Terms and Conditions
These terms and conditions (“Terms”) are between F.A.I.T.H. Productions, Inc (Parent Company), Progue Fashion Clothing Brand, Progue Magazines, Epitome Productions, and the person or entity (“you, Customer, Participant, anyone who uses our site), including, but not limited to our website, products, and services (the “Platform”). By using the Site, you agree to be bound by these Terms. If you do not agree to the Terms, please DO NOT use this Site. These Terms are subject to change at any time, therefore, we encourage you to periodically review the Terms to ensure you are aware of any changes. By continuing to use the Site after the Terms are updated, you agree to be bound by the most current version of the Terms.
A. ELIGIBILITY
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Section 1.1
Eligibility
. You must be at least 18 years old to use our website/services and purchase our product, and assume the
obligations
set forth in these Terms.
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Section 1.2
Registration as a Condition to Use
. Only registered users (each, a “User”) may use the
Website/Platform by signing up or completing a form on our website by providing your name, email address, phone number and address, including city and zip code, it means you agree to the Terms and Conditions. Also, when you click the button agreeing to our Terms and Conditions, you are agreeeing to our Terms and Conditions. Also, if you agree via email to our Terms and Conditiions, it means you agree to these "Terms and Conditions. By using the Website/Platform, you warrant that you are a User. As a User, you shall not allow
Third Parties to access the Website/Platform, using your account (if an account is created by you on our site). You agree to not allow anyne else to use your personal information, including your full name, (first and last), your email address, phone number, address, including your city and state. You understand that you are personally responsible for
any use of the Website/Platform by providing this information.
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1.3
Acting on Behalf of Third Parties
If you or someone is using our site on your behalf, including a corporation or any other entity,
you represent and warrant that you, and such person(s) have agreed to be bound by these Terms.
You agree that if you fail to properly obtain such person’s consent to be bound by these Terms,
you will bear all responsibilities and liabilities of such person.
You agree to represent the inventory within F.A.I.T.H. Productions, Inc., Progue Fashion, Progue Magazine, and Epitome Productions, and not to represent your own interest (or any other completely white-labeled approach).
2. THE PLATFORM
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2.1
Description
Our Platform, including our Website consists of Film and Television Production Material, including, but not limited to your photos, videos, our product, including, but not limited to our clothing, our accessories, our Digital Magazines, marketing opportunities linked to our brand, including F.A.I.T.H. Productions Brand, Progue Fashion Brand, Progue Magazines Brand, and Epitome Productions Brand, in which you authorize us to showcase, feature you on billboards, in fashion runway shows, on television (if applicable to our correspondence with you), including, but not limited to Roku TV, Firestick TV, online, including, but not limited to Youtube, Facebook, Twitter, Tik Tok, Instagram, Etsy, Reddit, etc. You understand that you are not guaranteed to be featured on Roku TV or Firestick TV, on your Youtube Channel, etc. unless we specifically express to you via chat or email that you will be featured in this manner and on these platforms.
We use automated tools from Third Party Companies, including, but not limited to Billboard Companies, Companies that make it possible to stream to Roku and Firestick TV to format and display multimedia content, including, but not limited to text, data, photographs, videos, etc. to format and display multimedia content, including text, data, photos and videos.
graphics, or other information (“Content”) on digital signs and billboards (“Signs”) to make it possible for you to be featured as a Model, Actor, etc. on our Website/Platform.
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2.2
Target and Budget
Our Website/ Platform allows you to choose a "Feature" for the service you’re interested in (in order to be featured as a Model on a billboard, in or on the Cover of our Digital Fashion Magazine(s), on our Website), etc. due to our built in budgetary settings (“Plans”), which make it possible for you to specify by choosing which "Feature" you're interested in, and each "Feature" or "Event" has its own payment that you MUST pay in order to be featured, or someone paying on your behalf, which includes "Purchased Votes" (if you are in a competition), these payments are tied to our services and products, such as, but not limited to being featured on a billboard, featured in our fashion Magazine, featured in our Runway Shows as a Fashion Model, etc. We offer opportunities for Models and Actors to be featured on, but not limited to Roku TV, Firestick TV on our Youtube Channel (including our Youtube Podcast), in Runway Fashion Shows and/or in our Progue Fashion Magazine, including the opportunity to be featured on the Cover of our Digital Fashion Magazine or directly on a Page of our Fashion Magazine. We do not guarantee that you will be featured in or on all of these platforms, it is determined by your interest. You understand that due to companies like Roku or Firestick or Vimeo changing their plans/Terms and Conditions, we DO NOT guarantee that you will be featured on their platform.
