Sophie @ 103.7 - Click-Through Agreement

Click-Through Agreement

Please read the below:

Submitter hereby provides an electronic image or photograph (“Photograph”) via the online submission form at www.radiosophie.com to CBS Radio Inc., (“CBS Radio”), owner and operator of Radio Station KSCF(FM) (“Station”) under the following terms (“Agreement”), and in consideration of the potential publicity and promotional value to submitter from CBS Radio’s possible broadcast, internet transmission, or other further dissemination of the Photograph(s):

I consent to the unrestricted use, publication, scanning, editing, cropping, resizing, viewing, broadcast, distribution, reproduction, display, and/or duplication of the Photograph(s) by CBS Radio, the Station or their affiliated entities (the “Released Parties”) for advertising and publicity purposes relating to CBS Radio or the Station or any of their affiliated entities, or for any other lawful purpose, in any media now known or hereinafter invented without any additional financial or other compensation.  Under no circumstances will the Released Parties be held liable or responsible for the content of the Photograph(s) or for the authorized or unauthorized use, editing, viewing, broadcast, distribution and/or duplication of the Photograph(s).  I consent to the use of the Photograph(s) or for any other lawful purpose, in any media now known or hereinafter invented without further notice or permission.  I understand and agree that I have no right to approve or control the manner in which the Photograph(s) may be used or displayed.

I acknowledge that CBS Radio is and shall be the sole and exclusive owner of the Photograph(s) and shall have the right to exploit the Photograph(s).  I understand that the use and exploitation of the Photograph(s) may subject me to risk of notoriety, publicity, ridicule, scorn and/or indignity.

I certify i) that the Photograph is my original work and that submission of the Photograph does not infringe upon anyone’s rights or ownership of the Photograph or that which is depicted in the Photograph, ii) that the Photograph has been taken legally and that I have not trespassed or intruded upon anyone’s rights in taking the Photograph, iii) that I have the legal rights to the Photograph, including the legal right to photograph and submit the objects, material, or the substance in the Photograph and to the portrayal and depiction of the objects, material or the substance in the Photograph, iv) that permission was granted, including the right, but not the obligation, to photograph the premises, property or material in the Photograph, v) that the owner, either individual or business, its assigns, agents, licensees, affiliates, clients, principals, and representatives have granted me the absolute right and permission to use, exhibit, display, print, reproduce, or distribute, for any lawful purpose, in whole or in part, through any means without limitation, any Photograph containing the premises, property or material, all without inspection or further consent or approval of the finished Photographic product or of the use to which it may be applied.

Submitter represents and warrants the following:

Submission of the Photograph does not violate any agreement or understanding in place with another party, including other organizations, and former or current employers, or their policies and procedures or the like that govern Submitter.
The Photograph(s) is Submitter’s own creation and Submitter owns all rights in and to the Photograph(s), including, but not limited to, copyrights, digital rights and publicity rights.  If Submitter is not the holder of such rights, the holder of them has completely and effectively waived all such rights and validly and irrevocably granted to Submitter the right to grant the license set forth in this Agreement.
The Photograph(s) is not indecent, illegal, pornographic, sexually explicit, or offensive and does not contain material showing aberrational behavior, graphic violence or drug abuse.  The Photograph(s) does not defame, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.
The Photograph(s) does not violate any law, rule, or regulation of any governmental entity.
The Photograph(s) is not subject to any obligation of confidentiality.  
Submitter has not accepted or agreed to accept, or paid or agreed to pay, any money, service or other valuable consideration for the inclusion of any matter in the Photograph(s).

I AGREE THAT I WILL NOT MAKE ANY CLAIM AGAINST CBS RADIO, THE STATIONS, THEIR LICENSEE, CBS RADIO INC., ITS PARENT CORPORATION, OR ANY OF THEIR SUBBSIDIARY OR AFFILIATED CORPORATIONS, THEIR AFFILIATED ADVERTISING AGENCIES, PARTICIPATING SPONSORS/PROMOTIONAL PARTNERS, OR THE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OR ANY OF THESE COMPANIES (COLLECTIVELY, THE “RELEASED PARTIES”).  I HEREBY RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSSES, CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, NO MATTER HOW CAUSED, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ANY BREACH OR ALLEGED BREACH BY ME OF ANY AFFIRMATION, UNDERTAKING, OR OBLIGATION OF MINE IN THIS RELEASE, OR AS A RESULT OF THE USE OF THE PHOTOGRAPH(S) FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OF COPYRIGHT INFRINGEMENT, INVASION OF PRIVACY OR RIGHT TO PUBLICITY, AND I ACKNOWLEDGE THAT NONE OF THE RELEASED PARTIES HAVE MADE ANY REPRESENTATION OR WARRANTY TO ME REGARDING THE PHOTOGRAPH(S).

5.	Submitter understands that submission of the Material does not obligate CBS Radio to broadcast or otherwise transmit, promote or use the Material.  Submitter further understands that the Material will not be returned.

6.	Submitter agrees that if Material is selected for broadcast, display or dissemination, CBS Radio may use Submitter’s full name, title of the Material, and city and state of residence and/or operation for the purpose of identifying, promoting and/or generating publicity for CBS Radio and/or its designees.  CBS Radio will not disclose any other personally identifiable information to the public, unless it is necessary to a) conform to regulatory and legal requirements or comply with the legal process; b) protect the safety and security of its users, employees, or property; c) to defend the rights of the CBS Radio Entities; or d) enforce this Agreement, the Station’s Terms of Use, and/or Privacy Policy.

7.	Submitter certifies that he/she is over eighteen (18) years of age.

8.	Submitter understands and accepts CBS Radio’s Privacy Policy and Terms of Use (http://www.radiosophie.com/Privacy-Policy/1152139) and these additional terms, without reservation.

9.	I understand that this Release is intended to be as broad and inclusive as permitted by law, and I agree that if any portion of this Release is deemed invalid, the remainder will continue in full force and effect.  I further understand that this Affidavit and Release is to be interpreted under the laws of the State of California, and I submit to the jurisdiction of the courts within the State of California and waive all objections to the jurisdiction or venue of such courts.

I accept the terms of the above agreement