This contract shall be governed by and construed in accordance with the laws of [jurisdiction]. Any disputes arising out of or in connection with this contract shall be subject to the exclusive jurisdiction of the courts.
These terms and conditions, which can be amended, shall, together with any other document specifically referred to herein, form the entire agreement between us.
We may change these terms and conditions, which will be effective immediately upon posting of the updated terms and conditions on this web site. You are responsible for ensuring that you are familiar with the latest terms and conditions. Continuing to use the site represents your agreement to be bound by the terms and conditions as amended.
Companies such as TV channels, media production, photographers, event companies, or similar to post job listings; hereafter referred to as "Companies" or "Company" or
Talents such as models, actors, dancers, photographers, and musicians may choose to apply to the company's job listing; hereafter referred to as "Talent."
As part of our website, talent can register online and sign up to apply for the various UAE jobs advertised by companies, and companies can search for talent for specific jobs.
Access to our site may be interrupted, restricted, or delayed. We will not be liable for damages or costs in these circumstances.
As per Article 358 of the UAE, anyone who commits a lewd act, such as public nudity, is in violation of public decency.
If the act involves a girl or boy under 15 years old, the jail term increases to at least one year, regardless of where the act was committed, whether in a public or private place.
At first, the provisions of Federal Law No. 3 of 1987 related to the issuance of the Penal Code (the "Penal Code") may be referred to. In the UAE, making a public statement may be considered defamatory.
if it makes someone liable for punishment or contempt, regardless of the statement being true and correct in nature.
The provisions of Federal Law No. 3 of 1987 related to the issuance of the Penal Code (the "Penal Code") may be referred to. In the UAE, making a public statement may be considered defamatory if it makes someone liable for punishment or contempt, regardless of whether the statement is true and correct in nature. An act of defamation, as such, is a punishable offense under Article 372 of the Penal Code.
DivaDubai reserves the right to refuse or cancel any subscription without explanation.
By making your profile public, you acknowledge that any Internet user visiting DivaDubai.com may view your profile. Making your profile public will also make your profile accessible from search engines.
You agree that when you make your profile public or include your photo in the Talent Directory, DivaDubai.com will publish your personal information and photos and allow other subscribers to contact you. You also agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. DivaDubai.com will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your subscription being terminated and a permanent ban from the site. No refund will be given if you breach the conditions of use.
Any information submitted by you through the site may be read and used by DivaDubai.com and utilized for marketing purposes indefinitely. Your material may appear on Google and other search engines. DivaDubai.com can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display your information (in whole or part) worldwide and/or incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in your information have been waived.
DivaDubai.com allows you to post content, including photos, videos, audio, and other materials. You retain all rights to, and are solely responsible for, the user content you post to DivaDubai.com.
In addition, you grant to DivaDubai.com, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable, and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any user-provided content, in whole or in part, or to incorporate it in other works in any form, media, software, or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that DivaDubai may publish or otherwise disclose your name in connection with your user-provided content.
DivaDubai.com does not vouch for the validity, accuracy, or credibility of any talent-provided content on the websites and does not take any responsibility or assume any liability for any actions taken as a result of viewing, reading, or listening to talent-provided content on the websites. Through your use of DivaDubai.com, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks associated with dealing with underage persons, people acting under false pretences, international trade issues, and foreign nationals. DivaDubai.com does not endorse any user content or any opinion, recommendation, or advice expressed therein. By using the website, you assume all associated risks, and DivaDubai.com expressly disclaims any and all liability in connection with user content.
DivaDubai.com undertakes no obligation to pre-screen user content but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Websites. You acknowledge, consent, and agree that DivaDubai.com, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to, or prohibit the transmission or receipt of any user-provided content or other information, in whole or in part, that DivaDubai deems obscene, defamatory, or libellous UAE in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive, or otherwise inappropriate, or believes to be in violation of these Terms of Service.
All jobs posted on DivaDubai.com must be valid and not breach any local laws, including laws of equality, gender rights, race, and local work permit laws and regulations.
DivaDubai.com reserves the right to refuse any listing on the website if the listing does not meet the editorial guidelines of DivaDubai.com.
Paid or unpaid work: You must always inform talents prior to engaging in work if the work is paid or unpaid and at what rate you will be paying the applicant.