You understand that when you make any purchase on our website, or anyone makes a purchase on our website on your behalf, such as, but not limited to purchased votes (if you are in one of our competitions), we generally wiill receive a notice, to make us aware that a purchase has been made. You understand, unless we specifically express that we have received payment for a service you purchased or we express that someone has made a purchased on your behalf, we cannot guarantee that a purchase has been made. You understand that we receive notification from our website provider, by them sending an auto message from our site, and/or by email confirmation, informing us that a purchase/payment has been received. You understand that unless our website provider confirms that a purchase has been made by you, or on your behalf, included purchased votes for a contest, we cannot confirm that a purchase has been made. However, we will check with our Website Provider to determine the outcome.
You understand that at times we offer you to participate and be featured on our Youtube Podcast, "Truth or Flesh", which can offer benefits such as a chance to obtain vote/more votes for a Modeling or Acting contest, spinning a wheel for a chance to have a discounted price for a purchased "Feature" such as a "Cover" or "Page" Feature, or even occasionally offering a chance to be featured on a Page of our Digital Magazine, free of charge. You understand, unless we express via email correspondence that these opportunities are offered to you, or unless you express an interest to sign up for these opportunities, they do not apply to you, and are not guaranteed. You understand, if you do not take advantage of a discounted offer in a timely manner (meeting the deadline), you forfeit your opportunity to be the Wiinner of a wheel being spun (if the wheel stops on your name), and forfeit receiving a discounted "Guaranteed Featured", including forfeiting winning a monetary prize if you do not act in a timely manner (by the deadline) by fulfilling all expectations and correspondence to you via email.
You understand that you are solely responsible for the "Feature" you choose and purchase our on webiste, and there are no refunds whatsoever, and we only offer credit (if it is proven that any mishap that happened is our responsibility). You understand, that unless we inform you via email that you will win money as a prize, you will not be paid or win any prize whatsoever.
You understand that if you are featured on a billboard, it will most likely b a digital billboard. and cannot guarantee that a billboard ad or ads will run on a specific day or time it or they are scheduled to run. You understand that this is due to the unpredictable nature of billboard services and billboard ads. that are controlled andrun other companies, individuals, corporations.
You understand that we do not directly provide billboard services, we book billboard service ads from third party companies, including, but not limited to billboard companies and individual billboard owners. You understand that we are not responsible for circumstances that can occur out of our control, such as, but not limited to outages, black screens, when ads run, etc.
You understand that billboards and signs are subject to various malfunctions, including, but not limited to outages, Partial Display Failures, various software, hardware, and environmental conditions, Force Majeure, etc.and if for some reason, a billboard malfunctions, or a billboard ad or ads do not run of you, we will attempt to run it a second time (if you have paid for a billboard feature). You understand that if it does not run the second time, you will be offered an opportunity to be featured in our Fashion Magazine or one of our Digital Magazines instead, depending upon the amount you purchased the billboard feature for. If you purchased a $300 billboard feature, and a mishap occurs with the billboard, you will be offered an opportunity to be featured on a page of one "Issue" of our Digital Fashion Magazine instead. If you purchased a billboard feature for $595, and there's a mishap with the billboard, you will be offered an opportunity to appear on the cover of one "Issue" of our Digital Fashion Magazine instead. PLEASE NOTE, our Billboard & Magaziine Pro Feature for $1500 will not be substituted for our Basic or Advanced Feature, if you purchased the Basic or Advanced Feature.
You understand for our Basic Feature, you will either be featured on a billboard OR on a Page of our Digital Fashion Magazine (not on both), whichever you choose. If you are featured on a billboard, you will be featured on a particular day for whatever day and time is available. and the Digital Ad will run at least the amount of times listed on the "Feature" you purchased. However, it could run more times, but it is not guaranteed to run more times.
You understand if you purchase our Basic Magazine Feature, you will be featured on one page for at least 5 days. However, we reserve the right to feature you in the Magazine for as long as we choose. It is not guranteed that you will be featured long but at our discretion, there is a possibility. You understand that when you are featured either on a billboard OR in our Digital Fashion Magazine, WHEN you are featured depends on availability after you make your purchase.
You understand that for our Advanced Feature, you will either be featured on a billboard OR on the Cover of one of our Issues. If you are featured on a billboard, you will be featured on a particular day and time (whichever day and time is available) and the Digital Ad will run at least two times on a particular day, but could run longer. However, it is not guranteed to longer. If you purchase the Advanced Feature to be on the Cover of our Digital Magazine instead of the Advanced Billboard Feature, you will be featured on the Cover at least 2 months. However, we reserve the right to feature you for as long as we choose. You understand it is not guranteed to run long, but it is our discretion. You understand that when you are featured either on a billboard OR in our Digital Fashion Magazine, it all depends on availabilty after you make your purchase.
You understand that our Billboard & Magazine Pro Feature for $1500 offers various benefits that the other two Features do not offer. You understand that our Billboard & Magazine Pro Feature includes being featured on a billboard on a particular day (whatever day is available) running at least 2 billboard ads, IN ADDITIONA TO being featured 1 time on the cover of an Issue of our Fashion Magazine, including three additional pages (if you provide enough high resolution photos of at least 1080p, preferably 4K resolution). If you purchase the Billboard & Magazine Pro Feature, and you choose to be be featured on the Cover of our Digital Magazine, you will be featured for 3 months on the Cover. Please understand, WHEN you are featured depends upon availability of space, after makiing your purchase, for both, the billboard and for the Cover Feature. You understand for ANY FEATURE (including Billboard and Digital Magazine Feature), your photos and/or videos MUST have a high-resolution of at least 1080p, preferably 4K to be featured on a billboard and/or in our Digital Magazine.
