By clicking here, I am submitting a photo (the “Submitted Material”) of me watching & listening to “The Teens Network Daytime Show” (the “Program”) for consideration and possible use in the Program by The Teens Network Daytime Show Media Company (the “Producer”). I acknowledge and agree that, but for my agreement to the terms set forth herein, Producer would not agree to accept for consideration or use the Submitted Material. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby acknowledge and agree to the following (“Agreement”):
- I shall not receive any services, compensation, funding or credit for submitting the Submitted Material to Producer and understand that Producer may use the Submitted Material.
- I hereby grant to Producer and its respective direct and indirect parent, subsidiary, affiliated and related entities, and the respective owners, officers, directors, members, principals, agents, representatives, contractors, employees, licensees, successors and assigns of each of the foregoing, as well as any television network, television station, digital platform or other media exhibitor that exhibit or have the right to exhibit the Program (collectively, “Released Parties”), the perpetual, irrevocable right and license to distribute, broadcast, and otherwise exploit the Submitted Material, gratis, throughout the universe, in any and all manners, formats and media, whether now known or hereafter devised, in and in connection with the Program or otherwise, including, without limitation, the non-exclusive, fully paid, universal license to use, copy, digitize, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submitted Material, or any portion thereof, in any media now known or hereafter devised including, without limitation, the Program. I authorize the Released Parties, and any entities affiliated, related or in privity with Released Parties, to utilize on an non-exclusive basis, throughout the universe, in perpetuity and in any manner they see fit, the Submitted Material (including without limitation use in advertising, publicity, marketing, promotional and commercial tie-in purposes in connection with the Program, all allied, ancillary and subsidiary rights therein and thereto, or any other use in connection with the Program in all media now known or hereafter devised), and to make derivative works form such materials. I agree that such use shall be freely assignable by Producer and that Producer and Producer’s assignees and licensees shall have no obligation whatsoever to me. I hereby grant Producer permission to and Producer shall have the right and sole discretion to edit, alter, modify or change any part of the Submitted Material for any reason in connection with Producer’s (or Producer’s assignee’s or licensee’s) use thereof.
- I acknowledge that the Submitted Material is submitted voluntarily and not in confidence or in trust and that no confidential or fiduciary relationship is intended or created between Producer and me by reason of such submission or otherwise. Nothing in this Agreement, or the submission of the Submitted Material, shall be deemed to place Released Parties in any worse position than any member of the public with respect to the Submitted Material. Accordingly, without limiting any of the rights and releases I have granted herein, any part of the Submitted Material which could be freely used by any member of the public, may be used by Released Parties without liability to me or any other party claiming from or through me.
- I represent and warrant that the description provided above is true and accurate and that (i) I either solely own the Submitted Material, free of any lien or encumbrances, or have obtained all necessary rights to grant Released Parties the right and/or to permit Released Parties to use the Submitted Material in connection with the Program or otherwise, in any and all media, now known or thereafter devised, throughout the universe in perpetuity, and that I have all production, distribution and/or exploitation rights in and to the Submitted Material, including without limitation, all rights to the likeness, names, voices, and biographical information incorporated in the Submitted Material, any locations, any artwork, graphics, logos or other intellectual property, and any and all other elements or content in the Submitted Material (except with respect to those elements that are from the Program that are included in the Submitted Material); (ii) it is original with me and not based on any other material or source; (iii) the use and exploitation thereof will not violate or infringe any third party rights; and (iv) I have the right to submit and to offer such material to Released Parties without obligation to any third party, and the consent of no other person or entity is required for Released Parties to fully exploit the Submitted Material as provided herein. I further represent and warrant that I will not assert, maintain or assist any other person in asserting or maintaining against Released Parties any claim, action, suit or demand of any kind or nature whatsoever related to the use of the Submitted Material, including without limitation those grounded upon copyright, trademark or patent infringement, invasion of privacy or publicity rights, other civil rights, or any other ground in connection with the use of the Submitted Material in the Program or other productions. I further represent and warrant that I am competent to agree to all of the provisions of this Agreement.
- I agree that no obligation of any kind is assumed by Released Parties or may be implied against Released Parties (including, without limitation, any obligation to provide assistance, facilitate, pay money or fund me or any business venture) by reason of Released Parties’ receipt or potential or actual use of the Submitted Material or any discussions or negotiations I may have. Without limiting the foregoing, I specifically acknowledge and agree that: a) I do not and will not under any circumstances have or assert any so-called “idea submission” implied contract or similar claim against Released Parties; and b) Released Parties are free to use (i.e. Released Parties will not owe me any compensation, funding or other obligation for using) any portion of the Submitted Material.
- I assume any and all responsibility for any loss of the Submitted Material for any reason whatsoever, including without limitation, its destruction in connection with electronic submission (if permitted), mailed submission or otherwise. Released Parties shall have no obligation to view or use the Submitted Material, or to return them to me.
- I agree to defend (at Released Parties discretion), indemnify Released Parties and hold Released Parties harmless from and against all liability, actions, claims, demands, losses and damages (including attorney fees, costs and punitive damages) caused by or arising out of Released Parties’ use of the Submitted Material or any rights granted by me herein in any manner, or as a result of any breach or alleged breach of any of my representations or warranties herein, including but not limited to, those set forth in Paragraph 4, above.
- I am not now, nor have been in the past twelve (12) months, an employee or an independent contractor of Producer, and any entity owned, controlled or affiliated with these parties or any of their respective parents, subsidiaries or affiliated or related entities. Nothing in the application process is intended to create an employment relationship between me and any of the foregoing parties, and I agree that by applying to be considered for selection as a Participant, no such employment relationship is created or implied.
- Should any provision of this Agreement be void or unenforceable, such provision shall be deemed omitted, and this Agreement with such provision omitted shall remain in full force and effect.
- This Agreement is the full and complete understanding between the parties, and shall be binding on the parties and their respective successors, assigns, licensees and all affiliated and related parties. No statements or representations have been made, except for those expressly stated in this Agreement. This Agreement may only be modified in writing. The terms “I”, “me” or “my” refer to the party submitting the material, and any individual who may be competing for the benefit of such party, to Producer.
- Producer and Released Parties may freely assign, in whole or in part, their rights hereunder.
- This Agreement shall be interpreted in accordance with the laws of the Federal Republic of Nigeria applicable to agreements entered into and fully performed therein by residents of Lagos; excluding its conflict of laws principals.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.