The Ruckus

By submitting your audio/visual content, (the “Content”) to Ruckus Revolution, LLC d/b/a TheRuckus.com (“TheRuckus.com”), you, the content provider (the “Provider”), acknowledge that you have reviewed and agreed to this Content License Agreement:

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged:

Rights Granted. Provider grants TheRuckus.com, its successors, subsidiaries, parent and related companies, licencees, assignees, and third parties acting on TheRuckus.com’s behalf:

1) the non-exclusive right to offer Provider’s submitted Content for streaming and download (as such terms are understood in the United States of America Internet industry during the Term hereof) by all current and future forms of digital delivery, in all formats. The forgoing includes, but is not limited to the right to publicly and privately use, perform, post, distribute, display, edit, copy, publish, translate, promote, and license the Content for free or for a fee, reproduce, license, and distribute, broadcast, promote and exhibit the Content on mobile devices, websites and other forms of online and wireless access, including IPTV, and through any future means or methods of downloading and/or streaming now known or hereinafter devised.
2) the non-exclusive right to use, exhibit, license, distribute and exploit the Content, in whole or in part, alone or in combination with other content or material, in any and all digital media now known or in the future devised, for any purpose whatsoever and the right to edit or format the Content for such use.
3) the right to use the Content, portions of the Content and/or individual audio or visual elements of your Content at our sole discretion in the promotion of the Content or TheRuckus.com in perpetuity without any payment to you.
4) the right to format your Content for size, sound, and/or file format to be suitable for playback on different devices.

Without limitation, the forgoing includes the right of TheRuckus.com to grant perpetual license to end users to reproduce and store the Content on fixed media and/or mass storage devices and to perform, display and exhibit such Content.

Territory. The rights granted hereunder shall be worldwide.

Term. The rights granted hereunder shall commence on the date of Provider’s acceptance of this Agreement and expire two (2) years from the successful delivery of the Content to TheRuckus.com in TheRuckus.com’s sole discretion. At the end of this initial two year period, this Agreement will automatically continue on an annual basis until either TheRuckus.com or the Provider cancels it, in writing, on thirty (30) days notice.

Services provided by TheRuckus.com. After Provider uploads Content through TheRuckus.com.com or other digital means, TheRuckus.com screens your submission along with others and picks the best content to be viewed on TheRuckus.com.and our various distributor partners, including third-party web sites and wireless carriers, as well any other platforms and media that we support. TheRuckus.com has sole discretion to select which submissions to offer or not to offer. Through TheRuckus.com, selected Content may be organized into genres, individually branded channels, or categorized by some other metric; as well as made searchable by user provided tags. TheRuckus.com may market TheRuckus.com, its products and services, and in some instances your Content, to promote usage and carriage of TheRuckus.com on all platforms and media. TheRuckus.com reserves the right in its sole discretion to reuse or reject any Content submitted including but not limited to the right to post, not post, or remove any Content or features with or without notice for any or no reason. Additionally, in no event will TheRuckus.com be obligated to return any submitted Content to the Provider.

Delivery. If your video file is under 200MB you will be able to upload video directly to TheRuckus.com.com.  If your file is larger than 200MB or you are submitting a web series, you will need to get your file(s) to us by either (a) FTP or (b) Mail.  Supported file formats include Windows Media (.wmv), Audio Video Interleave (.avi), QuickTime (.mov), MPEG 1/2/4 (.mpg, .mpeg), 3rd Generation Partnership Project (.3GPP), DVD, and Digital Video. While TheRuckus.com may make reasonable efforts to protect and manage the digital rights of Content on TheRuckus.com, we do not guarantee that illegal pirating, copying, or use can be avoided in all instances. Provider understands the risk of making available any digital content and will not hold liable TheRuckus.com for any such unauthorized use by a third party.

Right to reject or remove Content. In the event that your Content is deemed, in TheRuckus.com’s sole discretion, to be offensive, defamatory, malicious, or otherwise an infringement upon the rights of, or insulting to, third parties, TheRuckus.com shall have the right to remove such Content from the website and withdraw it from distribution.

Representations and Warranties. By submitting Content to TheRuckus.com, Provider warrants and represents that Provider has irrevocable permission to use and transfer all elements of the Content, including but not limited to ideas, music, video, literary material, images, photographs, likenesses, locations, software or any other material or work performed in the creation of the Content, tangible or intangible, on a non exclusive, perpetual, and royalty free basis, including all elements collectively as a single work. Provider has complied with all copyright, intellectual property laws, and other U.S. and international law, and will not upload Content that violates intellectual property rights, infringes the privacy of others, or contains illegal material. Provider represents and warrants that Provider has all rights necessary to publish and distribute any Content that Provider submits to TheRuckus.com and has obtained waivers of moral rights from all applicable rightsholders. Provider indemnifies TheRuckus.com, its successors, licensees, assigns, attorneys, employees and partners from any and all claims, demands or liability arising from the Content and/or Provider’s breach of any representation, warranty, term or condition of this Agreement. Provider expressly acknowledges and agrees that Provider is solely responsible for any materials Provider uploads to TheRuckus.com.com. TheRuckus.com and Provider each warrant that they each have the right to enter into this Agreement unencumbered and to carry out its terms. Provider represents and warrants that Provider is over the age of 18, and, if Provider lives in a state/province where the age of majority is older than 18, Provider represents and warrants that Provider is over the age of majority, and as such is able to agree to the terms and conditions set out herein. This Agreement does not and is not intended to create any confidential or fiduciary duties between TheRuckus.com and Provider. Provider indemnifies and holds TheRuckus.com harmless from and represents and warrants that Provider is solely responsible for any suits, claims, demands, costs and expenses (including, but not limited to, reasonable attorney’s fees arising from such as caused by Provider), liabilities, damages, or harm arising from violations of any third party’s personal rights (including but not limited to, privacy, defamation, false light) or property right (including but not limited to intellectual property, copyright, or trademark) as a result of TheRuckus.com’s use, exhibition, display, broadcast, distribution, or use of the Content by TheRuckus.com.  YOU, THE CONTENT PROVIDER, MUST OWN, OR HAVE WRITTEN PERMISSION TO USE ON ALL DIGITAL FORMATS AND IN ALL MEDIA, ANY AND ALL CONTENT THAT YOU SUBMIT, AS INDIVIDUAL COMPONENTS AND IN THE CONTEXT OF YOUR SUBMISSION. YOU MUST ALSO ACCEPT THERUCKUS.COM’S FULL TERMS AND CONDITIONS OF USE AND FOLLOW THE SUBMISSION GUIDELINES AS PRESENTED ON http://www.TheRuckus.com.

Arbitration. Any claim arising from this Agreement will be resolved by mediation, and if no resolution results, then through binding arbitration conducted by JAMS. The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. Any proceedings held pursuant to this Agreement shall be conducted in New York.