You understand that if you purchase Our "Website Feature", you would be featured for at least 1 month when availability takes place,after your purfchase. However, we may decide to feature you for an extensive amount of time at our discretion, however, we reserve the right to limit it to 1 month. You understand that due to the amount of interest we receive, there can be a "Waiting Period" to be featured, even after you make your purchase, and this applies to ALL FEATURES! You understand WHEN you are featured is determined by availability, after making your purchase.
You understand that due to billboard service mishaps and malfunctions, sometimes ads can be delayed for an undefined period of time, and you understand that if an ad or ads run late,you have an option to be featured in our Digital Magazine instead. You understand that there wiill be a second attempt of a billboard ad or ads running, and that attempt could be the same day, the next day or when there's availability. We cannot guarantee a specific day and time when billboard ads will run. Also, although we will attempt to run billboard ads at your convenience (when you are physically available to go out and see your ad running), there is NO guarantee that the ad or ads will run when you are available to see them run.
You understand that although we scheduled you to be featured on a digital billboard, it can switch to a static billboard (whichever is available), and we reserve the right to choose which we will feature you on. However, we will be inform you, as soon as we are notified by the Billboard Company. You understand that a billboard ad generally runs about 8-15 seconds. However, it could run a little less or a little longer. You understand that you can be featured consecutively or in between other companies or people on a Digital Billboard, including but not limited to other Models/Individuals ( which means non-consecutively).
You understand if you are featured on a static billboard (non-digital billboard), you will be featured at least 2 hours on one day with our basic feature, and for 3 hours on one day for our advanced feature, and 4 hours for one day for our Billboard & Magazine Pro Feature
You understand whether you are featured on a billboard, in our Digital Magazine, on our Website, on our Youtube Channel, our Youtube Podcast, in our Runway Fashion Shows, etc. if we correspoond with you through email regarding stating that we wiill be featuring you physically in one of our Runway Shows, or Online in a Modeling Competition on Youtube Channel or Facebook, or any other social media platform, you MUST submit your own photos and/or video footage/files and they MUST be filmed/recorded and photographed in at least 1080p, preferably 4K (high-definition). You understand that we ask that your photos and videos be filmed/photographed by a professional videographer/photographer with correct dimensions/resolution for a billboard and for our digital magazine, etc. You understand occasionally we accept photos and videos that were shot/photographed/recorded with a camera phone or other device. However, they still MUST be high resolution, at least 1080p resolution, preferably, 4K, and they should look professional, with no sun interference, with correct and balanced lighting in order to feature you. Please understand, that we reserve the right to NOT feature you if your photos and videos ARE NOT up to par. You understand that you are required to acquire professional photos and videos, or you will forfeit your opportunity to be featured, due to the demand we have to feature those who are already prepared. Please Note: We do not accept selfies, comp card photos, photos and videos submitted via Instagram, Facebook, or any other social media platform. They MUST be the original files that were taken. Also, we do not accept photos and videos taken inside a house or apartment, unless it's a studio setting.
You understand that all photos and videos MUST be submitted and provided with the correct dimensions/resolution that we ask for. You understand that if your photos and/or videos are not photographed/filmed/recorded with the correct dimensions/resolution, you have an opportunity to submit the correct photos/videos within the timeframe we provide via email, after you pay and/or submit for a service,/product, or for one of our Events, including but not limited to being featured on a billboard, in a Runway Show, in an Online Modeling Competition. You understand that if you do not submit high resolution/high quality photos/videos, again, you will FORFEIT the opportunity to be featured on any of our platforms or receive any of our services, and there are absolutely NO refunds or credits whatsoever, however, we reserve the right to decide if we will at least add your name ONE TIME in the closing credits of one of our Shows, which could include, but not limited to a broadcast in one of our physical runway shows, or in the credits of our Online Modeling Competition, whichever you selected and agreed to participate in. Again, we do not guarantee to add your name to any of our products or services if you forfeit the opportunity to be featured in any or on any of or platforms or product.
