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JAY'S GARAGE
SUBMISSION AGREEMENT

Thank you for your interest in submitting questions and other information to Jay's Garage ("Site"). The following is a legal agreement between you and NBC Universal, Inc. ("NBC"). Use of this Site is also governed by NBC.com's Terms of Service and Privacy Policy unless they differ from this Submission Agreement ("Agreement") in which case this Agreement controls.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

CONTENT ON THE SITE

1. CONTENT ON THE SITE: The Site, all of the information and images provided, whether from Jay Leno or other sources, like all of the information on the NBC.com site ("Content") are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional advice from a qualified mechanic. Always seek the advice of car care professional with any questions you may have regarding your automobile. Do not disregard professional advice or delay in seeking it because of something you have read on this site.

2. SPECIFIC DISCLAIMER:

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. NBC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. NBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE, AND THE CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). NBC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE AND THE CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE SITE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE, AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUBMISSIONS TO THE SITE.

SUBMISSIONS TO THE SITE

3. CONDITIONS FOR SUBMITTING: Please do not submit questions to Jay unless you are a legal resident of the United States and are over the age of 18. Please not send anything other than the requested materials to the Site. Other materials (such as jokes, sketch ideas, etc.) will be discarded.

4. RIGHTS IN SUBMISSION:

By sending us your Submission, you hereby acknowledge and agree that NBCS shall have the perpetual and irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, host, cache, store, archive, index, transmit, broadcast, stream, edit, alter or modify, synchronize with visual material, create algorithms based thereon, or transcode the Video Content to appropriate media formats, standards or mediums; otherwise use, sublicense and permit others to use and perform worldwide the Submission (in whole or in part and as altered by NBCS in its sole discretion) in any and all media, including, without limitation, on nbc.com and the NBC television network, as well as in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for nbc.com, NBC and its programming, all without further notice or consent from or payment to you. You waive any and all "moral rights" you might have in the Submission.

NBC also reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your Submission and will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate NBC to sell, license or offer to sell or license any advertising, promotion or distribution rights.

You grant the rights hereunder whether or not your material is used by NBCS. You acknowledge that your consideration for the rights you grant NBCS in your Submission is, among other things, the possibility of NBCS or its designees' review or use of your Submission. You will not receive any further compensation of any kind for your Submission and you will not receive credit. Your Submission will not be acknowledged or returned. You acknowledge that this Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between us by the submission of the Submission.

In addition to all other legal remedies available to NBC, NBC has the right to remove the Submission from the Site or refuse to include the Submission on the Site for any reason, and may suspend or terminate your access to the Site or refuse to grant you access to any current or future use of the Site or any NBC or related site with or without warning if NBC, in its sole discretion, believes you have: (i) violated or tried to violate the rights of NBC; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the Terms of Service governing this Site. NBCS has no obligation to inform you of any decision to remove or not post such materials.

(b) USE OF NAME AND LIKENESS BY NBC: You also consent to the recording, use and reuse by NBC and their licensees of your voice, actions, likeness, name, appearance, performance, biographical material, and any information contained in your Submission (collectively, "Personal Elements") as edited, altered, fictionalized or modified by NBCS, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with nbc.com or in any other website or production. You agree NBCS and its licensees may use all or any part of your Personal Elements, and may make any changes that NBCS may deem necessary, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.

SUBMITTING VIDEO TO THE SITE

5. ORIGINALITY: We are only interested in your original work. You represent that (i) your entire Submission is an original work by you and you have not copied or used other works (such as dialogue from plays or recordings of musical works) in your Submission without permission or right to do so; (ii) no person, other than you has an right or interest in any part of your Submission; (iii) your Submission will not infringe or violate any rights of any third party or entity, including, without limitation, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submissions in accordance with these guidelines; and (v) you have obtained permission when filming on private property not owned or controlled by you.

