manner of the use of the RT Submission, which they are not obligated to use or exploit.
    3. You agree that the RT Submission is not being submitted in confidence or in trust, and that no agency, confidential or fiduciary relationship is intended or created.
    4. Current and Current Parties may add to, take from or otherwise modify the RT Submission. To the fullest extent allowable under any applicable law, you irrevocably and forever waive and relinquish any so-called "moral rights" in connection therewith.
    5. You agree not to issue any publicity on the behalf of Current.
  4. Representations, Warranties and Indemnities. You represent and warrant:
    1. Your entire RT Submission is wholly original to you and that no part is a copy or imitation of any other material.
    2. Your RT Submission and grant of any right hereunder 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 RT 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 or Current Parties in any way
    4. All persons engaged by you to work on the RT Submission or to appear in the RT 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 result in any ongoing obligations resulting from the exploitation of the RT Submission.
    5. You are an adult and at least 18 years of age, or that you have attained the age of majority under the laws of your state, province or country, and are capable of lawfully entering into these RT Submission Terms.
    6. All other person(s) who appear in the RT Submission have signed the non-paid appearance release provided by Current, which fully executed release shall be delivered by you to Current following its request.
    7. You will indemnify and hold harmless Current, Current Parties, their parents, subsidiaries, affiliates, successors, assigns, and licensees, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees and costs) which arise out of any breach or alleged breach of any of your agreements, acknowledgements, representations or warranties set forth herein.
  5. Limitation on Liabilities & Remedies. By submitting your RT Submission you agree that:
    1. For purposes of Section 9 of the Terms of Use, any reference therein to "SITE" shall also include www.rottentomatoes.com and any reference therein to "CURRENT" shall also include Incfusion Corporation dba Rotten Tomatoes.
    2. For purposes of Section 10 of the Terms of Use, any reference therein to "SITE" shall also include www.rottentomatoes.com and any reference therein to "RELEASED PARTIES" shall also include Incfusion Corporation dba Rotten Tomatoes.
    3. For purposes of Section 11 of the Terms of Use, any reference therein to "Site" shall also include www.rottentomatoes.com and any reference therein to "Released Parties" shall also include Incfusion Corporation dba Rotten Tomatoes.
    4. Any and all disputes, claims and causes of action arising out of or connected with your RT Submission will be resolved individually, without resort to any form of class action.
    5. Your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. Any and all claims made or judgments or awards obtained by you will be limited to actual third-party, out of pocket costs incurred by you not to exceed $500 but in no event shall attorneys' fees and awards be awarded or recoverable.
  6. Miscellaneous.
    1. The RT 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 RT 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
    3. You irrevocably agree that, if a dispute arises out of or relates to the RT Program, Site, RT Submission Terms, RT Submission or Related Materials, 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 RT Submission Terms. The parties expressly incorporate into these RT Submission Terms the terms of California Civil Procedure Section 1283 and 1283.05 pertaining to pre-hearing discovery.
    4. Notwithstanding the foregoing, you acknowledge that Current may nonetheless:
      1. Seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these RT Submissions Terms; and/or
      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 of competent jurisdiction.
    5. These RT 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 RT Submission Terms and the rights granted at any time, in whole or in part, to any party.
    6. You acknowledge that these RT 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.
    7. 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 your grant of rights as set forth in these RT 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.
    8. You hereby acknowledge and agree that by submitting a RT Submission to the Site, you have hereby agreed and have executed the RT Submission Terms as of the date the RT Submission was submitted online.
    9. You further acknowledge that mere ideas may not be subject to copyright protection. Accordingly, you hereby assume the risk that third parties may appropriate such ideas for their own accounts and that neither Current nor Current Parties shall have any liability to you or any other entity in the event of such appropriation.
    10. In the event of any conflict or inconsistency between any term set forth in this Paragraph XX and any term set forth in the remainder of the Terms of Use, the term set forth in this Paragraph XX shall govern.