You understand that we run Modeling Competitions and regular runway shows, and you are to follow all rules in order to participate and to qualify! You understand that you MUST be committed once you come on board, or you will affect us (our Brands) reputation-wise and financially if you suddenly pull out and leave the competition. You understand that you will affect at least one of our "Brands", including Progue Magazines, Progue Fashion, F.A.I.T.H. Productions and/or Epitome Productions (depending upon which of our entities is producing a Modeling Show), and which you signed up for. You understand that you will affect our reputation and affect us financially if you suddenly pull out of our Modeling Shows/Competitions, and you will be held legally and financially responsible. You understand that if we encouraged you to promote on, but not limited to social media, by word of mouth, etc. when you enter our competitions, including, but not limited to Modeling, Acting, Songwrriting, Djing, etc. we reserve the right to decide to enforce you to promote on, but not limiited to social media, or by word of mouth, etc., and we reserve the right to disqualify and remove you from the competition if you refuse to promote, even if you are in the lead of the competition, and even if you are the "Winner" of the Competition. You understand that you MUST connect with us on ALL our social media platforms, including, but not limited to Facebook (by sending us a friend request), Twitter, Instagram (follow us), TikTok, Youtube (subscribe to us), etc., by and through whatever means a particular social media platform allows for connection/interaction. You understand that this Agreement supersedes any other previous written correspondence regarding promoting.
You understand that people are able to vote for you during our Modeling or Acting Competiitions (if we inform you through email that this is one of the rules), whether it is a physical runway Show/Competition or Online Modeling or Competition. You understand that we will allow one individual to vote for you 1 time a day with a free vote, and as many times a day with purchased votes. You understand that if the same person who votes for you one day with a free vote attempts to vote again the same day with a free vote, it will disqualify you from receiving any other free votes that day. You understand that you CANNOT vote for yourself, whatsoever with a free vote. You understand that it is YOUR responsibility to encourage people to vote for you, not ours. You understand that paid or purchased votes are Non-refundable, and you will convey this to people you encourage to vote for you, if need be. You understand that there will be a certain amount of money that the Winning Model will win if the Winniing Model follows ALL guidelines and rules, and we will inform you of that amount via email when you first show interest in participating. You understand that we may use a "Third Party" platform to track all votes, and it is your responsibility to keep up with votes. You understand that we may use one system to track purchased votes, and another to track free votes.
You understand that we are not financially or legally responsible if a Third Party's voting system malfunctions. However, we will attempt to resolve any issues outside of our control as soon as possible.
You understand that we will inform you of all Rules/Guidelines through email correspondence, once you show interest in participating. Also, there are times the Winner is determined by us spinning a wheel and if the wheel stops on the Winning Model's name, the Winner is selected that way by the Owner of Brands. You understand that if it is a case where the Winning Model wins by generating the most votes, (paid and unpaid votes), the Model (meaning you) will need to encourage people to vote for you. You understand that purchased votes have a greater value than free votes. You understand one individual can only vote for you 1 time a day for a free vote. However, you understand that an individual can vote for you as many times as they wish for a purchased vote. You understand if you enter one of our Modeling or Competitions, and the rules stata that a Model (which means you) are to encourage people to purchase votes for you, then the Winning Model will be selected according to who received the most votes. You understand that the rules can be different for each Modeling or Competition or Event, and you will be informed about the rules of a particular competition when the Brand Owner of our companies or her staff informs you via email what the rules are. You understand that you MUST follow all rules/guidelines in order to be the Wiinner, to participate to receive the monetary (money) prize, including submitting high resolution photos and videos of at least 1080p, preferably 4K, and including encouraging people to vote for you, whether votes are free or purchased. You understand that you MUST encourage people to vote during the time the "Voting Window" is open. You understand that once the "Voting Window" is closed (the deadline has ended), People/your Supporters can no longer vote for you. You understand that the more photos and videos you submit, the greater chance to display you in the best light. You understand that you will be provided what the "Voting Window" is (the deadline) when you show interest, and we correspond with you through email. You understand that the "Voting Window" can change, and you are responsible to stay tuned to your email for correspondence from us. You understand that it's important to stay tuned to your email and text messages during the competition, and if your email or phone number changes. Please understand that if your email and/or phone number changes, and we try reach out to inform you of changes or anything petaining to the event you're participating in, and you do not respond, we reserve the right to exclude you from the event, including not paying you a monetary prize if you are the Winnfer of a competition/show.
You understand that it's best to submit videos as well as photos when submitting to participate in our Shows, Competitions and all Events. Please understand, it's best to also submit videos as well as photos due to the nature of video to paint you in a broader light, creating motion and movement. motion. You understand that you are to submit your photo and video files through WeTransfer.com because it retains the quality of the images. you understand that you DO NOT have to pay to use WeTransfer, you are able to choose their free option. You understand that you should NOT submit photos and videos you've already downloaded and viewed, it diminishes the quality. You understand that you should submit photos and videos that come directly from the platform your photographer/videographer submitted them to you. You understand that it's best to invest in high-quality photos and videos, if you are interested in a career in modeling.
