*AKAKU’S CABLECAST & WEBCAST AGREEMENT*
I have read and am thoroughly familiar with the Operating Policies established by Akaku : Maui Community Media , (hereafter called Akaku) and agree to abide by them.
I am thoroughly familiar with the contents of the proposed program and agree that it will comply with applicable Federal and State statutes and regulations with regard to cable programming and Akaku ’s policies and procedures. I warrant that it will not contain:
a) Obscene matter, as defined by law;
b) Matter intended to defraud the viewer or designed to obtain money by false or fraudulent pretenses, representations, or
c) Matter which invades the privacy of a private citizen;
d) Libelous or slanderous matter, as defined by law;
e) Information concerning any lottery, gift enterprise or similar scheme, offering prizes dependent in whole or in part upon
lot or chance, or any list of prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list
contains any part or all of such prizes;
f) Phone numbers, unless the number belongs to a certified 501c(3) non-profit organization. Written documentation of nonprofit
status must be made available upon request.
g) Material designed or intended to promote the sale of commercial products, trade or services;
h) Material containing any direct appeal for contributions of funds, support, or other property of value, even if the appeal is for
a tax-exempt, non-profit entity;
i) Audio or visual reference to any business, service or product for which any economic consideration was received by anyone in exchange for the display, announcement and/or reference to such business, enterprise, product or service, with the exception of program sponsorship and support as established in Akaku’s policies and procedures.
As the producer/presenter, I assume full responsibility for the content of all program material, created or included, produced and will ensure that such program material will not violate the rights of any third party.
I have obtained all approvals, clearances, licenses, etc. for the use of any program material that I am submitting for cablecast. This includes but is not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers’ representatives, all persons appearing in or referred to in the program material, and any other approvals that may be necessary to transmit the program material over Akaku’s cable access channel(s), internet channels, wireline and wireless delivery systems or distribution methods currently in use or yet to be invented.
I agree to indemnify, defend, and hold harmless the State of Hawaii, Time Warner and Akaku: Maui Community Media , Project YBeam, Mauitube.org, and their agents, affiliates, employees and representatives from any and all liability and injury (including reasonable fees and costs incurred in defending claims) arising from, or in connection with: claims for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer including union residuals or other payment for any purpose whatsoever, and for any other injury or damage, in law or equity, where claims result from the producer’s utilization of Akakū ’s services, equipment, facilities, and cable access channels. I understand that I may be criminally or civilly liable for producing or presenting such material for transmission.
I will not make any representations to others that I am an employee, representative or agent of Akaku or its affiliates nor will I make such representations on behalf of any other person involved with my production.
I agree that the proposed use of facilities and equipment is for the exclusive purpose of creating television programming to be transmitted via Akakū ’s access channel(s), internet channels, mobile devices or any transmission devices and methods currently in use or yet to be invented.
I agree to pay the costs to repair or replace the equipment or materials which are damaged, misused or lost, while such equipment or materials are in my possession or control. I understand the penalties that apply if I do not return equipment or materials on time.
I hereby grant Akaku permission to copy the proposed program, to cablecast, broadcast, webcast or otherwise transmit the proposed program for an unlimited number of showings, on a non-exclusive basis, and to take excerpts for use in Akaku samplers of Akaku programming, except when negotiated otherwise. Such negotiations shall be mutually agreed upon and confirmed in writing.
I understand that false or misleading statements made in this application are grounds for forfeiture of the privilege to use Akaku production equipment and facilities and/or cable channel(s).
Any damage or loss to the program matter submitted by me even though due to negligence or other fault of Akaku, its agents, employees representatives and affiliates will only entitle me to a like amount of blank media. Except for such replacement, the acceptance of media is without other warranty or liability and recovery for any incidental or consequential damages is excluded.
No modification, amendment, extension or waiver of this agreement will be binding upon Akaku or me unless in it is made in writing and agreed to by producer/presenter and Akaku.
Akaku’s complete Operating Policies are available at our Kahului and Moloka‘i Facilities.