These Terms and Conditions ("Terms") govern your visit to the EvolutionLook.com site (the "Site") and your purchase or use of any of the products or services offered on or through the Site. YOUR ACCESS TO OR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. EvolutionLook.com(also referred to as "we or "us") may modify these Terms at any time, and such modification shall be effective immediately upon posting on the Site. Your continued access or use of the Site, or purchase, after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
Last Modified: November 28, 2007
1. License. PRODUCTS (INCLUDING WITHOUT LIMITATION DVDs) SOLD THROUGH OUR SITE AND THE CONTENTS OF OUR SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS AND BUTTON ICONS), PHOTOGRAPHS, EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND OTHER APPLICABLE COPYRIGHT, TRADEMARK AND OTHER LAWS. The contents of our Site belong or are licensed to EvolutionLook.comor to those parties indicated on the Site. We hereby grant you the right to view and use our Site subject to these Terms. You may download or print a copy of information provided in the Site for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document, photograph or graphic from the Site in whole or in part for any other purpose, is expressly prohibited without our prior written consent. Resale, public viewing, or reproduction in whole or in part of any product sold through this Site, including any DVD, is prohibited.
2. Nothing on our Site should be construed to state or imply that through our Site we offer modeling agency services. Purchasing any product or service from us in no way infers our responsibility for managing your career, finding you work or negotiating anything on your behalf. The modeling business is extremely competitive. Even in your most prepared state (aesthetics, knowledge of the business, preparedness), you still may not succeed. In this business there are no guarantees. Additionally, we make no claims about what level of success you will achieve in the modeling industry.
3. Your Purchase. Order of any product or service through our Site constitutes a binding, enforceable transaction. All contact and billing information you provide, including but not limited to name and address, must be accurate and must match the information associated with any credit card or other payment instrument provided.
4. Right of Refund. Except as expressly provided otherwise in this paragraph, any and all products and services purchased on EvolutionLook.com shall be considered non-refundable. Without limiting the generality of the foregoing, and except to the extent required by applicable law, EvolutionLook.com will not issue refunds in cases of minors purchasing products or services without the permission of their parent(s) or legal guardian(s). Notwithstanding anything in this paragraph to the contrary, we reserve the right, in our sole discretion, to refund any or all monies based on time from purchase and condition in which the product is returned to us, but will not issue any refunds after (30) thirty days from the time of purchase or if the product is not in its original, plastic-wrapped, unopened condition.
5. EvolutionLook.com online portfolio/comp card. When purchasing Evolutionlook.com's online portfolio and/or comp card, you understand you are subscribing to use this service for a period of not less than twelve(12) months. Said subscription will be automatically charged every month to the credit card you provided upon purchase. After the initial twelve (12) month period you may choose to cancel this service at any time with thirty (30) days written notice. All cancellations must be submitted in writing and directed to customerservice@evolutionlook.com .
6. Cancellation and Rescheduling. We reserve the right to cancel or reschedule any confirmed one-day workshop, meeting, special event or engagement. Whenever reasonably feasible, seven (7) days prior notice will be sent via e-mail to all participants at the e-mail address provided to us upon registration. No refund will be provided unless the workshop, meeting, special event or engagement for which payment was received is canceled and not rescheduled. At our sole discretion, we may allow payments to be applied to future events or products if an event is rescheduled for a date that a participant notifies us promptly is inconvenient.
7. Disclaimer. THE SITE AND THE PRODUCTS AND SERVICES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THE SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS OR LICENSORS ARE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY OF OUR PRODUCTS OR SERVICES OFFERED THROUGH THE SITE.
8. EvolutionLook.com makes available certain descriptions of its workshops and services on the Site. The content of those workshops and services is subject to change without notice, and we do not represent or warrant that you will achieve any desired result. Each workshop and service is governed specifically and exclusively by these Terms and not by any other information posted on the Site. This paragraph is in addition to and not instead of the disclaimers set forth in paragraph 7 above.
9. Limitation of Liability. THE RIGHTS CONTAINED IN SECTIONS 4, 5 AND 6 ABOVE SET FORTH THE SOLE REMEDIES AVAILABLE TO YOU IN THE EVENT OF BREACH OF THESE TERMS. THERE SHALL BE NO RECOURSE OR REMEDIES BEYOND THOSE PROVIDED IN SECTIONS 4, 5 AND 6.
10. Portfolio Posts. The Site allows members to post their portfolios. Portfolios consist of photographic images and brief accompanying text. By posting a portfolio on the Site, you agree:
i. That each image you post is an accurate and current depiction of you and of no one else and that you are the sole author of any accompanying text, or hold all rights of authorship to that text.
ii. That by posting any image and text you grant EvolutionLook.com and its affiliates the right to display, reproduce, modify, retransmit, distribute and create derivative works from that image and text on the Site and as it otherwise may deem appropriate, provided that you are identified as the subject of any such image or author of such text;
iii. That you have all necessary right, title and interest to post each image on the Site and to grant all the rights set out herein;
iv. Not to link to images, copy images or content or use software or other inappropriate means artificially to inflate the recorded number of views of your or any other member’s portfolio;
v. Not to post any text or images are pornographic, obscene, profane, demeaning, hateful, violent, offensive or in any way inappropriate or in violation of these Terms; and
vi. Not to offer or propose any illegal good or service, whether expressly or impliedly, and not to depict any illegal activity (whether real or simulated), whether through posting of images or text, links to other sites or any other means.
