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Description
ON-LINE CONTENT PROVISION TERMS AND CONDITIONS

IMPORTANT - READ CAREFULLY BEFORE PROVIDING CONTENT

These are the On-line Content Provision Terms and Conditions of Kontraband Limited (Company No. 4648220) whose registered office is at 6A Croydon Rd, Caterham, Surrey, CR3 6QB. In addition to what is stated herein, Kontraband's Terms and Conditions of Use and Privacy Policy are available in full text at www.kontraband.com apply at all times to your use of the Website and shall be deemed part of these terms and conditions for the purposes of your provision of your Content to Kontraband. In the event of any inconsistency between this Agreement and the Kontraband Terms and Conditions of Use and Privacy Policy, this Agreement shall prevail to the extent of the inconsistency.
 1. DEFINITIONS: For the purposes of this Agreement the following words and phrases shall have the following meanings:- "Content": All text, information, data, software, executable code, images, audio or video material in whatever medium or form relating to the footage provided to Kontraband by you pursuant to this Agreement; "Derivative Work": Original content based on the Content, such as a translation, musical arrangement, dramatisation, fictionalisation, motion picture version, sound recording, art reproduction, abridgement, condensation or any other form in which the footage may be recast, transformed or adapted; "Intellectual Property Rights": all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off; "Website": the website at www.kontraband.com and any other URL from which Kontraband decides to display your Content from time to time.
 2. GRANT OF RIGHTS: In consideration of the terms of this Agreement and by submitting your contribution to us, you agree to grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate your Content in other works in any media now known or later developed for the full term of any rights that may exist in your Content. If you do not want to grant us the rights set out above, please do not submit your contribution to kontraband.com.
If our 3G or other business partners are interested in using your Content we may send you further documentation requesting your permission to negotiate with our 3G or other business partners to use your Content on 3G platforms or in any other media now known or hereafter created on your behalf. We may then be able to offer you either a one-off fee, a percentage of the revenues we may earn or a per pence flat rate fee every time your Content is downloaded. We cannot however guarantee that our 3G partners will be interested in your Content or that any revenue will be forthcoming.
 3. PASSWORD: Upon registration, you must select a password. You may not disclose your password to any third party and shall notify Kontraband immediately if it is disclosed to an unauthorised person. You will also be required to choose a login name. While you are encouraged to use a pseudonym, especially if you are under 16 and provide Content with your parent or legal guardian's consent you may not pick a name that violates anyone's trade marks, publicity rights or other proprietary rights.
 4. CONTENT: You shall be responsible for the accuracy and completeness of the Content. Kontraband has no obligation to you to use the Content or to display the Content on the Website and undertakes no responsibility to review the Content to determine whether the Content may result in any liability to any third party. If Kontraband reasonably believes that any Content may create liability for Kontraband or its sub-licensees, Kontraband may remove such Content from the Website and/or distribution to minimise or eliminate Kontraband's potential liability to third parties including but not limited to its sub-licensees.
 5. INTELLECTUAL PROPERTY RIGHTS: Kontraband retains all Intellectual Property Rights in the Website and any Derivative Works, and nothing in this Agreement shall be taken to grant any rights to Content Provider in respect of such Intellectual Property Rights. You hereby irrevocably and unconditionally waives (or has procured the waiver of) all rights in respect of the Content to which you (or any third party) is now or may in the future be entitled pursuant to the Copyright, Designs and Patents Act 1988 sections 77, 78, 80, 84 and 85 and any other moral rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this Agreement, nothing shall be construed to grant to Kontraband any right, title or interest in or to the Content.
 6. WARRANTIES AND LIMITATION OF LIABILITY: EACH PARTY WARRANTS TO THE OTHER THAT IT HAS FULL POWER AND AUTHORITY TO ENTER INTO AND PERFORM THIS AGREEMENT. YOU WARRANT TO KONTRABAND THAT THE CONTENT:-
  1. DOES NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, OTHER PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY AND THAT IT SHALL OBTAIN AND MAINTAIN ALL INDIVIDUAL AUTHORISATIONS, LICENCES AND CLEARANCES NECESSARY OR ADVISABLE FOR THE DISPLAY, SALE AND SUB-LICENSING OF THE CONTENT;

  2. DOES NOT VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION (INCLUDING THE LAWS AND REGULATIONS GOVERNING EXPORT CONTROL);

