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ONLINE AUDITION APPLICATION & SUBMISSION AGREEMENT

READ THIS: Please read this agreement carefully because it is a legally binding agreement ("Agreement") regarding your use of the Pick Up Artist 2 on-line audition website at www.pickupartist2casting.com (the "Service") operated by VH1 ("VH1") for and in connection with your submission of a Video Audition (as defined below) for the reality television show entitled "Pick Up Artist 2" (referred to herein as the "Program").  When you type your name and click (select) the "I Accept" box to upload your Video Audition, or by using or attempting to use this Service, you are signifying your agreement with and acceptance of all these terms and conditions as part of your legal and contractual relationship with us.

1.       Commitment to Participate: By participating in this audition and selection process, you are consenting to take part in the Program that will be produced by VH1, ("we", "us" or "Producer").  By submitting this video you are indicating that you are willing and able to adjust your schedule to participate in all rounds for which you are eligible. 

2.       Proof of Age: If you are selected to continue auditioning for the Program you will be required to produce two forms of identification that show proof that you were 21 years of age or older when your video was recorded (you must be 21 by June 1, 2008), including at least one form of photo ID and at least one form of government-issued ID (for example, you may furnish two of the following: a birth certificate, driver's license, passport, or school ID card).

3.       Consent to Investigate Your Background. As a condition of you being considered for participation in the program, you agree that Producer may conduct an investigation of your background (including psychological and/or medical exams, criminal background checks and/or research into your previous work background). You agree and consent to such background checks and research and will submit to any reasonable medical and/or psychological exams required of you that shall be conducted by licensed professionals of Producer's choosing.  You further understand that any decision by Producer to use or not use your services in connection with the program may, among other things, depend upon the satisfactory results (in the sole discretion of producer) of such medical, psychological and/or background check(s).

4.       Further Documentation: Upon Producer's request, you will furnish Producer with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement.  Additionally, you agree to execute a hard copy of this Agreement if requested to do so by Producer and to execute such further documents consistent herewith and do such other acts as may be reasonably required by Producer or its successors, licensees, or assignees to evidence or effectuate Producer's rights hereunder.

5.       Obligation to Correct Information.  You further agree that you have a continuing obligation to notify Producer if any information you submit to Producer, now or in the future, and or any of your representations and agreements in this Agreement are found or discovered to be incomplete, incorrect, untrue or inaccurate at any time.

6.       Audition Requirements:  You hereby acknowledge that you have read, understand, and shall follow all of the Audition Requirements which are made a part hereof by this reference.  You agree that you will fully comply with the Audition Requirements; and you will continue to fully comply with them. 

7.       Video Auditions:  A "Video Audition" is a video recording of yourself which complies with all of the provisions of the audition requirements, this Agreement, and the Terms of Use for the website.

8.       No Guarantee of Review:  Every Video Audition which is submitted through the Service and which complies with the audition requirements and this Agreement is eligible for consideration in connection with determining whether you will participate in the Program.  However, you explicitly acknowledge that any video audition you submit may or may not be viewed, in part or in whole, by VH1, the voting audience, the panel of judges or anyone else.

9.       Non-Exclusive License: You irrevocably grant Producer (and its successors, assigns and licensees) the unrestricted, non-exclusive, royalty-free, perpetual, transferable, irrevocable, worldwide license and right to use and otherwise exploit your Video Audition (and/or any other materials you provide Producer through the Service or otherwise), including, without limitation, your performance of any Song as embodied therein, your Likeness (as defined below) as embodied therein, any title thereof, in whole or in part, and all copyrights, trademarks, moral rights or "droit moral" and other intellectual property and proprietary rights therein, in any and all markets throughout the world, in all media, platforms, manners, and forms whether now or hereafter existing (including, without limitation, distribution by or through broadcast, cable, satellite, website, mobile device or otherwise), on a gratis (i.e., free, no-charge) basis commencing on the date you submit the Video Audition to Producer.  Without limiting the generality of the foregoing, you acknowledge and agree that Producer's rights shall include, without limitation, the right to: (a) publicly perform, in any language, any and all of your performance as embodied in the Video Audition, to store the Video Audition, distribute the Video Audition via any and all Internet exploitation methods; (b) reproduce, store, broadcast, transmit, stream, exhibit, distribute and otherwise exploit any and all of the Video Audition and/or any excepts therefrom in whole or in part, alone or in compilations with recordings of other performances by other participants, all at Producer's sole discretion; (c) edit, juxtapose, alter, modify, or rearrange any portion of the Video Audition, and/or add narration, voiceover, sound, and/or music, all at Producer's sole discretion; (d) exploit, in any and all media the Video Audition and any excerpts therefrom, whether in video format or in audio format only (e.g., exploit Artist's vocal performance without the accompanying video or image of such performance); and (e) to authorize third parties to engage in any of the foregoing activities.  For the avoidance of doubt, the license granted pursuant to this agreement is subject solely to the terms and conditions of this agreement and supersedes any creative licenses previously granted.  Nothing herein shall be deemed to require Producer to use any of the Video Audition, your performances in or in connection with the Program, the Service and/or in any other manner.

