ORANGE COUNTY FASHION WEEK® MARCH 6-9, 2017
ORANGE COUNTY FASHION WEEK ®

Terms & Conditions

 

1. Acceptance

These Terms of Use refer to the HAUTEOC INC.'s ("Hauteoc") web platform located at www.ocfashionweek.com, any subdomains of www.ocfashionweek.com, and any related microsites or websites operated by the Hauteoc  including the OC Fashion Week (OCFW) website, at www.ocfashionweek.com, and Orange County Fashion Week website, at www.orangecountyfashionweek.com, and also any collaborative agreement which references and includes these Terms of Use as part of such agreement (all referred to under term “the Site”).

By using the Site you agree to be bound by these Terms of Use. We reserve the right to amend these Terms of Use from time to time without notice to you and you agree to be bound by any such changes in your subsequent use of the Site. The agreement between you and Hauteoc  formed on the basis of these Terms of Use (the “Agreement”) shall terminate immediately if you breach these Terms of Use. Hauteoc  reserves the right to terminate this. Agreement at any time. The termination of this Agreement or your right to use the Site is without prejudice to any rights which the Hauteoc  may have against you in respect of such breach.

 

2. Intellectual Property Rights

All materials available on the Site (the “Materials”) – including but not limited to text, video, data, clips, audio clips, designs, logos, illustrations and still images – are protected by copyright, trademark, database and other intellectual property and proprietary rights and must not be used for any purpose other than educational, informational and non-commercial viewing purposes.

You may download and print information from the Site for your own personal use only. The Materials contained in the Site are either owned by Hauteoc  or have been licensed by the partners or sponsors of Hauteoc  for inclusion within the Site. Hauteoc  would like to hear from any intellectual property rights owners who are not properly identified on the Site so that we may make the necessary corrections and display the appropriate notices.

 

3. Disclaimers

This Site contains material which may be unsuitable for people under the age of 18. The Hauteoc  bears no responsibility for people under the age of 18 viewing unsuitable material on this Site.

This Site may contain material which some people may find offensive. Hauteoc  would like to stress that it has no intention of causing any offense and suggests that people who find material contained on the Site offensive should either not view the material in question or should not visit the Site. Hauteoc  bear no responsibility for any offense that may be caused by people viewing the Site.

Hauteoc makes no promise that the Site will meet your requirements or that the Site will be uninterrupted or error free. Hauteoc  may discontinue and will modify and update the Site from time to time with or without notice to you and without liability to you or any third party. Due to the nature of the internet and the fact that your access to the Site involves features outside the Hauteoc ’s control, the Hauteoc  is not responsible for technical problems you may experience with the Site. The Site is provided by Hauteoc  without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

You understand and agree that Hauteoc does not guarantee the accuracy or completeness of any information in or provided in connection with the Site. Hauteoc  is not responsible for the results obtained from the use of such information from the Site.

To the full extent allowed by applicable law, you agree that Hauteoc will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Site.

Nothing in these Terms and Conditions shall exclude Hauteoc ’s liability for personal injury or death caused by its negligence. As a convenience to users of the Site, the Site includes links to other web sites or material which are beyond its control. Hauteoc  is not responsible for content on the Internet or World Wide Web pages outside the Site.

 

4. Trading from our website

Where online transactions take place on our site, terms and conditions for individual services are available and clearly linked from the transaction pages.

 

5. General

California, U.S. law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of California shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and for those purposes irrevocably submit all disputes to the jurisdiction of the California courts. The place of performance shall be California.

Hauteoc makes no warranty or guarantee that the Site or information available over it complies with laws other than those of California, United States.

