Conditions d'utilisation - Page

The following describes the terms on which Les Productions Beauty World Search Inc. doing business under the name The Fashion Hero (The Fashion Hero, we, us or our, as appropriate) offers you access to its website located at www.thefashionhero.com (the website).

1. Introduction

Before registering as a participant for The Fashion Hero you must agree to the these Terms and Conditions as well as to the terms and conditions which are included in our Privacy Policy and our Posting Policy and Guidelines, which are part of and incorporated by reference in these Terms and Conditions as if recited at length herein, and all of which apply and bind you from the moment you access and use our website, whether you eventually become a participant or not. If you object to any provision of these Terms and Conditions and of the aforementioned policies and guidelines incorporated herein by reference, you are not authorized to use our website or register as a participant and therefore must not use our website or register as a participant.

The global search is intended for participants aged 16 and over and that speak english. If you have not yet reached the age of majority but are over the age of 16, a parent or legal guardian must fill out and return the Parental Authorization and Release Form to The Fashion Hero.

2. Becoming a Participant

Once you register as a participant on our website , you then become able to upload information about yourself, including your name, age, and country, a main profile picture, a headshot, and other information, comments and Contents (as defined hereafter) which will allow you to have a chance to be part of a global movement that is challenging the unattainable standards of the fashion/beauty industry. The options and features of this website may change from time to time, such as imposing limits on the type and amount of profile information, personal pictures or videos which may be uploaded by a participant. In order to register as a participant, you hereby confirm that you are not under any contract or arrangement with any type of casting or modeling agency or enrolled with any such type of organization or agent. If you are under any such type of casting or modeling agency or enrolled with any such type of organization or agent, your participation will only be valid once your agent or agency has executed and returned to us the Agent Authorization and Release Form. By becoming a participant, you acknowledge that you may be contacted and asked to travel (therefore, you understand that you need to have a valid passport) or participate in other promotional marketing activities which are further detailed on our website. You can only register as a participant for your own purposes; you may not impersonate another person or register and create a profile for a person other than yourself. Any votes gathered in the process of becoming a monthly winner are non refundable. The Fashion Hero reserves the right to not go ahead with the new season in the instance where budget or circumstances out of their control do not allow, and The Fashion Hero reserves the right to change both dates and location as needed. Participants must be able to speak english for any season of the international version of The Fashion Hero TV series. If you cannot speak english you will unfortunately not be able to take part in the international version. If a local version of the series is created and in a language you speak you will be elligible for a chance to be part of said season.

3. Content License from You

When you send, submit, post or display content via our website or submit or upload information when registering as a participant, you retain copyright and any other rights you already hold in such information and in any materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages included in such information (Content). By sending, submitting or posting Content when using our website or registering as a participant, you grant The Fashion Hero and our Sponsors and, as the case may be, our affiliates, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. This license is for the sole purpose of enabling The Fashion Hero and the Sponsors, and, as the case may be, our affiliates to conduct our global search and operate our website and all related activities, including without limitation promotional activities. You confirm, represent and warrant to The Fashion Hero and its Sponsors that you have all the rights, power and authority necessary to grant the above license and that any Content you supply to us is and shall be lawfully provided to us and that we and our Sponsors shall be entitled to disclose your name with any such Content that we may choose to publish on the website or elsewhere in connection with our global search.

4. Responsibility for Content

You understand that all Content uploaded when sending, submitting, posting or displaying member information or when registering as a participant, is the sole responsibility of the person from which it originates. This means that you, and not The Fashion Hero (nor The Fashion Hero’s Sponsors or affiliates), are entirely responsible: for all Content that you upload, post, email, transmit, or otherwise make available via our website or the registration; and for ensuring that your Content is true and accurate, does not include misleading information and in no way infringe or violate anyone’s proprietary rights including, without limitation, the privacy rights or copyrights of any photographers or third parties. The Fashion Hero does not control the Content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of any Content. You therefore agree that you will not hold The Fashion Hero, and its Sponsors or affiliates, responsible or liable for any inaccuracies in the Content posted or submitted, for any errors or omissions in any Content, or for any violation of third party rights and any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via our website or your participation.

5. Right to Remove or Disclose Content

You acknowledge that The Fashion Hero does not pre-screen Content uploaded or transmitted by its participants or users, but that The Fashion Hero has the right (but not the obligation) to refuse or remove any Content that is available on its website or uploaded by its participants that violates these Terms and Conditions or The Fashion Hero Posting Policy and Guidelines or is otherwise objectionable, in our sole discretion. You acknowledge and expressly consent to The Fashion Hero and, as the case may be, to its Sponsors and affiliates, accessing, preserving, and disclosing your account, participant information and Content if required to do so by law or if in good faith it believes that such access, preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms and Conditions or our Posting Policy and Guidelines; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of The Fashion Hero, our Sponsors, our affiliates, any of our participants, users of our website and the public.