You understand that our companies have Partners/Sponsors, including, but not limited to our company, Progue Magazines, Progue Fashion, F.A.I.T.H. Productions, Inc. and Epitome Productions, and our Sponsors will host at least 1 Google or Zoom meeting, or another type of Meeting (possibly In-Person) where they can interact with our Models (you) to explain their product and/or services during the meeting. You understand that our Sponsor will explaiin how their products and services can benefit you (the Model), and you MUST agree to at least 1 meeting with our Sponsor, or at least purchase a service and/or product from our Sponsor in order to participate in our event. You understand that our Sponsor Partners make it possible for us to receive funding for the Shows, Events, Competitions, etc. that we host and produce by providiving funding for our shows and Events, including, but not limited to Competitions, Runway Fashion Shows, etc. that you,(the Model) participates in. You understand that the funding does not go directly to you, but it goes towards shows we produce for Models, even towards cash prizes that we may give away to a Model/our Participants.
You understand that you will also be required to complete our "Demographic Form" in order to participate in our Modeling Shows, including, but not limited to participating in one of our physical runway shows/competitions or in one of our Online Modeling Competitions, etc. You understand that by completing our "Demographic Form", it helps us better understand your needs as a Model, and that could include better understanding your financial needs and goals, if a Bank is our Sponsor.
You understand that if you are the Winner of one of our Shows/Modeling Competitions, and we offer a "Cash Prize", you will be paid at least 2 weeks after the date we announced you as the Winner. You understand that we will pay you in whichever payment method we choose (it is our discretion), such as either by Zelle, by a company check, by Cashapp, it is at our discretion, not what's suitable for you, and you are to confirm through email that you received the prize if you are the Winner.
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2.3
Alternative Channels
. You agree that we may display Content, including but not limited to your Content, your image, your photos, your videos, your anatomy, your voice, your face, your full body on our platforms, including, but not limited to our Website,our Digital Magazines, on TV (if we choose to feature you on Tv) on Our Youtube Channel, on our Youtube Podcast, on Facebook, Instagram, alternative channels, etc. allowing people to see you and or your Content displayed, featured, shown without any monetary payment from us to you, and without any legal ramification, except a monetary prize or other prize if you are the Winner of a Competition. You agree to allow us to display/feature you perpetually, without any reservations whatsoever, including if there is a disagreement between you and us, whether you are featured nationally or internationally. You agree to not seek any equitable remedy against us whatsoever.
3. INTELLECTUAL PROPERTY
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3.1 License
. We hereby grant you a worldwide, non-exclusive, revocable, limited, personal, non-sublicenseable and non-transferable license
to use our Platform (to make payments/purchases) in accordance with these Terms provided, however, you do not permit anyone else) to copy, modify, use your name, address, email, phone number, etc, including not to modify text, wording, photos,videos, etc. on our website/platform.
derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code, etc.
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3.2
Publicity/Billboard Rules
.If you are an individual being featured through our services or product, it is imperative that you understand that you WILL BE FEATURED under Progue Fashion Brand on a billboard, our website, in or on our Digital Magazine, no exceptions. You understand that you will not represent your own brand or any other "Brand" except our "Brand" when you're participating in our Events, including Competitions, Runway Shows, etc. You understand If you are a company that wants to be featured on, but not limited to a billboard, in our Digital Fashion Magazine, on Roku TV, on Firestick TV, on our website, on our Youtube Channel, etc., there are exceptions, however, you authorize us to identify you by name and/or your logo as a customer of the platform/product/services we provide,by any format and for marketing purposes or any other purpose that we deem useful, and (b) grant us a limited license to use and display your trademarks and logos for such purpose. You may opt out of this section by submitting a written request to us via email at faith@proguefashion.com.
You understand that we will not be able to provide services to you as a company without the use of your logo, unless you opt in to be featured under one of our Brands, including, but not limited to F.A.I.T.H. Productions, Inc., Progue Fashion, Progue Magazines, and/or Epitome Productions, and you agree to allow us to display your content, including, but not limited to photos, videos, etc., along with our logo displayed instead of your logo, and this approval will require a written email by you to us at faith@proguefashion.com., and you agree to not pursue any legal ramifications from you to us, including to Faith Diggs, the CEO, her staff, her crew, her companies, including, but not limited, to Progue Fashion, Progue Magazines, F.A.I.T.H. Productions, Inc, Epitome Productions, , payment for such approval.
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3.3
Customer Data
. You authorize us to retrieve and analyze any and all information about your
use of our Website/ Platform. In so doing, you are deemed to grant us non-exclusive, transferable, sub-licensable, irrevocable,
royalty-free, perpetual, worldwide license to index, catalog, transcribe,
and/or perform other meta-analysis of your Content, and to use or make publicly or privately
available such information as we deem appropriate without any payment or restriction or legal ramification from you to us. You also agree to allow us the right
to monitor and review your use of our Website/Platform from time to time, and
to use “cookies”, “log files” and your “browsing data” in accordance with Our Cookie Policy.
4. USE OF WEBSITE
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4.1
Personal Account
. As a User, you will may be required to create an account on our website (depending upon what service or product you're interested in), which means you will need to sign up with your name, address, phone number and email address, and any other information needed in the form. We reserve the right to decide to alter the way you sign up with us, and could later require that you create a username and password in order to use our Website/Platform. In this case, you agree that your account is for, or will be for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.
