Sound View Community Media, Inc. Access User Contract

1. Applicant has read the Access Rules, Procedures and Policies of Sound View Community Media, Inc. (SVCM) and agrees to abide by all the provisions contained therein.  SVCM's Access Rules, Procedures and Policies are hereby incorporated by reference and made part of this agreement.

2. Applicant warrants that it has obtained all necessary rights, including but not limited to music performance rights, and has obtained necessary clearances to transmit over SVCM's facilities all of the Applicant's program material without any liability of any nature accruing to SVCM.

3. Applicant warrants that the program will not contain any material that promotes or is designed to promote the sale of commercial products or services.

4. Applicant agrees that all program material submitted by Applicant for transmission over SVCM and Cablevision's system shall comply with the technical specifications set forth in Appendix 1 of the Access Rules, as amended from time to time.  Video and audio signals received for transmission via common carrier or private distribution means must comply with the technical specifications set forth in the Access Rules.

5. Applicant agrees to submit its program (the script, if the program is to be cablecast live or the completed tape if produced elsewhere) to SVCM.  SVCM may review the program to determine if:  (1) it contains commercial or promotional programming; (2) it meets the technical standards and compatibility requirements set forth in the Access Rules; and (3) it contains any materials which require the Applicant to obtain necessary rights and clearances.  In the event that a program is withdrawn by Applicant or a portion of the program is edited pursuant to Paragraph 3.f. of the Access Rules, or is rejected because it does not meet the technical standards or compatibility requirements, or because necessary clearances have not been obtained, charges, where applicable, for use of the studio and production facilities will still be due and payable.

6. Applicant assumes all responsibility as producer and/or originator of any of Applicant's programming carried on SVCM and Cablevision's system.  Applicant agrees to indemnify SVCM and/or any other cable television system over which Applicant's material is transmitted and disseminated, SVCM's affiliates, partners, officers, directors, servants, agents and/or employees or those of any other cable television system, and agrees to hold the aforesaid harmless from any liability, loss or damage or consequential damage, including all attorney's fees, costs, and disbursements, caused by or arising out of any material supplied by Applicant in connection with Applicant's utilization of the SVCM cablecasting equipment or facilities and/or access channel(s), including but not limited to any claim that any material submitted by Applicant (1) violates or infringes upon the rights, trade rights, music synchronization and performing rights or rights of privacy of any other owner, licensor, copyright holder or any writer, composer other person, corporation, partnership or entity, (2) constitutes libel or slander, or (3) violates any federal, state or local law, rule or regulation.

7. Applicant agrees to defend all actions to which any prior indemnity applies and to conduct the defense thereof at its own expense and by its own counsel.  SVCM shall have the right to participate in such defense by its own counsel at Applicant's expense, and Applicant agrees that it will cause its own counsel to cooperate with SVCM in such instances.

8. Applicant assumes all responsibility for the proper care of any studio equipment or facilities used by or on behalf of the Applicant, whether such use is in the studio or on location.  Applicant agrees to bear financial responsibility for the cost of repair or replacement of any equipment or facilities damaged during use by or on behalf of Applicant, or by any guest of Applicant.    

9. Applicant, individually, and, if applicable, on behalf of all members of the organization of which Applicant is a member, hereby releases SVCM, its successors and assigns, from any legal action, claims and demands whatsoever which the Applicant or its organization ever had, has and may have, which may arise against SVCM as a result of Applicant's or, if applicable, Applicant's organization's cablecast presentation on  SVCM and Cablevision cable system or the production of any material for said presentation, including, without limiting the generality of the foregoing, any mistakes, omissions, interruptions, delays, errors or defects in SVCM's or any other cable television system transmission of Applicant's program.    

10. In the event the program is produced with the use of the SVCM production facilities, the Applicant agrees that it will be cablecast over SVCM's access channels and will not be exploited for profit in any fashion.

11. Applicant may not utilize the name of SVCM in publicizing the program by any means whatsoever including, without limitation, radio, television, pamphlet, flyer, magazine or cable television without the prior written approval of SVCM.  Applicant further agrees to require any person or groups appearing on the program to agree to this provision specifically.  The Applicant and/or other party appearing on the program shall first submit the proposed copy of any advertisement mentioning SVCM to SVCM for its review.  SVCM shall not unreasonably withhold any consent referred to herein.

12. Applicant agrees that all payments, where applicable, for equipment, facilities or staff (other than that designated for access use) that are requested by Access User shall be either in cash or certified check and that all payments for use of SVCM staff, equipment, and facilities are due and payable upon receipt of an invoice from SVCM.  Applicant agrees to assume complete financial responsibility for its use of the SVCM facilities and equipment.

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Access User Contract

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