6. Restrictions on Use

As a condition of your use of the website, you agree that you will at all times abide by our Posting Policy and Guidelines. Notwithstanding the foregoing, you agree that you will not use the website or your participation to:

Violate any laws or third party rights, nor to use the website for any purpose that is unlawful under applicable law, or prohibited by these Terms and Conditions or otherwise use the website or any Content thereon in a way that brings The Fashion Hero or our Sponsors or any third party into disrepute or causes The Fashion Hero or our Sponsors to be liable to any third party;
Visit our website and register as a participate if you are not able to form legally binding contracts, are under the age of majority in your jurisdiction or country of residence, or are temporarily or indefinitely suspended from our website;
Upload, post, email, transmit, or otherwise make available any Content that: is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; you do not have a right to make available under any law or under contractual or fiduciary relationships; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, without limitation, a third party’s copyrights or a third party’s right to his or her image, such as by uploading a picture or video on our website without that third party’s prior written consent; would constitute unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of illegal solicitation;
Impersonate any person or entity, including, but not limited to, The Fashion Hero’s official or a Sponsor’s or an affiliate’s official or falsely state or otherwise misrepresent your affiliation with a person or entity;
Represent or suggest that The Fashion Hero or a Sponsor or affiliate thereof endorses any business, product or service unless The Fashion Hero or the Sponsor has separately agreed to do so in writing;
Transfer your participant account to another party without our prior consent;
Reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the website or its content except as permitted by us under these Terms and Conditions or as expressly provided under applicable law;
Distribute viruses or any other technologies that may harm us, our Sponsors, our affiliates, our website or the interests or property of our participants or website users;
Copy, modify, or distribute Content from our website (or our Sponsors’ or affiliates’ copyrights and trademarks), other than through the use of any sharing functionalities provided by us and as may be available on our website; or
Harvest or otherwise collect, use or disclose personal information about our participants or website users, including email addresses, without their prior consent or not in compliance with applicable data protection, anti-spam and/or privacy laws.

Additionally, you agree that you will not:

Take any action that imposes or may impose (in our discretion) an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our Sponsors or affiliates;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own Content) from our website or our Sponsors’ or affiliates’ websites without the prior expressed written permission of The Fashion Hero and the appropriate third party, as applicable;
Interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted or transmitted through our website or submitted or uploaded upon registering as a participant.

7. Payment and Fees

The fees in connection with paid features of our website may vary and are subject to change at our sole discretion. Votes are non-refundable. Any votes deemed as fraudulent on our website will be the responsibility of the contestant. If the payment is in fact fraudulent, the votes will be removed and the contestants profile will be deleted within 48 hours of the situation. The contestant who the fraudulent payments are associated to can be pursued to the full extent of the law and be required to refund both the votes and any fees that Les Productions Beauty World Search Inc./The Fashion Hero incur due to these fraudulent payments.

8. Registration, Accounts and Passwords

Upon registering to become a participant, you will select a username and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You understand and agree that you are solely responsible for maintaining the confidentiality and security of your account log-in information including your username and password, and are fully responsible for all activities that occur under such account. You agree that any person using your log-in information will be deemed to be you and that The Fashion Hero is not required to verify the identity of the user of such information. You further agree to immediately notify The Fashion Hero of any unauthorized use of your account or any other breach of security; and exit from your account at the end of each session.

9. Suspension or Termination of Membership or Use

Without limiting other remedies, The Fashion Hero may, in its sole discretion, limit, suspend, or terminate any participants and user accounts, prohibit access to its website, and take technical and legal steps to keep users off its website, remove and discard any Content within a participant, for any reason, including, without limitation: (a) accounts that are unconfirmed; (b) if The Fashion Hero believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or our Posting Policy and Guidelines; (c) request(s) by law enforcement or other government agencies; (d) if you provide any information that is untrue, inaccurate, not current or incomplete in your participant account, or if The Fashion Hero has reasonable grounds to suspect that you have done so; (e) a request by you; (f) discontinuance or material modification to our participants (or any part thereof); (g) unexpected technical or security issues or problems; (h) in compliance with legal process; if you have or we believe you have engaged in illegal activities, including without limitation, fraud; (j) nonpayment of any fees owed by you in connection with the participation registration which you have subscribed for; and/or (k) non compliance with data protection, anti-spam and privacy laws which may apply.

To the extent permitted by law, you acknowledge and agree that any termination of your access to our website or your registration under any provision of these Terms and Conditions may be effected without prior notice and that The Fashion Hero may immediately deactivate or delete your account and all related Content (including, without limitation, all information associated with or stored in connection with your account and/or bar any further access to such Content or your registration/profile). You agree that The Fashion Hero and Sponsors shall not be liable to you or any third-party for termination of your account, or termination of your access to the website or your Membership. The sections of these Terms and Conditions which by nature should survive the termination will do so.

10. Proprietary rights

You acknowledge and agree that The Fashion Hero (including, as the case may be, the Sponsors, the affiliates and The Fashion Hero’s licensors) own all legal right, title and interest in and to the website, including any intellectual property rights which subsist in the website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the Terms and Conditions gives you a right to these rights or to use any of The Fashion Hero’s or its Sponsors’ or affiliates’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Other than the limited license set forth in section 3, The Fashion Hero acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions in or to any Content that you submit, post, transmit or display on, or through, our website or your registration, including any intellectual property rights which subsist in any such Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that The Fashion Hero or its Sponsors have no obligation to do so on your behalf.