(a) If we decide to alter the way accounts are set up or used on our Website/Platform by requiring that you create a username and a password, then you are responsible for
protecting both. If you believe the security of your username, password, and/or your account has been compromised, you must contact us immediately.
(b) When creating an account, you may be asked to provide information such as contact
information and billing information. You warrant that all such information you provide is complete, accurate, and current and that we may rely on such information.
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4.2
Content
. You retain all rights, title and interest in and to your Content, however, by submitting Content
for display on our Website or any Platform or service we feature you on, you agree to the following:
o
(a) You are solely responsible for and assume all liability for your Content and bear all risks
and liability associated with submitting your content, including, but not limited to photos, videos, etc.
o
(b) You warrant that the Content does not contain misleading, false, illegal, or inappropriate
information or otherwise violate our design guidelines (the “Design Guidelines,” or any copyright laws).
(c) You warrant that you own or otherwise control all rights (including but not limited to
copyright and trademark rights) necessary to use the Content and that our display and use of
such Content will not infringe or violate the rights of any third party.
(d) You agree to inform your photographer or videographer that their name, but not limited to their name, their image, their logo, their own photos of themselves or of someone else cannot be displayed in any video footage or photos or any marketing material that we use to feature you.
You understand that we are NOT responsible to pay your videographer or photographer for any work or service they provide for you for submission of your content to us , in order for us to feature you.
You understand that it is YOUR responsibility to explain all rules and requirements to your videographer/photographer before hiring them. We recommend that you submit portfolios of your videographer and/or photographer to us before hiring them to film or photograph you. We also recommend and encourage you to have your videographer or photographer submit photos/videos to us while they are providing service for you, so that we may ensure that the service they're executing for you is up to our standard/requirements, and you agree to do this before you pay for their services.
€) You understand that NOTHING and NO-ONE else except you and the artistic background can or should be displayed in any of your artwork for the use of our services or products, including, but not limited to being featured on a billboard, in our Progue Fashion Digital Magazine, or on our Youtube Channel, including our Youtube Podcasts, on social media, etc. You understand that you are not to display any logos or symbols in any part of your artwork/photos or videos whatsoever, or we cannot feature you WHATSOEVER! You understand that if you allow a photographer/videographer to film/shoot someone else, or something else in your videos or photos, then you will not receive a refund from us whatsoever, once you have paid for our services, and you forfeit the chance of being featured, and possibly the chance of receiving a monetary prize from us if you violate this and any rules of ours.
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4.3
Payment and Collections
You understand that you are required to pay for our product and services BEFORE we provide our services or product, whether you purchase being featured on a billboard, pay to be featured in our Progue Fashion Digital Magazine, or on the cover of our Digital Progue Fashion Digital Magazine.
You understand that you are responsible for all shipping, taxes and other government charges associated with the display of your Content or product/service you purchase from our Website/from us, for example, if you purchase clothing from Progue Fashion Brand.
You agree to pay reasonable fees, including attorney fees, if for some reason litigation/court/Arbitration takes place, this includes covering fees/charges for litigation pertaining to any and all serviices and products of ours.
We aim to feature you on a billboard near your area, however, if you choose a billboard city/town nearest to your area, we cannot guarantee a specific billboard will be available. You are able to choose another location. However, we do not guarantee that we can feature you on the billboard in a city/town/state of your choice, and it determined by the availability of the billboard we feature you on.
4.4
External Destinations
. You understand that you are solely responsible to take your own photos and/or videos of yourself on a billboard. We are not responsible to demonstrate that you were featured on a billboard by taking photos/videos of you on the billboard, and you agree to not hold us responsible legally, ethically or financially.
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4.5
Other Policies and Guidelines
. Your use of submitting to be featured by us, including being featured on a billboard, in our Digital Fashion Magazine, on our Youtube Channel, including our Youtube podcast, on social media, etc. is subject to the Design Guidelines
and any other policies and guidelines that we may put in place. We reserve the right to augment
or modify such policies and guidelines at any time. In fact, we reserve the right to augment/modify any of our products or services and terms and conditions at anytime at our discretion, without any legal ramifications and without any monetary payment from us to you, and your use of our product/services shows that you agree to these terms.