Talents understand that when applying for a job, your contact details and any information entered your personal profile will be sent to the companies. This includes any content you have uploaded.
DivaDubai.com operates a paid premium membership, which falls under recurring billing.
The paid premium subscription entitles the talent to preferential placement of applications, increased limits on media uploads, participation in events, and potentially a free casting session to assess the talent.
Talent plans for the service consist of an initial period for which there is a one-time charge, followed by recurring period charges as agreed to by you.
By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
All subscriptions are automatically renewed after the initial period and would be automatically applied for the next period without your authorization.
In order to terminate the auto-renewal, a written confirmation has to be sent from the Talent DivaDubai.com registered email address to it@DivaDubai.com. The termination will be in effect at the latest 2 weeks after receiving the email confirmation from your DivaDubai.com registered email address, but generally within 1 to 3 business days.
We reserve the right to increase fees or introduce new prices or charges at any time.
DivaDubai.com, with the prior approval of the companies, can refer and assess companies locating talent for certain job postings. This is a paid service that requires pre-approval by DivaDubai.
All charges for subscription fees and memberships are non-refundable and non-transferable.
Sharing your contacts and information
Privacy of your information DivaDubai.com, owned and operated by DivaDubai Group LTD, collects personal information about you through your use of the services and the web site, including your registration details and information relating to your use of the web site and the content you access.
You agree that DivaDubai.com may use this personal information to assist UAE in providing the services to you, for internal research purposes, to verify your identity, and to promote and market other DivaDubai.com products and services to you.
You agree that DivaDubai.com may use your images, profile text, and/or media files for the promotion of the website. You also agree that when you choose to make your profile public or include your photo in the Talent Directory, DivaDubai.com will publish your personal information and photos and allow other members to contact you.
You can access and correct your personal information at any time.
The websites are provided for lawful purposes only. By accessing or using the websites, you agree and warrant that, in connection with your use of the websites, you will not:
Alter any trademark, copyright, or other proprietary or legal notices contained in the websites; or
Manipulate the websites in any way not intended and directed by DivaDubai; or
Copy or seek to copy or "rip" any audio, video, or audio-visual content from the websites; or
Exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of DivaDubai, including, for example, inserting your own or a third party's advertising, branding, or promotional content into the Websites' contents, materials, or services; or
Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
FOR residents of the UAE Union only. Under UAE data protection law, in certain circumstances, you have the right to:
In addition, you have the right to ask the UAE not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop, or modify any regulation or enforcement measure at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential TOU violation.
You also understand and agree that any action or inaction by UAE or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "our representatives" and individually "our representative") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.
Although our representatives may moderate content on our sites and services at our discretion, they have no authority to make binding commitments, promises, or representations to anyone that they or anyone else on behalf of UAE will "take care" of any alleged problem or complaint or that they or anyone else on behalf of UAE will otherwise stop, cure, or prevent any problem, content, conduct, or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of UAE or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives, and anyone else authorized to act on behalf of the UAE will under no circumstances be liable as a result of any representation that we, our representatives, or anyone else on behalf of the UAE would or would not restrict or redress any content, conduct, or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts, and other communications expressed on our sites and services are solely those of the poster and not ours or those of our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys, or other agents. We do not guarantee the accuracy or reliability of the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents, and their opinions, comments, and posts are their own. This paragraph may not be modified, waived, or released except by a written agreement dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
We also have the right, in our sole discretion, to limit, modify, interrupt, suspend, or discontinue all or any portion of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions, or discontinuances, or any purported losses, harm, or damages arising from or related thereto.
We do not control, are not responsible for, and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of, and/or reliance on any user content. You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit, and if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
(1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicioUAE content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services, and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.
You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works), and otherwise use any content that you post. You also expressly grant and assign to UAE all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection, or aggregation of content that you post).
We do not control, are not responsible for, and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent, or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, though, or related to our sites and services, and if you create an account on our sites and services, you are responsible for all conduct or activities on, though, or related to your account.
This Section 3 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this Section 3.
Users may not circumvent any technological measure implemented by UAE to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation, or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation, or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images; inserting random text; or content "spinning."
It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf and may not permit, enable, induce, or encourage any third party to post content for them.
