Terms of Use | divas-by-jimenez-2

Terms of Use & Privacy Policy

DIVAS BY JIMENEZ® Online Privacy Policy

DO NOT UPLOAD ANY MATERIALS UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS

Prior to uploading any materials or otherwise using the Divas by Jimenez website or any of Divas by Jimenez’s products, software, data feeds and services provided to you on, from or through www.DivasbyJimenez.com and any related or affiliated pages and websites, you signify your agreement to: (1) these terms and conditions (the “Terms of Service”); (2) the Uploading Rules for Buscando Una Nueva Diva and (3) Jimenez Music Group LLC (“JMG”) Terms and Conditions of Use, which is incorporated by reference. If you do not agree to terms outlined both these documents, please do not use the Service.

YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS

In connection with my submission of audio, audio-visual or other works (“Submission”) to Company for potential display on www.DivasbyJimenez.com as part of Buscando Una Nueva Diva contest (“Contest”), I hereby make the following representations, warranties, disclosures, covenants and agreements set forth in this agreement (“Agreement”) so that Company will continue to consider my Submission and my potential participation in the Contest. I recognize and understand that this is an important legal document relating to my application for participation in the Contest (irrespective whether or not I am actually selected to participate and advance), and that by accepting the Terms and Conditions, I waive certain legal rights that I otherwise might possess against Company, and others. I also understand that I have an opportunity to review this agreement with an attorney of my choice.

ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES

1. I have voluntarily entered my Submission and have applied to be a participant in the Contest. I understand that neither Company nor anyone else will provide me with any compensation for my application to be a participant in the Contest, for my participation in the Contest (if chosen to do so), or for the agreements and promises I make herein, other than to consider my Submission and my potential participation in the Contest. Neither Company, nor any of its affiliates, parents, subsidiaries or related companies (hereinafter, the “JMG Companies”), nor anyone else associated with the Contest has made any promises to me with regard to the Contest. In particular, no one has promised that: (a) I will be chosen to participate in the Contest; (b) that I will be entitled to have my musical works distributed, displayed, played, promoted or otherwise exploited; or (c) that I will receive any prizes, or other goods, services or money if selected to participate in the Contest. As used in this Agreement, the term “Prize” means, among other things, any awards, money, goods and services, including but not limited to the showcasing or broadcast of my Submission and other musical works on JMG’s radio and television stations or related websites (hereinafter, “Broadcast”).

2. I understand that the Company and the JMG Companies shall have sole and unfettered discretion and control over every aspect of the Contest, that their decisions on all matters related to the Contest shall be final and binding on me in all respects, that their decisions on all matters related to my Submission and the Contest shall not be subject to challenge or appeal, and that their decisions on all matters related to the Contest shall not be subject to any limitation whatsoever, except for any limitations imposed by law.

3. I understand that Company and the JMG Companies may rely upon the representations, disclosures and agreements that I make, have made, or may make in this Agreement, any exhibits or attachments hereto (each of which is incorporated herein), and any other agreements, applications, other documents or interviews that I may provide in connection with the Contest (collectively, the “Representations”). I understand that if any of my Representations is, in any respect, false, misleading or incomplete, or if I breach this Agreement or any other agreement that I have made or may make in connection with the Contest, Company or the JMG Companies may take any action that they deem appropriate, including, without limitation and as applicable, removing me from consideration as a participant in the Contest, removing me from the Contest, withholding any Prizes or other goods, services or consideration to which I may have been entitled, and requiring me to return any Prizes I may have already received or would otherwise be eligible to receive.

4. I understand and agree that I shall not mention or “plug” any product, service, venture or thing whatsoever as part of my Submission or my involvement in the Contest. Furthermore, I represent and warrant that I have not given or agreed to give anything of value to anyone to be a participant in or in connection with the Contest; that I have not accepted or agreed to accept anything of value to promote any products, services or ventures in or in connection with the Contest; and that I will not do any of the foregoing in the future. I know that the Company and the JMG Companies do not permit any such conduct, and that it may be a federal offense not to tell Company and the JMG Companies if I have done so. I also agree to notify Company and the JMG Companies immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing, or which is in any way dishonest.