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4.6
Removal of Content
. We may remove Content at any time if we, in our sole discretion,
determine that such content violates the Design Guidelines, is illegal or is otherwise offensive to
the moral standards of the community or just has taken its course, in us featuring you. We believe that our medium is an outlet for free speech;
however we balance that
role with a strong commitment to adhere to community standards and to
ensure that the messages placed on our inventory are not offensive towards any business, group
or individual. We carefully evaluate all requests for advertising placement on a case-by-case
basis and make the best decision for our clients, our company and the communities in which we
operate. DISPLAYED CONTENT; OUTAGES AND INTERRUPTIONS
4.7
You understand if you purchase product from our Website, including, but not limited to our clothing/attire, shoes, jewelry, Billboard Board features, Magazine features, votes, etc, there are no refunds, only exchanges (if we are at fault), and if you purchase clothing/attiire from us, we strongly encourage you to contact us first here on our website, by clicking "Contact", and we will submit size charts to you to study before making any purchases from us of clothing, but not limited to clothing, shoes, accessories, jewelry, etc., but if you make a purchase and the size is either too small or too large, you will pay shipping costs for an exchange, due to our Manufacturers and Clothing Partners being abroad. Due to a $25 shipping cost to exchange product, it is in your best interest that you pay close attention to the size charts we submit. You understand that if you make a purchase before we can provide our size chart(s), we will contact you within 1-2 days, and submit the size chart(s) to you (before we ship out any product to you) which can delay shipping your items.
You understand that our size charts can be measured in centimeters and possibly not in U.S. Sizes, however, the way to convert centimeters into inches is to visit Google and type in the words, Centimeters to inches, then convert the Centimeters to the inches closest to your size/measurements. You understand that it is your responsibility to convert measurements, if necessary.
You understand that it can take up to 3-6 weeks to receive any clothing or accessories you purchase from us, including, but not limited to shoes, jewelry, etc. You understand that we suggest, and we strongly encourage you to pay for express shipping which can equal up to $25.00 or more in shipping costs, due to our Manufacturers/Partners being abroad.
You undertand that you are representing our brands, including, F.A.I.T.H. Productions, Inc., Progue Fashion, Progue Magazines, and Epitome Productions (depending upon which brand you submit to when you show interest), and we encourage you to wear attire that aligns with our Brands to be featured on a billboard or in our Digital Fashion Magazine, by visiting our website, clicking on the word "More" and observing our style. We encourage you to purchase clothing from our brand when you're featured by us, however, you are not required to purchase clothing from our brand to be featured on our website and in our Digital fashion magazine or on a billboard! There are times for "Live" Runway Shows that we require Models to purchase from our "Brand", Progue Fashion, however, if you do not receive an email or correspondence that you are required to purchase from our clothing brand, you are not required to purchase from us to participate.
We also suggest that you choose very interesting and catchy scenery such as the beach, a studio, a forest, a flowery area, in a studio, etc. for photos and videos while being filmed and photographed for submission to be featured for our services/products. We reserve the right to select individuals and companies to be featured that align more with our brands and styles.
5.2
Indemnification
. You agree to indemnify, defend and hold harmless F.A.I.T.H. Productions, Inc, Progue Fashion, Inc.,Progue Magazines, and Epitome Productions, its subsidiary and each officer, director, employee, agent, and related third
parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees)
relating to or arising out of any third-party claim related to (a) your use of or inability to use of our Website, be featured on a billboard or in our Digital Fashion Magazine, on our Youtube Channel or Youtube podcasts, and any
Platforms associated with us; (b) your Content; (c) your violation of these Terms or your violation of any rights of a
third party; (d)
your violation of any applicable laws, rules or regulations; or (e) the unauthorized
or unlawful use of the Platform by any person using our website, product or services, or anything associated with an account you create on our website/platform. We reserve the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with us in asserting any available
defenses.
Limitation of Liability. IN NO EVENT WHATSOEVER SHALL ANY OF OUR BRANDS, INCLUDING OUR COMPANIES, F.A.I.T.H. PRODUCTIONS, INC, PROGUE FASHION, PROGUE MAGAZINES, EPITOME PRODUCTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM/WEBSITE OR ANY INABILITY TO USE OUR WEBSITE/PLATFORM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES, NOT BEING ABLE TO MAKE A PAYMENT, NOT BEING ABLE TO RECEIIVE MONEY FOR COMPETITION VOTES, OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF WE OR ANY OF OUR STAFF, CREW, EMPLOYEES, ETC., HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
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5.3
Limitation of Liability
.
YOU UNDERSTAND THAT WHEN YOU SUBMIT ANY WORK TO US TO BE FEATURED, AND THE WORK YOU SUBMIT IS THE COPYRIGHT OF YOU AND/OR YOUR PHOTOGRAPHER/VIDEOGRAPHER, HOWEVER YOU PROVIDE US THE RIGHT TO USE YOUR CONTENT, INCLUDING, BUT NOT LIMITED TO ARTWORK, PHOTOS, ETC. PERPETUALLY WITHOUT ANY LEGAL OR FINANCIAL RAMIFICATIONS, INCLUDING NO MONETARY PAYMENT FROM US TO YOU, AND YOU ALLOW US TO USE IT WORLDWIDE.
5.4 You understand as a Marketing Fashion Model or Promoter or Marketer who is partnering with us that all terms and conditions in this Agreement applies to you, unless there's an exception that is specifically written to you via chat or email about payment or not having to pay.
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6.1
Term and Termination
. These Terms will become effective upon your acceptance thereof, as
indicated by your use of the Website/Platform and will remain in effect in perpetuity.
