DNX4® ONLINE AUDITIONS: Terms of Use / Eligibility Requirements

Effective January 2 , 2022

 

PLEASE NOTE THAT THESE TERMS CONTAIN CERTAIN LIMITATIONS THAT REQUIRE THAT (i) ALL DISPUTES ARISING BETWEEN YOU AND DNX UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND DNX WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.

 

Welcome to the official casting website of DNX Entertainment Music Group, LLC. (hereinafter DNX). It Is very important that you review and understand these terms prior to accessing and using this site. Please read these Terms of Use “Terms” carefully since it establishes an “Agreement” between you and DNX. DO NOT USE THIS “SITE” IF YOU DO NOT AGREE WITH THESE TERMS.

 

Every time that you use this Site you are agreeing to be bound and comply with the Terms of Use.

 

These Terms are subject to change and modification by DNX without notice to you, and DNX reserves the right to make such modifications which will amend the Agreement upon posting on the Site. Accordingly, you should regularly review the Terms.

 

This Site is operated by DNX to conduct on-line auditions in connection with DNX search for musical talent through social media platforms and potential television program. It is intended for the entertainment and enjoyment of its users. By using the Site you agree to be bound by the Terms contained herein.

 

The Site has been created by DNX for your personal use and entertainment. By visiting the Site, you accept and agree to be bound by the Terms, including any future modifications, and agree to abide by all applicable laws, rules, and regulations. Please read this Agreement carefully. Your continued use of the Site following any modification(s) constitutes your acceptance and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. You may receive a copy of this Agreement by emailing us

at DNX.Support@DNX4.com; please note your access and may require you to download Software.

 

ELIGIBILITY REQUIREMENTS

DNX has the sole and exclusive right to determine eligibility and to disqualify you from the casting/contest and remove me from the Site at its sole discretion.

In order to potentially participate in the casting/contest, you acknowledge that you reviewed the eligibility requirement and that:

  • You are a male of at least 18 years of age.
  • If you are a minor at least 16 years of age and wish to audition on this site, you must ask your parent or legal guardian to register as a user and create a Contestant Artist Profile. 
  • You are able to sing in Spanish or English.
  • You are a United States Citizen or a legal permanent resident alien, and I possess a current employment authorization card (EAD card) at the present time and during the audition.
  1. You understand that prior to any live shows performance(s), I will be required to present current employment authorization or proof of adequate visa status in the United States.
  2. DNX, will have the sole discretion to accept or deny my immigration/employment status in the United States. I further acknowledge to fully cooperate with DNX, to deliver and complete any documentation necessary to establish my identity and eligibility. I further acknowledge this is an ongoing responsibility and will notify DNX in writing if my legal status in the United States changes at any time.
  3. In order to induce DNX to consider your potential participation in casting/contest, you represent that you have no present legal obligation that would prevent you from participating in the casting/contest or to be a member of the musical group DNX 4 (including but limited to management, production, or recording contracts). You further acknowledge that if you are selected by DNX to participate in casting/contest you will receive no compensation for your performance(s) and that this is not an offer of employment.

You understand and agree that DNX has the right to change in its sole discretion any eligibility requirement(s) at any time and without notice. You hereby warrant and represent that you have read the above eligibility requirements and that you meet all of the requirements listed.

 TERM

This Agreement shall remain in full force and effect while you use the Site and the casting/contest remain active. DNX may terminate your right to use the Site at any time, without warning. Agreement will remain in effect, even after the Site expires or is terminated. The rights obtained by DNX from you through the Site including but not limited to your name, voice, and likeness shall remain property of DNX in perpetuity.

DNX CONTENT

The Site contains image(s) video(s), sounds, musical works, information, and any other materials or content (collectively, “Content”) created and owned/control by DNX. The Content is protected by copyright, trademark, patent, trade secret and other laws. Except as otherwise provided in this Agreement, you may not download, copy, duplicate, reproduce, stream, modify. translate, upload, publish, broadcast, transmit, distribute, display, perform, sell or otherwise use any content appearing on or through the Site. However, you may request permission to reproduce or distribute materials found on the Site by contacting DNX in writing at XXXXX@DNX.com.

Additionally, except as expressly permitted by DNX, you are strictly prohibited from creating visual works or materials (including but not limited to icons, links, fonts, wallpaper, montages, greeting cards, videos, desktop images, on-line postcards, mash-ups and similar videos, and greeting cards) that derive from or are based on the DNX Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the DNX’s Content or any digital rights management mechanism, device, or other content protection or access control associated with DNX.

