Channel Submissions Terms & Conditions | MobilfreeTV
Rights Clearances & Terms
You represent and warrant that: (a) you have the ability, capacity and authority to enter into this Agreement; (b) you have obtained any and all necessary rights, licenses and approvals to perform your covenants and agreements set forth in this Agreement; (c) in connection with your obligations under this Agreement, you will not act in any manner that conflicts or interferes with any existing commitment or obligation you may have; and (d) no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
You represent and warrant that (a) you have (and will continue to have during the term of this Agreement) all intellectual property rights, including all necessary rights and licenses under patent, trademark, trade secret and copyright, in and to all materials provided or used by you in connection with this Agreement, including Your Properties, (b) such materials will be free and clear of all liens, claims and encumbrances, (c) you have obtained all music rights and music clearances which are required with respect to any music contained in any of the foregoing materials (including music synchronization, mechanical and music performance rights through to the viewer, and dramatic and non-dramatic music rights), and (d) no supplemental or additional use payments by MobilFreeTV will be required with respect to the exploitation of any of the foregoing materials by MobilFreeTV under this Agreement.
Without limiting the foregoing, as between the parties, you are responsible for and will pay all required royalties, public performance license fees, mechanical rights royalty or license fees, music synchronization and master license fees, guild fees, residuals and similar amounts arising from any exercise by MobilFreeTV of any rights granted to it under this Agreement or from any other activity contemplated under this Agreement.
Compliance with Law.
You will comply with all Laws in connection with the performance of your obligations and activities under this Agreement and you will not use your Applications or the Platform for any illegal activities.
Claimed Copyright Infringement.
MobilFreeTV's designated agent to receive written notices of claimed copyright infringement, and it's procedures for receiving and responding to such notices, are described in the Claimed Copyright Infringement Procedures, as may be modified from time to time during the term of this Agreement.
MobilFreeTV may suspend, restrict or cease the distribution and/or operation of your Application and/or Content (including removal from all or any portion of the Platform) and may restrict or revoke your participation in the program if:
a) You notify MobilFreeTV, or MobilFreeTV determines in its sole discretion, that one or more of your activities in connection with this Agreement: (i) violate (or may violate) the intellectual property rights or any other rights of a third party; (ii) create (or may create) liability for MobilFreeTV, its Affiliates, or its or their licensees, contractors or agents; or (iii) violate Law;
b) Your Application or Content is: (i) defective; (ii) contains or distributes any viruses, malware, undisclosed features or functionality, spyware or other harmful or malicious code; or (c) creates a risk to the security or stability of the Platform, other Applications, Devices or Stores;
c) MobilFreeTV or its Affiliates are required by Law or other governmental, regulatory or court order to take such action;
d) You breach the terms of this Agreement or any other agreement between you and MobilFreeTV or its Affiliates regarding your Applications or Content; or
e) MobilFreeTV otherwise reasonably believes that such action is prudent or necessary, including in order to prevent harm to the Platform or to avoid liability for MobilFreeTV, its Affiliates, or its or their licensees, contractors or agents.
You may not resubmit or re-enable any content that has been suspended by MobilFreeTV, restricted by MobilFreeTV, or which MobilFreeTV has ceased to distribute, or submit or enable a substantially similar Application, without MobilFreeTV's prior written approval, nor may you attempt to circumvent the suspension, restriction or cessation any such content.
You may suspend the distribution and/or operation of your content via the Platform upon 10 business days' prior written notice to MobilFreeTV, unless a shorter period of time is required by Law or a court order. In the event of any such suspension: (a) you must continue to comply with this Agreement with respect to your Application that has been previously purchased or downloaded by end users (including your customer support obligations); and (b) you will be solely responsible (and MobilFreeTV or its Affiliates will have no obligation to you or any third party) for any damage or liability resulting from the suspension of your Application.
MobilFreeTV may, at any time, in its sole discretion, suspend all or any portion of the Platform, including all or any portion of any Store. In such an event, the distribution of your Application may be suspended to the extent that MobilFreeTV deems necessary.
In the event of any suspension or cessation of distribution of your Application under this Section 20 or as a result of a claimed copyright infringement, MobilFreeTV may provide notice thereof to end users in MobilFreeTV's sole discretion.