Any images or text deemed by us in our sole discretion to violate any provision of this Section 10 will be removed without notice. Breach of this Section 10 is basis for immediate removal of your portfolio and termination of your membership on the Site, without refund, and participation in any EvolutionLook.com or affiliated event, with no right of refund or other recourse. We also reserve the right to pursue any remedies that may be available under applicable law and to refer violators to federal or state regulators or law enforcement authorities. You agree that you will be liable for any and all loss or damage, under whatever theory or cause of action, suffered by ">EvolutionLook.com, its officers, directors and affiliates, including but not limited to injury to reputation or damages owed to third parties, that arises in whole or in part from your breach of this Section 10.
11. Privacy. We respect your privacy. The details of our privacy practices appear in our Privacy Policy ,which is hereby incorporated by reference into these Terms. This Site is not directed toward children under the age of 18 (EIGHTEEN). We do not knowingly take information, accept members or post images of children under the age of 18 without the express permission of and payment by their parent(s) or legal guardian(s). If we become aware that we inadvertently have collected personal information of minors under the age of 18 without consent of the child’s parent or legal guardian, we will take prompt measures to remove or delete that information
12. Electronic Communications. By making a purchase or becoming a member of this Site, you agree to conduct business with us electronically, via the Internet, and to receive all required notices and disclosures in electronic format, including but not limited to e-mail messages to an authorized e-mail address that you have provided us. These e-mail messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our website. We also reserve the right to effect delivery of notices or disclosures by posting to our website with no e-mail transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive e-mail messages, all that you need is a valid e-mail address, access to the Internet and any generally available commercially available Web browser, such as Internet Explorer. If at any time you wish to withdraw your consent to receipt of electronic communications, you must notify us at customerservice@evolutionlook.com You may request paper copies of any electronic notice or disclosure we provide; however, we reserve the right to refuse or to assess a service charge to respond to such a request at our sole discretion and to the extent permitted by applicable law. If at any time you would like to change the e-mail address that you have provided, please login to your member profile.
13. Site Linking Policies. Subject to this paragraph, we welcome links to our Site from other web sites; however, we in no way operate, control or endorse linking sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Site, you must link to our home page at http://www.evolutionlook.com/index.php. We do not permit links to our Site from websites oriented toward children or teens under the age of 18, sites offering adult entertainment or pornography, sites that permit paid-access to all or a substantial part of their sites, or sites that offer products or services comparable to those offered through our Site. We reserve the right to take steps to disable, eliminate or prevent links at our discretion and without notice, and, where appropriate, to pursue any remedies that may be available under applicable law and to refer violators to federal or state regulators or law enforcement authorities. Violations of this paragraph also may result in deletion of portfolios without refund at our sole discretion.
14. Governing Law and Severability. Any dispute arising out of or relating to these Terms or this Site will be governed by substantive principles of Virginia law without regard for its choice-of-law or conflict-of-law principles. In the event any provision of these Terms is adjudicated to be invalid under applicable law, that provision shall be conformed to the maximum extent possible to reflect the intent of the parties as reflected in that provision and these Terms, and the remainder of the Terms shall remain in full force and effect.
15. Disputes. You agree that any dispute you may have against us (or any of our officers, directors or affiliates) arising out of or relating to these Terms, this Site or any product or service purchased through this Site (collectively, "Dispute") shall be subject to the exclusive jurisdiction of a small-claims tribunal that, to the extent permitted by applicable law, shall be located in Fairfax County, VA. You understand that, in return for your agreement to this Section, EvolutionLook.com is able to offer the Site and its associated products and services at the terms and subject to the fees designated, and that your assent to this Section is an indispensable consideration to these Terms. You also acknowledge and understand that, with respect to any Dispute, you are relinquishing your right to have a jury trial; you are also relinquishing your right to have any court other than a small claims tribunal, resolve any dispute; you are giving up your right to serve as a representative, as a private attorney general or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any dispute. In the event we incur attorney fees or expenses in connection with the collection of sums owed to us by you under these terms, we shall be entitled to recovery of those fees and expenses from you.
16. Contacting Us. If you have any questions or concerns about these Terms or about linking to our Site, please contact us at customerservice@evolutionlook.com If you have a concern about copyright or about an image or text posted on our Site, please click here for more information.
17. Copyright. If you believe a photograph or text on our Site infringes your copyright, please provide Evolutionlook.com with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the photograph that you claim is infringing and where it is located on the website; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices for claims of copyright infringement must be sent by registered mail, return receipt requested, to: Evolutionlook; 700 12th Street NW Suite 700, Washington, DC 20005.
18. Other Legal Rights If you believe a photograph or text on our Site violates any other of your rights or if you have a concern or complaint regarding a photograph, please email a detailed description of the complaint along with your name and phone number to customerservice@evolutionlook.com
I ACCEPT THE ABOVE TERMS & CONDITIONS