 

Legal Information and Notices

6. Acceptance of Terms

Please read the following information carefully before accessing our Web site. BY ENTERING THE SITE AND/OR MAKING A REGISTRATION YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TERMS AND CONDITIONS”) AND AS SUCH TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME. If you do not agree with all of the provisions of these Terms and Conditions, please do not enter or use the Site. The Terms and Conditions are intended for your safety and ease of use. If you encounter another user who is not abiding by these Terms and Conditions, please contact us. The “Site” consists of the Web site and related properties of Hauteoc  linked to this Web site. In addition, when using particular services on the Site or provided by Hauteoc, you and Hauteoc  shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

 

7. Service Mark Information

The service marks OC Fashion Week, Orange County Fashion Week, the Official Fashion Week of Orange County, Fashionista Now Boarding, Behind the Seams, Hauteoc, Hauteoc Traveler and other similar terms are owned by Hauteoc  under federal and California state laws. Other Hauteoc  products or service names or logos referenced in the Hauteoc  Site are either service marks or registered service marks of Hauteoc . The absence of a product or service name or logo from this list does not constitute a waiver of Hauteoc  service mark or other intellectual property rights concerning the name or logo. All other products and company names mentioned in the c/o Hauteoc  Site may be service marks of their respective owners. Use of any of such service marks for commercial purposes without the prior written consent of Hauteoc  may constitute service mark infringement and unfair competition in violation of federal and state laws. Use of any other Hauteoc  service marks in commerce may be prohibited by law except by express license from Hauteoc . Any license granted may be revoked at any time, and licensee's use of such service marks must then stop immediately. Any collaborative effort, license or other agreement does NOT transfer any ownership rights in the above mentioned service marks or any other intellectual property owned by Hauteoc , and in no way transfers the goodwill in these intellectual property rights. Licensed use of Hauteoc  service marks is limited to the agreed upon use, and any additional uses are unauthorized and prohibited.

 

8. Ownership of Materials

The information contained in this Site is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of Hauteoc . The images from this Site may not be reproduced in any form without the prior advance written consent of Hauteoc . The Site is owned and operated by Hauteoc  and contains material (the “Content”) which is derived in whole or in part from Hauteoc  and other sources and is protected by international copyright and other intellectual property laws. Under no circumstances may the Content be modified, reproduced, recorded, displayed, performed, published or distributed, either in whole or in part, nor may derivative works be made therefrom. Use, reproduction, copying or redistributing of Hauteoc 's trademarks is strictly prohibited unless consented to in writing by Hauteoc.  All rights not otherwise granted are strictly reserved.

 

9. Registration Information

In consideration of your use of the Site, you agree to provide true, accurate, current and complete information concerning the reservations that you make. After making your reservation, you may receive reservation confirmations or be contacted about a reservation at the e-mail, fax or mailing address that you provide to us. You may also receive occasional Hauteoc  communications (“Communications”), about our service offerings for the event(s) that you make reservations for. If in the future you no longer desire to receive Communications, you may e-mail our webmaster requesting that you not be contacted in the future.

 

10. Customer Submissions

Hauteoc  appreciates hearing from its customers. By submitting content, creative ideas, inventions, suggestions, comments or materials, posting messages, uploading files, inputting data and registration information or engaging in any other form of communication on the Site or through services on the Site (“Customer Submissions”), you agree that said materials will automatically become the property of Hauteoc , unless otherwise stated in writing, without compensation to you and Hauteoc  can use the material for any purpose and in any way.

Any material submitted to Hauteoc  for posting must include the consent of the model or owner of the rights to the material submitted. By submitting material for posting, you agree to provide consent for Hauteoc  to post, film, televise,  digitally feature online or otherwise make use of the material on this Site at its own discretion, including minor editing of the material to fit it to the Site’s layout and design.

 

11. Member Conduct

The Site may include bulletin boards and chat rooms (Bulletin Boards”) which allow feedback to Hauteoc  and interaction between users of the Site or Hauteoc  products. Hauteoc  does not control and has no obligation to monitor the messages, information or files delivered to Bulletin Boards or any similar area of the site. As a condition of our use of the Site, including, without limitation, the use of Bulletin Boards, you may not:

a) Restrict or inhibit any other user from using and enjoying the Bulletin Boards or the Site;

b) Post, e-mail, upload or transmit on the Bulletin Boards or the Site any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

c) Post, e-mail, upload or transmit any information, software or other material which (i) violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or (ii) contains a virus or other harmful component;

d) Post, e-mail, upload or transmit any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except as specifically permitted in writing by Hauteoc ;

e) Impersonate any person or entity, including but not limited to, a Hauteoc  employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

f) Stalk or otherwise harass any other person;

g) Collect or store personal data about other users; or

h) Post, e-mail, upload or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

Hauteoc  reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Hauteoc ’s sole discretion are objectionable or in violation of these Terms and Conditions.

