PCTV Media USE cONTENT aGREEMENT

I agree to grant to Pinole Community Television (PCTV) a non-exclusive unlimited right to cablecast any program I submit. PCTV may retain copies of material I submit. I understand PCTV is not responsible for the loss of any material I submit. I assume full responsibility for the content I submit and will ensure that such content will not violate the right of any third party. I have obtained all required approvals, clearances, licenses, trademarks, copyrights, etc., for the content I submit for cablecast, including approvals from all persons appearing in the content.

I agree to indemnify, defend and hold harmless PCTV, the City of Pinole, and their respective officials, agents, and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigations) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with these rules and procedures, any applicable laws, rules, regulations, or other requirements of local, state, or federal authorities, for claims of libel, slander, invasion of privacy, personal injury, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the use of the content I submit for cablecast. I hereby release any and all claims against PCTV and the City of Pinole arising in connection with the usage of my content.

I certifies that program material submitted to PCTV for cablecast will not contain:

• Material primarily designed to promote the sale of commercial products or services, unless specifically authorized by PCTV
• The solicitation of funds for any purpose, unless specifically authorized by PCTV
• Material that constitutes or promotes any lottery or gambling enterprise.
• Obscene material, defined by the U.S. Supreme Court in Miller v. California, 413 U.S. 15, 14 (1974): “a work which, taken as a whole, (1) appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.”
• Material that constitutes libel, slander, invasion of privacy, or publicity rights, unfair competition, violation of trademark or copyright, or that might otherwise violate any federal, state, or local law, regulation, or policy.
• “Hate speech” or “fighting words” which are defined by the U.S. Supreme Court as “those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.”