It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute, or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes, or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to the UAE for each instance of access to our sites and services (by any user or other third party) using that automated means.
Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme, or program in any manner or under any circumstance.
For each site, a user may create, maintain, and use no more than one account to post content only on his or her own behalf. A user must create his or her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another, and he or she must not permit, enable, induce, or encourage others to create accounts for him or her.
The purchase and sale of accounts and the creation of accounts for others are expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process, or otherwise for posting content in violation of these TOU is also expressly prohibited.
This section 4 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
To maintain the integrity and functionality of our sites and services for their users, we prohibit access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with, or disruptive to our sites and services and/or users. Beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:
The collection of our sites and services users' Personal information (including but not limited to email addresses, IP addresses, and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance, or derivative use of our sites and services or any content posted on our sites and services, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, i-frames, or RSS feeds), is prohibited. As a limited exception, general purpose Internet search engines and non-commercial public archives will be entitled to access our sites and services without individual written agreements executed with UAE that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications, and services for use or operation on or by any computer and/or any electronic, wireless, and/or mobile device, technology, or product that exists now or in the future.
Any effort to decompile, disassemble, or reverse engineer all or any part of our sites and services in order, to identify, acquire, copy, or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous UAE content) that are inconsistent with the use of our sites and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio, or quality of all or any part of our sites and services in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause, or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.
If you access our sites and services or copy, display, distribute, perform, or create derivative works from our sites and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance, or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TOU that restricts content, conduct, accounts, or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. 1201.
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, or due diligence with respect to your interactions with others.
The sites or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers, and service providers (collectively, "we"), are not responsible for the availability of such external websites or resources, and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that we do not endorse such websites and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products, or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLIC We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.
In certain instances, we may charge a fee to post content or for other features, products, services, or licenses. You are responsible for any fees applicable to content that you post or other features, products, services, or licenses you purchase or that are purchased through your account. You authorize UAE or our designated payment processor to charge your specified credit card, debit card, or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are added to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law or otherwise stated on the site or in the services, all fees are non-refundable, and payments and purchases may not be cancelled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
You agree to indemnify and hold UAE and our representatives harmless from and against any third-party claim, cause of action, demand, or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by the UAE or our representatives. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of these claims.
Your access to, use of, and reliance on our sites and services and the content accessed through them is entirely at your own risk. Our sites and services, including the websites, programs, services, forums, and content accessed through them, are provided on an "as is" or "as available" basis without any warranties of any kind.
We expressly disclaim all express and implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
In addition to the above, we also disclaim all warranties for or with respect to:
THESE DISCLAIMERS WILL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
We and our representatives will not be liable for any access to, use of, or reliance on our sites and services or the content accessed through them by you or anyone else. We will not be liable for any transactions, communications, interactions, disputes, or relationships between you and any other person or organization arising out of or related to our sites and services or the content accessed through them. This includes liability for injunctive relief as well as any harm, injury, loss, or damages of any kind incurred by you or anyone else, including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary, or punitive damages, even if we or our representative have been advised of the possibility of such damages.
These limitations will also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications, or relationships through, related to, or as a result of our sites and services or content accessed through them, including, without limitation, any links on our sites and services and links in content accessed through our sites and services.
In no event will our or our representatives' liability in connection with access to, use of, or reliance on our sites and services or content accessed through them by you exceed the amounts paid by you to us, if any. The total aggregate liability arising out of or related to this agreement will not exceed the amounts paid by you during the six (6) months preceding the bringing of any claim or five hundred dollars ($500.00), whichever is less. You acknowledge and agree that if you have not paid us any amounts in the six (6) months preceding the filing of any claim, your sole and exclusive remedy for any dispute is to stop using our sites and services and to cancel your account, if any.
You hereby release UAE and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of UAE Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
These restrictions will be enforced to the fullest extent permitted by law.
Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.
You acknowledge and agree that any violation or breach of these TOU may cause UAE immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may, in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to the UAE in law or equity, we may seek specific performance of any term in these TOU, including but not limited to a preliminary or permanent injunction.
We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or those of our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in these TOU is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our sites and services, or information provided to or gathered by UAE with respect to such use.
We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act.
In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each party in the UAE should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process:
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with the UAE for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to us.
