Video at the new speed of life...If you decide to upload a video, you must agree to the agree to the i-CAUGHT Terms & Conditions.
Did you capture news as it happened?
Were you the first on the scene of a crime?
Did you catch something that’s just too good not to share?
CAPTURE YOUR VIDEO
using a cell phone, webcam, camcorder
(anything with a lens).
UPLOAD YOUR VIDEO
to i-Caught for the world to see!
American Broadcasting Companies, Inc.The terms and conditions on the site are in a little tiny box and the font has an opacity of something like 50%, so I print them here for review and discussion.
Licensor hereby grants to Licensee a non-exclusive license to use in the manner and for the purpose described herein, still pictures and digital video files and such other materials as may be submitted by Licensor hereunder (collectively, “the Footage”). Licensor hereby grants to Licensee the right to include the Footage (as provided by Licensor and/or as edited by Licensee) as well as the name of the Licensor (and copyright owner, if different than Licensor) in all programming and on the websites produced by ABC News, including updates, repeats, re-airs and in context promotions, and in promos released to non-ABC News programs and programs produced by ABC NewsOne for Licensee’s affiliates, partners, and licensees, as those programs are distributed worldwide, in all media now known and hereafter conceived or created, including home video and DVD and Internet and broadband distribution. Licensee acknowledges that it will receive no compensation for granting the rights herein, and that consideration for this agreement shall be the showing of the video in ABC News programming should the material be chosen for use.
In connection with the Footage, Licensor warrants and represents for the benefit of Licensee that:
He or she is 18 years of age or older, and has the right to enter into and perform this Agreement and grant Licensee all the rights granted herein in that it either owns the Footage or has a license to control the exhibition and distribution rights thereto; and there are no agreements, nor shall Licensor enter into any agreements, which would prevent the fulfillment of this Agreement or impair or conflict with the rights granted hereunder; and neither the Footage, nor the production or use of the Footage or any element of the Footage hereunder, will infringe on any trademark, copyright or trade name of, violate any right of privacy or any other right of another person, firm, corporation or other entity; and nothing illegal was done to acquire the Footage and there are currently no disputes or lawsuits concerning ownership of the Footage; and the events in the Footage that purport to be factual have not been staged or altered and/or the Footage depicts the events and persons as described to Licensee by Licensor.
Licensor agrees at all times to indemnify, defend and hold harmless Licensee, its related subsidiary and parent companies, and affiliates, and their respective officers, directors, employees and agents, from any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees, caused by or arising from: (i) any misrepresentation concerning the Footage or elements thereof by the Licensor; and/or (ii) any distribution or other authorized use of the Footage or elements thereof by the Licensee; and/or (iii) the breach of any warranty or representation made by Licensor hereunder, including but not limited to any claim relating to rights in the Footage (i.e. claims of copyright, unfair competition, breach of contract, fraud, misappropriation, invasion of privacy, and right of publicity).
Nothing contained in this Agreement shall be deemed to obligate Licensee to broadcast or use the Footage.
This Agreement and all collaterally related issues shall be governed by New York law. Federal and state courts situated in New York, New York (i.e., Manhattan) shall have sole jurisdiction and venue to resolve disputes hereunder and the parties hereto irrevocably submit to such jurisdiction and venue (and waive any claim that such forum is inconvenient). This Agreement contains the entire agreement of the parties, supersedes all prior agreements on this subject matter and cannot be modified orally.
The parties hereby confirm their agreement to the foregoing by checking the “accept terms and conditions” checkbox.
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