 

12. Contests and Participation. By entering any contests, you agree to the terms of and conditions to receive e­mails from Sponsor or those directed by Sponsor regarding Sponsor’s products and services. You can opt­out of the receipt of such e­mail or in any email received from Sponsor. By participating in contests, each Nominee and Winning Nominee agrees to be bound by these Official Rules and the decisions of Sponsor.  Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non­-authorized human intervention, false identity, untrue statements, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Sponsor will not be responsible for incomplete, human error, lost, late, misdirected or illegible entries, or for failure to receive entries or other electronic communications due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. The authorized account holder of the e­-mail address submitted at time of entry will be considered the entrant. An “authorized account holder” shall mean the natural person assigned to such e­ mail account by the Internet access provider, online service provider, or other organization responsible for assigning e­mail addresses for the domain associated with such e­mail account. A potential winner may be requested to provide proof that in the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.  

 

 

13. Privacy

By accessing this Site, you consent to the collection and use of information by Hauteoc  pursuant to the guidelines set forth in our Privacy Policy. If Hauteoc  revises its privacy policy, we will post the changes on the Site so that you are aware of what information the Site collects, how it is used, and under what circumstances it is disclosed.

 

14. Third-Party Sites

In this site, Hauteoc  may provide links to Web sites owned and operated by others which Hauteoc  believes will be of interest to Site visitors. In addition, links to this Site may be provided from other sites (with or without Hauteoc ’s knowledge). Hauteoc  is not responsible for and exerts no control over any Web site that is linked to or from this Site and, as a result, Hauteoc  disclaims any and all responsibility or liability arising from or related to such third party Web sites. That this Site is linked to or from another Web site, does not imply that Hauteoc  sponsors, licenses, endorses, is affiliated with or is otherwise connected with the Web site, the products or services described or provided therein or the entities that own and operate such Web sites.

 

15. No Warranties

Hauteoc  INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE Hauteoc  WEBSITE TO BE ACCURATE AND RELIABLE. HOWEVER, SINCE THE INFORMATION AND DATA HAVE BEEN COMPILED BY Hauteoc  FROM A VARIETY OF SOURCES, IT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hauteoc  EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS OR INFORMATION IN THE SITE. Hauteoc  MAKES NO WARRANTY OF ANY KIND THAT THE RATES AND HOTELS LISTED WILL BE AVAILABLE AT THE TIME YOU MAKE YOUR RESERVATION. Hauteoc  DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Hauteoc  MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTERS OR ANY TRANSACTIONS ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE SITE OR THE NEWSLETTERS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Hauteoc  AND/OR ITS AGENTS ACT ONLY IN THE CAPACITY AS AGENTS FOR YOU IN ALL MATTERS PERTAINING TO HOTEL ACCOMMODATIONS AND VENUE SITE LOCATIONS. Hauteoc  IS NOT RESPONSIBLE FOR ANY DAMAGE, MERCHANDISE, EXPENSE, INJURY OR INCONVENIENCE TO ANY PERSON OR PROPERTY CAUSED BY LATE ARRIVALS, DEPARTURES, ABSENCE, OR CHANGE OF SCHEDULE FROM ANY CAUSE WHATSOEVER. BAGGAGE HANDLING THROUGHOUT IS ENTIRELY AT YOUR RISK. YOU AGREE THAT Hauteoc  SHALL NOT BE HELD RESPONSIBLE IN THE EVENT OF ANY ERRORS OR OMISSIONS IN ANY PROMOTIONAL MATERIALS AND EVENT ACTIVITIES.

