Social Fashion Network
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Participation rules & terms
Revision date: September 15th 2009This page contains the participation rules and the terms.
LICENSE FOR COMMERCIAL USE
Model participation rules (Scroll down for the rules for a photographer, make-up artist or a designer)
Overall For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give JUSTPROUD and Assigns my permission to license the Images and to use the Images in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with Images of me by JUSTPROUD and/or Assigns for descriptive purposes. I agree that I have no rights to the Images, and all rights to the Images belong to JUSTPROUD and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to JUSTPROUD and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of The Netherlands. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. In case I am younger than 18 years my parents will co-sign this release; in that case I declare that I am at least 16 years.
Code of conduct MODEL will act during the assignment in line with the Code Of Conduct of JUSTPROUD. The most important content of this code is: acting within the law of Holland, represent the brand JUSTPROUD worthy, no drugs usages, no alcohol usage, being in time for the shoots, follow, & always follow the instructions of JUSTPROUD team. In case model doesn’t comply with this code, the assignment stops & MODEL covers all expenses involved.
Date
The shooting date will be ………………..
Expenses, insurance & consideration Model will receive X paid in ‘justproud credits’. This results in the following formula: (selling price excluded VAT minus credit card payment cost minus transportation & handling cost) times 3%. The model is solely responsible for the tax treatment of consideration.
Definitions: “MODEL” means me and includes my appearance, likeness and form. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “JUSTPROUD” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me, commissioned by JUSTPROUD and/or Ballsmedia. “ASSIGNS” means a person or any company to whom JUSTPROUD and/or Ballsmedia has assigned or licensed rights under this release as well as the licensees of any such person or company. “IMAGES” means all photographs, film or recording taken of me as part of the Shoot. “CONSIDERATION” means JUSTPROUD credits I have received in exchange for the rights granted by me in this release. “SHOOT” means the photographic or film session described in this form. “NO-SHOW” means that the model isn‟t present at the shoot, for whatever reason.
__________________________________________________________________________________ Photographer participation rules
Overall For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give JUSTPROUD and Assigns my permission to license the photos and to use the pictures in any way for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the pictures may be combined with other pictures, altered or modified. I agree that I have no rights to the pictures, and all rights to the pictures belong to JUSTPROUD and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to JUSTPROUD and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of The Netherlands. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. In case I am younger than 18 years my parents will co-sign this release; in that case I declare that I am at least 16 years.
Code of conduct PHOTOGRAPHER will act during the assignment in line with the Code Of Conduct of JUSTPROUD. The most important content of this code is: acting within the law of Holland, represent the brand JUSTPROUD worthy, no drugs usages, no alcohol usage, being in time for the shoots, follow, & always follow the instructions of JUSTPROUD team. In case photographer doesn’t comply with this code, the assignment stops & PHOTOGRAPHER covers all expenses involved.
Date, location & design sample The shooting date will be ……………….. . The photographer will provide a good location (preferably a studio) for the shoot JUSTPROUD will provide the design sample.
Providing the pictures Within 7 days of the shooting the photographer will sent all images to JUSTPROUD. The photographer may also send some preferred retouched pictures; The photographer may not publish prior to JUSTPROUD.
Consideration PHOTOGRAPHER will receive X paid in ‘justproud credits’. This results in the following formula: (selling price excluded VAT minus credit card payment cost minus transportation & handling cost) times 3%. The photographer is solely responsible for the tax treatment of consideration.
Definitions: “PHOTOGRAPHER” means me and includes my appearance, likeness and form. “PICTURE”, "PHOTO", "IMAGE" means all visual material including images, pictures, photos, raw images, sketches, digital, mock-ups, electronic, print, patterns and other production stages now known or to be invented. “JUSTPROUD” means illustrator, filmmaker or cinematographer, production manager or any other person or entity involved in the development of creating fashion & apparels, commissioned by JUSTPROUD and/or Ballsmedia.. “DESIGN SAMPLE” means the sample of the design in fabrics that will be provided by JUSTPROUD. “ASSIGNS” means a person or any company to whom JUSTPROUD and/or Ballsmedia has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means something of value I have received in exchange for the rights granted by me in this release.