10.   Likeness: You hereby agree that Producer (and its successors, assigns and licensees) may use and reuse your name, likeness, voice, personality, biographical information, image, performance, actions, statements or expressions (collectively "Likeness") in and in connection with the Program, the Video Audition, and in the marketing and promotion of the Program and any of the networks on which it is exhibited, and in connection with activities related to the Program, including, without limitation, posting your Video Audition on the Service and/or related web sites throughout the world, in any language, in any and all media, platforms, manners, and forms whether now or hereafter existing (including, without limitation, distribution by or through broadcast, cable, satellite, website, mobile device or otherwise).  You further agree that any depiction and use of your Likeness shall be at Producer’s (and its successors', assigns' and licensees') sole discretion, and they may edit, cut, dub, modify and rearrange the recordings of your Likeness and juxtapose such recordings of your Likeness with other materials, all in their sole discretion.

11.   Submission Acknowledgement:  You acknowledge that, included within the Video Audition may be materials, proposals, suggestions, concepts and the like (the "Materials").  You agree and acknowledge both that Producer receives numerous submissions of similar, equivalent or even identical concepts, suggestions, information or material from many parties and/or may have already developed and/or considered similar, equivalent or identical concepts to those contained in the Video Audition and that Producer's review of the Video Audition is not an admission of novelty, priority or originality.  You will not be entitled to any compensation because of the use of, or because of the manner associated with, any concepts, suggestions, information or material that is similar, equivalent or even identical to the Material and even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar, equivalent or identical to that contained in any Video Audition or other submission you have made, you agree that it is purely coincidental and unavoidable. 

12.   Representations and Warranties: You represent and warrant that: (a) you are a legal resident of the United States and are at least 21 years of age (b) you have full right, power and authority to enter into, fully perform and grant the rights granted by you in this Agreement, and by entering into, fully performing and granting the rights granted by you in this Agreement, it is not and shall not be in violation of the terms of any agreement or understanding to which you are party, (c) you own or control 100% of the rights, including copyrights, in the Video Audition and any other materials your provide Producer, (d) the Video Audition and all other materials you provide Producer do not and shall not infringe upon the rights or interests of any third party, (e) all elements within the Video Audition or any other material you provide Producer are either original with you, or you have the right to grant the rights set forth in this Agreement in connection with such elements, (f) the Video Audition and/or any other materials you provide Producer is free and clear of any liens or claims with respect to the use of such Video Audition in the manner authorized herein, (g) Producer's use of the Video Audition and/or any other materials you provide Producer will not give rise to any claims of infringement, invasion of privacy or publicity or claims for payment of re-use fees, residuals or license fees, (h) all of the information you submit to Producer in connection with your Video Audition, now or in the future, is and shall be complete, correct, true and accurate and (i) all persons engaged by you to work on the Video Audition and/or other materials you provide Producer: (A) have no payment claims, (B) have no rights of approval or consultation and no participation rights whatsoever, and (C) are not engaged pursuant to any union or guild agreement that results in any ongoing obligations resulting from the exploitation of the Video Audition and/or any other materials you provide Producer. 

By providing your Video Audition, you are agreeing, confirming and representing to Producer that neither you nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct that (A) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property, (B) may or is likely to create a risk of any other loss or damage to person, living things or property, (C) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil action) or the violation or infringement of the rights of any other party or (D) violates any of the terms or conditions of this Agreement. 