5. I understand and agree that I am prohibited from wearing any apparel in my Submission or during my participation in the Contest that contains any logos or trademarks unless such apparel has been specifically provided to me or approved, in writing, in advance by the Company. Further, I understand and agree that neither I nor anyone acting on my behalf shall at any time use any of Company’s or the JMG Companies’ names, logos, trade names or trademarks (including, but not limited to, Buscando Una Nueva Diva or any other title of the Contest), for any purpose or in any manner whatsoever, without Company’s and the JMG Companies’ advance written consent.

6. I understand and agree that I shall be responsible for all taxes and other obligations that are or may become due as a result of my receipt of any Prize or other goods, services or money in or in connection with the Contest or any resulting agreement, if any. If any such payment is required, and I do not pay within ninety (90) days, then any such Prizes shall be deemed forfeited.

7. I understand and agree that I shall not share or make any promise to share all or any portion of any Prize with any participant or anyone else involved in the Contest, and any agreement shall be unenforceable. In addition, I understand and agree that I shall not assign any Prize to another person or organization prior to my receipt of the Prize. I understand that it may be a federal offense for anyone to do anything to “rig” or, in any other way, influence the outcome of the Contest with the intent to deceive the viewing public, including, without limitation, colluding to share any Prize. I also understand that it may be a federal offense to offer or accept any information or special assistance in connection with the Contest. I agree that I will not participate in any such acts, or any other deceptive or dishonest acts with respect to the Contest, and to immediately notify Company and the JMG Companies if anyone else tries to induce me to perform any such acts.

8. I understand and agree that if selected to be a participant in the Contest, my appearance shall not constitute an employment relationship between me and Company or the JMG Companies, shall not be subject to any union or guild collective bargaining agreement, and shall not entitle me to any wages, salary, corporate benefits, workers’ compensation benefits, or other compensation of any kind, under any such collective bargaining agreement or otherwise. I also understand and agree that nothing in this Agreement or any conduct pursuant thereto shall constitute an agency relationship between me, on the one hand, and Company or the JMG Companies, on the other hand, and that I shall have no authority to speak or act on behalf of Company or the JMG Companies whatsoever, except as may otherwise be expressly required or permitted by Company or the JMG Companies, respectively.

9. I understand that while the Company may choose to do so, it has no obligation whatsoever to obtain insurance coverage for any harm I may suffer in or in connection with the Contest. Although not required as a condition of my participation in the Contest, I acknowledge that I, alone, am responsible for maintaining insurance policies to cover any harm I may suffer in or in connection with the Contest.

10. I represent and warrant that:

a. I am at least 18 years of age, and have the right to enter into this Agreement and to grant Company all of the rights as herein set forth.

b. I AM NOT UNDER ANY EXCLUSIVE OR NON-EXCLUSIVE MUSIC RECORDING, PUBLISHING AGREEMENT OR SUBJECT TO ANY OTHER AGREEMENTS WHICH WOULD PROHIBIT MY PARTICIPATION IN THE CONTEST OR THE GRANT OF RIGHTS AS NOTED IN PARAGRAPH 23 HEREIN.

c. There are no rights or commitments of any nature outstanding in favor of any third-party that would or might impair, interfere with or infringe upon the rights herein granted, and I have obtained or will obtain all required permission or grants of authority necessary with respect to my obligations hereunder.

PARTICIPATION IN THE CONTEST

11. I understand that Company and the JMG Companies shall select the participants for the Contest. I understand that they have no obligation to select me, even if I meet all eligibility requirements and any selection criteria that they may establish. Even if I am selected, I understand that Company and the JMG Companies are not obligated to have me appear as part of the Contest, and that they shall have the right at any and all times to remove or replace me as a participant in the Contest, for any reason whatsoever. Moreover, even if I am selected, and even if I participate as a participant on the Contest or any part thereof, Company and the JMG Companies are not obligated to Broadcast, exhibit or otherwise use or exploit all or any part of my Submission or any related audio, audio-visual works or other sound recordings (“Recordings”), or to include all or any part of the Submission or my Recordings in the Contest. I also understand and acknowledge that Company and the JMG Companies may delay, suspend, terminate or abandon production of the Contest at any time, for any reason, without any obligation to me whatsoever.

