From here forth the names "The Big Trip," "TheBigTrip," "The Couture Abro Group LLC," & "The Couture Abro Group," may be interchangeably referred to by the names: "TBT," "CAG," "We," "Us", or "Releasees." The application, review, judgments, web airing, broadcasting and selection process may be referred to as "The Program."
APPLICATION RELEASE DISCLAIMER
I hereby acknowledge that: (i) I have read and understand, and I meet and agree to be
bound by, the eligibility requirements for the Program (ii) I have answered (and will answer) all questions posed to me as part of the application process honestly, accurately and to the best of my ability and knowledge; (iii) if any of the information that I provide to the TBT is found to be false, this will be grounds for my dismissal from the Program application process, and/or from the Program itself even if I am ultimately selected as a participant; (iv) even if I meet the eligibility requirements, TBT has no obligation to interview me and/or select me as a
participant; (v) even if I am selected as a participant, TBT has no obligation to
produce the program and TBT has no obligation to broadcast it, even if it is produced;
(vi) in the event the Program is canceled or not broadcast for any reason, TBT will have no obligation to award any prize money or pay any salaries or expenses or award any related merchandise; (vii) all decisions by TBT concerning selection of participants
and other matters is final and not subject to challenge or appeal; and (viii) TBT
owns, and are not obligated to return or maintain (and may destroy), any materials
submitted as part of my application (including, but not limited to, videotapes, DVDs and
photographs) whether or not I am selected as a participant.
By submitting this application, I hereby consent to the recording, and use and reuse by
TBT and any of their respective licensees, assigns, parents, subsidiaries, divisions, business
units, or affiliated entities and each of their respective employees, agents, officers and
directors, of my voice, actions, likeness, name, appearance and
biographical material (collectively "Likeness") in any and all media now known or
hereafter devised, worldwide, in perpetuity, in any and all versions now known or
hereafter devised (including digitized versions) in, or in connection with, the Program. I
agree that TBT may use all or any part of my Likeness, and may alter or modify it,
regardless of whether or not I am recognizable. I further agree that TBT exclusively
own all right, title, and interest in and to any application materials (e.g., the video, any
photos, etc.) that I have provided in connection with my application for or participation in
the Program and any photos and video or recordings of any kind that TBT may
make of me in connection with the Program and my application therefore (collectively, the
"Material" or "Materials") and all rights therein and thereto including, without limitation,
the right to use and exploit the Material and my Likeness in any and all media now
known or hereafter devised, worldwide, in perpetuity, in any and all versions now known
or hereafter devised (including digitized versions). Without limiting the foregoing in any
way, I further agree that TBT may use my Likeness and the Material in connection
with any promotion, publicity, marketing or advertisement for the Program in any manner
whatsoever. Without limiting the foregoing grant of rights in any way, to the degree that
the Materials include any pre-existing musical, literary, or any other compositions in which I
(partially or wholly) own the copyright or any publishing rights, or to which I purport to
(partially or wholly) own such copyright or publishing rights, I hereby grant to TBT, and have the complete, unfettered right to grant to TBT, an irrevocable, unlimited, perpetual, worldwide, royalty and payment-free license to use and reproduce such Materials in the Program and in connection with any promotion, publicity, marketing or advertisement for the Program or any exploitation of the Program, in whole or in part, of any kind, in any and all media now known or which may exist in the future. I understand that the Producers make no representation whether or not such Materials will be used in any manner whatsoever. I irrevocably and absolutely grant the
rights hereunder whether or not I am selected to participate in the Program. I release
TBT from any and all liability arising out of their use of my Likeness and/or the
Material (including, without limitation, any claim that such use invades any right of
privacy and/or publicity and any claims based on defamation or libel or false light), and I
represent and warrant that I have the right to grant the rights conveyed hereunder. I
understand that TBT make no representation that the Materials will or will not
be used in any way.
This release expresses the entire understanding between TBT and me and
replaces any and all former and contemporaneous agreements, understandings or
representations between TBT and me. No modification, alteration or amendment of
this agreement will be valid or binding unless in writing and signed by both me and TBT.
The parties hereto agree that any and all disputes or controversies (regardless, by way of example only, whether such disputes or controversies are between TBT and/or CAG, on the one hand, and me, on the other hand; between another applicant and me; or between me and the program employees, agents, affiliates, or representatives), 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, and any and all disputes or controversies relating to my appearance or participation in the program, shall be resolved through a procedure deemed appropriate by TBT.
Without limiting the foregoing, any provision of this release that is invalid, illegal, or
unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the
extent of such invalidity, illegality or unenforceability, without affecting in any way the
remaining provisions hereof in such jurisdiction or rendering that or any other provision
of this release invalid, illegal or unenforceable in any other jurisdiction. No waiver by
TBT of any term or condition of this release will be construed as a waiver by TBT of any other term or condition; nor will any waiver by TBT of any default under this release be construed as a waiver by TBT of any other default.
It is further 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. TBT may freely assign, in whole or in part, any
of their rights or obligations under this release. I may not assign my rights and
obligations under this release.
This release shall be deemed to be entered into in Detroit, Michigan, and shall be governed by and interpreted in accordance with the laws of the State of Michigan applicable to documents or agreements executed or fully carried out within Michigan.
WEBSITE TERMS OF USE
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This Site and materials incorporated by TBT on this Site (here forward referred to as "Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the graphics, logos or other images incorporated by TBT on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by TBT or others ("Trademarks").
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by TBT. Any authorization to copy Material granted by TBT in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
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TBT disclaims all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the site or any other web site, or the material, information, software, facilities, services or other content on the site or any other web site, regardless of the basis upon which liability is claimed and even if any member of TBT has been advised of the possibility of such loss or damage. Without limitation, you (and not any member of TBT) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
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TBT may ask for comments, ideas, stories, or general communication from users of the site and viewers. In any event, any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by TBT) or privately transmitted on or through this Site are the sole responsibility of the sender, not TBT, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
TBT requires that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; (c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (e) violates any law or may be considered to violate any law; (f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (g) advocates or promotes illegal activity; (h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; (j) solicits funds, advertisers or sponsors; (k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; (l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; (m) copies any other pages or images on this Site except with appropriate authority; (n) includes MP3 format files; (o) amounts to a 'pyramid' or similar scheme; (p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or (r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by TBT anywhere on this Site (e.g., on any web space made available for your use).
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
TBT reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to TBT. We may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. We may suspend or stop any users whose conduct or postings or submissions are under investigation and may remove such material from our servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective actions we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless all members of TBT and CAG from any claims resulting from any action taken by any member of TBT or CAG during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either a member of TBT or CAG or law enforcement authorities.
TBT reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
TBT makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
You agree to indemnify and hold harmless TBT and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto TBT’s servers, and/or from any and all use of your account.
TBT will consider anything you provide to TBT and/or contribute to this Site as available for our use free of any obligations to you.
Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to TBT ("User Content"), you automatically and irrevocably: (a)grant and assign to TBT a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by TBT and/or by any person authorized by TBT, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint TBT as your agent with full power to enter into any document and/or do any act TBT may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that TBT shall not be liable for any use or disclosure of such User Content.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TBT, and you acknowledge that (whether or not such sites are affiliated in any way with TBT) TBT is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by TBT or any association with its operators.
TBT cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from TBT since other shop channels are owned and operated by independent retailers. TBT does not endorse any of the merchandise, nor has TBT taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. TBT does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
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