13.   Liability for Content: You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any.  In no event shall Producer have or be construed to have any responsibility or liability for or in connection with of your Video Audition and/or any other material your provide Producer.  If Producer determines, in its sole discretion, you or your Video Audition, or any other material you submit, violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) disqualify you from the Program, (b) remove and delete your Video Audition and any other material you provide Producer, including from the Service, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password. 

You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as we deem appropriate, any "Unauthorized Content" which is defined as any material, including any Video Audition, that is or could be construed as violating any of the terms and conditions of this Agreement, and/or the Terms of Use of this Service and/or any Audition Requirements.  Producer reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you, any video that Producer deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to Producer, for any reason or for no reason whatsoever.  If Producer receives notice of any claim of infringement, Producer may immediately remove your Video Audition and/or other materials you provided Producer, or not remove your Video Audition and/or other materials in Producer's sole discretion.  Producer reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.  Producer will terminate the accounts of repeat copyright infringers in appropriate circumstances.

 

14.   Non-Interference with Service: You agree not to manipulate or interfere with the operation of the Service in any way including by use of any automated or manual system to manipulate any voting and/or ranking on the Service.  Producer reserves the right, in Producers sole discretion, to terminate the account of any user who Producer suspects of interfering with or manipulating the Service, to disqualify any Video Audition involved with the manipulations, and/or to report any manipulations or interference to the authorities when such action is warranted.

 

15.   Producer's Rights: You understand, acknowledge and agree that Producer shall not have any obligation to return to you or provide you with a copy of any Video Audition or any material you provide Producer, nor shall in any event Producer be liable for the loss, destruction, deletion, public performance or display, modification of any Video Audition.  You acknowledge and agree that VH1 shall be the exclusive owner of all copyright and other rights in and to the Program and any other material that VH1 creates that includes or is based upon your Video Audition or any other material you provide Producer, in whole or in part, and you shall have no right, title, or interest therein.  You agree that VH1 shall be able to use the Program forever and throughout the world, and to license others to use it, in any manner it wishes and in any and all media now known or hereafter discovered or developed.  Producer may discontinue the Service, Program, and/or auditioning process at any time, for any reason, without notice or liability. 

16.   Disclosure:  Any and all information disclosed to or obtained by you and/or your representatives, relatives and/or agents (each a "related party" and collectively the "related parties") concerning or relating to the program, including but not limited to the premise and concept of the program, the nature of certain events in the program, the artists participating in the program and other elements relating to pre-production and/or production of the program (collectively, the "confidential information"), shall be strictly confidential, and you hereby agree not to disclose, and to cause each of the related parties (if any) not to disclose, any such confidential information to any individual or entity until six (6) months following the initial U.S. broadcast of the program (the "non-disclosure period").  You acknowledge and agree that any disclosure of such confidential information by you or any related party in violation of this agreement shall constitute a material breach of this agreement and shall cause producer irreparable injury. In addition, you agree that in the event of such disclosure in violation of this agreement, producer shall have the right to seek, among other things, (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this agreement by you or any related party, (b) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, and (c) recovery of producer's attorneys' fees incurred to enforce this agreement.  Without limiting the generality of the restriction on the disclosure of confidential information as set forth herein, you shall avoid engaging in conversations related to the program in public places (including without limitation restrooms, elevators and restaurants) and on cellular telephones because such conversations may be overheard.  You shall inform producer immediately in the event any person or entity offers to pay or provide you or any related party with any form of compensation in exchange for the disclosure of confidential information.

17.   Choice of law. This agreement has been entered into in the state of New York and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the state of New York. You agree that any and all disputes or controversies arising under this agreement or any of its terms, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this agreement, or any provision thereof, shall be resolved by binding arbitration before a single, neutral arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration Association, under its commercial arbitration rules, through its New York, New York office. You agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties' attorneys and their staff, and any experts retained by the parties.

18.   Severability. To the extent that any of the provisions of this agreement, or any portion of any provision, shall be found to be illegal or unenforceable for any reason, that provision or portion of a provision shall be modified or deleted in such a manner so as to make this agreement as modified legally enforceable under applicable laws, and the balance of the agreement shall not be affected by that modification or deletion, the balance being construed as severable and independent.

