Friday, May 25, 2007

The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published or broadcast, TK does not guarantee any confidentiality with respect to any User Submissions. TK has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one TK program to another program or portion of the Website.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize TK to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to TK, you hereby grant TK, in addition to any other rights which it has pursuant to any other program established by TK, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and TK's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to User Submissions submitted or not submitted under any other special program, you may notify TK to remove the User Submission from the Website, and TK will do so within a reasonable time period, at which point the foregoing license to TK will terminate.
You agree that you will not: (i) submit material that is 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 post the User Submission and to grant TK all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TK or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or mis-state your true identity. TK does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TK expressly disclaims any and all liability in connection with User Submissions.

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