__________________________________________________________________________________ Designer participation rules
- Premises of the contract
- 1. The user intends to purchase the exclusive rights of commercial use throughout the world, of the design referred to reproductions listed in Annex A to this contract including the pattern (hereinafter, for brevity, referred to as "design";
- 2. Author intends to sell and transfer the user exclusive rights of commercial use of works throughout the world;
Under these premises and preconditions, the following is agreed: article 1 - Effectiveness of the premises The premises are an integral and substantial of this writing (hereafter, for brevity, contract) Article 2 - Purpose of the contract With this agreement the author assigns and transfers exclusively to the user, accepting the conditions set out below, all rights of use of works. By way of example, among those rights of use, it includes the right to produce the works, to reproduce it in any fabric currently known and/or result of future technological breakthroughs still suitable for the reproduction of designs and/or signs and/or images, to market and to withdraw, temporarily or permanently, by himself, to develop and modify, with the option of reduction, adaptation, transcription and parody, to modify or change the license, to use the title and/or the subject of the works, even without them, for any use, including for publicity purposes in every form and way, in every country in the world, under the domestic laws, international conventions and treaties on copyright . The reproduction of works is subject to an unlimited edition. In return, the designer receives fees to transfer the rights of each image in Annex A. agreed to pay in credits, as described in Article 8. Article 3 – Duration The rights of commercial use of the works under this contract (Annex A) are assigned to the user, for the Netherlands and for any other state and or country, throughout the entire license term and renewal, through legislation and international current conventions, as well as future, determined in relation to the designer, heirs or other beneficiaries. Article 4 - Guarantees The designer declares and warrants:
- 1. To be the sole designer and sole owner of the design and have all the powers necessary to enter into this agreement valid and enforceable;
- 2. For failing to include any element in the design that could cause infringement to the rights of others;
- 3. For not assigning to any third party any right of commercial use on the works;
- 4. That the works are original, new and unheard of, meaning that guarantee extended to securities as part of the same;
Article 5 - Obligations of the designer The author agrees to:
- 1. deliver to the user, simultaneously with the signing of the contract, the design & sewing pattern on a suitable computer support at a maximum resolution that allows the user to reproduce the work with the highest quality;
- 2. respond promptly to the user's request, to all the acts and / or formalities, and / or statements, both in The Netherlands and abroad, the user may deem necessary or desirable for the year, the recognition and better protection of the rights referred to in this contract;
- 3. collaborate with the user - even signing the relevant documents and / or documents - in any litigation, proceedings and/or out of court, which may arise with third parties in order to protect the rights ceded by the contract;
- 4. do what is necessary or otherwise required by the organizations perception and allocation of rights to obtain payment of royalties owed to him.
Article 6 - Obligations of the user The user agrees:
- 1. to (re)produce the design in fabrics as it deems appropriate, when there are enough pre-orders of this design. The amount of pre-orders is to be decided by the user.
- 2. to sell their work, through the website www.justproud.com., other affiliated websites and or retail outlets after its produced.
- 3. to mark the designs with the name of the designer after production.
Article 7 – Charges
As consideration for the assignment of rights under this contract and all obligations assumed by the designer, the user will recognize the designer of the following partnership on the below forms of commercial use of works: The artist receives a reimbursement in “justproud credits”, if and only if a (re)production of the license provided by him, will be sold (via the website www.justproud.com, affiliates or retail outlets).
The reimbursement, which the license will recognize the author, who accepts the transfer of the rights and its contractual obligations, is defined by the following formula: The license fee to transfer the rights is X per work paid in ‘justproud credits’. This results in the following formula: (selling price excluded VAT minus credit card payment cost minus transportation & handling cost) times 3%. • There is no entitlement to a pre-payment of a fee or an advance on future payments. • The author is solely responsible for the tax treatment of pay.
Article 8 - Disputes between author and user Any question or dispute that may arise between the subjects listed as designer and user will not interfere with the validity and effectiveness of the contract. In such cases, however, the user will keep on deposit the author's proceeds pending the determination of disputes.
Article 9 - Domicile of the designer The designer gives his address for the purpose of the contract in the place indicated in the epigraph, where the user can send any communication and/or payment and may likewise notify any subsequent court and court work. Every change of domicile must be communicated by the author by registered mail.
Article 10 - Contract changes and additions Any agreement to amend and/or supplement the contract must have, on pain of nullity, the written form.
Article 11 - Governing Law. Jurisdiction The contract is subject to Dutch law. For any dispute concerning the interpretation and/or execution of the contract, will be exclusively competent the Court of The Hague, the Netherlands.
__________________________________________________________________________________ Make-up artist participation rules
Premises of the contractOverall For good and valuable Consideration herein acknowledged as received, and by signing this release I hereby give JUSTPROUD and Assigns my permission to license the Images and to use the Images in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Images may be combined with other images, text and graphics, and cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with Images of me by JUSTPROUD and/or Assigns for descriptive purposes. I agree that I have no rights to the Images, and all rights to the Images belong to JUSTPROUD and Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to JUSTPROUD and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of The Netherlands. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. In case I am younger than 18 years my parents will co-sign this release; in that case I declare that I am at least 16 years.