Hereunder. We receive the right to remove you from our website/platform and not allow you on our website/platform at all, anymore, due to, but not limited to flagrant behavior, lack of cooperation, not adhering to rules, NOT not submitting proper material, including, but not limited to not submitting high resolution photos and videos, etc.
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6.2
Notice
. We may give any notice required or permitted to be given in writing here under via
email. Such notice will be effective immediately.
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6.3
Entire
Agreement; Amendment
. These Terms and any documents incorporated herein
constitute the entire agreement between you and us with respect to the subject matter hereof. We
reserve the right to amend the provisions of these Terms at any time.
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6.4
Governing Law; Venue
.
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW
OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE
A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
These Terms will be governed and construed under the laws of the State of Illinois. All disputes and/or legal proceedings related to these Terms
will be maintained in courts or Arbitration located in Chicago, Illinois.
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6.5
Waiver/Severability
If any part of these Terms of Agreement are deemed in a court of law or through Arbitration as Non Contractual, the remaining portion shall and will remain contractual.
6.6
Assignment
. We may assign these Terms, in whole or in part, in our sole discretion. You may
NOT assign your rights under these Terms without our prior written permission. Any attempt to
assign your rights under these Terms without our permission shall be void.
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6.7
Force Majeure
. We shall not be liable for any failure or unavailability of our Website/Platform or our
failure to provide our Services on this Website/ Platform as a result of strikes, lockouts, calamities, acts of God,
unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage
media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or
military authority, war, terrorism or any other event beyond our control.
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6.8
Headings
.
The headings of articles and sections contained in these Terms are for reference
purposes only and shall not affect in any way the meaning or interpretation of these Terms.
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6.9
Electronic Documents
. This electronic document, and all other
electronic documents referred
to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and
to comply with all statutory, contractual, and other legal requirements for (a) writing; and (b) legally
enforceable as a sig
ned agreement. A printed version of these Terms and any notice given in
electronic form shall be admissible in judicial proceedings or administrative proceedings based
upon or relating to these Terms to the same extent and subject to the same conditions as
other
business documents and records originally generated and maintained in printed form.
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6.10
Questions and Complaints
. Please direct all questions, complaints, or claims with respect to the Platform to the following: faith@proguefashion.com
6:11 Marketing Fashion Models and/or Promoters and/or Marketers: You understand that all terms, rules and guidelines in this Agreement pertains to you regarding being featured on a billboard or being featured in Progue Fashion Magazine or any other feature/production, such as, but not limited to being featured on the Runway or Online Modeling Competition, etc. You understand that you will only be awarded that which is expressly written to you in an email, such as being featured on a billboard or in Progue Fashion Magazine for acting as a Marketing Fashion Model or Promoter or Marketer. You understand that you will not be compensated in any monetary manner whatsoever for being a Marketing Fashion Model or Marketer or Promoter. You also understand and agree that you will follow all rules/guidelines expressed in an email submitted to you by Faith Diggs or any other staff from Progue Fashion, and if you fail to follow all guidelines, you will forfeit your opportunity to be featured on a billboard, but not limited to a billboard, in Progue Fashion Digital Magazine, depending upon what was corresponded to you via email by Faith Diggs, or any other staff of Progue Fashion for being a Progue Fashion Marketing Model or Marketer or Promoter. You understand at this time, as a Marketing Model, we offer the opportunity to be featured on a page of our Progue Fashion Digital Magazine, only if you promote according to what's written in an email, submit photos and videos of at least 1080p, preferably, 4K Resolution and if you purchase an "Issue" of Progue Fashion Digital Fashion Magazine for the price listed on our website. You understand that there are no refunds for any purchases whatsoever.
You understand that these Terms and Conditions also serve as a confidentiality Agreement between us and you, and you will not share, disclose or convey how we (all Brands), including, but not limited to Progue Fashion, Progue Digital Magazines, F.A.I.T.H. Productions, Inc. and Epitome Productions conduct business, including, but not limited to Our Runway Shows, Online Competitions, Billboard Services/Products, Website Purchases, email correspondence between us and you, unless expressly stated by us that you are able to share, such as submitting information to your Photographer/Videographer that we share with you to forward to your Photographer/Videographer for photoshoot purposes/reasons. Otherwise, all correspondence should be kept confidential between you and us, including, but not limited to verbal correspondence, email correspondence, phone conversations, etc. You understand that if you share such confidential information, you will hurt our Brands, Progue Fashion, Progue Digital Magazines, F.A.I.T.H. Productions, and Epitome Productions, and you can and will be held financially and legally responsible.
F.A.I.T.H. Productions Inc./Progue Fashion,Progue Digital Magazine, Inc. and Epitome Productions
551 W. Elm Street #505
Chicago, Illinois, 60610
faith@proguefashion.com
Last Updated: January 1, 2025
You MUST either check the box on purchase page or email or send a message on our website that you have read our terms and conditions