Content Submission Agreement (“Agreement”) shall confirm your rights and responsibilities in regard to submitting (uploading) your content into the Etherealtv.net website. Content refers to video recordings, audio recordings, PDF documents, graphic images and any additional types of content we broadcast in the future.

By uploading any Content to the Ethereal Network (“Ethereal”), you certify, represent, acknowledge and affirm that you wholly own said Content, or have the sole and exclusive right to permit Ethereal, and its partners, subsidiaries, affiliates, associates or other collaborators (collectively, “Ethereal”) to use, edit, publish or otherwise utilize your Content and your name, or your business/organization name, and logo or likeness in connection with your Content without any obligation or liability to you or any other party whatsoever. You shall be solely responsible for your Content and the consequences of submitting and publishing your Content. You may hide or delete your Content from the Ethereal Network at any time, for any reason. 

When you provide Ethereal with your Content, you give Ethereal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable (through multiple tiers) right and license to exercise any and all copyright, trademark, publicity and database rights that you have in any and all formats or media now known or hereafter devised in the future. You further hereby grant to Ethereal the non-exclusive, irrevocable and unconditional right and license to broadcast, distribute, monetize, describe, relate, exhibit, transmit, publish, use, and/or otherwise utilize your content in any manner as Ethereal shall deem appropriate, in whole or in part, on the internet, in print and electronic form, in merchandising, publicity and advertising, or in any other media now known or hereafter created or devised throughout the universe in perpetuity. For the avoidance of doubt, this shall include, without limitation, the right to submit and license (and sub-license) your content to third-parties including, but not limited to, television broadcast networks, cable stations, pay, pay-per-view, streaming platforms, satellite television networks, free television networks, television syndicators, home video distributors, podcast/vidcast, mobisode distributors, or any other third-party distributor (“Third Parties”) for the further utilization of your content in any format or media, including the development of a possible television show, television commercial, feature film, documentary film and/or other audiovisual production. You agree that Ethereal and the Third Parties shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, duplicate, translate, reformat and/or reprocess your content in any manner Ethereal or the Third Parties may in their sole discretion determine and to use your Content as Ethereal or the Third Parties in their sole discretion determine and/or to make derivative works of the same, in whole or in part, without notifying you and without obligation to you (primarily for advertising and marketing purposes, such as making a compilation video advertisement.) You waive any right to inspect or approve the final display or other utilization of your Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of your Content.

You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that: (i) you are over 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent and that you have the right and ability to enter into this Agreement and agree to the terms stated herein; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ethereal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of your Content in the manner contemplated by Ethereal and this Agreement, without the consent of any third parties; (iii) you have not exclusively granted or assigned or otherwise transferred the rights in and to your Content to any third parties; (iv) there are no claims, litigation, or other proceedings pending or threatened which could in any way impair, limit or diminish the rights in and to the Content granted hereunder; (v) if any minors appear in your Content, you affirm that you are the parent or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minor(s) to grant the rights in and to the Content set forth herein; (vi) you are granting the rights in and to the Content granted hereunder with the knowledge and understanding that Ethereal or the Third Parties may incur substantial expense in reliance thereon; and (vii) uploading or posting Content shall constitute my signature and acceptance of this Agreement and these terms and have the same effect as if you had signed such an Agreement containing these terms and, upon request, you agree to sign a non-electronic version of this Agreement containing these terms and, until such time, a printed version of this Agreement shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to this Agreement and these terms to the same extent and subject to the same terms and conditions as other business documents and records originally generated and maintained in printed form.

Ethereal does not endorse any Content or any opinion, recommendation, or advice expressed in your Content, and Ethereal expressly disclaims any and all liability in connection with your Content. You understand and acknowledge that Ethereal does not guarantee any confidentiality with respect to any of your Content. Ethereal does not permit copyright infringing activities and infringement of intellectual property rights on any of its websites, and Ethereal will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Ethereal reserves the right to remove Content in its sole discretion and without prior notice to you, and without any refund or other compensation.

IN NO EVENT SHALL ETHEREAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF YOUR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR SUBMISSION OF YOUR CONTENT TO ETHEREAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ETHEREAL SHALL NOT BE LIABLE FOR YOUR CONTENT 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.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ethereal, its parent corporation, officers, directors, employees, agents, affiliates, associates, partners or collaborators, 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 use of and access to Ethereal; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, trademark, service mark, patent, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive your use of Ethereal.