*Terms & Conditions and Photo Release
1. Spark Networks Services GmbH is the operator of EliteSingles (“we,” or “Spark”)
2. The purpose of this email is to give you the opportunity to tell Spark a little about yourself, before we decide – in our full discretion – whether or not you are an appropriate candidate to be connected with a delegated Casting Agency partner for the opportunity to participate in a new dating reality-style show to be produced for a major digital streaming network.
3. To enter, please fill out the survey and tick the checkbox to indicate that you agree with these Terms and Conditions and give your consent to Spark that you would like to be considered for participation.
4. You consent to the use of your email address and/or phone number by Spark should we wish to contact you.
5. Spark has full discretion when applying these Terms. You agree to NOT:
• Breach these Terms and Conditions;
• Provide us with personal information of third parties without their consent;
• Submit photos with inappropriate, offensive, vulgar and hostile content.
• Submit photos, the author of which did not obtain the permission for publication from individuals who appear in them. Spark shall not be in any way liable for photos for which individuals who appear in them did not give their permission.
6. By submitting your personal information, survey results and image(s) to Spark, you give your explicit consent to Spark to:
• Use your information and any photograph or likeness of you which you provide to Spark for the purpose of providing it to the delegated Casting Agency partner for consideration;
• Edit, alter, copy, exhibit, publish or distribute such information and/or photographs and images of you for the for the purpose of providing it to the delegated Casting Agency partner for consideration;
• Pass your full name, contact details and any photographs or images of you to the delegated Casting Agency partner.
7. SPARK GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO YOUR PARTICIPATION. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Nothing contained in these Terms and Conditions shall be construed as a warranty on the part of Spark that you will achieve any particular result; in particular, no representation is made that the Casting Agency partner will select you for participation. This is a matter of which Spark has no control.
8. YOU ACKNOWLEDGE THAT SINCE YOUR PARTICIPATION IN THIS PROCESS IS VOLUNTARY, YOU WILL RECEIVE NO FINANCIAL COMPENSATION AND YOU WAIVE ANY RIGHT TO ROYALTIES OR COMPENSATION. SPARK MAY, IN ITS DISCRETION, PROVIDE YOU WITH A VOUCHER FOR 6 MONTHS PREMIUM MEMBERSHIP WITH ELITESINGLES. If you are selected by the delegated Casting Agency partner to participate, you may eventually be entitled to compensation in some form. However, this is a matter over which Spark has no control.
9. You waive the right to inspect or approve the finished product in any form where your likeness appears.
10. You may not provide us with, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
11. You agree to, and you hereby, defend, indemnify, and hold Spark, its parent company and subsidiaries, and each of their respective employees, officers, directors, Members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Spark Networks Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Spark Networks Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your data which is provided to us; (ii) Any content generated by you which is provided to us; (iii) Your participation in this process, and your activities in connection with the Service; (iv) Your breach or alleged breach of these Terms and Conditions, and any Additional Terms of Service or other agreements; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your participation in this process; (vi) information or material transmitted to us, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (viii) Spark Networks Parties’ use of the information that you submit to us (including your content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Spark Networks Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Spark Networks Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Spark Networks Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Spark Networks Party.
12. SPARK ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE, LOSS, LIABILITIES, INJURY OR DISAPPOINTMENT INCURRED OR SUFFERED BY YOU AS A RESULT OF PARTICIPATING IN THIS PROCESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROCESS, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING, BY NOT LIMITED TO, PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF YOUR PARTICIPATION.
You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
You permit Spark to pass on your personal information such as your full name, survey responses and photograph to the delegated Casting Agency partner.