PUBLICITY & CONFIDENTIALITY

12. I understand and agree that all publicity in connection with the Contest is under the sole control of Company and the JMG Companies and agree to the following terms and conditions of publicity and confidentiality:

a. EXCEPT AS OTHERWISE PERMITTED BY COMPANY OR THE NETWORK, I SHALL NOT USE OR DISCLOSE TO ANY PARTICIPANT OR ANY OTHER PARTY AT ANY TIME (I.E., PRIOR TO, DURING, OR AFTER THE TAPING OR EXHIBITION OF ANY EPISODE OF THE CONTEST), AND SHALL KEEP IN THE STRICTEST CONFIDENCE, ANY INFORMATION THAT I MAY READ, HEAR OR OTHERWISE ACQUIRE OR LEARN IN CONNECTION WITH OR AS A RESULT OF MY PARTICIPATION IN OR IN CONNECTION WITH THE CONTEST (COLLECTIVELY, THE “CONFIDENTIAL INFORMATION”), INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS CONCERNING OR RELATING TO COMPANY OR THE JMG COMPANIES, ANY INFORMATION CONCERNING OR RELATING TO THE CONTEST, ITS PARTICIPANTS, EVENTS, OUTCOMES AND LOCATIONS, AND THE CONTENTS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR DOCUMENT THAT I SIGN, HAVE SIGNED OR RECEIVE FROM COMPANY OR THE JMG COMPANIES AT ANY TIME, UNLESS AND UNTIL SUCH CONFIDENTIAL INFORMATION IS SPECIFICALLY DISCLOSED IN THE BROADCAST OR OTHER EXHIBITION OF THE CONTEST, IF EVER. I ACKNOWLEDGE AND AGREE THAT THE CONFIDENTIAL INFORMATION IS CONFIDENTIAL AND THE EXCLUSIVE PROPERTY OF COMPANY OR THE JMG COMPANIES. I WILL NOT AT ANY TIME, DIRECTLY OR INDIRECTLY, DIVULGE IN ANY MANNER, OR USE OR PERMIT OTHERS TO USE, ANY OF THE CONFIDENTIAL INFORMATION UNLESS EXPRESSLY PERMITTED BY COMPANY OR THE JMG COMPANIES IN WRITING.

b. Except as otherwise required or permitted by Company and the JMG Companies, I shall not advertise or promote my participation in the Contest or receive or generate any monetary advantage from my participation in the Contest, nor shall I authorize any others to do so. Without in any way limiting the foregoing, I shall not prepare or assist in the preparation of any written, audio or visual work that depicts, concerns or relates in any way to my participation in or in connection with the Contest. In addition, I shall consult with Company and the JMG Companies regarding any and all publicity in connection with my involvement in or appearance on the Contest, and I shall not consent to any publicity without the prior written approval of Company and the JMG Companies.

c. I recognize that a breach by me of subsections (a) or (b) of this paragraph would cause Company and the JMG Companies irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law. Therefore, I agree that Company and the JMG Companies shall be entitled to injunctive and other equitable relief (without posting bond) to prevent or cure any such breach or threatened breach. I also recognize that proof of damages suffered by Company and the JMG Companies in the event of any such breach would be extremely costly, difficult and inconvenient. Accordingly, I agree as follows:

i. In the event that I breach subsection (a) or (b) of this paragraph at any time, I agree to return any Prize or other goods, services or money that I may already have received in connection with the Contest, and to forfeit my right or opportunity to receive any Prize or other goods, services or money that I have not yet received.

ii. In the event that I breach subsection (a) or (b) or (c) of this paragraph I agree to pay Company and the JMG Companies the sum of fifty thousand U.S. Dollars ($50,000.00) for each such breach, plus disgorgement of any income that I may receive in connection with any such breach, as liquidated damages. I agree that this amount is a reasonable estimate of the amount of damages Company and the JMG Companies are likely to suffer in the event of any such breach before the initial exhibition of the final episode of the Contest, considering all of the circumstances existing as of the date of this Agreement.

d. In addition to the liquidated damages set forth above, I shall indemnify and hold Company and the JMG Companies free and harmless, to the fullest extent permitted by law, from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees and costs) that in any way arise out of or result from any breach by me of subsections (a) or (b) of this paragraph.

e. I agree not to use the names, logos or marks of Company, the JMG Companies or any related or affiliated entity without obtaining Company’s prior written approval in each instance.

f. I acknowledge and agree that my obligations with respect to confidentiality and publicity as set forth in this paragraph shall continue in perpetuity, or, at a minimum, until terminated by JMG or the JMG Companies in writing. In no event will I have the right to terminate my confidentiality obligations under this Agreement.

