GUIDELINES FOR PROGRAMMING PROPOSAL SUBMISSIONS
UNSOLICITED PROGRAM PROPOSAL SUBMISSION AGREEMENT
The following shall constitute the entire agreement between THEBLAZE INC. (“TheBlaze”) and you (“you” or derivations thereof) with respect to your Submission (defined below). By proceeding, you are signifying your agreement with and acceptance of all terms and conditions of this Submission Agreement.
- The term “Submission” shall be defined herein as any and all ideas, concepts, proposals, content, media and/or materials you submit to TheBlaze as the basis for programming or the development of any other form of content, including, but not limited to, writings, scripts, story ideas, outlines, treatments, still photographs, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packing or other materials, tangible or intangible. You warrant that you are the sole and exclusive author and owner of the Submission, and that to your knowledge no one else has any right in or to the Submission.
- You acknowledge and agree that you are providing this Submission on a voluntary and unsolicited basis. You acknowledge and agree that a fiduciary relationship does not exist between you and TheBlaze. You acknowledge and agree that you and TheBlaze have not entered into an agreement concerning the use of the Submission, except as expressly set forth herein, and you acknowledge that no obligation of any kind is assumed by, or may be implied against, TheBlaze based on its acceptance of a Submission.
- You acknowledge and agree that, in reviewing a Submission, TheBlaze has no duty not to develop a program, show or any other content based on a similar idea, concept or story, and that acceptance of a Submission shall in no way limit any rights TheBlaze has to develop or utilize ideas, concepts and proposals for programming that may be similar or identical to the ideas set forth in your Submission, or any rights TheBlaze has as a member of the general public. You acknowledge and agree that (i) TheBlaze has and will be independently developing ideas, concepts and proposals for programming that may be similar or identical to the ideas set forth in your Submission, and (ii) other persons have submitted, or may hereafter submit, programming ideas, concepts and proposals for programming to TheBlaze that may be similar or identical to the ideas set forth in your Submission, and by accepting your Submission TheBlaze is in no way limited from exploiting such ideas, concepts and proposals for programming that may be similar or identical to the ideas set forth in your Submission. Further, you acknowledge and agree that TheBlaze has and will be independently developing materials and ideas that may be similar or identical to any materials and ideas submitted by you, and that TheBlaze does not regard your materials or ideas as novel, valuable or useable. You understand that you will have no right or recourse against TheBlaze for such uses and will not be entitled to any compensation therefor.
- You acknowledge that TheBlaze is relying on the acknowledgements and representations set forth in this Submission Agreement in reviewing your Submission and you expressly release and discharge TheBlaze and its licensees, successors and assigns from any and all liability in connection with the Submission and agree not to assert any claim, action or proceeding of any kind for damages, liabilities, costs or expenses relating to the Submission, any programming or other content developed, produced and/or exploited by TheBlaze, and/or any other matter related to the subject matter hereof.
- TheBlaze assumes no responsibility for any Submission which TheBlaze may receive hereunder and you acknowledge and agree that TheBlaze is not obligated to return your Submission to you.
- You agree that you will not use the potential interest of TheBlaze with respect to any material submitted hereunder in any promotional or marketing activity, nor will you disclose to any other person that TheBlaze has accepted your Submission for potential evaluation.
- In agreeing to release claims which may arise in the future, you hereby waive the benefits of Section 1542 of the Civil Code of the State of California which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this Submission Agreement shall constitute a full release in accordance with its terms. You acknowledge and agree that this waiver is an essential and material term of this release and without such waiver TheBlaze would not have entered into this Submission Agreement or accepted your Submission. You hereby represent that you have been advised by your legal counsel, and understand and acknowledge the significance and consequences of this release and of this specific waiver of Section 1542.
- You acknowledge that you are over the age of 18.
- This Submission Agreement will be governed by the laws of the State of New York, without reference to its choice of law principles. This Submission Agreement cannot be modified, except in writing by an authorized officer of TheBlaze.
- Should any provision or part of any provision herein be void or unenforceable, such provisions or part thereof shall be deemed omitted, and this Submission Agreement with such provision or part thereof omitted shall remain in full force and effect. This Submission Agreement shall at all times be construed so as to carry out the purposes hereof.
- You hereby affirm that you have read and understand this Submission Agreement and that this Submission Agreement states the entire understanding between you and TheBlaze with respect to the subject matter hereof.