Photo Submission Agreement
BY CHECKING THE BOX THAT READS "I HAVE READ AND CONSENT TO THE PHOTO SUBMISSION AGREEMENT," YOU EXPRESSLY MAKE THE FOLLOWING REPRESENTATIONS AND WARRANTIES TO E! ENTERTAINMENT TELEVISION, INC., ITS PARENT COMPANIES, 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 YOUR 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 hereby irrevocably convey, transfer, assign, and deliver to E! and E!'s successors, assignees and licensees all right, title and interest in and to the Photo, throughout the world, including all copyrights, all assignable moral rights, and all other legal and equitable rights in the Photo, including, without limitation, the exclusive rights to make, use, reproduce, prepare derivative works based upon, perform, display, license, exploit, sell, or otherwise dispose of, the Photo and related materials, as well as copies thereof, in any manner and for any purpose that E!, in E!'s sole discretion, may see fit.
4. I understand and agree that my Photo may be shown on television, the Internet or any other form of media now known or hereafter devised without compensation to me.
5. I represent and warrant that the use of my Photo by E! will violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights, or any other rights of any person or entity.
6. I irrevocably grant to E!, E!'s promotional partners and third party marketing entities and their respective affiliated and related entities the following perpetual, worldwide, royalty-free, paid-up, and unencumbered rights.
(a) to use my name, likeness, persona, photograph, 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, in perpetuity, 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, even if the results may be considered embarrassing, derogatory, or otherwise offensive or injurious to me or other third parties.
7. 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.
8. I acknowledge that E! is not obligated to show or otherwise use the Photo.
9. 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.
10. In the event any other person or persons appear in the Photo with me, I represent and warrant that each such other person has also read and consented to the terms of this Photo Submission Agreement as to their own rights, grants and agreements.