19.   Indemnity and Release.

YOU HEREBY AGREE NOT TO SUE OR BRING ANY CAUSE OF ACTION AND IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE AND FOREVER DISCHARGE VH1, MTV NETWORKS, VIACOM INTERNATIONAL INC., OR ANY PERSON OR ENTITY CONNECTED WITH THE PRODUCTION, ADMINISTRATION OR JUDGING OF THE AUDITIONS, OR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES AND RELATED COMPANIES, (WHETHER OR NOT WHOLLY-OWNED), DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY (HEREINAFTER COLLECTIVELY REFERRED TO AS "RELEASEES"), FROM ANY AND ALL MANNER OF LIABILITIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH YOU (OR YOUR ASSIGNS, AGENTS AND/OR REPRESENTATIVES) EVER HAD, NOW HAS, OR IN THE FUTURE MAY HAVE AGAINST THE RELEASEES, INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATED TO ANY OF THE RELEASEES' USE OF YOUR VIDEO AUDITION, ANY OTHER MATERIAL YOU PROVIDE PRODUCER, ANY OF THE RELEASEES' USE OF YOUR LIKENESS, EXPLOITATION, ADVERTISING, MARKETING AND PROMOTION OF THE PROGRAM, OPERATION OF THE SERVICE AND/OR ANY RELATED OR ANCILLARY CONDUCT.  YOU FURTHER AGREE IN THE EVENT YOU BRING A CLAIM OR LAWSUIT IN VIOLATION OF THIS AGREEMENT, YOU SHALL BE LIABLE FOR ANY ATTORNEYS’ FEES AND COSTS INCURRED BY RELEASEES IN CONNECTION WITH SUCH CLAIM OR LAWSUIT.  IN NO EVENT SHALL YOU HAVE THE RIGHT TO ENJOIN THE DEVELOPMENT, PRODUCTION OR DISTRIBUTION OR EXPLOITATION OF THE PROGRAM OR OPERATION OF THE SERVICE.

20.   You agree at all times to defend, indemnify and hold Releasees, harmless from and against any and all liabilities, judgments, losses, claims, demands, costs, damages and expenses (including reasonable attorney's fees and legal costs) (individually and collectively "Claims") arising out of or relating to: (i) any breach or alleged breach of any representation, warranty or agreement made by you under this Agreement or any other agreement between you and Producer in connection with the Service, and (ii) your participation in the Service, including, without limitation, any statement or action made or taken by you during or in connection with your Video Audition.

21.  DISCLAIMERS OF WARRANTIES

THE SERVICE IS PROVIDED FOR YOUR USE "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO AUDITION, AND YOUR REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. RELEASEES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, OPERATION, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER, INCLUDING ANY WARRANTY THAT YOUR VIDEO AUDITION WILL BE RECEIVED OR VIEWED BY ANYONE.

22.  LIMITATIONS ON LIABILITY

THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SERVICE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. RELEASEES DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. RELEASEES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

23.   Miscellaneous.  It is understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Producer may assign this Agreement and all of its rights and/or obligations hereunder to any third party without restrictions.  You may not assign this agreement nor any of your rights and/or obligations hereunder to any third party.  This release shall be binding on all of your successors-in-interest and heirs. This Agreement, including the Terms of Use and Audition Requirements, shall supersede and replace all prior or contemporaneous communications (written or oral) between the parties and their representatives relating to the subject matter hereof and may only be modified or amended by a writing signed by both parties. This agreement does not constitute a partnership, joint venture or other relationship.  The paragraph headings used in this agreement are for convenience of reference only and shall not affect the meaning or interpretation of this agreement or any provision thereof.  All of Producer's rights and remedies as set forth in this Agreement are cumulative.

24.  ADDITIONAL TERMS

You represent and warrant that you have read, understand and shall follow the Terms of Use which are incorporated into this Agreement by this reference and the Audition Requirements.

You are granting the rights granted herein on a voluntary and unsolicited basis and you have not executed this Agreement in reliance upon any representation or promise, whether written or oral.

You acknowledge that everything stated in this application is true.