Terms and Conditions for Submitting User Generated Content on an Entercom Website
By checking the “I Agree” box in connection with the image(s) and/or video(s) that I am submitting (the “Content”), I (“I”, or “Submitter”) represent and warrant and/or acknowledge and agree to the following (the “Agreement”):
1. I represent and warrant that I am at least eighteen (18) years old, or to the extent that a minor is portrayed in the Content that I am such minor’s parent or legal guardian and at least eighteen (18) years old, and that if I am agreeing to the terms and conditions of this Agreement on behalf of a minor, I further represent and warrant that I have the legal authority to so agree on such individual’s behalf, and I acknowledge and agree that the terms of this Agreement shall apply equally to me and to all those on whose behalf I have the authority to represent.
2. I acknowledge and agree that submission of Content to Station does not obligate Station to use the Content.
3. I acknowledge and agree that if the Content is selected for use by Station, Station may use my full name and any description of the Content I may have provided for the purpose of identifying, promoting and/or generating publicity for the usage, for which I further acknowledge and agree that I shall not be entitled to any payment or any compensation.
4. I hereby irrevocably grant to Station, a perpetual, transferable, royalty-free license to use, publish, publicly perform, publicly display, broadcast, transmit, and exploit the Content, to the maximum extent permitted by applicable law, for free, for a fee or for sale, via any medium, including without limitation, terrestrial radio, satellite radio, cable, print, TV and the Internet (i.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 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.
5. I hereby represent and warrant to Station that the Content does not: (i) contain or convey any offensive or objectionable material, including without limitation material that would be considered indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, hateful, or racially or ethnically disparaging; (ii) encourage unlawful behavior; (iii) infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to any third party; (iv) 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 (v) disclose any detailed personal, physical, contact, or otherwise confidential information that may belong to a third party. I further acknowledge and agree that the Station may, but shall not be obligated to, edit and/or pixilate/cover any material(s) in the Content that Station determines in its sole discretion, subjective or otherwise to be in violation of this Agreement, which determination by Station of such matter is final and may not be appealed, and Station is not obligated to treat all Content identically.
6. I hereby release and discharge 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 “Released Parties”) 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 Released Parties, in connection with, or by reason of a result of, the submission.
7. I hereby agree to indemnify and hold harmless the Released Parties against any and all loss, liability, claims, damages and other expenses, including reasonable attorney’s fees, arising from: (a) Station’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.
8. I agree that if Content is selected for use by Station, Station may use Submitter’s full name, title of the Content, and city and state of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the usage. Except to the extent contained in the Content, Station 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.
9. I agree and acknowledge that Station may elect to use Content for entertainment purposes on-air and/or online, and may choose to comment on, mock, poke fun at, and/or mimic any Content submitted.
10. I understand and agree that in the exercise of the rights granted to Entercom in this Agreement, Entercom or its designees may, at their election, at any time and from time to time, exploit and turn to account any and all rights granted to Entercom hereunder, and the Content provided by Submitter, in any manner and by any means, whether now known or hereafter devised, including without limitation, by way of streaming, webcasting, podcasting, radio broadcasting or otherwise.
11. For purposes of this Agreement, “Content” shall include all elements of the submission, including any music or other copyrighted elements that may be contained therein.
12. I have read this Agreement and fully understand its contents. This Agreement shall be governed by and construed in accordance with the laws of the State in which the Station is located without application of conflict of laws principles. I agree that all disputes arising under this Agreement will be litigated and adjudicated exclusively in the State in which the Station is located. I intend for the Station to rely upon the representations, warranties, affirmations, acknowledgements, and covenants which I have made to the Station herein.