In addition to the terms and conditions of these TOU, any sweepstakes, contests, raffles, or similar promotions (collectively, "promotions") made available through our sites and services may be governed by specific rules. By participating in any such promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these TOU, the terms and conditions of such rules will control.
Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. Our registered trademarks are protected by United States and international laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, "our marks"). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services, or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause a mistake by, or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval, or endorsement by or with us. One or more patents owned by the UAE apply to our sites and services and to the features and services accessible via our sites and services.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than those expressly set forth herein.
These TOU (along with any documents linked to them) constitute the entire agreement between you and the UAE and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as third-party beneficiaries of these TOU), there are no third-party beneficiaries of these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.
Any and all claims, causes of action, or disputes (regardless of theory) between you and UAE arising out of or related to these TOU, our sites and services, or content accessed through our sites and services will be governed by the laws of the State of California, without regard to conflict or choice of law principles.
You agree that any claims, causes of action, or disputes not subject to Section 16 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of Los Angeles, California, and you agree to submit to the personal and exclusive jurisdiction of such courts for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.
All claims not subject to Section 16 (Dispute Resolution; Arbitration) that you bring against the UAE must be resolved in accordance with Section 17(e). All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys' fees and costs up to $2,500, provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
When you use our sites and services or send e-mails to us, you are communicating with the UAE electronically. You consent to receive communications from the UAE electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your use of our sites and services includes the ability to enter into agreements and/or make transactions electronically. By using this service and making electronic submissions, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. This agreement and intent to be bound by electronic submissions apply to all records relating to all transactions you enter on this service, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
You may terminate your account and/or stop using our sites and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.
These TOU and the rights granted, and obligations undertaken may not be transferred, assigned, or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign, or delegate these TOU.
You automatically grant and assign to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations, or other feedback provided by you.
Any failure by UAE to enforce or exercise any provision of these TOU or any related right will not constitute a waiver of that provision or right.
The Diva Dubai Services are intended for users eighteen (18) years of age and older, and access or use by anyone younger is not authorized. Content featuring anyone younger than eighteen (18) years of age at the time of creation is strictly prohibited.
1.1. The Diva Dubai Listing Service We provide an online listing service. We are not a talent agency. You acknowledge and agree that Diva Dubai (a) is not an employment agent, casting agent, talent agent, manager, or producer; (b) does not procure, attempt to procure, gain, or retain employment, engagements, employment opportunities, auditions, bookings, or castings; (c) does not represent or manage its members' or users' careers; and (d) does not guarantee employment, audition, or income from the use of the Diva Dubai Services.
Diva Dubai (and its successors or assigns, or its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the software, applications, content (such as text, informational text, images, and templates; but excluding Member Content as defined below), documentation, design, layout, and other materials that Diva Dubai makes available on or through the Diva Dubai Services (collectively, the "Site Content"). The trademarks, trade names, service names, and logos associated with the Diva Dubai Services (collectively, "Diva Dubai Marks") are the sole property of Diva Dubai, its affiliated companies, and/or its licensors, and, except as otherwise specifically provided herein, nothing shall be construed as granting any license or right to use any Diva Dubai Marks.
4.2. Your Profile. When you create a profile online, that profile is included in a searchable database on the Diva Dubai Services, which can be accessed by members and non-members. Diva Dubai does not control the use of information that is in your profile by a third party. You should be careful not to include any personal information in your profile, such as your phone number, address, email address, bank account information, or other types of personal information. Any such posting is done at your sole risk.
All information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements, and other materials (but excluding Site Content) that are uploaded, posted, transmitted, or otherwise made available, whether publicly posted or privately transmitted, through the Diva Dubai Services (collectively, "Member Content"), are the sole responsibility of the person from whom such Member Content originated. You are solely responsible for any Member Content that you upload, post, transmit, or otherwise make available through the Diva Dubai Services ("Your Content").
You acknowledge and agree that Diva Dubai does not control or monitor Member Content, nor does Diva Dubai guarantee the accuracy, integrity, security, or quality of such Member Content. You further acknowledge and agree that by using the Diva Dubai Services, you may be exposed to Member Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions, and under no circumstance will Diva Dubai be liable for any Member Content, including but not limited to any errors or omissions in Member Content or any loss or damage of any kind incurred as a result of the use of Member Content. Diva Dubai reserves the right, but not the obligation, to pre-screen, review, monitor, delete, or otherwise change member content at any time in our sole discretion, with or without notice.