SAMSUNG VCAM Submission Terms
1. In the event that you submit an audiovisual work and/or an idea, concept, synopsis, communication, treatment or script for an audio-visual work in response to a specific request by Current sponsor Samsung Electronics Company Ltd. ("Samsung") or its designee for the creation of a viewer created advertisement message ("VCAM"), the following submissions terms ("Samsung 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 Samsung VCAM submitter ("you" whether such party is an individual or an entity) is submitting certain materials, including without limitation audiovisual work ("Samsung VCAM Submission"), for the benefit of Current TV, LLC ("Current") and Samsung as you have designated herein), upon the following express understandings and conditions:
  1. Samsung VCAM Submission Guidelines. You hereby warrant and represent that you have read, understand and will follow any submission policy, guidelines or instructions that may be posted on the current.com website or any other websites owned by Current (collectively, "Site") at the Samsung VCAM assignment page or that are otherwise communicated to you.
  2. Grant of Rights.
    1. In consideration of Current's evaluation of your Samsung VCAM Submission, you hereby grant to Current the exclusive, worldwide, royalty-free right to exhibit, display and otherwise distribute your Samsung VCAM Submission via the Site for a period of six (6) months from the date on which you upload your Samsung VCAM Submission to the Site;
    2. In further consideration of Current's evaluation of your Samsung VCAM Submission, you hereby grant to Current the exclusive, royalty free option (“Option”) to acquire the exclusive, perpetual, worldwide, royalty-free, fully-paid, transferable right to broadcast, exhibit or otherwise distribute, create derivative works from, use or otherwise exploit your Samsung VCAM Submission and every element thereof, in whole or in part, in any and all manner or media now known or hereafter devised.
    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 Samsung 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 Samsung VCAM Submission shall revert to you, excluding the rights in and to the Brand Features (defined in paragraph XXI. (4)) licensed to you herein solely for the limited purpose of producing your Samsung VCAM Submission.
  3. Option Exercise Fee.
    1. In the event that you submit your Samsung VCAM Submission relating to the Galaxy Tab and Current DOES exercise the Option: (A) the Option Exercise Fee shall be Two Thousand Five Hundred United States Dollars ($2,500) (the “Option Exercise Fee”); and (B) If Samsung thereafter in its sole discretion selects such Samsung VCAM Submission as "Premiere VCAM", you will receive an additional Ten Thousand United States Dollars ($10,000).
    2. In consideration of the Option Exercise Fee, you irrevocably grant Current the following:
      1. The exclusive, perpetual, worldwide, royalty-free, fully paid, transferable license and right to broadcast, exhibit or otherwise distribute and to use or otherwise exploit the Samsung VCAM Submission and every element thereof, in whole or in part, in any manner or medium now known or hereafter devised, including by Current's successors, assigns and licensees. 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 thereto;
      2. Without limiting the foregoing, Current will have the right to use the Samsung VCAM Submission in any merchandising, advertising, marketing or promotion of Current TV, the VCAM program, Samsung products or services or otherwise without additional payment to you;
      3. You forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized;
      4. You also irrevocably grant Current the perpetual, worldwide, royalty-free, fully-paid, transferable right to use your name, voice, likeness and biographical material in or related to the Samsung VCAM Submission; and,
      5. You agree not to issue any publicity on behalf of Current.
    3. You acknowledge that other than the Option Exercise Fee, if any, you will not be entitled to any further compensation or thing of value relating to use by Current and its successors, assigns and licensees of your Samsung VCAM Submission or the exercise of their rights;
    4. You will have no right of approval or consultation with respect to Current's use of the Samsung VCAM Submission. You have retained a copy of the Samsung VCAM Submission, and Current will not be responsible for the return or preservation of the copy you have submitted;
    5. Current will have the sole discretion in determining the extent and manner of the use of the Samsung 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;
    6. You further agree that the Samsung VCAM Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created; and
    7. Current acknowledges that you own and control the copyright in and to your Samsung VCAM Submission, subject to the rights you are granting to Current hereunder, to paragraph XXI.(2)(d), and to paragraph XXI.(4). .