Hauteoc  DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE NEWSLETTERS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAVEL PLANNERS OR THROUGH OR FROM THE SITE, BULLETIN BOARDS OR NEWSLETTERS SHALL CREATE ANY WARRANTY.

 

16. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Hauteoc  OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE (i) THE SITE OR (ii) EVENT ACTIVITIES AT VENUES INCLUDING ANY AND ALL FASHION SHOWS OR (iii) THE MATERIALS OR INFORMATION IN THE SITE AND/OR (iv) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTERS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Hauteoc  IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OR THE MATERIALS OR INFORMATION IN THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE MATERIALS AND INFORMATION IN THE SITE.

 

17. Indemnity

You agree to indemnify and hold Hauteoc  and its subsidiaries, affiliates, officers, agents, subcontractors, co-branders or other partners, sponsors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the Site, your use of the Site, Bulletin Boards and your connection to the Site and Newsletters, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.

This agreement is effective until terminated by Hauteoc  at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive. Any use of Hauteoc 's intellectual property must cease immediately upon termination of the agreement by either party.

Hauteoc  shall have the right to charge an early termination fee if you drop out of or do not show up or perform at an event as previously agreed upon by the parties. This fee shall include reasonable damages suffered by Hauteoc  as a result of your breach, and is not a penalty.

If you are working for Hauteoc  in any capacity, whether for monetary or any other form of compensation or as a volunteer, Hauteoc may terminate the relationship at any time without justification, unless other written terms are expressly incorporated as part of this Agreement.

  

18. Termination

This agreement is effective until terminated by Hauteoc  at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive. Any use of Hauteoc 's intellectual property must cease immediately upon termination of the agreement by either party.

Hauteoc  shall have the right to charge an early termination fee if you drop out of or do not show up or perform at an event as previously agreed upon by the parties. This fee shall include reasonable damages suffered by Hauteoc  as a result of your breach, and is not a penalty.

 

19. Modification of Terms and Conditions

Upon notice published on this Site, or such other notice as may be given, Hauteoc  may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice, shall be deemed to constitute acceptance of the new Terms and Conditions.

 

20. Modification of the Site

Hauteoc  reserves the right to modify the Site, modify or remove the Materials contained therein or made available thereon (including the Hauteoc  products) and modify the policies and legal terms and conditions that govern the use of the Site at any time without warning. We encourage you to review the Site and its policies and legal terms and conditions periodically for updates or changes. By continuing to access or use this Site you shall be deemed to have agreed to any such updates or changes.

 

21. Website Translation

Our website language translation service utilizes language translation software. We’ve made reasonable efforts in order to provide accurate translations, however, no automated or computerized translation is perfect and is not intended to replace human or traditional translation methods. The official text of our websites is the English version. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise concerning the accuracy of the information presented by the translated version of the website, please refer to the English version of the website, which is the official version.

 

22. Other

This agreement constitutes the entire agreement between Hauteoc  and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles are for convenience only and have no legal or contractual effect.

 

23. Media in the form of Videos, Photography, and/or Television or Social Networking:  In exchange for consideration received, registered participants hereby give permission to HAUTEOC INC. and Orange County Fashion Week to use my name and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes. 

FOR PARTICIPATING GUESTS ON BROADCAST TELEVISION SHOWS FASHIONISTA NOW BOARDING AKA BEHIND THE SEAMS OF OC FASHION WEEK (PROGRAM)

You hereby give the following representations, warranties, acknowledgements, consents and releases:

(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program contest (if any), if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and HAUTEOC INC. has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant. 

(b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, HAUTEOC INC., and any of the Released Parties of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my ap- plication to be a participant in the Program or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Released Parties or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, I am NOT entitled claims to royalties of any kind, whether accruing now or in the future, from Producer and HAUTEOC INC. for the use of any such music, my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement with my approval. I grant the rights hereunder only if I am selected to participate in the Program. 

 

I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and HAUTEOC INC. in their sole discretion. I understand that the participant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, HAUTEOC INC., Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal. 

