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Challenge - Content Submission Terms 1. General Terms of Use By submitting materials to PodShow and/or by using and/or visiting the PodShow website (collectively, including all content available through the PodShow.com domain name, the "PodShow website", or "website"), you signify your assent to these Content Submission Terms ("Submission Terms") as well as the PodShow Terms of Use, which are found here and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not submit content to PodShow and do not use the PodShow website. 2. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Submission Terms, and to abide by and comply with these Submission Terms. In any case, you affirm that you are over the age of 13, as the PodShow Website is not intended for children under 13. If you are under 13 years of age, then please do not submit content to PodShow or otherwise use the PodShow Website, there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you and your content. 3. Submissions * The PodShow Website may now or in the future permit the submission of audio files, video files or other electronic content submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PodShow does not guarantee any confidentiality with respect to any submissions. * You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PodShow to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PodShow, you hereby grant PodShow a worldwide, non-exclusive, royalty-free, sublicenseable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the PodShow Website and PodShow's (and its successor's) business, including without limitation for promoting and redistributing part or all of the PodShow Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the PodShow Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Submission Terms and the PodShow Terms of Use. * In connection with User Submissions, you further 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 material and to grant PodShow all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PodShow 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. PodShow does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PodShow expressly disclaims any and all liability in connection with User Submissions. PodShow does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PodShow will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. PodShow reserves the right to remove Content and User Submissions without prior notice. PodShow will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. PodShow also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PodShow may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. * PodShow shall have the right but not the obligation to use your name in connection with the User Submissions or any part thereof. At the request of PodShow, you shall execute, acknowledge and deliver to PodShow any assignments, documents or other instruments necessary to evidence, convey, establish, maintain or defend PodShow's rights hereunder and to fully carry out the intention and purpose of these Submission Terms, as may, in the judgment of PodShow be deemed reasonably necessary or desirable. * You will not be entitled to receive any additional compensation, residuals, or royalties, from or other future payments of any kind or nature from PodShow in connection with the exploitation of the User Submissions or any part thereof. Further, it is specifically understood that you shall have no claim whatsoever against PodShow or its assignees, agents, subsidiaries or business partners for any royalties received by PodShow from any performing rights society or organization which makes payment directly to writers, actors, authors, publishers and composers. * In certain instances, User Submissions may be made in connection with a promotion in which you will be eligible to win a prize if your User Submission is selected. If you submit User Submissions under such a promotion and you win, you hereby assign all rights to the winning User Submission to PodShow. 4. Warranty Disclaimer YOU AGREE THAT USER SUBMISSIONS THAT YOU MAKE TO PODSHOW SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PODSHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF YOUR USER SUBMISSIONS, THE WEBSITE AND YOUR USE THEREOF. 5. Limitation of Liability IN NO EVENT SHALL PODSHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE USER SUBMISSIONS WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PODSHOW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 6. Indemnity You agree to defend, indemnify and hold harmless PodShow, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Submission Terms; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Submission Terms as well as your use of the PodShow Website. 7. Assignment These Submission Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PodShow without restriction. 8. General These Submission Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and PodShow that arises in whole or in part from these Submission Terms or the PodShow Website shall be decided exclusively by a court of competent jurisdiction located in California. These Submission Terms, together with the PodShow Terms of Use and any other legal notices published by PodShow on the Website, shall constitute the entire agreement between you and PodShow concerning User Submissions. If any provision of these Submission Terms or the PodShow Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Submission Terms, which shall remain in full force and effect. No waiver of any term of these Submission Terms or the PodShow Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PodShow's failure to assert any right shall not constitute a waiver of such right. PodShow reserves the right to amend these Submission Terms and the PodShow Terms of Use at any time and without notice, and it is your responsibility to review them for any changes. Your submission of any new content and/or your use of the PodShow Website following any amendments will signify your assent to and acceptance of the revised terms. YOU AND PodShow AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USER SUBMISSION OR THE PodShow WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.