SmithsonianChannelCommunity.com Member Submission Agreement
Please read this Member Submission Agreement (the Agreement) carefully as it governs the submission, posting, or uploading (collectively, the submission) of any video(s), photograph(s), image(s), graphic(s) and/or any audio (including music) and/or visual content (the Member Submission) to SmithsonianChannelCommunity.com, which is owned and operated by SNI/SI Networks L.L.C. (SNI/SI Networks).
When you click (select) the I Accept box to submit your Member Submission, you are signifying your agreement with, and acceptance of, all of the terms and conditions set forth herein. If you are acting as an officer, director or employee of a corporation or other entity and are submitting your Member Submission on behalf of such corporation or other entity, by clicking (selecting) the I Accept box you are signifying such corporations or other entitys agreement with, and acceptance of, all of the terms and conditions set forth herein.
1. You hereby grant to SNI/SI Networks, its parents, subsidiaries, other affiliates, successors, assigns and licensees, the irrevocable, perpetual, worldwide, royalty-free, non-exclusive right to use, reproduce, edit, market, sell, store, distribute, exhibit, transmit, publicly and privately perform, create derivative works based upon, promote and otherwise exploit (collectively, exploit) your Member Submission (as such may be modified by SNI/SI Networks in its sole discretion), alone or together with other materials, in any media now known or hereafter developed, for editorial, commercial, promotional and any and all other purposes.
2. You hereby agree that upon SNI/SI Networks request, you will furnish SNI/SI Networks with any documentation and/or substantiation and execute any instruments necessary and reasonably required to verify and substantiate your compliance with any and all of the terms and conditions of this Agreement, including, without limitation, the representations, warranties and covenants contained herein.
3. You hereby acknowledge and agree that the acceptance of your Member Submission by SNI/SI Networks does not obligate SNI/SI Networks to exploit your Member Submission in any manner whatsoever. You hereby agree that if SNI/SI Networks determines to exploit your Member Submission, SNI/SI Networks may utilize your screen name, the title of your Member Submission, and the city and state of your residence for the purposes of identifying, promoting and/or generating publicity for such exploitation.
4. You represent, warrant and covenant that:
(a) you are a resident of the United States, accessing the SmithsonianNetworksCommunity.com website (the Site) from the United States, and at least thirteen (13) years of age;
(b) you have obtained all licenses, consents and rights necessary and incident to the exploitation by SNI/SI Networks of your Member Submission (including all elements thereof) as contemplated in this Agreement;
(c) your Member Submission is wholly original with you and that nothing contained in your Member Submission, nor the entering into or performing of this Agreement, nor the exercise of any of SNI/SI Networks rights hereunder, will violate or infringe upon any rights whatsoever (including, without limitation, any copyright, trademark, privacy right, moral right or other proprietary right or interest) of any third persons or entities or require SNI/SI Networks to make any payments on account of the exercise of SNI/SI Networks rights hereunder or result in any other liability;
(d) your Member Submission does not contain illegal, pornographic, defamatory, sexually explicit, or otherwise offensive or inappropriate material;
(e) your Member Submission does not violate any law, rule, or regulation of any governmental entity;
(f) your Member Submission is not subject to any obligation of confidentiality; and
(g) if you are submitting a Member Submission on behalf of a corporation or other entity, you are acting as an officer, director or employee of that corporation or other entity and you are legally authorized to enter into this Agreement on behalf of that corporation or other entity.
5. You hereby agree that you will defend, indemnify and hold harmless SNI/SI Networks, its parents, subsidiaries, other affiliates, successors, assigns and licensees, and officers, shareholders, directors, employees, agents, and representatives of all of the foregoing, against any and all loss, liability, claims, damages and other expenses, including reasonable attorneys fees, arising from (a) SNI/SI Networks exploitation of your Member Submission as contemplated by this Agreement, and (b) any breach of your agreements, representations, warranties and covenants contained in this Agreement.
6. Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, SNI/SI Networks acquires no title or ownership rights in or to any Member Submission you submit to the Site and nothing in this Agreement conveys to us any ownership rights in your Member Submission. SNI/SI Networks is acting only as a host, bulletin board or conduit for Member Submissions, with all of the specific rights granted by you hereunder.
7. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, delete, alter, remove or otherwise handle as SNI/SI Networks deems appropriate, any improper, inappropriate or offensive content that is or could be construed as violating any of the terms and conditions of this Agreement, and/or the Terms of Service Agreement.
8. You will keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable Member Submissions. Proof that you submitted any content does not constitute proof that SNI/SI Networks received anything. Additionally, SNI/SI Networks shall not return any such Member Submissions.
9. SNI/SI Networks makes no claim that any Member Submission, software or other feature of the Site may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with all applicable laws. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations or otherwise.
10. SNI/SI Networks reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Site, and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Member Submission may be displayed on or otherwise used by or in connection with the Services or on other platforms or distribution technologies.
By submitting my Member Submission to the Site:
___ I certify that I have read, understand and accept this Agreement and the Privacy Policy and Terms of Service Agreement of SmithsonianChannelCommunity.com.