I further acknowledge and agree that Producer reserves the right to consider and select participants who are not able to attend an open casting call and that Producer shall have sole discretion and control over every aspect of selecting participants, and Producer’s decisions on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal. 

24. Confidentiality. Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or HAUTEOC INC.: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to HAUTEOC INC., the business of Producer or HAUTEOC INC., any program produced by Producer or exhibited by HAUTEOC INC., including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer or HAUTEOC INC. at any time (collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by HAUTEOC INC.  by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer or HAUTEOC INC. result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and HAUTEOC INC. irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and HAUTEOC INC. shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me. 

 

25. Release and Agreement Not to Sue. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my participation in or in connection with the Program, including, without limitation, the recording of my Likeness and the Materials, my participation in the participant selection process of the Program, and any exploitation of the Program, my Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue the Released Parties as a result of the recording or use of my Likeness or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of HAUTEOC INC, FASHIONISTA NOW BOARDING, OCFASHIONWEEK, any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, broadcasters, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.

 

As used herein, “Producer” shall include Producer, its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.


26. Choice of Law. This application shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof. 

27. Electronic Signatures.  This terms and conditions application may be executed by original, facsimile or electronic signature.  Any signed copy of this application delivered by facsimile or electronic transmission shall for all purposes be treated as if it had been delivered containing my original signature, and shall be binding upon  me in the same manner as though an original signed copy had been delivered. 

28. Severability:  The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application which shall be enforced to the maximum extent permitted by law.

I have read, understand and agree with the foregoing. I understand that I am giving up certain legal rights under this application, including, without limitation, my right to file a lawsuit in court with respect to any claim arising in connection with this  terms and conditions application.

29.  Photography:  Filming and photography for events March 6, 2017 are only approved inside of Orange County Fashion Week's contracted event spaces.  Guests may request permission for a shoot by submitting a Photo/Video Shoot Request online at pelicanhill.com/pressroom.   Photography and film shoot requests are reviewed and considered on a case-by-case basis, with the highest priority always focused on protecting guest privacy, avoiding guest disruption and maintaining tranquility throughout the property.   The Resort will stop unapproved photography and film shoots on property. Guests who do not follow The Resort’s film and photography policy may be asked to leave the property. 

Any photographers, videographer and/or media that any photo or film in violations of the rules above maybe subjected to fines.

30. Registrant agrees to indemnify, defend and hold harmless OC Fashion Week, Hauteoc Inc. and its affiliates, subsidiaries, officers, directors, agents, employees, contractors, and shareholders, and Hauteoc  from and against any and all claims, liability, expense, actions, cost or damage (including without limitation reasonable attorneys’ fees and costs, and damages consisting of or related to personal injury, death or property damage) that arise from, are connected with or in any way relate to the Registrant’s use or occupancy of the Venue or  the provision of alcoholic beverages to any attendees at a Special Event, or occasioned wholly or in part by any act or omission of Registrant or its officers, agents, contractors, employees or Special Event attendees.

31. NON-CIRCUMVENTION.  Independent Contractors hired as OC Fashion Week staff will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Hauteoc  to Recipient for the purpose of circumventing, the result of which shall be to prevent the Hauteoc from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Hauteoc. If such circumvention shall occur the Hauteoc shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.

32. Assets

By downloading the OC Fashion Week Asset, you signify your assent to the terms of this Asset Agreement and the applicable Asset Detail.  If you do not agree to the terms of this Asset Agreement, you should exit this web page without downloading the Asset.  We reserve the right, in our sole discretion, to change, modify, delete, or otherwise alter portions of these terms at any time. Any such change, modification, deletion, or alteration shall be effective immediately upon posting the same on the Website.  

