Submission Agreement

Please read this 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 ?Submission?) to, which is owned and operated by Showtime Networks Inc. (?SNI?).

When you click (select) the ?I Accept? box to submit your Submission, you are signifying your agreement with, and acceptance of, all of the terms and conditions set forth herein.

  1. You hereby grant to SNI, 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 Submission (as such may be modified by SNI 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?s request, you will furnish SNI 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 Submission by SNI does not obligate SNI to exploit your Submission in any manner whatsoever.
  4. You represent, warrant and covenant that:
    1. you are a resident of the United States, accessing the [] site (the ?Site?) from the United States, and at least eighteen (18) years of age, or whatever the legal age of adulthood is in your state of residence, and you have the legal right and capability to enter into this Agreement and perform and comply with all of the terms and conditions contained herein;
    2. you are an individual and are acting on your own behalf, not on behalf of any corporation, partnership or other entity, or on behalf of any other person or group of persons;
    3. you have obtained all licenses, consents and rights necessary and incident to the exploitation by SNI of your Submission (including all elements thereof) as contemplated in this Agreement;
    4. your Submission is wholly original with you and that nothing contained in your Submission, nor the entering into or performing of this Agreement, nor the exercise of any of SNI?s rights hereunder, will violate or infringe upon any rights whatsoever (including, without limitation, any copyright, trademark, privacy right, moral right, right of publicity or other proprietary right or interest) of any third persons or entities or require SNI to make any payments on account of the exercise of SNI?s rights hereunder or result in any other liability;
    5. your Submission does not contain illegal, pornographic, defamatory, sexually explicit, or otherwise offensive or inappropriate material;
    6. your Submission does not violate any law, rule, or regulation of any governmental entity;
    7. your Submission is not subject to any obligation of confidentiality;
    8. to the extent your Submission or any derivative work created therefrom is forwarded to another party at your direction, you have a personal relationship with such party and have a good faith belief that such party will welcome the receipt of the Submission or derivative work created therefrom;
    9. you will not use this Site, or your Submission or any derivative work created therefrom, to harass any person, group or entity.
  5. You hereby agree that you will defend, indemnify and hold harmless SNI, 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?s exploitation of your 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 acquires no title or ownership rights in or to any Submission you submit to the Site and nothing in this Agreement conveys to us any ownership rights in your Submission. SNI is acting only as a host, bulletin board or conduit for 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 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 Submissions. Proof that you submitted any content does not constitute proof that SNI received anything. Additionally, SNI shall not return any Submissions.
  9. SNI makes no claim that any 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 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 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 Submission to SNI:

___ I certify that I have read, understand and accept this Agreement.