DIVAS BY JIMENEZ (the “Musical Group”) is a United States Musical Group conducting a competition to select a female recording artist. By participating in this online audition (the “Online Audition”) and submitting an online audition video (“Audition Video”) for consideration by JIMENEZ MUSIC GROUP LLC. (“Producer”) in connection with the Musical Group, you acknowledge that you have read, understand and voluntarily agree to abide by these Online Audition and Video Submission Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date you submit your Audition Video.

Prior to submitting an Audition Video, please confirm that you meet the Eligibility Requirements below. In addition, please ensure that your Audition Video meets the Audition Video Submission Requirements below.

Audition Videos will be accepted commencing at 9:00a.m. Eastern Time (“ET”) on July 15, 2013, through and including 11:59 p.m. ET on September 18, 2013 (the “Video Submission Period”). No Audition Videos will be accepted after 11:59 p.m. ET on September 18, 2013.

As used herein, “User” will refer to the individual who completes the data fields on the Registration Form and uploads the Audition Video. User must be at least eighteen (18) years of age.

Eligibility Requirements

1. You must be able to prove at the time of your registration and audition you are at least 18 years old.

2. You MUST be able to demonstrate to the satisfaction of Producer that you do not have any of the following agreements in effect (written or oral):

a contract for talent representation (for example, a talent agent or manager);

a current music recording contract;

a current music publishing contract;

a current agreement relating to the use of your name, voice and/or likeness;

an exclusive acting contract; or

any other contractual arrangement that would prohibit you from fully participating in the Musical Group and/or entering into any contracts required by Producer, including an exclusive management contract, recording contract, music publishing contract, and merchandising contract.

Audition Video Submission Requirements

1. General Requirements

(a) You may submit ONLY ONE (1) Audition Video.

(b) Audition Videos link should be submitted at divasbyjimenez/facebook page (“Online Audition Website”).

(d) Producer reserves the right to determine, in its sole discretion, the eligibility of you and your Audition Video. ELIGIBLE PARTICIPANTS MUST SUBMIT THE AUDITION VIDEO IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

(e) Your conduct on the Online Audition Website shall also be governed by our Terms Of Use.

(f) Producer reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the Online Audition Website.

2. Audition Video Content

(a) Audition Videos must conform to the requirements of these Terms and Conditions.

(b) Your performance must be of the song provided by us.

(d) Audition Videos must be recorded at the time of the audition via web cam only and should not be digitally enhanced or distorted.

(e) Audition Videos must be shot in a non-descript location or with a plain backdrop.

(f) Your Audition Video must NOT include any person other than you.

(g) Audition Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.

(h) Audition Videos must NOT include mention or feature any uncleared copyrighted material, including but not limited to music, films, books, television, artwork, sculpture, photographs, etc., or identifying descriptions of any copyrighted material.

(i) Audition Videos must NOT contain derogatory references to the Producer Entities.

(j) Audition Videos must NOT include any third party trademarks, logos, insignia, location signage, etc., including, without limitation, on clothing or hats.

(k) Audition Videos must not contain any post-production voice enhancements.

(l) Applicants agree that they will not use the Audition Videos for any other purpose, including, without limitation, posting the Submission to any online social networks (e.g., Facebook, Youtube, Myspace, Twitter), without the express written consent of Producer in each instance.

Further Documentation

In the event Producer chooses you to participate in the Musical Group, you will be required by the Producer to:

Fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Participant Agreement and Release and Confidentiality Agreement.

Sign a recording contract, songwriting contract, talent management contract, live stage/touring contract and merchandising/endorsement contract and on-line content contract.

Your family and/or guests should be prepared to sign releases concerning the possible taping and/or recording of their name, likeness, voice, conversation, etc. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.

