Real Conversations Submissions Terms

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REAL CONVERSATIONS SUBMISSION TERMS

Link TV, DBA Link Media, Inc. (“the Sponsors”) presents opportunities for visitors to submit video commentary, including “Real Conversations”. Real Conversations is Link TV's way of bringing our online community into our on-air shows. We want to hear what site visitors have to say about timely topics, and we'll broadcast the best comments. Soon we'll also launch a new series, Real Conversations, based on the exchanges.

A. GENERAL RULES
1. Submission Terms. By submitting any materials, ideas, concepts and communications submitted by Participants (including personal information) (“Submission”), You agree to comply with all submission terms contained herein.

2. Content Limitations. You agree that you will not submit Submissions that are:
a. Copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material to the Sites in full compliance with these Submission Terms;
b. False, inaccurate, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, ethnically or otherwise offensive, or encourages conduct would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as may be determined by the Sponsors, or contrary to the Sponsor’s other stated policies and procedures, where applicable.
B. ADDITIONAL CONDITIONS AND TERMS
1. Ownership / Rights / Name And Likeness / Publicity.
a. By uploading, inputting, providing or otherwise submitting your Submission, you:
i. warrant to the Sponsors you have secured all rights and releases to all material in your Submission, including the music, images, script, and rights to include all persons, places or organizations included or depicted. If your Submission contains images or identifications of any persons or organizations you agree that, if you are selected for broadcast television, you will submit release forms from those persons (or their parents or guardians) or organizations for the use of their identifications or images in your Submission.
ii. grant the Sponsors a worldwide, non-exclusive, assignable, sub-licensable, royalty-free, perpetual license to use the content, or portions thereof, and exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the Submission; the right to use, reproduce, distribute (through multiple tiers) your Submission in connection with the operation of our business, including, without limitation, the license rights to cache, copy, sell, distribute, transmit, publicly display, publicly perform and reproduce your Submission as part of the Site(s), and in all other media, telecast, broadcast, via mobile devices, as well as through unknown new media hereinafter developed.
iii. agree to allow Link TV to use your name, identification, and likeness to use, promote or publicize your video in any manner, without limitation, and without further compensation (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes). You agree to indemnify Link TV, including for legal costs, against any challenges to the ownership, use of, or rights to material in your Submission.
iv. grant all right, title and interest in any physical materials you provide to the Sponsors.
v. acknowledge that no Submissions shall be returned.

b. Except for such obligations explicitly set forth in these Submission Terms, Link TV and its partners shall have all rights to use your Submission in any way, without any further obligation, notice, compensation or approval.

c. You waive any future claims against Link TV or others arising from the use, derivative or otherwise, of your Submission.

d. Your use the Sites constitutes irrevocable permission for Sponsor and its licensees, and its and their successors, assigns and sub-licensees (collectively, "Licensee") to use any or all contents of the Submissions and all other materials submitted to Sponsor by Participants and each Participant's name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), likeness and biography for use in connection therewith, including for advertising and/or publicity purposes, worldwide and in all media and by all manners (now or hereafter known) and on and in connection with related products, services, advertising and promotional materials, in perpetuity, without further compensation or other consideration.

e. Link TV may use any and all information obtained from Participants for its internal activities, including contacting a Participant.

f. Participants will continue to own the underlying intellectual property rights in and to their Submission, subject to Sponsor's license and rights set forth in these Submission Terms
2. Harmful Activity. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY OF THE SITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROJECT, INCLUDING THE MANIPULATION OF RATINGS, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Any damage made to the Site(s) will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Any use of robotic, automatic, programmed or like methods of participation will void all such Submissions by the Participant. By entering the Sites, you agree that you will not attempt to:
a. distribute or post spam, chain letters, or pyramid schemes;

b. distribute viruses or any other technologies that may harm the interests or property of the Sponsors, its users or the other;

c. copy, modify, or distribute content from the Site(s) without the prior written consent of the Sponsors;

d. harvest or otherwise collect information about users, including email addresses, without their consent; or

e. use any robot, spider, scraper or other automated means to access the Site(s) for any purpose without our express written permission.
3. Interruptions or Discontinuation of Access to Sites.
a. The Sponsors reserve the rights at any time and from time to time to modify, suspend, discontinue or permanently remove the Sites or services offered on the Sites, or any portions thereof, with or without notice to you.

b. You agree that upon termination of your access to the Sites under any provision of these Terms, the Sponsors may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites. Further, you agree that the Sponsors shall not be liable to you or any third party for any termination of your access to the Sites.
4. Right to Amend Terms. The Sponsors may amend these Terms at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. These Terms may not be otherwise amended except in a writing signed by you and us. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

5. Compliance with Laws. You agree to comply with all government laws and regulations.

6. Release and Indemnification. You agree to release, indemnify and hold us (and our successors, parents, subsidiaries, affiliates, officers, directors, agents, joint ventures, employees and attorneys) harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your breach or claimed breach of these Submission Terms, or your violation or claimed violation of any law or the rights of a third party.

7. Disclaimer Of Warranties.
a. Changes are periodically made to the Site(s) and to the information therein. The Sponsors and/or our authorized agents may make improvements and/or changes in the Site(s) at any time. The Sponsors and our authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Site(s) for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. The Sponsors provide no technical support.

b. The Sponsors and our authorized agents hereby disclaim all warranties and conditions with regard to the Site(s), and all related software, products, services and graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. No oral or written information or advice given by the Sponsors, our agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein. You specifically agree that the Sponsors shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You agree that the Sponsors are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The Sponsors are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site(s).

c. Limitation of Liability. In no event shall the Sponsors, our officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company, agents or lawyers be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits, arising out of this Site or in any way connected with:
i. the use or performance of the Site(s);
ii. the delay or inability to use the Site(s) or related services;
iii. the provision of or failure to provide services; or
iv. any information, products, and related graphics obtained through the Sponsors’ Site(s), or otherwise arising out of the use of the Site(s), whether based on contract, tort, negligence, strict liability or otherwise, even if the Sponsors or any of our authorized agents have been advised of the possibility of damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
v. Technical errors of any kind, technical hardware or software failures of any kind, including any injury or damage to any person's computer, related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit your ability to participate in the promotion.

8. Article and Section Titles. The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof.

9. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Sponsors as a result of Your use of the Sites. Our operation of the Sites and Your agreement with these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by the Sponsors with respect to such use.

10. Terms. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the identity of the person may in the context require.

11. Separability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.

12. Choice of Law. Your agreement to these Terms is governed by the laws of the State of California. All claims relating in any manner to the Sites or to any submission must be resolved in the federal or state courts of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of Participants in connection with their use of the Sites shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California). Any claim or cause of action arising out of or related to the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred.

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