  3. IS NOT DEFAMATORY, TRADE LIBELLOUS, UNLAWFULLY THREATENING OR UNLAWFULLY HARASSING;

  4. DOES NOT VIOLATE ANY LAWS REGARDING UNFAIR COMPETITION, ANTI-DISCRIMINATION OR FALSE ADVERTISING;

  5. DOES NOT CONTAIN ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCEL BOTS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION; AND

  6. CONTAINS NO DISABLING PROGRAMS OR DEVICES.

NOTHING IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM KONTRABAND'S NEGLIGENCE, A FRAUDULENT MISREPRESENTATION MADE BY KONTRABAND OR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER LAW. SUBJECT TO THE PRECEDING SENTENCE, THE ENTIRE RISK ARISING OUT OF THE DISPLAY OF YOUR CONTENT ON THE WEBSITE REMAINS WITH YOU. KONTRABAND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS (WHETHER DIRECT OR INDIRECT) OF PROFITS, GOODWILL, BUSINESS OR ANTICIPATED SAVINGS, FOR LOSS OF PROGRAMS OR DATA, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE IN RELATION TO THE DISPLAY OF YOUR CONTENT ON THE WEBSITE EVEN IF KONTRABAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CERTAIN KINDS OF LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. OTHER JURISDICTIONS, ALLOW LIMITATIONS AND EXCLUSIONS SUBJECT TO CERTAIN CONDITIONS. IN SUCH A CASE THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF SUCH APPLICABLE JURISDICTIONS. IF ANY PART OF THE ABOVE LIMITATIONS OR EXCLUSIONS IS HELD TO BE VOID OR UNENFORCEABLE, SUCH PART SHALL BE DEEMED TO BE DELETED FROM THIS AGREEMENT AND THE REMAINDER OF THE LIMITATION OR EXCLUSION SHALL CONTINUE IN FULL FORCE AND EFFECT.
 7. INDEMNITY. YOU SHALL INDEMNIFY KONTRABAND AGAINST ANY AND ALL ACTIONS, CLAIMS, COSTS (INCLUDING LEGAL COSTS), DAMAGES, DEMANDS AND EXPENSES BROUGHT AGAINST, SUFFERED OR INCURRED BY KONTRABAND AS A RESULT OF THE DISPLAY OF YOUR CONTENT ON THE WEBSITE AND ANY BREACH OR NON-OBSERVANCE BY YOU OF ANY OF YOUR AGREEMENTS, UNDERTAKINGS, REPRESENTATIONS OR WARRANTIES SET FORTH IN THIS AGREEMENT.
 8. ASSIGNMENT: Kontraband may assign, sub-license, sub-contract or transfer any of its rights or obligations this Agreement to, or allow the exercise of its rights under this Agreement by any third party, and you acknowledge that Kontraband includes Kontraband, its sub-contractors, successors and assignees.
 9. CO-OPERATION: You agree to afford every co-operation to and compliance with all reasonable requests of Kontrabrand or its representative in respect of this Agreement. If you become aware of any actual or suspected unauthorised use or infringement of the Content (including any Intellectual Property Rights or confidential information relating thereto) or any infringement of the Content, you shall promptly notify Kontraband. Kontraband shall, at its sole cost and expense, have first option to take such action (including without limitation, bringing a suit against such third party) as may be reasonably required in order to protect fully the Content (including any related Intellectual Property Rights). In such event, you (at Kontraband's sole cost and expense) shall provide any assistance in the prosecution of such action reasonably requested by Kontraband, including (if necessary) assigning to Kontraband your right to prevent and protect against the unauthorised use or infringement of the rights referred to in Condition 2.
 10. CONFIDENTIALITY: Each party shall keep confidential:-
  1. the terms of this Agreement; and

  2. any and all confidential information that it may acquire in relation to the business or affairs of the other party. Neither party shall use the other's confidential information for any purpose other than to perform its obligations under this Agreement. The obligations on each party under this Condition shall not apply to any information which is publicly available through no act or omission of that party or a party is required to disclose by order of a court of competent jurisdiction or a regulatory body.
 11. MISCELLANEOUS: No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise thereof or the exercise of any other rights, powers or privilege. This Agreement constitutes the entire agreement between the parties hereto and no amendment or discharge of this Agreement or of any of its terms shall be valid unless in writing and signed by an authorised signatory of each of the parties hereto. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership between the parties hereto and, save as contained herein, neither party shall have any authority to bind the other in any way. This Agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
 12. GOVERNING LAW: This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales, to which the parties hereby submit.
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