This agreement is entered into by and between NYComedyRadio.com, including its subsidiaries, affiliates, licensees, successors and assigns (hereinafter "NYComedyRadio.com"), and the "Member".

Pursuant to this Agreement, NYComedyRadio.com shall disseminate (or post) Member information on its world wide web site.

The Member gives NYComedyRadio.com the right to use all material that it submits to NYComedyRadio.com, including but not limited to, its name, image, picture, portrait, photograph, biographical information, work history and education relating to the fields of acting, stand-up comedy, other live or recorded performance, or writing (or "resume"), and/or likeness (collectively "Material") that it receives from the Member.

The Member understands that NYComedyRadio.com has the absolute right and permission to use, re-use, publish, and re-publish the Material, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time.

The Member hereby releases, discharges, and agrees to save harmless NYComedyRadio.com, and all persons acting under its permission or authority or those for whom it acts, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form of the Material, whether intentional or otherwise, that may occur or be produced, or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

The Member agrees to hold NYComedyRadio.com and any third parties harmless against any liability, loss or damage (including reasonable attorney's fees) caused by or arising from the dissemination of Material, of any utterance made by it or material furnished by it in connection with its participation herein.

The Member agrees to indemnify and hold NYComedyRadio.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Material you submit, post to or transmit through NYComedyRadio.com, your use of NYComedyRadio.com, your connection to NYComedyRadio.com, your violation of this agreement, or your violation of any rights of another.

The Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the NYComedyRadio.com site, use of the NYComedyRadio.com site, or access to the NYComedyRadio.com site.

The Member's correspondence or business dealings with, or participation in promotions of, advertisers found on or through NYComedyRadio.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Member agrees that NYComedyRadio.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on NYComedyRadio.com.

THE MEMBER'S USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYComedyRadio.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: NYComedyRadio.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE MEMBER THROUGH THE SERVICE WILL MEET THE MEMBER'S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM NYComedyRadio.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

THE MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT NYComedyRadio.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYComedyRadio.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Recognizing the global nature of the Internet, the Member agrees to comply with all local rules regarding online conduct and acceptable content. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between them. NYComedyRadio.com reserves the right to modify this agreement or nullify this agreement at any time upon email notification to any or all users. Continued use of the NYComedyRadio.com website will constitute acceptance of these new terms. Notwithstanding the above, this agreement may not be modified in any way without the written agreement of both parties.

This Agreement is expressly incorporated into each and every transaction between the parties. The parties executing this Agreement warrant that they have the legal capacity to execute this agreement. If any provision of the Agreement is held to be illegal, invalid, or unenforceable under the present or future laws effective during the term of the Agreement, such provision will be fully severable; the Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of the Agreement; and the remaining provisions of the Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from the Agreement. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. The Member hereby represents and warrants that it has read, understood, and agreed to the foregoing.

The Member further represents and warrants that it has the legal capacity to enter into this agreement, and is over the age of eighteen.