USER CONTENT

You understand that in order for you to be consider for participation in the casting/contest, you must submit your performance(s) to DNX utilizing the Site. You further acknowledge that you are solely responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site.

As a condition of your participation in the casting/contest, and to utilize the Site, you agree NOT to use the Site to:

  1. Post, upload or otherwise transmit or link to content that is: harassing, offensive, violent, threatening, unlawful, pornographic, invasive of another’s privacy, defamatory, discriminatory, libelous, or in violation of copyright, trademark, patent, trade secret or other proprietary rights.
  2. Intentionally harass or harm another person;
  3. Exploit or endanger a minor;
  4. Impersonate or attempt to impersonate another person or entity;
  5. Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  6. Interfere with, damage, disable, disrupt, impair, or gain unauthorized access to the Site, including DNX’s servers, networks or accounts;
  7. Redact, remove, disable, block or obscure advertisements or other portions of the Site;
  8. Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the DNX Services, or to circumvent or modify any security technology or software that is part of the DNX Services;
  9. Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the DNX Services. If you do so, you acknowledge you will have caused substantial harm to DNX, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay DNX $10 for each actual or intended recipient of such communication;
  10. Solicit, collect or request any personal information for commercial or unlawful purposes;
  11. Post, upload or otherwise transmit information, image or video of another person without that person’s consent;
  12. Use the Site for personal or commercial activity (including but not limited to sales, contests, or sweepstakes) without DNX’s prior written consent;

DNX may, but is not required to monitor the Site for violation of the aforementioned. DNX however, assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user. DNX reserves the right to investigate and take appropriate legal action against anyone who, in DNX’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge that DNX reserves the right to investigate and take appropriate legal action against anyone who, in DNX’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

 

By submitting the User Content, you hereby grant to DNX, in perpetuity, a non-exclusive, royalty-free, a 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 User Content for any purpose whatsoever, throughout the universe, including, without limitation, in connection with the Site including, without limitation, promotion, marketing, advertising,   merchandising and the exploitation of any and all ancillary and subsidiary rights, of the Site and derivative works thereof, and (ii) the business of DNX and/or its affiliated companies, whether contractually bound at the present time or in the future. DNX is free to utilize and exploit User Content without limitation in websites, 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 DNX or any of his affiliates or successors 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. To avoid doubt, without limiting the generality of the rights granted to DNX entity, these rights include, without limitation, the absolute right to edit and/or alter any User Content distribute and synchronize all or any portion of your User Content 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 User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; 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 User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.

 

DNX has no obligation to review the submitted User Content or to use same in any manner whatsoever.

 

PRIVACY

Use of the DNX Services is also governed by our Privacy Policy located HERE which is incorporated into this Agreement by this reference.

 

YOUR PROPRIETARY RIGHTS

You shall retain all ownership rights in your User Content.  By submitting User Content and agreeing to these Terms, you hereby grant to DNX, in perpetuity, a non-exclusive, royalty-free, sub-licenseable and freely transferable license to use, display, prepare derivative works, reproduce, distribute,  translate, and otherwise exploit and perform all or any portion of the User Content for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the casting/contest, and the Site, 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 Site content, and any and all business of DNX and/or its affiliated companies. DNX is also hereby granted the right to utilize User Content in websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, internet, wireless or interactive platforms or interfaces) through which DNX and/or its affiliates 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. To avoid doubt, without limiting the generality of the rights granted to DNX and/or any of its affiliates, these rights include, without limitation, the absolute right to edit and/or alter any User Content distribute and synchronize all or any portion of your User Content 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 User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; 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 User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.  DNX has no obligation to review your User Content or to use your User Content in any manner whatsoever.

 

THIRD PARTY LINKS, SERVICES

DNX may provide, or third parties may provide, links to other websites, social media services, applications, resources or other services created by third parties (“Third Party Services”). When you engage with the Third-Party Service, you are interacting with the third party, not with DNX. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your data in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third party providing the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. DNX is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an affiliated DNX or DNX otherwise connected with the Site. DNX makes no warranties, express or implied, as to the Third-Party Services (including the accuracy and completeness of information supplied or the privacy practices thereof). If you decide to access other websites, you do so at your own risk. If DNX has provided links or pointers to other websites on the Site, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that DNX is connected with, operates, controls or endorses these websites. When you access other websites or Third-Party Services, DNX encourages you not to provide any personally identifiable information unless you know and are comfortable with the party with whom you are interacting and their privacy policy.

