www.EyeCandyPeople.com
Welcome to www.eyecandypeople.com (the "Website"),
operated by Eye Candy People, (referred to as "EyeCandyPeople", "we",
"us" or "our") PLEASE READ THESE Terms of Use
("Agreement") CAREFULLY BEFORE USING THIS WEBSITE. This Agreement
sets forth the terms and conditions which govern your use of the Website. By
accessing the Website, you agree to be bound by the terms and conditions set
forth in this Agreement and by the Crew Privacy Policy which is located at
www.eyecandypeople.com and which is incorporated into this Agreement by
reference. If you do not wish to be bound by this Agreement, you are not
authorized to use this Website.
The Website provides the means for anonymous browsers ("Visitors") to
learn more about us. Visitors who are at least eighteen (18) years of age and
who affirmatively indicate their agreement to abide by this Agreement, by means
of a click-through consent, ("Registrants") may submit an on-line
application to Eye Candy People ("Application"). By clicking
"become part of the crew" at Eye Candy People. You may register if
you are under the age of 18 BUT ONLY IF your parent/legal guardian registers on
your behalf. Registrants may NOT be under the age of 16. In the case of a
Registrant under the age of 18, "Registrant" will be deemed to
include a parent/legal guardian.
Please read this Agreement carefully before accessing the Website. Eye Candy
People reserves the right to modify the Agreement at any time. You agree to
review the Agreement periodically to be aware of such modifications. You
further agree that your continued use of the Website will be deemed conclusive
evidence of your acceptance of any modified Agreement. We will indicate that
changes to this Agreement have been made by updating the date shown after
"Last Updated" at the end of this Agreement. If you do not agree to
abide by any modified version of this Agreement, you are not authorized to use
this Website. A current version of the Agreement is accessible via the footer of
the Website’s homepage.
1. Registrants
1. Capacity. In order to submit an application you must become a Registrant by affirmatively accepting this Agreement. By clicking on the "I Accept" tab, the Registrant acknowledges that he or she is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to click the "I Accept" tab will prevent an individual from becoming a Registrant. If you are under the age of 18 but at least 16 years of age you may have your parent/legal guardian register on your behalf. Visitors under the age of 16 may not register.
2. Accurate Information. Registrants agree to provide Eye Candy People with accurate, complete and current information, and to update such information if and when it should change.
3. Charges. While use of the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for such use.
2. Submissions
1. Applications. The Website enables Registrants to submit Applications to Eye Candy People which contain (i) personally identifiable information ("PII") about Registrants, including without limitation their name, address, telephone number and email address, (ii) a detailed description about such Registrant’s physical attributes, and (iii) photographs/videos of such Registrants (collectively, the "Content"). Registrants understand submission of an Application does not mean they will become an Eye Candy People crew member and does not guarantee that Eye Candy People will contact them or make an offer of a modeling contract.
2. Grant of License to Content. By posting content ("Content") to the Website or by otherwise submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Eye Candy People, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights in and to any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Eye Candy People shall not be limited in any way in its use, commercial or otherwise, of any such Content, and Registrants hereby waive any moral rights or approval rights in or to, such Content as well as the right to receive credit or payment of any royalty or fee whatsoever to the anyone associated with the Content, including without limitation the photographer/videographer, author, composer producer or the subject of such Content.
3. Registrants acknowledge and agree that (i) Eye Candy People has the right to post, or take down, Content submitted by you at any time; (ii) Eye Candy People has no obligation to use your Content; (iii) the submission of your Application and/or Content in no way imposes any obligation on Eye Candy People, whether of confidentiality, attribution, or otherwise, and Eye Candy People shall not be liable for any use or disclosure of any Content contained in the Content; (iv) you hereby waive any claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your (or your child’s) image/likeness, photographs and/or videos, (v) you will pay for all royalties, fees and any other monies that may be due or owing to any person by reason of any Content submitted by you to the Website, and (vi) Content submitted to the Website may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations.
