Blawgcast.com

As of 4/28/05, podcasters who upload their work to the new station must agree to the following:

"I am submitting my own original work, or I have obtained all necessary rights to submit this material. I grant Infinity all the rights necessary to broadcast, transmit, use or edit this material. In doing so, I am not violating the rights of any third party and I know of no other individual or entity whose rights will be infringed upon by Infinity's possession, review, broadcast, transmission, or use of this material." Submitter provides the podcast (the "Material") to Infinity Broadcasting Corporation ("Infinity") under the following terms ("Agreement"), and in consideration of the potential publicity and promotional value to me of Infinity's possible broadcast, Internet stream, or other further dissemination of the Material:

1. Submitter grants to Infinity a non-exclusive license to the extent necessary to receive, review, reproduce, broadcast , transmit, or otherwise perform or distribute via terrestrial radio, satellite radio, the Internet, in any manner and by any means, whether now known or hereafter devised ("broadcast"), as well as the broadest possible right to edit, alter, or otherwise use the Material, whether alone or in conjunction with other material or programs. Submitter waives any potential claims against Infinity or any of its affiliates with respect to its use and/or editing of the Material. to broadcast or otherwise transmit, via terrestrial radio, satellite radio, the Internet, in any manner and by any means, whether now known or hereafter devised ("broadcast"), as well as the broadest possible right to cut, edit, duplicate, distribute, change, add to or subtract from the Material, or to combine Material with other material or with other programs. Submitter waives any potential claims against Infinity or any of its affiliates with respect to its use and/or editing of the Material.
2. Submitter represents and warrants the following:
1. Submission of the Material does not violate any agreement or understanding in place with another party, including other organizations, and former or current employers, or their policies and procedures or the like that govern Submitter.
2. The Material is Submitter's own creation and Submitter owns all rights in and to the Material.
3. The Material is not indecent, does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.
4. The Material does not violate any law, rule, or regulation of any governmental entity.
5. The Material is not subject to any obligation of confidentiality.
6. Submitter has not accepted or agreed to accept, or paid or agreed to pay, any money, service or other valuable consideration for the inclusion of any matter in the Material.
3. Submitter will indemnify and hold harmless Infinity, and its affiliates, parent companies, subsidiaries, officers, shareholders, directors, employees, agents, representatives, successors, and assigns, ("Infinity Entities") against any and all loss, liability, claims, damages and other expenses, including reasonable attorneys fees, arising from (a) Infinity's use of the Material under this Agreement; (b) any act or omission by Submitter; (c) any breach of Submitter's representations and warranties in Paragraph 2 above. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without application of conflict of laws principles. Submitter agrees that all disputes arising under this Agreement will be litigated and adjudicated exclusively in State and/or Federal Court located in the State of New York, United States of America.
4. Submitter understands and agrees that in the exercise of the rights granted to Infinity in this Agreement, Infinity or its designees may, at their election, at any time and from time to time, exploit and turn to account any and all rights granted to Infinity hereunder, and the Material provided by Submitter, in any manner and by any means, whether now known or hereafter devised, including, but not limited to, by way of webcasting, podcasting, radio broadcasting or otherwise.
5. Submitter understands that submission of the Material to Infinity does not obligate Infinity to broadcast the Material.
6. Submitter agrees that if Material is selected for broadcast, Infinity may use Submitter's full name, title of the Material, and city and state of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the broadcast. Infinity will not disclose any other personally identifiable information to the public, unless it is necessary to a) conform to regulatory and legal requirements or comply with the legal process; b) protect the safety and security of its users, employees, or property; c) to defend the rights of the Infinity Entities; or d) enforce this Agreement, the Terms of Use, and/or Privacy Policy.
7. Submitter certifies that he/she is over eighteen (18) years of age.
8. Submitter understands and accepts Infinity's Privacy Policy, Terms of Use, and these additional terms, without reservation.