  4. Current hereby grants to you the limited, revocable sublicense to Samsung's name, logo and any other element(s) owned or controlled by Samsung as graphically depicted on the Samsung VCAM assignment page ("Brand Features") for the sole and limited purpose of producing the Samsung 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 Samsung'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 Samsung VCAM Submission is wholly original to you and that no part is a copy or imitation of any other material;
    2. Your Samsung VCAM Submission 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 Samsung 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 Samsung VCAM Submission or appear in the Samsung 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 result in any ongoing obligations resulting from the exploitation of the Samsung VCAM Submission.
    5. The use of all master recordings and musical compositions that have been incorporated into the Samsung 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 exploitation of the Samsung VCAM Submission;
    6. You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of Your state, province or country, and are capable of lawfully entering into and executing the Terms of Use, including without limitations the Samsung VCAM Submission Terms;
    7. You and all parties that performed any services on, or appear in, any aspect of the Samsung VCAM Submission have signed the release provided by Current to you (including via the Site) or a similar form that establishes the services as a "work-for-hire" and grants the same rights and releases to enable Current to exploit your Samsung VCAM Submission in a manner consistent with the rights granted in the Samsung VCAM Submission Terms; and
    8. You will indemnify and hold harmless Samsung and Current, their parents, 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 costs) which arise out of any breach or alleged breach of any of your covenants, agreements, obligations, representations or warranties set forth herein.
  6. Limitation on Liabilities; Remedies.
    1. By submitting your Samsung VCAM Submission you agree that:
      1. Any and all disputes, claims and causes of action arising out of or connected with your Samsung 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: (A) to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual third-party, out-of-pocket expenses not to exceed the amount of the Option Exercise Fee, and/ or (B) to have damages multiplied or otherwise increased; and
      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. You acknowledge and agree that: (A) Samsung VCAM campaigns are not contests nor does Current or Samsung intend for such campaigns to be contests; and (B) No laws, rules or regulations relating to contests or sweepstakes shall apply to Samsung VCAM campaigns or to your participation therein.
      6. Whether or not an Option may be exercised in connection with your Samsung VCAM Submission is within the sole discretion of Current and/or Samsung, and the selection process is informed by many factors that may be unrelated to comments (if any) provided by their representatives to you or by members of the general public on your Samsung VCAM Submission.
  7. Miscellaneous.
    1. The terms and conditions of these Samsung 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 Samsung VCAM 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.
    3. You irrevocably agree that, if a dispute arises out of or relates to the Samsung VCAM Submission Terms or your Samsung VCAM 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 Samsung VCAM Submission Terms. The parties expressly incorporate into these Samsung VCAM Submission Terms the terms of California Civil Procedure Section 1283 and 1283.05 pertaining to pre-hearing discovery. All arbitration proceedings shall be closed to the public and confidential, and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
    4. Notwithstanding the foregoing, without waiving Current’s right to arbitration of any dispute, you acknowledge that Current may nonetheless:
      1. Seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Samsung VCAM Submissions Terms; and/or
      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 of competent jurisdiction.
    5. These Samsung VCAM 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 Samsung VCAM Submission Terms and the rights granted at any time, in whole or in part, to any party.
    6. You acknowledge that these Samsung 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.
    7. 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 Samsung 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.
    8. You hereby acknowledge and agree that by submitting a Samsung VCAM Submission to the Site, you have hereby agreed and have executed the Samsung VCAM Submission Terms as of the date the Samsung VCAM Submission was submitted online.
    9. You further acknowledge that mere ideas may not be subject to copyright protection. Accordingly, you hereby assume the risk that third parties may appropriate such ideas for their own accounts and that neither Current nor Samsung shall have any liability to you or any other entity in the event of such appropriation.
    10. In the event of any conflict or inconsistency between any term set forth in this Paragraph XXI and any term set forth in the remainder of the Terms of Use, the term set forth in this Paragraph XXI shall govern.
    11. Nothing herein contained will constitute a partnership between, or joint venture of, the parties hereto or constitute either party the agent of the other.
