Diva Werks, LLC is a for-profit business which allows participants to play the
“Dance Diva” game and compete in the “Face of the Game Contest”, among other
services. Semi finalists for “The Face of the Game Contest” may be contacted to
participate in further video submissions, photo shoots, or to participate in promotions of
the Dance Diva Game and The Face of the Game Contest. Videos previously submitted
may also be used for promotional purposes. You should keep your own copy of the
videos or Content (as defined below) you submit to Diva Werks. Content not related to
semi finalists or finalists will likely be deleted by Diva Werks, and all Content submitted
is subject to the following license and terms and conditions.
By submitting photos, video, dance routines or other information to Diva Werks
(“Content”), you affirm, represent and warrant that you own or have the necessary
licenses, rights, consents, and permissions to publish the Content that you submit, and
you license all patent, trademark, trade secret, copyright or other proprietary rights in and
to the Content for use or publication to Diva Werks.
You retain your ownership rights in the Content submitted to Diva Werks.
However, by submitting Content to Diva Werks, you hereby grant Diva Werks, its
successors, assigns and affiliated companies (“Affiliates”) a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare
“avatar” or derivative works of, and display such Content or any portion thereof in
connection with Diva Works’ websites, applications, games, advertising and promotional
materials, or those of its Affiliates, in any media formats and through any media
channels. The above licenses granted by you are perpetual and irrevocable.
You agree that neither Diva Werks or its Affiliates are responsible for any error,
omission, interruption, deletion or defect with respect to the Content or use of the
Content. By submitting Content, you agree to release, discharge, defend and hold
harmless Diva Werks and its Affiliates, and their owners, operators, employees,
successors, or their respective licensees, assigns, officers, directors, employees, members,
partners, agents and representatives, (collectively the “Released Parties”), from and
against any claim, expense or liability arising from or related to the submission, use,
exhibition, or exploitation of the Content.
You hereby agree that any litigation, dispute or disagreement arising in any way
from your participation in or with Diva Werks, the “Dance Diva” game, or “The Face of
the Game Contest”, or in any way involving any Content, shall be governed by and
construed under and in accordance with the laws of the United States and the
Commonwealth of Kentucky applicable to contracts entered into and wholly performed
in the Commonwealth of Kentucky. You further consent and agree to the exclusive
jurisdiction and venue of the federal and state courts of the Commonwealth of Kentucky,
located in Jefferson County, Kentucky.
Diva Werks and the Released Parties shall not be responsible or liable in any way
for any unauthorized access to or use of its servers and/or any and all personal
information and/or financial information which may be present therein, nor for any
interruption of service or for any bugs, viruses, trojan horses, or the like, which may be
transmitted to or through our services or websites by any third party. In no event shall
the Released Parties be liable to you for any direct, indirect, incidental, special, punitive,
or consequential damages whatsoever resulting from any loss or damage of any kind
incurred as a result of your participation with Diva Werks, the submission of any Content
to Diva Werks, or in any way related to Diva Werks or its Affiliates, or the Released