By checking the “I Agree” box and clicking the “Send” button to submit the information you provided in the form above, including without limitation the certain image (if applicable) that you upload with this form (collectively the “Content”), intending to be legally bound, in consideration of the potential publicity and promotional value that may be associated with the possible use or other further dissemination of the Content by Entercom Austin, LLC d/b/a Mix 94.7, Majic 95.5, and 963 RnB (collectively the “Station”), you (the “Submitter”) represent and warrant and/or acknowledge and agree as follows (the “Agreement”):
- Submitter affirms that he/she is at least eighteen (18) years of age at the time of this submission, and to the extent that a minor (i.e., 17 years of age or younger; not yet 18 years of age) is depicted in any Content, Submitter affirms that he/she is both (i) the parent or legal guardian of the minor, and (ii) at least eighteen (18) years of age or older.
- Submitter affirms that his/her submission of the Content, entering into this Agreement, and Entercom’s use of the Content in accordance with the terms and conditions of this Agreement, (i) does not violate the rights of any third party; and (ii) will not result in a breach of, and does not otherwise violate, any agreement or understanding with another party (including without limitation former or current employers of Submitter), or any policies and procedures that govern Submitter.
- The Content does not contain or convey any matter that may be considered, and that Station may determine at its sole discretion, subjectively or otherwise, (i) to be indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, hateful or fraudulent, (ii) to be racially, ethnically, or otherwise offensive or objectionable, (iii) to encourage unlawful behavior, (iv) to infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to a third party, or (v) to disclose any detailed personal, physical, contact, or otherwise confidential information that may belong to a third party.
- Submitter hereby irrevocably grants to Station, a perpetual, transferable, royalty-free license to use, publish, publicly perform, publicly display, broadcast, transmit, and exploit the submitted Content via any medium, including without limitation, terrestrial radio, satellite radio, cable, print, TV and the Internet (e., Station website(s) and third party websites such as Facebook or Twitter, Instagram, or YouTube, and/or social media pages, and/or viral distribution through email or other means of sharing), for any and all advertising, marketing, endorsement, commercial and trade purposes whatsoever (including but not limited to advertising, promoting or publicizing Station, and/or its radio stations, products and services or its sponsors), in any manner, by any means, whether now known or hereafter devised, as well as the right to edit, alter, or otherwise use the Content in whole or in part, alone or in compilation with content provided by third parties, and for any of which I shall receive no payment of any additional compensation; and in so doing, I respectively waive any potential claims against Station or any of its affiliates with respect to any such usage and/or editing in whole, or in part, alone or in compilation with content provided by third parties.
- Submitter hereby releases and discharges Station, its parents, subsidiaries, and affiliated companies, and their respective officers, directors, members, managers, employees, agents and representatives as well as each of its sponsors and/or producers (and their respective officers, directors, members, managers, employees, agents and representatives) (collectively the “Releasees”) from any and all claims, manner of actions, causes of action, suits, debts, accounts, contracts, agreements, controversies, judgments, damages, liabilities and demands of any nature for compensation, damages, or injury, including but not limited to claims for libel, false light, invasion of privacy, or other infringements of personal, property or proprietary rights of any nature, foreseen or unforeseen, (i) associated with or arising out of the commercial or other uses of these Content regardless of the nature of such use; and (ii) which Submitter ever had, now has, or hereafter can, shall or may have against Releasees, in connection with, or by reason of a result of, the submission.
- Submitter will indemnify and hold harmless Entercom, and its affiliates, parent companies, subsidiaries, officers, shareholders, directors, members, managers, employees, agents, representatives, successors, and assigns (collectively “Entercom Entities”) against any and all loss, liability, claims, damages and other expenses, including reasonable attorneys fees, arising from: (a) Entercom’s use of the Content under this Agreement; (b) any act or omission by Submitter; and (c) any breach of Submitter’s representations and warranties in this Agreement.
- Except to the extent contained in the Content, Entercom will not disclose any other personally identifiable information to the public, unless it is necessary to: (i) conform to regulatory and legal requirements or comply with the legal process; (ii) protect the safety and security of its users, employees, or property; (iii) to defend the rights of the Entercom Entities; or (iv) enforce this Agreement.