6. PEOPLE IN SUBMISSION: You represent that all persons who were engaged by you to work on the Submission or who appear in the Submission in any manner have given you their express consent to submit the Submission for possible internet posting or television exhibition. If you include pictures of anyone with the Submission, you must have their permission include their image in the Submission. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian. You further represent that anyone who was engaged by you or who appears in the Submission (i) has no claims for payment of any kind, including royalties and residuals; (ii) have no approval or consultation rights or any rights of participation; and (iii) was not engaged by you or anyone associated with the Submission under any union or guild agreement that results in any ongoing obligations resulting from the exploitation of the Submission.

OTHER TERMS OF THE AGREEMENT

7. INDEMNIFICATION AND AGREEMENT REGARDING CLAIMS: You agree to indemnify and hold harmless NBC, NBC Universal, Inc., its parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective employees, agents, representatives, officers and directors from and against any and all claims, losses, costs, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys; fees) which arise out of any breach of this agreement or any of these covenants, agreements, obligations, rights, representations or warranties set forth herein. You hereby release, discharge and hold harmless NBC, NBC Universal, Inc., their parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective employees, agents, representatives, officers and directors (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your Submission, including without limitation any exploitation of the Submission, on any legal theory whatsoever (including, but not limited to, idea misappropriation, copyright infringement, personal injury, rights of privacy and publicity, false light, or defamation).

8. NOTICE REGARDING CLAIMS: You agree that you must provide written notice by certified or registered mail to the NBC Universal Law Department at the address listed below, of any claim arising in connection with the Submission or in connection with these Terms and Conditions. You further agree to provide notice within 10 calendar days after acquiring knowledge of the claim. Notwithstanding the foregoing, you must commence a formal arbitration proceeding pursuant to this paragraph within six months after the date of any such claim; failure to do so within that six-month period shall be deemed an irrevocable waiver of any rights you might have with respect to any claim against you. You agree to submit any claim or controversy arising under this Agreement to arbitration in the State of California, and such claims or controversies will be conclusively determined by arbitration as provided by California law and the rules of JAMS, and our arbitrator will be a lawyer or former judge experienced in entertainment law mutually selected by the parties; if we cannot agree on an arbitrator, we will accept any lawyer or former judge designated by JAMS who will agree to arbitrate the controversy in accordance with the JAMS Streamlined Arbitration Rules and Procedures or subsequent versions thereof. The construction, validity, interpretation and enforceability of the Submission Terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law or conflict of law rules. All arbitration proceedings, including documents filed in the course of such proceedings, and the fact that the arbitration is being conducted, shall be confidential. The arbitrator's decision shall be controlled by the terms of this Agreement. Judgment upon the award may be entered in any court having jurisdiction. You may commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, you acknowledge that Producer may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Terms and Conditions, and (2) bring an action to enforce the decision of the arbitrator before any court with jurisdiction.

9. OTHER MATTERS: This Agreement constitutes our entire understanding with respect to its subject matter. Any modification or waiver must be in writing, signed by both of us. These Submission terms and their performance will be binding on you and your heirs, administrators, administrators, successors and assigns. The invalidity of any provision will not affect the remaining provisions. 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 in no event affect any other portion of the Agreement, including without limitation, the ability to resolve all controversies and claims through arbitration. You may not assign your rights under this Agreement except as approved by NBC and any unauthorized, purported assignment will be null and void. NBC and its successors, licensees and assigns, will have the unlimited right to assign these Terms and Conditions and the rights granted at any time, in whole or in part, to any party. You will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as maybe reasonably required by NBC, with NBC to bear reasonable expenses related to your execution of such documentation, provided NBC is notified ahead of time and agrees to such expenses, to further evidence or effectuate the rights of NBC as set forth in these Submission Terms. You appoint NBC as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and/or confirm the same). NBC will promptly furnish to you a copy of all such documents that NBCS executes on your behalf.

10. NOTICE TO YOU: All notices requested or required under this Agreement to you may be sent by email, federal express, certified mail, return receipt requested or personal delivery as set forth in this paragraph to the most recent email address or physical mailing address that NBC has on file provided by you, and the date of such mailing, delivery, or telegraph shall be deemed the date of such notice. Your submission and participation on the nbc.com site, or any other NBC site pursuant to the terms of this Agreement is also subject to the terms of use and privacy policy on the nbc.com site, except to the extent that these terms differ, in which case these terms of Agreement will govern.

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