Disqualifications

Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from the audition process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being chosen to audition and/or compete at any level in the process does NOT ensure that you will be selected to continue to the next stage of the competition process.

License

You shall retain all ownership rights in your Audition Video. By submitting the Audition Video, you hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicense able and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition Video for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Musical Group, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Musical Group (and derivative works thereof), and (ii) the business of Producer, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any Producer Entity, these rights include, without limitation, the absolute right to edit and/or alter any Audition Video distribute and synchronize all or any portion of your Audition Video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Audition Video; to encrypt, encode and decode, and compress and decompress all or any portion of your Audition Video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Audition Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Audition Video; and to excerpt and/or extract portions of your Audition Video in order to host, store, index, categorize and display your Audition Video on or through the Platforms. Producer has no obligation to review your Audition Video or to use your Audition Video in any manner whatsoever.

Representations and Warranties / Indemnification

You represent and warrant as follows: (i) you are the copyright owner of the Audition Video, (ii) the Audition Video is your own original, previously unpublished, and previously unproduced work; (iii) the Audition Video is wholly original with you and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Audition Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the Audition Video does not and will not violate any applicable laws, and meets the Audition Video Submission Requirements set forth in Section B above. Audition Videos must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, music, copyrighted photos and the like. You will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Audition Video to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event you cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove your Audition Video, or seek to secure the releases and clearances for the benefit of Producer and/or the Producer Entities, or may allow the applicable Audition Video to be utilized. Additionally, you represent and warrant that you will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Producer Entity. Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. You agree to indemnify and hold harmless the Producer Entities, and each of them, from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of you here under.

Conditions of Participation

This Online Audition is subject to all applicable federal, state, and local laws. You hereby: (a) agree that Producer Entities shall have no liability whatsoever for, and shall be held harmless by you against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in this Online Audition or any related activity; (b) release the Producer Entities and their respective advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members from all liability, claims, action, or proceedings relating to this Online Audition and from injuries or damages arising in connection with or relating to participation in this Online Audition; and (c) waive any right to claim ambiguity in the Online Audition or these Terms and Conditions. Producer reserve the right to modify these Terms and Conditions, remove suspect Audition Videos, and/or cancel, terminate or suspend any portion of this Online Audition at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of the Musical Group rules, violation of any of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change the Musical Group rules and procedures at any time.

Nature of Relationship / Waiver of Equitable Relief

You understand and acknowledge that the Producer Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. You acknowledge that many ideas may be competitive with, similar or identical to the Audition Video and/or each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of the use by the Producer Entities of any such similar or identical material. You acknowledge and agree that the Producer Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Audition Video. You acknowledge that, with respect to any claim by you relating to or arising out of the actual or alleged exploitation or use of any Audition Video or other material submitted in connection with the Online Audition by any Producing Entity, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video or the Musical Group or any other production based on or allegedly based on the Audition Video or the Musical Group, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Important: Please Read General Release and Limitations on Liability

By participating in this Online Audition, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Audition, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Audition, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the Producer Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer Entities or otherwise, that may limit an participant’s ability to participate in this Online Audition; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment associated with or utilized in connection with this Online Audition and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Online Audition (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by you for defamation or portrayal in a false light. Producer Entities assume no responsibility for any damage to your computer system, which is occasioned by accessing the Online Audition Website, or participating in this Online Audition, or for any computer system, phone line, hardware, software or Musical Group malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

Governing Law

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE AUDITION OR IN CONNECTION WITH ANY AUDITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE AUDITIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW JERSEY WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.

IN NO EVENT WILL THE PRODUCER ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION INTHE ONLINE AUDITION. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU OR MEMBERS OF YOUR ACT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: PRODUCER AND YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE ONLINE AUDITION, DIVAS BY JIMENEZ® AND/OR THIS AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO RESOLVE THE MATTERS BY MEDIATION CONDUCTED IN THE STATE OF NEW JERSEY AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY SUCH MATTER IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION CONDUCTED IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, THROUGH ITS UNION CITY, NEW JERSEY OFFICE.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE AUDITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

Divas

Terms of Use & Privacy Policy

DIVAS BY JIMENEZ® Online Privacy Policy

DIVAS BY JIMENEZ® Online Audition Terms and Conditions