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Please complete the fields below to register for LASIK Idol.
If you will use one of our songs, please check the appropriate
box to indicate you will use our song and abide by the licensing
agreement below. Please note there is a limit of one song download
per competitor for use with this competition.
If you will use one of your own original musical compositions
(music not composed by anyone, but yourself), please check the
appropriate box and agree that the song/music was/will be composed
by you. Please check only one box.
Licensing
Agreement - this is ONLY if you use a song we provide. If you use your own song/music, just ignore everything below.
BY
DOWNLOADING MUSIC FROM THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS
OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
YOU MAY NOT DOWNLOAD MUSIC FROM THIS WEB SITE NOR COMPETE IN THE LASIK
IDOL COMPETITION IF DO DO NOT USE YOUR OWN ORGINALLY COMPOSED SONG.
THIS
AGREEMENT CONSTITUTES A LICENSE AGREEMENT BETWEEN YOU, AS LICENSEE, AND
ADVANCED VISION EDUCATION, LLC, AS LICENSOR, FOR USE OF THE
APPROVED MUSIC IDENTIFIED IN ITEM NO. 7 OF THE LASIK IDOL COMPETITION
MUSIC DOWNLOAD FORM.
(A) Your use of the
Approved Music is conditioned upon your prior acceptance of the terms
of this License Agreement.
(B) You are authorized
to use and agree to use the Approved Music for the purpose of the Lasik
Idol Competition only as set forth in the Official Rules and Entry Agreement,
and which shall include:
(1) Downloading one (1) copy of the Approved Music from the Web Site;
(2) Preparing original lyrics to the music explaining why you want Lasik
eye surgery and how your life would be improved by Lasik eye surgery;
(3) Recording your performance of your original lyrics to the Approved
Music creating a music video; and
(4) Uploading one (1) music video to YouTube (the Submitted Video)
in full compliance with the Official Rules and Entry Agreement.
(C) Your use of the
Approved Music is restricted to those uses described in Paragraph (B)
above for the Lasik Idol Competition. No portion of the Approved Music
may be reproduced in any form or by any means, except as expressly permitted
in this License Agreement. You agree not to copy, modify, rent, lease,
loan, sell, distribute, share, upload, transmit, broadcast or create derivative
works based on the Approved Music, in any manner, and you shall not exploit
the Approved Music in any unauthorized way whatsoever.
(D) All copyrights
in and to the Approved Music are owned by Licensors licensor, Joodle
Music, Buncha Punks Music (ASCAP) and Concottal Music, Bejoodle Music
(BMI) DBA The FRESH Music Library, and Rennisauce Music (ASCAP), on whose behalf Licensor reserves all
its rights in law and equity. The delivery of the Approved Music to you
and your use of the Approved Music does not transfer to you any such copyrights,
intellectual property rights or interests, or any other rights or interests,
in the Approved Music.
(E) THE USE OF THE
APPROVED MUSIC OR ANY PART OF THE APPROVED MUSIC, EXCEPT FOR USE OF THE
APPROVED MUSIC AS PERMITTED IN THIS LICENSE AGREEMENT, IS STRICTLY PROHIBITED
AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT
YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES,
FOR COPYRIGHT INFRINGEMENT.
(F) You are not authorized
to assign or transfer this license or the rights granted hereunder, with
the exception of uploading a single copy of the Submitted Video to YouTube
as described in Paragraph (B) above.
(G) You hereby agree
to defend, indemnify and hold Licensor, and any of its officers, employees,
and/or agents from and against any and all costs, claims, demands, liabilities,
expenses, damages or losses (including without limitation consequential
losses, loss of profit and loss of reputation, and all interest, penalties
and legal and other professional costs and expenses) arising out of your
breach of any of the terms of this License Agreement or in any way connected
to your use or misuse of the Approved Music or any part thereof.
(H) Licensor reserves
the right to take steps Licensor believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this
License Agreement (including but not limited to Licensors right
to cooperate with any legal process relating to your use of the Approved
Music, and/or a third party claim that your use of the Approved Music
is unlawful and/or infringes such third partys rights.) You agree
that Licensor has the right, without liability to you, to disclose any
data in the Lasik Idol Competition Music Download Form and/or in the Lasik
Idol Competition OFFICIAL ENTRY FORM to law enforcement authorities, government
officials, and/or a third party, as Licensor believes is reasonably necessary
or appropriate to enforce and/or verify compliance with any part of this
License Agreement (including but not limited to Licensors right
to cooperate with any legal process relating to your use of the approved
Music, and/or a third party claim that your use of the Approved Music
is unlawful and/or infringes such third partys rights.)
(I) This License Agreement
shall be governed and construed in accordance with the laws of the United
States with respect to copyright and other intellectual property rights,
and with the laws of the State of California applicable to contracts made
in California and performed wholly therein in California without regard
to any conflict of law principles.
(J) You agree that
the exclusive venue for all controversies will be in state or federal
court in Los Angeles County, California.
(K) This License Agreement
may not be modified orally, but can only be amended or modified in writing
executed by both Licensee and Licensor.
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