  8. Other Materials. With respect to the above-referenced idea, concept, synopsis, communication, treatment or script ("Other Materials"), you confirm that you agree to the following submission policy:
    1. You acknowledge that representatives of Current, its assignees, successors and/or its licensees, including without limitation Samsung (together with Current, such parties shall herein be referred to as "Current Parties"), may receive and/or comment on the Other Materials, and that in consideration of such potential review, you hereby irrevocably waive any and all claims and causes of action that you may hold, or believe that you hold, against Current Parties, their agents, employees and affiliated companies, arising out of the possession of and/or the reviewing of the Other Materials. In particular, you hereby irrevocably release and hold Current Parties, their agents, employees and affiliated companies, harmless from all claims of copyright violation, misappropriation of intellectual property, breach of contract and misrepresentation together with any other claims or causes of action that might result from your request that representatives of Current Parties review the Other Materials.
    2. You agree that the Other Materials are not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created by such submission.
    3. You recognize that any of the Current Parties may have commenced development of similar or identical materials prior to the date of submission, and/or other persons may have submitted to any of the Current Parties or to others or made public or may hereafter originate and submit or make public, similar or identical material which such Current Parties shall have the right to use, and you understand that you will not be entitled to any compensation because of their use of such other similar or identical material.
    4. You acknowledge that Current is relying on the foregoing in accepting, reviewing and requesting that any of the other Current Parties review your Other Materials and, absent the waivers and releases set forth herein, Current would neither accept nor review nor request any of the other Current Parties to review Other Materials.
  9. You acknowledge that Samsung may pay Current a fee with respect to Current's services to Samsung in connection with your Samsung VCAM Submission.

Creation Studios

Welcome to the website of CURRENT TV'S CREATION STUDIOS, an operation of Current TV, LLC (jointly referred to herein as "Creation"). Creation provides you access to current.com/studios (the "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth 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 constitutes a legally binding contract between you and Creation. Creation respects the privacy concerns of our website users and future viewers. For information concerning the collection and use of information by Creation, please refer to our Privacy Policy.

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 Creation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creation has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof), in addition to any other remedies available to Creation.
2. You will create a password and account designation upon completing the Service'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. Immediately notify Creation of any unauthorized use of your password or account or any other breach of security; and
  2. Ensure that you exit from your account at the end of each session. Creation will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.
Creation's Intellectual Property Rights and Limited License
1. All text, graphics, multimedia content or other material that you see or read on this website and all related code (the "Materials"), excepted for Submitted Materials (as defined below), is owned or being used with permission by Creation, 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, noncommercial 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, reuse, re-post, or use the Materials for public or commercial purposes, without Creation's written permission. Without limiting the forgoing, 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 Creation or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Creation's discretion, granted hereunder.
Copyright and Trademarks
1. The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Creation either owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Creation, or has been authorized to exploit the Materials on the Site.
2. "Current TV's Creation Studios", the Current TV Creation logo, along with related marks that may appear on the Site ("Marks"), are the service and trademarks of Creation. 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. Without Creation's written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Creation.
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 Creation has no control over such sites and resources, you acknowledge and agree that Creation has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Creation of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Creation does not author, edit or monitor these pages or links. You further acknowledge and agree that Creation 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. Creation hereby grants you a non-exclusive, limited license, revocable at Creation's discretion, for you to link to Creation's home page from any site you own or control that, in Creation's sole discretion, is not commercially competitive to Creation and does not criticize or otherwise injure Creation, and so long as, in Creation's sole determination, 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 or threaten any third party, 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 Creation. All of Creation's rights and remedies are expressly reserved.
Infringement Complaints - Digital Millennium Copyright Act Notice
1. Creation respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Creation affirmatively makes available on the Site. Further, Creation relies upon the obligations imposed upon users by these Terms of Use to protect against the publication on the Site of infringing material by such users. Creation 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 on the Site, either posted by Creation, our users or any other party, is infringing, please contact Creation at the address below. Pursuant to the Digital Millennium Copyright Act, Creation has a designated agent to receive copyright infringement claims.