11. Practices and Limits Concerning the Registration/participation

You acknowledge that The Fashion Hero may establish general practices and limits concerning use of our website or your registration /participation, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the website, the maximum number and type of Content that may be uploaded by a participant, the maximum size of any message, file or Content that may be uploaded by an account, and the maximum number of times (and the maximum duration for which) you may access or use our website in a given period of time. You further acknowledge that The Fashion Hero reserves the right to change these general practices and limits at any time.

12. WARRANTIES AND LIMITATION OF LIABILITY

You will not hold The Fashion Hero (and our officers, directors, agents, subsidiaries, joint ventures and employees), or its Sponsors and affiliates, responsible for other users’ Content, actions or inactions, which are made through our website or your registration. We cannot guarantee continuous or secure access to our website, and operation of our website may be interfered with by numerous factors outside of our control. You therefore agree that your use of the website is on an as-available basis. We also cannot guarantee the number of Sponsors that will participate in our global search, whether these Sponsors will participate in every single jurisdiction in which the search is taking place, or that these Sponsors will not terminate their sponsorship and participation in the global search at any time, or that they will select any of our members to represent their brands. You understand and agree that the registration of your Membership, your participation and your activities on our website, including related payments, and your involvement in The Fashion Hero movement and global search, merely give you a chance to be potentially selected by a Sponsor of The Fashion Hero to represent their brand. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the website, including without limitation as to completeness, accuracy and currency of any content on the website, or as to satisfactory quality, or fitness for particular purpose. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content or your Content, the unavailability of the website for whatsoever reason, any changes or the termination of certain features of our website or the registration of Participants, third party use or access of your Content which is made available on our website, any action of our Sponsors, any actions of our affiliates which may have advertising banners linking to or posted on our website, and any representation or statement made on the website. We will not be liable for any loss or damage, including any direct, indirect, incidental, special, consequential, punitive or exemplary damage, we cause which we could not reasonably anticipate when you started using the website, for example if you lose revenue, salary, profits or reputation as a result of your use of the website and/or the acts or omissions of any third party such as other users of the website or any other indirect or consequential loss or damage you may incur in relation to the website and its content, our Sponsors or your Content. The download of any application or software made available on our website for mobile devices is done at the users’ own risks. To the extent permitted by law, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the website (including the downloading or use of any content) exceed the amounts paid by you to us in relation to your registration.

13. Release and Indemnity

If you have a dispute with one or more third party, including any user of our website or Sponsors, you release us, the other Sponsors as well as our affiliates and licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify and hold The Fashion Hero, the Sponsors, our affiliates and licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of these Terms and Conditions or the Posting Policy and Guidelines, or any Content which you submit, post, transmit or make available through our website or your registration, your use of our website, your connection to our website, or your violation of any rights of another or your violation of any law or the rights of a third party.

14. Privacy

We collect, use and disclose your information as described in our Privacy Policy and in compliance with applicable privacy law. If you object to your personal information being transferred or used in the way referred to in our Privacy Policy, do not use our website and do not register as a participant.

15. External Links

Our website may provide, or third parties may provide, links to other websites or content or resources and our Sponsors and affiliates may agree to post advertising banners on our website. The Fashion Hero has no control over such third party, Sponsors’ or affiliates’ websites and resources. You acknowledge and agree that The Fashion Hero is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, sale, products, or other materials on or available from such websites or resources.

16. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions or by your access and use of our website or by your registration and involvement as a participant thereof.

17. Notices

Except as explicitly stated otherwise, any notices to The Fashion Hero shall be sent at info@thefashionhero.com and to you to the email address which you provided to The Fashion Hero during the registration process of your Registration. Notice shall be deemed given twenty-four (24) hours after an email is sent.

18. Law and Forum for Disputes

We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Montreal, Quebec will have exclusive jurisdiction in relation to your use of the website, your registration or to these Terms and Conditions. Relevant Quebec law (and federal law applicable therein) will apply to any dispute arising from or in connection with your use of the website, your registration or these Terms and Conditions, and any related issues, notwithstanding any conflict of law provisions.

19. General

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign these Terms and Conditions and notify of such assignment in accordance with the Notices section hereof. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of these Terms and Conditions.

20. Changes to the Terms and Conditions

The Fashion Hero may make changes to the Terms and Conditions from time to time in its sole discretion. When these changes are made, The Fashion Hero will post the new version of the Terms and Conditions on the website . All amended terms shall immediately be effective after they are posted. You understand and agree that if you use the website or your Registration after such date, we will treat your use as acceptance of the updated Terms and Conditions unless your use is limited to requesting the termination of your Registration.

21. Language

The parties hereto have agreed that these Terms and Conditions and any of its accessories, including notice, be written in the English language. Les parties présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient redigés en anglais.