In connection with Your Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Diva Dubai to use all trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content, including display and reproduction of Your Content, on or through the Diva Dubai Services.
You grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works), and otherwise use Your Content, solely for the purpose for which such Content was uploaded, posted, transmitted, or otherwise made available by you.
You further grant to each user of the Diva Dubai Services a non-exclusive license to access Your Content through the Diva Dubai Services and to use, reproduce, distribute, display, and perform Your Content as permitted through the functionality of the Diva Dubai Services.
In appropriate circumstances and at our sole discretion, we may remove any Member Content or disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
8.2. Prohibited Commercial Use You agree not to use the Diva Dubai Services for any commercial use without our express written permission. Prohibited commercial uses include, but are not limited to, any of the following actions taken without our express written permission:
Unauthorized commercial uses do not include uploading Member Content to the Diva Dubai Services to promote your business or artistic enterprise or any use that Diva Dubai expressly authorizes in writing.
The following content and conduct are strictly prohibited when using the Diva Dubai services:
We will cooperate with law enforcement requests and court orders directing Diva Dubai to disclose the identity of anyone posting any such information or materials.
If you produce Member Content that is covered under 18 U.S.C. 2257 labelling requirements, you may be subject to the name- and age-verification, record-keeping, and labelling requirements of 18 U.S.C. 2257.
Diva Dubai's membership base is a diverse community of individual artists seeking to find and offer work, expand their portfolios, and grow as artists. Our goals are to foster the best in the modeling community—professionalism, creativity, and innovation—through safety, respect, and inclusiveness.
Remember: Ignorance of the rule's excuses no one from the consequences of breaking them!
We expect everyone utilizing Diva Dubai to adhere to the following rules and guidelines: The ultimate discretion in determining acceptable behaviour and content resides with the administration and moderation teams.
Do not use Diva Dubai to network for or solicit any pornographic, sexual, or imminently dangerous content or activities of any kind.
Do not link to pornographic websites.
This section applies to all areas of Diva Dubai as well as off-site communications originating from Diva Dubai.
As a website dedicated to working artists, we take intellectual property laws very seriously. Violations of copyright may result in the removal of the profile or the rejection of a membership application.
We do not want to see your inspirations; we want to see your work, showing whatever, it is you have selected to do. If you are a model, your images should show you modeling. If you are a photographer, your images should be ones you've taken. If you are a makeup artist or clothing designer, your images should show your handiwork.
This means we expect the work you upload to be work you created or were a part of creating. Uploading any image, you were not involved in creating is strictly prohibited, even if you have acquired the rights to said image.
We consider violations of copyrights, trademarks, and service marks to include, but are not limited to:
Uploading other people's content and claiming it as your own
Uploading content, you do not have permission to utilize, including proof images.
Attempting to mislead others by utilizing mock tear sheets, magazine covers, advertisements, etc. that appear to be from existing brands, sheets, magazines, and advertisements, etc.
Content posted or shared should have a clear establishment of copyright. We may ask for proof of copyright when investigating ownership rights.
If you are the creator of an image, you should be able to provide proof of creation by providing an original copy of the image.
If you are using any stock images or elements, you should be able to produce proof of permission or proper licensing to utilize that image.
Because we are a networking site for real-life work between individual artists, we expect everyone who registers a Diva Dubai member profile to be who they say they are. Member accounts are intended for personal, individual artist use only.
We do not tolerate dishonest account ownership or dishonest account maintenance. The following behaviours are included in dishonest account ownership but are not limited to:
Creating an account for someone else
Allowing anyone but the person whose work or face is represented to login or access an account.
This includes assistants, managers, or agents.
Exceptions include spouses and/or life partners who work as a photography team and identical twins with model profiles.
Pretending to be someone else and/or maintaining a fake profile.
We may request proof of identity if there are any questions regarding account ownership to ensure the proper account owner is in control of the account.
We know and understand that there are other modeling, portfolio, and networking sites out there, but Diva Dubai is not the venue to promote, advertise, or recruit for those sites or other kinds of competing services. This behaviour is prohibited anywhere on Diva Dubai, such as through PMs, casting calls, forum posts, tags, picture comments, text on a profile, etc. This rule excludes the use of links to profiles on other modeling, portfolio, or networking sites.
