Terms of Submission Agreement

Gay of the Day Submission Agreement

By submitting a photo to OUTzonetv.com, you are agreeing to the following terms:

  • To submit a still photograph that may be included in the "The Gay of the Day Gallery" or used in another manner by Bravo Company, send a photograph of YOURSELF only to OUTzonetv.com with all of the following information (in English): (1) your name and age (you must be at least 18 years old), (2) complete mailing address, (3) telephone number, (4) email address, and (5) a picture of yourself alone (the "Gay of the Day Picture").
  • The Gay of the Day Picture file size should be no more than 150K and should be in JPEG format.
  • The Gay of the Day Picture must be original and must not infringe upon any rights of any third party and must be deemed suitable by Bravo Company.
  • Do not submit any material that is violent, pornographic or otherwise obscene, illegal or racially or otherwise morally offensive.
  • Do not submit a photograph of anyone other than yourself.
  • You must be 18 years of age or older and a resident of the United States.

Before you send us your Gay of the Day Picture, our lawyers insist that we tell you a few things, including what you are agreeing to and what may happen to any Gay of the Day Picture once you submit it.

By clicking "I Accept" at the end of this Agreement or by sending us a Submission (defined below), you acknowledge that you have read and understand this Agreement, and each of the OUTzonetv.com Privacy Policy and OUTzonetv.com Terms of Service each of which are incorporated into and made a part of this Agreement, and you accept this Agreement together with all of the policies referenced herein and agree to abide by its terms and conditions, as they may be amended from time to time, and all applicable laws, rules and regulations.

By submitting the Gay of the Day Picture, any accompanying description, and the information requested (collectively, your "Submission") for good and valuable consideration, including the possibility of publicity, the receipt and sufficiency of which you hereby acknowledge, you are granting Bravo Company, its successors, licensees and assigns ("Bravo") a worldwide, royalty free, perpetual, unrestricted, irrevocable, and fully sublicensable right and license to disclose, exhibit, broadcast, use, re-use, reproduce, modify, adapt, change, publish, translate, create derivative works from, distribute and/or display your Submission (in whole or in part) and/or to incorporate all or part of it in other works, all in any form, media, or technology now known or later developed or invented. YOU WILL NOT BE PAID FOR YOUR SUBMISSION or for granting Bravo any of these rights. Bravo is in no way obligated to use your Submission, may remove your Submission at any time in its sole discretion and you will not be given an on-screen or other credit if any of your Submission is used. In addition, you agree to waive all claims to and shall receive no royalties of any kind now or in the future from Bravo for the use of the Submission on the OUTzonetv.com website or otherwise, including copyright or trademark royalties, and you further agree that no other party is entitled to claim royalties from the use of the Submission as set forth in this Agreement. You also grant to Bravo a perpetual, fully assignable, non-revocable right (but not an obligation) to use your name, voice, portrayal, performance, actions, likeness and/or biographical material in advertisements and promotions for the Submission, for OUTzonetv.com, for Bravo, in other marketing and promotional activities, and for any other purpose, in all media now known or hereafter devised.

Your Submission may only be made through this page and on the OUTzonetv.com website. If you send us a Submission, you are representing and warranting that:

  • you are at least 18 years old and a resident of the United States and you have the permission of anyone who is mentioned in any accompanying description; and
  • your Submission is your original work and was created by you or you have the permission of the person that took the photograph for you to grant the rights you grant us.
  • you have all rights, approvals and/or consents necessary to submit the Submission on the terms provided in this Agreement and your Submission does not violate the rights of any other person or entity or any law.
  • your Submission may not be acknowledged and will not be received or held "in confidence" and your Submission does not create a confidential relationship or obligation of secrecy between you and Bravo or any of its affiliates.
  • your Submission will not be returned to you.
  • your Submission is a still photograph of you and no one else appears in the photograph.

You agree to defend, indemnify and hold harmless Bravo, its parent corporation, officers, directors, employees and agents, as well as its licensees and assigns, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses that arise out of any breach or alleged breach of any of these covenants, agreements, obligations, representations or warranties set forth herein.

You may not resell, assign or transfer any of your rights under this Agreement. Bravo may elect to use any, all, a modified version or none of your Submission. If Bravo does use it in any way, Bravo may remove all or any part of it at any time for any or no reason, and use all or any part of it in any way that Bravo wants, including on OUTzonetv.com or otherwise on or through any Bravo websites, or elsewhere online or on-air.

This Agreement supersedes any and all agreements or communications of any kind between you and OUTzonetv.com or anyone associated with the OUTzonetv.com, and cannot be modified or waived except in writing and unless properly signed. This Agreement is governed by the laws of New York State without regard to choice of law rules. Any controversy or claim relating to your Submission and/or this Agreement shall be submitted to arbitration before the American Arbitration Association in New York County, New York under its Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If any portion of this Agreement is found to be invalid, illegal or unenforceable, for any reason, that portion shall be severed from the rest and shall not affect the agreement to resolve all controversies and claims through arbitration. Bravo reserves the right to modify this Submission Agreement at anytime in its sole discretion.

All claims of infringement must be submitted to Bravo in a written complaint that complies with the OUTzonetv.com Infringement Policy.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS THAT YOU ARE GRANTING AND THE REPRESENTATIONS AND WARRENTIES YOU HAVE MADE IN THIS AGREEMENT.

I have read the terms of submission - now take me to the application!