TERMS & CONDITIONS

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. If you agree to be bound by these terms of use, please click on the "I accept terms of use" button below indicating your intent to be legally bound hereby. If you do not accept these terms of use, then do not click on the "I accept terms of use" button below and do notuse or access our website.
ACCESS OUR WEBSITE.
Welcome to The Equal Group's website (the "Site"). We are dedicated to the free expression of our users in a collaborative and sharing environment. We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the creators of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law. We will take all reasonable measures to keep information and users safe. We hope your experience with The Equal Group will be enjoyable and efficient.
Terms that Govern the Use of the Site.
1. General Use of the Site and Agreement to these Terms of Use.
These Terms of Use govern our mutual rights and responsibilities when you use the resources and services provided by The Equal Group (collectively, "The Equal Group", "we", or "us"). These Terms of Use, and our Privacy Policy Statement (the "Privacy Policy"), which is incorporated into these Terms of Use by reference, apply to all activities and modalities on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.

Unless otherwise agreed to, you are subject to these Terms of Use, and any additional terms that may apply. These additional terms, if any, will be available through the Site. These Terms of Use create a legal agreement between you and the Site and supersede any prior agreements between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Site after any such do not use or access (or continue to use or access) the Site.

By accessing the Site, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others. By accepting these Terms of Use, you agree to provide accurate, complete and current information and to maintain and update such information to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.

2. Rights and Obligations Related to Content and Material.
The Site and its contents are protected by copyright pursuant to U.S. and international copyright laws. By posting your material on the Site, you are granting us and our affiliates a irrevocable, nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including, but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and you agree to give us the right to use your name and likeness for attribution purposes. The Site includes information, views, opinions and recommendations of individuals and organizations of interest to the design/fashion/modeling community. The Equal Group assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information in any material on the Site and does not endorse any opinions or recommendations posted by members or registered users nor do we give design/fashion/modeling-related investment advice. You should exercise discretion and skepticism before relying on information in messages or submissions since it may be incorrect or misleading.

We do not screen, review or edit messages posted by users. Notwithstanding the foregoing, we reserve the right to monitor and/or remove any information transmitted or received through the Site, or to terminate your membership and use of the Site at any time, without notice, in our sole discretion. It is each user's responsibility to bring violations of these Terms of Use to our attention, although we do not guarantee any action based on such information. The following actions, among others, may result in removal of information and/or termination of your membership:
The posting of the following content in any member account:
  • Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or federal laws.
  • Any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.
  • Any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
  • Content that promotes, encourages, or provides instructional information about illegal activities.
  • Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
  • The use of the Site for any illegal purposes.
  • Providing false information to The Equal Group.
  • Any violation of the letter or spirit of these Terms of Use.
The Site allows registered members to submit photos by uploading image files to the Site's servers.

You must be at least thirteen (13) years old to sign up as a member. As a member you are solely and fully responsible for any content posted by you or visitors to your account. Although we review member account content on a spot check basis, we cannot establish nor guarantee the legal nature of any such content.

By submitting your artwork or photos to the Site, you represent that the artwork or photos complies with these Terms of Use. If any third party brings a claim, lawsuit or other proceeding against The Equal Group or its affiliates based on content you post on the Site, you agree to compensate The Equal Group and/or its affiliates, officers, directors, members, employees and agents for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by such party in connection with any such claim, lawsuit or proceeding.

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.

Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.

3. Proprietary Rights.
Your use of the Site affords you access to many of the features of the Site, but some aspects of the Site remain within our exclusive proprietary control. We own the intellectual property rights to any and all protectable components of the Site, including, but not limited to, the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of the Site, and many of the individual features. You shall not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the Site, which we own.

4. Third Party Sites.
We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software and that any usage by you thereof is expressly at your own risk.

5. Termination
You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site for any reason including, without limitation, your breach of these Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely manner, failure to maintain an active email, or any attempted assignment of your account by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. The Equal Group shall not be liable to you or any third party for the termination of the Site and/or your account or any claims related to the termination of the Site and/or your account.

6. Limitation of Liability.
You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. THE EQUAL GROUP AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE RESPONSIBLE (JOINTLY OR SEVERABLY) TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EQUAL GROUP PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE

7. Indemnity.
You shall defend, indemnify and hold harmless The Equal Group and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with the Site, your violation of these Terms of Use or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification

8. Disclaimers of Warranty.
THE SITE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.

9. Participation.
Competition entrants selected by the panel but unable to participate in such competition for any reason will be ineligible for prizing or recognition as the competition winner and will not receive compensation or recognition of any form. Before public announcement, competition winners will give confirmation of their availability to participate in the offering under complete understanding of time, location, and other unforeseen constraints and agree to execute any documentation reasonably necessary for The Equal Group to fulfill the purposes of the competition, including, but not limited to, image and likeness releases and waivers of liability.

10. Miscellaneous Provisions.
A. Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Use shall be litigated and enforced under the laws of the State of New York. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of New York, United States of America, and that the sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

B. Waivers. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of The Equal Group to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

C. Severability. If any provision of these Terms of Use shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Use, the remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Use is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

D. Headings. The headings used in these Terms of Use are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Use.

E. Binding Agreement. These Terms of Use shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of The Equal Group and its affiliates, successors, assigns and licensees.

F. Entire Agreement. Entire Agreement. These Terms of Use and any and all other online policies promulgated by The Equal Group , constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

G. Acknowledgment. IF YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE click on the "I Accept Terms of Use" button below INDICATING YOUR INTENT TO BE LEGALLY BOUND HEREBY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT click on the "I Accept Terms of Use" button below AND DO NOT USE OR ACCESS THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT CLICK THE BUTTON, BUT PLEASE BE ADVISED THAT YOU WILL NOT BE ABLE TO USE THE MAJORITY OF THE SITE FUNCTIONS. TO THE EXTENT YOU HAVE ACCESS TO, OR ARE USING, THE SITE WITHOUT HAVING CLICKED THE BUTTON, YOU ARE HEREBY NOTIFIED THAT YOUR CONTINUED USE OF THE SITE IS SUBJECT TO THESE TERMS OF USE.

H. Deletion. The deletion of account and associated entries will not result in a refund and/or compensation of any kind. Once your account has been deleted, all files associated with your profile and competition entries will no longer be accessible by you or the public on this site. Images deleted from your account still fall under the copyright protection under section 2 of these terms and conditions.