4. Restrictions. Registrants agree NOT to submit to the Website any Content that:
o is fraudulent;
o is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
o interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
o infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work, or is abusive, threatening, obscene, defamatory or libelous;
o is patently offensive to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o harasses or harms, or advocates the harassment or harming of another person;
o displays pornographic or sexually explicit material of any kind or contains photographs/videos which are in bad taste, contain nudity, obscene, lewd or otherwise offensive or objectionable matter;
o causes us to lose (in whole or part) the services of our ISPs or other suppliers; or
o violates any applicable local, state, national, or international law.
5. Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Eye Candy People.
3. Intellectual Property
1.
Copyright. Please feel free to browse the Website. You may download or
make single copies of materials displayed on the Website for your own personal
and noncommercial use, provided that all copies will retain the copyright,
trademark or other proprietary notices displayed with the materials on the
Website. You may not distribute, transmit, copy, download or otherwise make
available any material from the Website, including any text, images, audio or video
clips, for public or commercial use, without the prior written permission of Eye
Candy People.
Except as otherwise noted, all content of the Website is:
©2010 Eye Candy People. All Rights Reserved
Trademarks. "The trademarks/service marks and logos (collectively the
"Marks") displayed on the Website identify the products and services
of Eye Candy People, its advertisers and other third parties and inform the
public as to the source of those products and services. Nothing contained on
this Website should be construed as granting any right or license to use any
Mark displayed on the Website in any manner whatsoever. Your misuse of any Mark
is strictly prohibited, including, without limitation, your use of any Mark:
(i) in any manner likely to cause confusion; (ii) to identify your products or
services; (iii) in, as or part of your own trademarks or service marks; (iv) in
any manner that implies inaccurately a sponsorship, endorsement or other
connection with your products, services or other activities; or (v) in a manner
that disparages or dilutes any of the Marks or Eye Candy People.
You are also advised that Eye Candy People reserves the right to enforce its
intellectual property rights to the fullest extent of the law. You agree not to
display or use the Marks without the prior written permission of Eye Candy
People.
4. Links
Eye Candy People may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Eye Candy People will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites will be subject to the policies and procedures of the owner of such websites.
5. DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT:
1. EYE CANDY PEOPLE IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, DAMAGED, ILLEGIBLE OR MISDIRECTED APPLICATIONS OR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS OR ANY COMBINATION THEREOF. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL
2. USE OF THE WEBSITE BY REGISTRANTS AND VISITORS IS AT YOUR SOLE RISK. EYE CANDY PEOPLE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE.
3. THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EYE CANDY PEOPLE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, EYE CANDY PEOPLE DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
1. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL EYE CANDY PEOPLE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EYE CANDY PEOPLE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ((I) THE AMOUNT PAID BY YOU IF ANY TO ACCESS THIS WEBSITE OR (II) $100.
2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 5 OR 6 HEREOF MAY NOT APPLY TO YOU.
7. Representations and Warranties
You represent and warrant that (i) you will abide by the terms of this Agreement, (ii) the submission of an Application does not violate any restrictions to which such you may be bound, (iii) Content submitted by you will be accurate does not and will not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Content does not violate the terms of this Agreement or any applicable laws or regulations.
8. Indemnification
You agree to indemnify, defend and hold Eye Candy People harmless from any claim, expense or demand, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Eye Candy People be liable in any way for the accuracy, reliability, or quality of any Content, and that you will hold Eye Candy People harmless for (i) any errors or omissions in Content submitted by you, or (ii) any loss or damage of any kind incurred as a result of the use of Content submitted by you.
9. Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Website are solely between you and such third party. You agree that Eye Candy People shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Privacy
Eye Candy People is committed to safeguarding your privacy. The terms regulating the handling of PII and other information by you in connection with the Website is described in our Privacy Policy, which can be found at: http://www.eyecandypeople.com/privacy_policy.html.
11. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Eye Candy People by this Agreement.
12. Governing Law; Venue
You acknowledge and agree that this Agreement will be governed by and construed in accordance with the laws of the United States, including US copyright and trademark laws, and with the laws of the State of California, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
13. General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Eye Candy People, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
14. Contact Us
If you have any questions or concerns regarding the Website, please contact us by e-mail at inquiry@eyecandypeople.com or write to us at Eye Candy People, 229 Longridge Rd, Los Gatos, CA 95032
Last Modified: May, 2010