2. You may notify Creation of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:
  
  Current TV, LLC
  118 King Street
  San Francisco, CA
  94107
  
  Email: privacy@current.com
  
  DO NOT SEND ANY INQUIRIES 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 MATTERS TO THAT CONTACT. All other correspondence should be left at our feedback page.
3. If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
  1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
  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 an address, telephone number and e-mail address at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your physical or electronic signature.
User conduct and submissions
1. Any material that you submit to the Site including, without limitation, content, information, ideas, images, stories, characters, concepts, formats, themes, master recordings, musical compositions, comments, blogs, vlogs, your name, likeness, voice, 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 Creation the rights defined in the applicable submission terms.
2. You hereby acknowledge that you are entirely responsible for everything you upload, post, email or otherwise make available on the Site including, without limitation, material that you obtain by way of links provided to you by Creation.
3. Solely in consideration of the possibility of publicity and professional credit, to the extent that such communications and/or Submitted Materials are owned and/or controlled by you (collectively referred to herein as "Original Submitted Materials"), by uploading, posting, emailing or otherwise making available any communications or Submitted Material on the Site, you hereby irrevocably grant to Creation the royalty-free perpetual right to:
  1. Exhibit, display, distribute and otherwise exploit your Original Submitted Materials, in whole or in part, via all media now known or hereafter devised, throughout the world in perpetuity (the "Distribution Rights");
  2. Exhibit excerpts of your Original Submitted Materials via all forms of media throughout the world in perpetuity for promotional and/or advertising purposes ("Promotional Rights"); and,
  3. Create and exploit derivative works therefrom;
4. The foregoing grant of rights to Creation shall be non-exclusive with respect to any Original Submitted Material which you submit which is a visual image, an audio sound, a master recording or a musical composition ("Non-exclusive Materials), but shall be exclusive with respect to all other Original Submitted Material hereunder, including, without limitation, any stories, ideas, or other concepts embodied in the Non-exclusive Materials submitted by you. For the sake of clarity, in the event that your Submitted Material is comprised of multiple elements which include Non-exclusive Materials, the Non-exclusive Material element(s) shall be licensed to Creation non-exclusively, and all other Original Submitted Material elements shall be licensed to Creation exclusively.
5. You acknowledge that you shall not be entitled to any monetary compensation in exchange for Creation's exercise of the Distribution Rights or the Promotional Rights. Furthermore, Creation 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 these Terms of Use must be in writing and signed by an authorized Creation signatory. Creation shall have no obligation to post, exhibit, distribute or otherwise make use of any communication or Submitted Materials.
6. With respect to any and all Submitted Material submitted by you, you hereby warrant and represent that such Submitted Material:
  1. Is not unlawful, obscene, fraudulent, indecent; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
  2. Does not contain 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, trademark, 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; or
  6. Does not violate any applicable local, state, national or international law.
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 limited license 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.
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 e-mail 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, e-mail addresses of users), for any commercial purpose whatsoever.
10. You acknowledge that you shall not be entitled to any monetary compensation in exchange for your grant to Creation of the Distribution Rights or the Promotional Rights.
11. Creation acknowledges that you own and control the copyright in your Original Submitted Materials, subject to the rights you are granting to Creation hereunder.
Representations, Warranties and Indemnities. You represent and warrant that:
1. That no part of your Original Submitted Material is a copy or imitation of any other material;
2. Your Original Submitted 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;
3. Your Original Submitted Material is not, and will not be, subject of any threatened or pending litigation, claim or dispute. You have not done anything which has impaired and will not do anything to impair the rights granted to Creation in any way;
4. All third parties who rendered services on or contributed in any way to your Original Submitted Material:
  1. Have no payment claims;
  2. Have no rights of approval or consultation and no participation rights whatsoever;
  3. Are not engaged pursuant to any union or guild agreement that results in any ongoing obligations resulting from the exploitation of the Original Submitted Material; and