Code of conduct MAKE-UP ARTIST will act during the assignment in line with the Code Of Conduct of JUSTPROUD. The most important content of this code is: acting within the law of Holland, represent the brand JUSTPROUD worthy, no drugs usages, no alcohol usage, being in time for the shoots & always follow the instructions of JUSTPROUD team. In case make-up artist doesn’t comply with this code, the assignment stops & make-up artist covers all expenses involved.
Date The shooting date will be ………………..
Expenses, insurance & consideration Make-up artist will receive X paid in ‘justproud credits’. This results in the following formula: (selling price excluded VAT minus credit card payment cost minus transportation & handling cost) times 3%. The make-up artist is solely responsible for the tax treatment of consideration.
Definitions: “MAKE-UP ARTIST” means me and includes my appearance, likeness and form. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “JUSTPROUD” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me, commissioned by JUSTPROUD and/or Ballsmedia. “ASSIGNS” means a person or any company to whom JUSTPROUD and/or Ballsmedia has assigned or licensed rights under this release as well as the licensees of any such person or company. “IMAGES” means all photographs, film or recording taken of me as part of the Shoot. “CONSIDERATION” means JUSTPROUD credits I have received in exchange for the rights granted by me in this release. “SHOOT” means the photographic or film session described in this form. “NO-SHOW” means that the model isn’t present at the shoot, for whatever reason.
Rules for participation & Terms of use
All services provided by JUSTPROUD ("JUSTPROUD") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless JUSTPROUD from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to JUSTPROUD' servers, or any other server on the Internet. Links to such materials are also prohibited.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, JUSTPROUD WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Server Abuse Any attempt to undermine or cause harm to a server or customer of JUSTPROUD is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of JUSTPROUD must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability JUSTPROUD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from JUSTPROUD ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, JUSTPROUD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of JUSTPROUD ' servers. All damages shall be limited to the immediate termination of service.
Violations Violations of these Acceptable Use Policies should be referred to our support department via this contact form. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer JUSTPROUD cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by JUSTPROUD are resold. Thus, certain equipment, routing, software and programming used by JUSTPROUD are not directly owned or written by JUSTPROUD. Moreover, JUSTPROUD holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as JUSTPROUD sees fit.
Acceptable Use PolicyRevision date: October 5th 2009
As a provider of web site hosting and other Internet-related services, JUSTPROUD offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. JUSTPROUD respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, JUSTPROUD reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, JUSTPROUD has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using JUSTPROUD' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that JUSTPROUD cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because JUSTPROUD cannot monitor or censor the Internet, and will not attempt to do so, JUSTPROUD cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that JUSTPROUD does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over JUSTPROUD' network and may reach a large number of people, including both subscribers and non-subscribers of JUSTPROUD, subscribers' postings to the Internet may affect other subscribers and may affect JUSTPROUD' goodwill, business, reputation or operations. For these reasons, subscribers violate JUSTPROUD policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward JUSTPROUD, but also because it can overload JUSTPROUD' network and disrupt service to JUSTPROUD' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, JUSTPROUD will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore JUSTPROUD reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should JUSTPROUD choose to pursue and prosecute.
Adult-Oriented Content: JUSTPROUD does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials: Using JUSTPROUD' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. JUSTPROUD is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities: Engaging in activities, whether lawful or unlawful, that JUSTPROUD determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. JUSTPROUD will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with JUSTPROUD' policy or applicable law. However, when JUSTPROUD becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by JUSTPROUD.
JUSTPROUD is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching JUSTPROUD' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. JUSTPROUD does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. JUSTPROUD reserves the right to directly take action against a customer of its subscribers. Also, JUSTPROUD may take action against the JUSTPROUD' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, JUSTPROUD anticipates that subscribers who offer Internet services will cooperate with JUSTPROUD in any corrective or preventive action that JUSTPROUD deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of JUSTPROUD policy.
JUSTPROUD will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. JUSTPROUD may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, JUSTPROUD may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. JUSTPROUD assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, JUSTPROUD may disclose subscriber information or information transmitted over its network where necessary to protect JUSTPROUD and others from harm, or where such disclosure is necessary to the proper operation of the system. However, JUSTPROUD will never sell information to other services or outside companies.
JUSTPROUD expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate JUSTPROUD policy. Finally, JUSTPROUD wishes to emphasize that, in signing the Service Agreement, subscribers indemnify JUSTPROUD for any violation of the Service Agreement, law or JUSTPROUD policy resulting in loss to JUSTPROUD or the bringing of any claim against JUSTPROUD by any third party. This means that, if JUSTPROUD is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against JUSTPROUD, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including JUSTPROUD and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to our support department via this contact form.