Prohibited behaviour: A private message to someone that says, "Sign up for this new modeling/portfolio site; it's great!"
Permitted behaviour: a blurb in an About Me section of a profile: "Here is a link to my profiles."
Keep it professional.
Diva Dubai is a lot of things, but we're not a dating site, a place to offer or seek housing, or a network to offer management or to be managed. Do not use Diva Dubai to network for intimate or personal interactions. Use our site appropriately.
Diva Dubai is not a place to populate your website or network.
Be polite and respectful when communicating with others.
Do not use Diva Dubai to upload or share content that is considered otherwise harmful or objectionable.
Harassment of any kind is not acceptable.
Do not shame, degrade, insult, bully, or otherwise belittle other members.
"Outing" is the act of publicly shaming someone or calling out their actions. Do not outsmart other people.
Only provide critiques when asked.
Critiques should be limited to the critique forum.
Private messages discussing the matter are permitted when requested.
Politely discuss the quality of the work, never the person.
Keep your login information private. Administrators and moderators will never ask you for your password or full credit card number.
Never enter your Diva Dubai login information on any other site.
Watch for scams!
Remember: A little professionalism can go a long way in building your career and reputation!
Respect the privacy of others at all times.
Do not post any of your personal information, including your phone number, address, email, etc., in your public profile or any public forums.
Do not provide your contact information to anyone unless you are sure they are legitimate.
We go out of our way to protect the privacy of our members, so if someone requests that we remove their real name or other personally identifiable information from public view, we do our best to accommodate them. Do not post confidential information such as real names, addresses, emails, phone numbers, etc. without the express written consent of the involved party.
Exceptions are made for public figures and publicly available content.
Communications, such as private messages or moderator messages, are not to be re-posted publicly without the explicit permission of all involved parties.
Refer to the Member Safety and Avoiding Scams pages for additional information on protecting your personal information and yourself.
Pro Tip: Don't use your real name for your display name if you have any concerns about your privacy now or in the future. It can be archived by search engines and will appear in relation to your profile, and we have no control over search results.
Member profiles are intended for individual artists under our approved categories, not for companies, groups, teams of individuals, or persons who qualify more for a Talent Recruiter account. Additionally, profiles are only extended to members to be used in the capacity for which they were approved.
Artists whose business reflects their individual artistry are permitted to utilize their account under their business name.
Spouses and/or life partners who work as a photography team and identical twins with model profiles are permitted to share a profile.
Member profiles are not to be used on behalf of third parties or on behalf of businesses where a member works outside the capacity for which their profiles were approved.
Artists whose work with businesses is the same as their approved membership are permitted to network, as long as the role within the business is clearly stated.
For example, if you are a photographer contracted with a company to take promotional photos, you are welcome to use your profile to network for that business' project. If you are a model acting as a model for a company's advertising campaign, you are welcome to use your profile to network for that business' project.
All non-approved or other third-party or business uses of a profile are strictly prohibited and may result in profile suspension.
In order to maintain a member profile, you must meet our membership requirements at all times: at least four visible images pertaining to your membership type and a biography.
Your profile should only display work you contributed to in your profile's member category.
For example, if you are listed as a model, you should only be showing images of yourself as a model. If you are a photographer, you should only upload images you shot as a photographer.
If you would like to show off other artistic skills, you are welcome to open a new profile!
You must be at least 18 years old and have the correct birthday listed.
Validation of age may be required.
The use of any tool that automates messages, behaviours, or the utilization of features is not allowed.
This includes macros or other means of posting announcements, sending friend requests, posting comments or tags, etc.
Spam is any message, ad, or other information that is unsolicited and indiscriminately posted or shared across any location across the site, such as through announcements, tags, private messages, shouts, comments, forum posts, etc.
Spamming may result in the removal of the profile or the suspension of all posting privileges.
If you have had a bad working experience with someone, you are welcome to talk about the experience but not discuss the person publicly.
Remember that you are liable for any posts and comments you make, so ensure you consider what you share carefully.
You may say you do not recommend someone publicly, such as "I do not recommend Diva Dubai member John Doe #123456."