  4. Have granted to you all rights necessary to permit you to make the grant of rights to Creation hereunder.
5. Creation shall have no obligation to make any payments to any third parties for exercising its rights to your Original Submitted Material hereunder;
6. You are an adult and at least 18 years of age, or that You have attained the age of majority under the laws of your state, province or country, and are capable of lawfully entering into and executing the Terms of Use; and
7. You will indemnify and hold harmless Creation, Current TV, LLC, Stupid Fun Club, LLC, World Wide Biggies, LLC and their parents, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, and each and every Creation sponsor and advertiser (individually and collectively referred to as the "Released Parties"), from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees and costs) which arise out of any breach of any of your covenants, agreements, obligations, representations or warranties set forth herein and/or arising out of or in connection with, any materials you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party.
8. Limitations on Liabilities; Remedies. By submitting your Submitted Material, you agree that:
  1. Any and all disputes, claims and causes of action arising out of or connected with your Submitted Material 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; and
  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.
Miscellaneous.
1. These Terms of Use and their performance will be binding on you and your heirs, administrators, successors and assigns. These Terms of Use specifically apply to any submission of material that you make to Creation by way of current.com/studios and, with respect to such submissions, supersedes any other Terms of Use applicable to current.com. The construction, validity, interpretation and enforceability of the Terms of Use 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.
2. You irrevocably agree that, if a dispute arises out of or relates to the Terms of Use including, without limitation, Creation's use of your Submitted Material, 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.
3. Notwithstanding the foregoing, you acknowledge that Creation may:
  1. Obtain injunctive or other equitable relief from a court to enforce the provisions of these Terms of Use; and/or
  2. Bring an action in court to protect or interpret any of Creation's purported intellectual property rights; and/or
  3. Bring an action to enforce the decision of the arbitrator before any court of competent jurisdiction.
4. These Terms of Use will not be assignable by you except as approved in writing by Creation and any unauthorized, purported assignment will be null and void. Creation, and its successors and assigns, will have the unlimited right to assign these Terms of Use and the rights granted at any time, in whole or in part, to any party.
5. You acknowledge that these Terms of Use shall not apply to any audio, visual or audiovisual material that may be the subject of a separate written agreement between Creation and you.
  1. 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 Creation to further evidence or effectuate Creation's rights as set forth in these Terms of Use and you appoint Creation 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). Creation will promptly furnish to you a copy of all such documents that Creation executes on your behalf.
  2. You hereby acknowledge and agree that by submitting Submitted Material to current.com/studios, you have hereby agreed and shall be deemed to have executed the Terms of Use as of the date the Submitted Material was submitted online.
Disclaimer of Warranties
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
  2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CURRENT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, CREATION DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, 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 OBTAINED THROUGH THE USE OF THE SITE IS DONE 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 DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL CREATION 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, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
  5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
Limitation of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
  1. THAT UNDER NO CIRCUMSTANCES WILL CREATION, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, 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, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE 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. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
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 related thereto.
A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any 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.com. 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.
Distribution limitations and territorial restrictions
1. The information provided on the Site is 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 Creation to any registration requirement within such jurisdiction or country.
2. This Site is controlled and operated by Creation from its offices within the State of California, U.S.A. and, except as specifically provided herein, Creation makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and 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 availment of the benefits or privilege of doing business in any state other than the State of California by Creation.
4. 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.
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 endeavor 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.
Waiver

Any delay or failure on the part of Creation 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. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
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.
Entire Agreement; Modification and Termination
1. Creation reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Creation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
2. Creation may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Creation believes that you have:
  1. Breached these Terms of Use or otherwise acted inappropriately;
  2. Infringed the intellectual property right of a third party;
  3. Provided any information that Creation is unable to verify or authenticate;
  4. Uploaded or transmitted unauthorized Submitted Materials to the Site; and/or
  5. Violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.
3. Creation reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by Creation. Any change or modification made by Creation will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Creation. You should therefore periodically visit this page to review the most recent Terms of Use.

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Last Revised: January 10, 2012

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