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Monday, October 15, 2007

Current Has New Terms

Current.com just relaunched with new terms:
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.
Discuss.

1 comment:

  1. When sites like that change the 'rules', do they allow you to remove previously posted material? Or does previously posted material fall under the old terms?

    With all these different sites trying to have people post material, how does a little person (I just share 2 minute clips with family & friends, not big shows) pick a place to host my stuff? There is no profit in my 'how I make pancakes' video, but I also don't want someone else to even think about making money off of it without considering me.

    ReplyDelete