If you are interested in creating hypertext links to the Site, you must contact DNX at DNX.Support@DNX4.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or DNX, including its respective employees, agents, directors, officers and/or shareholders.

DNX takes no responsibility for third party advertisements which are posted on the Site and DNX, takes no responsibility for the goods or services provided by third party advertisers.

 

 

NEWSLETTER; EMAIL ALERTS

DNX may deliver newsletters and email alerts to its subscribers of the Site. If you would like to subscribe to any of the newsletters DNX offers, you may do so by clicking on the “Newsletter” link near the bottom of all site pages. If you would like to unsubscribe from any DNX newsletter or email alert, you may do so by clicking on the “unsubscribe” link at the bottom of the DNX newsletter or email alert that you have signed up to receive.

DISCLAIMERS

The Site is provided “AS-IS” and “as available” and DNX does not guarantee or promise any specific results from use of the Site. DNX expressly disclaims any warranties and conditions 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. In particular, DNX makes no warranty that your use of the Site will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Site or Third-Party Services (including but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will DNX be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site, problems or technical malfunction in connection with use of the Site, attendance at a DNX event, any material downloaded or otherwise obtained in connection with the Site or any User Content, third party advertisement or third party website posted on, through or in connection with the Site, or the conduct of any users of the Site, whether online or offline. Your use of User Content, third party advertisements, third party website and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and third-party website do not necessarily reflect the opinions or policies of DNX.

 

 

LIMITATION OF LIABILITY

IN NO EVENT WILL DNX, ANY OF ITS AFFILIATED COMPANIES OR DNX’s PRODUCERS, SPONSORS OR ADVERTISERS (OR EACH OF THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE DNX SERVICES, EVEN IF DNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DNX’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DNX FOR USE OF THE SITE DURING THE TERM OF YOUR USE.

INDEMNITY

You agree to defend, indemnify and hold harmless DNX, any of their affiliated companies and producers, sponsors and advertisers and each of their parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

TERMINATION

DNX reserves the right to immediately terminate your use of, or access to, the Site at any time for any or no reason, with us without prior notice or explanation, and without liability. Furthermore, even after your user account or access to a section of the Site is terminated, this Agreement will remain in effect.

U.S. EXPORT CONTROLS

Software available in connection with the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Arbitration

Any dispute arising hereunder shall be arbitrated by, and under the rules of Judicial Arbitration and Mediation Services (J.A.M.S.) in New Jersey, and before a mutually selected arbitrator experienced in the United States television and internet entertainment industry.  Each of you and DNX also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and DNX. The only exceptions to this are that (i) each of you and DNX retains the right to sue in small claims court and (ii) each of you and DNX may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. 

 

Governing Law

This Agreement shall be deemed negotiated and entered into and shall be construed in accordance with the laws of the State of New Jersey and the United States applicable to agreements which are negotiated, signed and performed within such state.  All actions, proceedings or litigation arising out of this Agreement shall be instituted and prosecuted solely within the State of New Jersey.  Talent hereby consents to the jurisdiction of the state courts of New Jersey and the federal courts located in the Newark, New Jersey as to any matter arising out of or relating to this Agreement, and agree that New Jersey is a convenient forum.

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and DNX agree to submit to the exclusive jurisdiction of the courts located in New Jersey, to resolve any Dispute arising out of the Agreement. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE DNX SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 

Indemnity

You agree to indemnify and hold DNX, and  companies affiliated with DNX, producers, distributors and/or other entities associated with the exploitation of casting/contest and the Site, including but not limited to stations affiliated with DNX and/or DNX4®, producers of the casting/contest and the Site, each advertiser, sponsor and their advertising agencies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the Site or DNX (including, without, limitation, any use of your account, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any content that you transmit through the Site and/or DNX.

Unsolicited Submissions

DNX does not knowingly accept, via the Site or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. DNX requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any DNX and/or its affiliate’s creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to DNX via the Site that are unsolicited, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and DNX; (ii) any such unsolicited submissions and copyright become the property of and will be owned by DNX (and are not User Content licensed by you to DNX under this Agreement, and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as DNX sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against DNX and /or any of its affiliates relating to any unsolicited submissions by you.

Other

The failure of DNX to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the DNX may be required by Applicable Law to send to you will be effective upon DNX’s sending an e-mail message to the e-mail address you have on file with DNX or publishing such notices on the informational page(s) of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DNX as a result of this Agreement or your use of the Site. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits DNX’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DNX in connection with such use.

Please contact the Site Administrator DNX.Support@DNX4.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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