Photo Submission Agreement
BY CHECKING THE BOX THAT READS "I HAVE READ AND CONSENT TO THE TERMS OF THE PHOTO SUBMISSION AGREEMENT," I EXPRESSLY MAKE THE FOLLOWING REPRESENTATIONS AND WARRANTIES TO E! ENTERTAINMENT TELEVISION, INC., ITS PARENT COMPANY, SUBSIDIARIES AND ITS RELATED AND AFFILIATED ENTITIES (COLLECTIVELY, "E!"), AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS PHOTO SUBMISSION AGREEMENT (THE "AGREEMENT") IN CONNECTION WITH MY SUBMISSION OF A PHOTOGRAPH (YOUR "PHOTO") FOR POSSIBLE USE BY E!:
1. I acknowledge that E! is relying on the representations made by me in this Agreement. I further acknowledge that the personal information I have provided is true and accurate. I represent that the e-mail address that I have provided is my personal e-mail address, and I grant to E! permission to contact me directly by e-mail.
2. I confirm that:
- (a) I am a legal resident of one of the fifty (50) United States or the District of Columbia;
- (b) I am eighteen (18) years of age or older;
- (c) I am not represented by a talent agent or manager, am not a member of any guild and/or union (including, without limitation, SAG or AFTRA), and am not under an acting, modeling, merchandising or other contract, any of which would (in E!'s sole discretion) limit or impair E!'s ability to use my Photo unfettered, royalty-free, and without any union, guild, or other payments, in any media or form.
3. I understand and agree that my Photo and any other information provided to E! may be shown on television, the Internet or any other form of media now known or hereafter devised without compensation to me. I understand that E! may post my information or my Photo online and allow other online users to discuss me or my Photo. I understand that such discussions may include comments about me or the Photo that I may consider humiliating, derogatory or otherwise injurious. I hereby release E! from any actions, claims, injuries, losses or damages allegedly caused directly or indirectly by any such comments.
4. I represent and warrant that the use of my Photo by E! will not violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property right, or any other right of any person or entity.
5. I hereby grant to E!, E!'s licensees and assigns and each of their respective affiliated and related entities the following worldwide, royalty-free, paid-up, and unencumbered rights:
- (a) to use my name, likeness, persona, voice, biographical and other information, and my Photo without notice, compensation, review or approval, in any and all media now or hereafter known, throughout the world, by any and all manners and methods, and for any and all purposes or programs, now known or hereafter devised; and
- (b) to edit, translate, dub or alter, separate, mix, combine with other material, reuse and adapt any and all portions or elements of my Photo in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised, throughout the world, in any manner whatsoever and for any purpose in E!'s sole and absolute discretion, including, without limitation, for humorous or satirical effect.
6. I acknowledge that I have the full right and authority to enter into and fully perform this Agreement and to grant the rights granted herein.
7. I acknowledge that E! is not obligated to show or otherwise use the Photo.
8. In the event any other person or persons appear in the Photo with me, I represent and warrant that each such other person has given me permission to post the Photo online and that each such person has read and consented to the terms of this Photo Submission Agreement as to their own rights, grants and agreements.
9. I agree to indemnify, defend and hold harmless E! and its directors and employees against any claims arising from or based upon a breach of any of my representations and warranties contained herein or any other provision of this Photo Submission Agreement.
10. I hereby agree to submit generally and unconditionally to the personal and exclusive jurisdiction and venue of a court of competent jurisdiction located in the City of Los Angeles, Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
© 2008. E! Entertainment Television, Inc. All Rights Reserved. "E!," "style. network" and "The Real Wedding Crashers" are trademarks of E! Entertainment Television, Inc.