MNN Program Agreement Terms
Thank you for your interest in airing a program on one of MNN's five public access channels! Please review the programming agreement below before submitting your timeslot request form.
1. Channel User (“User”) assumes all responsibility as producer, originator, author, or distributor of any of the User’s programming carried on the designated Public Access Channels of Manhattan Community Access Corporation, d.b.a. Manhattan Neighborhood Network (“MNN”), or any system on which the programming is carried by MNN (collectively, the “Public Access Channels”). User agrees, as condition of the cablecast, to abide by MNN Programming Policies and to indemnify and hold harmless MNN or their respective directors, officers, employees and agents (“Indemnified Persons”) from all loss, liability and damage, including attorney costs, arising out of or caused by the cablecast or streaming of User’s program, including, but not limited to, libel, slander, indecency, obscenity, invasion of privacy or public rights, unauthorized use of copyright material or non-compliance with, or in violation of, any applicable local, state or federal laws, rules or regulations.
2. Without limiting the generality of the foregoing, User further agrees to indemnify, hold harmless, and defend the Indemnified Persons from any claims, liability, loss or damage of any nature whatsoever, including reasonable attorney costs, arising out of or in connection with any material carried on, transmitted or disseminated by the User on the Public Access Channels in violation of or infringement upon the rights, trade names, or the right of privacy of any other owner, licensor, copyright holder, writer, composer, person, corporation, partnership or legal entity.
3. User agrees to defend all actions to which any indemnity stated herein applies and to conduct defense thereof at its own expense and by its own counsel. MNN shall have the right to participate in such defense with counsel selected by it at the User’s expense and User agrees that it will cause its counsel to cooperate with MNN and its counsel.
4. User individually and, if applicable, on behalf of all members of the organization of which the User is a member, hereby releases MNN from any action, claim, and demand whatsoever which the User or its organization ever had, has, and may have against MNN or the other Indemnified Persons, in connection with the programming or delivery of material carried on the Public Access Channels including, any mistakes, omissions, interruptions in the cablecast or streaming of User’s material, changes in scheduling User’s material or failure to cablecast and/or stream such material, or unauthorized use of the User’s programming by third parties.
5. User warrants and represents that the program does not contain:
- solicitation, advertising, bartering, or promotion of commercial products, services or transactions;
- material that is, slanderous, libelous, an invasion of privacy or made unlawful;
- material that is obscene;
- material concerning lottery information, gift enterprise, or similar scheme;
- unlawful use of material requiring union residual, or other payment including but not limited to the talent and crew; or
- unlawful use of material that is copyrighted or subject to ownership or royalty rights, right of publicity, or other payment.
6. Media submitted for cablecast and/or streaming on the Public Access Channels are the property of the producer of record. Producer of record is identified as the User on the Program Agreement. Media can be removed from MNN without permission of the User as may be required by applicable law (including, but not limited to, subpoenas in legal proceedings).
7. User releases MNN, its directors and officers, agents, employees, and representatives and their respective successors and assigns from all liability if the program or material submitted is damaged, lost, altered or stolen (including, without limitation, unauthorized access and use by third parties of the User’s programs available in electronic format on MNN’s website or third party websites for streaming) while in their custody except in the case of gross negligence on the part of MNN resulting in damage or loss of submitted media.
8. Notwithstanding the foregoing, under no circumstances, including negligence, shall MNN be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Public Access Channels, MNN facilities, and/or the MNN websites, including without limitation use of or reliance on information available on the Public Access Channels and/or MNN websites, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non delivery of information, disclosure of communications, or any other failure of performance.
9. MNN provides the Public Access Channels and MNN websites on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. MNN does not warrant that any information is complete or accurate, that the Public Access Channels and/or all MNN digital profiles including but not limited to MNN's website, social media profiles, digital video channels, livestreams and associated chats will be uninterrupted or error free or that any information is free of rogue programming.