You may provide more details when asked.
Diva Dubai does not arbitrate member disputes, such as model or image releases, payment issues, failure to appear for scheduled work, personal disagreements, etc. Claims of unprofessional behaviour will be reviewed on a case-by-case basis.
If a private solution cannot be reached, then you will need to explore your legal options.
The rules below apply to any images or other content uploaded to or shared on the Diva Dubai network.
Tip: Please report any violations of these rules to the moderation team if you see them. Your reports will be kept confidential! Reports can be filed directly from an image via a link at the top right of the page under "Report this image." Alternately, you can click Help and then Contact Diva Dubai to report other violations.
Any images uploaded to Diva Dubai should follow these size guidelines:
Photo Size, in pixels:
File Size, in kb:
The elements provided below are never allowed to be posted or shared on Diva Dubai in any form. Using Diva Dubai to network for these types of images is also prohibited.
Any images showing people that appear to be under the age of 18.
Bodily fluids, excluding blood, sweat, tears, and non-sexual saliva or nose snot.
Erections, of any level.
Manipulation of genitals or buttocks to "spread" them.
Genital or anal penetration of any kind.
Explicit sexual content of any kind.
Intimate photographer/subject or "point of view" content of any kind.
Sexual contact of any kind that appears to be between the photographer and model(s).
Emphasis on the genitals or anus, such as images that are specifically of the genitals, comprised mostly of genitals, or appear to be focused on the genitals.
Lists are publicly visible, but engage the mature filters provided by the image's portfolio settings.
Lists that violate these guidelines may be removed without warning.
Lists should not be compiled to degrade, insult, bully, or otherwise harass members or their images.
Images that are in a private album or are not set to be viewed by the public at large will not be able to appear in a list.
Please note that any casting labelled "paid" means that you are looking to hire and pay someone. Bartering of any kind is not considered payment. Deferred payments of any kind are not considered payments. Paid casting does not mean you want someone to pay you.
Casting calls must provide as much basic job information as possible, such as:
Casting calls cannot request payment of any kind or require that the applicants compensate the person posting the casting call or any third parties.
Profiles are only extended to members to be used in the capacity for which they were approved. In other words, a model profile should be used for that individual's personal modeling projects, and a photographer profile should be used for that individual's photography projects, etc.
You must state the nature of your involvement in the casting call.
Networking for sexual activities or pornographic content of any kind is strictly prohibited anywhere on Diva Dubai.
Casting calls are not advertisements. Casting talent to work for the following is permitted, but castings that are intended to advertise or promote the following are not allowed.
Availability Notices are to be used to alert others of your availability for projects that are within a reasonable distance of your normal place of residence. Solicitation for transportation is permitted. Travel notices are to be used to alert others of your presence in a geographic area outside of your normal place of residence. Solicitation for destination accommodations, such as airport pickup and shelters, is permitted.
All notices must provide basic information, including:
Asking to be contacted for more information is not permitted. All notices should only be for your personal projects. Other parties are welcome to create their own accounts! Networking for sexual activities or pornographic content of any kind is strictly prohibited anywhere on Diva Dubai.
Sponsored castings can only be placed by logged-in talent recruiters and approved members. Prices vary depending on the amount of time a sponsored casting is selected to be posted on the site, as well as membership type and subscription levels. Sponsored castings will only appear in up to five cities, chosen by the person posting the casting call. If more than 5 locations are desired, the poster can post another sponsored casting or pay an additional fee to have the casting be "nationwide" to appear throughout all cities in that country. Sponsored castings appear in the casting call search results as one of three pinned listings at the top of the search results. Sponsored casting search results are randomly generated for each user and are not guaranteed to appear on any page.
Only talent recruiters can send out proactive alerts. Members can use their private messages. Proactive Alerts can only be sent after posting a sponsored casting by checking the "Proactive Alerts" box. Proactive Alerts cost an additional fee on top of the Sponsored Castings listing fee. Talent recruiters can only currently send a total of 20 proactive alerts per sponsored casting. If any additional proactive alerts are desired, the talent recruiter must post an additional sponsored casting. Please note that members may or may not respond to any proactive alerts sent. It is up to the individual member to respond. Diva Dubai does not guarantee or get involved with having a member respond.