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TERMS OF USE AGREEMENT AND RELEASE I hereby grant the following rights to THE CHRISTIAN BROADCASTING NETWORK, INC. (CBN), and any affiliates, licensees, subsidiaries, successors and assigns, in consideration of their possible use of my name, appearance, interview, performance, visual depiction, oral statements, video material, digital photographs, web-camera streaming, and/or any other information and materials supplied by me (all together referred to hereinafter as the "Material") for or in connection with a program segment of THE 700 CLUB television program, and/or any and all other programs, projects or productions, whether made for television or any other form of media, and any authorized versions thereof, including but not limited to radio, films, videotapes, videocassettes, videodiscs, record albums, audio cassettes, music CDs, music videos, DVDs, the print media, web content, the Internet, or any other method or device now known or hereafter devised in which my name, appearance, interview, performance and/or any other Material may be incorporated, exhibited, exploited and/or otherwise used (collectively referred to hereinafter as the "Program"). I do hereby authorize and give my consent to CBN and any affiliates, licensees, subsidiaries, successors and assigns, to use my name, appearance, interview, performance and other Material, as provided herein. I do hereby release CBN and any affiliates, licensees, subsidiaries, successors and assigns, from any and all claims, actions, damages, and liabilities based upon, arising from, or connected with the use of my name, appearance, interview, performance or other Material. I acknowledge that no promise or representation has been made to me that CBN shall be obligated to televise or otherwise use the Material, and I acknowledge that CBN shall have sole and absolute discretion and creative control in determining whether or not my appearance, interview, performance and/or other Material shall be televised or used in any way, or in editing the Material and Program. CBN irrevocably shall have total ownership of the Material and the Program in perpetuity and throughout the world, and shall have without limitation the following rights: to edit the Material and the Program in whole or in part, to print any or all of the Material, to exhibit, distribute, broadcast, display and/or otherwise use the Material and/or the Program, in whole or in part, on broadcast or cable television, satellite transmission, radio, films, photographs, videotapes, videocassettes, videodiscs, record albums, audio cassettes, music CDs, music videos, DVDs, the print media, web content, the Internet, and/or by any other method or device now known or hereafter devised in which my appearance, interview, performance and/or other Material may be incorporated, exhibited, exploited and/or otherwise used, to copyright the Material and the Program, to sell, assign or transfer any or all of these rights to others, and to license others to use any or all of these rights. CBN, and its affiliates, licensees, subsidiaries, successors and assigns may use my name, likeness, voice, biographical information and/or other Material supplied by me for purposes of advertising, publicity and promotion, but not as a direct endorsement for any product or service. During my appearance, interview or performance and in the Material, I agree not to endorse or advocate the election or defeat of any federal, state or local candidate or to urge people to support, oppose, or contribute to any candidate. I affirm that the use of my name, appearance, interview, performance and/or other Material supplied by me will not violate the rights of any person or organization and will not incur any liability for payment to any person or organization. I hereby represent, warrant and covenant that: (a) I will not upload, post or transmit to or distribute or otherwise publish through the Web Site of CBN or any agent or contractor, any Material which (i) restrict or inhibit any other user from using and enjoying such Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that I am at least eighteen (18) years old. I hereby waive all rights to any claim against CBN or any other party for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Material. I acknowledge and agree that transmissions to and from the Web Site are not confidential and that Material may be read or intercepted by others. I acknowledge that by submitting any Material to CBN or its agents or contractors, no confidential, fiduciary, contractually-implied or other relationship is created between me and CBN other than pursuant to this Agreement. I hereby agree to indemnify, defend and hold CBN, and all its officers, directors, agents, employees, subsidiaries, affiliates, contractors, licensees, successors and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, damages, liabilities, costs and expenses (including without limitation, attorneys' fees and costs) which the Indemnified Parties may incur, based upon, arising from, or connected with the use of any or all of the Material, or any breach by me of this Agreement or any of the foregoing representations, warranties and covenants. I will cooperate as fully as reasonably required in the defense of any claim or action. I also agree that the Indemnified Parties reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by me and I will not in any event settle any matter without the written consent of CBN. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF VIRGINIA. This Agreement constitutes the entire agreement between CBN and me with respect to my use of the Web Site and submission of any Material. Any cause of action I may have with respect to my use of the Web Site and the Material must be commenced within one (1) year after the claim or cause of action arises. If CBN fails to take action concerning any breach by me of this Agreement, I agree that any such failure to act does not constitute a waiver of CBN's rights and remedies at law or in equity, and does not waive CBN's right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
I have read and agree to the terms of use and
I am at least 18 years old