You understand and agree to the following terms of use for the Asset:

• To use the Asset only in an advertisement or promotion that specifically promotes or identifies OC Fashion Week, Hauteoc Inc. destination management services; the Asset must not be used to advertise “destination management” in general or another dmc;

• To use the Asset in strict conformance with the applicable Asset Detail, including but not limited to the Asset expiration date and Brand Identity Guidelines of OC Fashion Week, Hauteoc Inc.;

• To not use the Asset after the Asset expiration date.  You understand and agree that you are solely responsible for your use of an Asset after it expires, including but not limited to paying any fees or residuals due to the talent, photographer, videographer and/or owner of the Asset and its components. OC Fashion Week, Hauteoc Inc. is not responsible in any manner whatsoever for your use of an Asset after the expiration date;

• To not use the Asset to imply that OC Fashion Week, Hauteoc Inc. has sponsored, endorsed or is affiliated with your company, internet site or any third party, without obtaining the prior written permission of OC Fashion Week, Hauteoc Inc.;

• To not alter or modify the Asset in any way, including but not limited to, altering the proportions, colors, voiceovers, text, or animating or morphing the Assets, or otherwise changing the Asset’s appearance in any way; and

• To not use the Asset in any way that disparages, in OC Fashion Week, Hauteoc Inc.’ sole discretion, OC Fashion Week, Hauteoc Inc., its affiliates or respective products or services.

OC Fashion Week, Hauteoc Inc. may, in its sole discretion, terminate your right to use an Asset at any time for any reason without notice.  The Company may take action against any use of the Asset that does not conform to these requirements or that may infringe any right held by OC Fashion Week, Hauteoc Inc., and may actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse. 

The Company reserves the right to contact you at anytime to verify the proper usage of any and all assets. 

33.  Under no circumstances will sponsors or collaborators who have made an in-kind or cash donation or any other form of payment or consideration have a right to a partial or full refund of consideration given. Sponsors and collaborators understand and agree that no guarantee of success, profitability, or accuracy of any matter related to the Site has been given or implied, and that all proceeds and other consideration have been provided with this understanding. Any consideration received by COUNCIL is a partial charitable contribution towards COUNCIL’s non-profit organizations nominated by advisory and charitable purposes, and is therefore irrevocable.

34.  Avoid paying late fees: Your due date the last day of Orange County Fashion Week. We will not charge you any interest on sponsorship or registration fees if you pay your entire balance by the due date OC Fashion Week. Penalty fees incur incrementally by 23.99% daily or until paid in full. 

35. Verbal agreements and oral contracts made between Hauteoc Traveler and Sponsor are legally binding under  reasonable, equitable, conscionable terms and i good faith with witnesses of which is enforceable based on mutual consent of sponsor and valid with offer and acceptance. On January 20, 2017  Lamborghini Newport Beach proposed the sale of fifty (50) $150.00 Daily Fastpass Tickets, payment of Dj for one day, and a step and repeat wall,  of which Hauteoc Traveler accepted in exchange for producing a fourth day of OC Fashion Week with full runway presentation scheduled on their requested day and date Thursday, March 9th, 2017 at their place of business (Lamborghini Newport Beach.) Based on performance this mutual consideration is binding. 

 

36. CONTRACT FORMATION

The prospective client places an order by completing the online registration form on OCFashionWeek.com. If the order has been accepted then OC Fashion Week® will issue an a payment link. On receipt of full payment the registration is complete and both OC Fashion Week® and the client are bound by the terms of this agreement.

37. DELIVERY & COLLECTION OF PIECES TO BE EXHIBITED

The client is responsible for arranging delivery of their collection to the designated delivery location in each city they are showing in California. Delivery is typically required between 9am and 5pm seven business days prior to the runway show date subject. Delivery instructions and the designated delivery address will be provided by OC Fashion Week®.  If the collection is delivered late then OC Fashion Week®  will feature the collection on the show day but cannot guarantee to be able to do so.  The client is not entitled to a refund in case of cancellations due to delivery delays.

The client is responsible for arranging collection of their garments immediately following the runway show. If neither the client nor a representative is attending the show then the client is responsible for arranging a courier to collect the garments. The details regarding courier collection must be agreed with the OC Fashion Week® Producer.

If using a courier then the client is responsible for providing suitable return packaging including labelling and required courier paperwork. OC Fashion Week® is unable to hold or be responsible for garments beyond the runway show date.  The client is to deliver the garments (1) in garment bags, (2) with appropriate hangers, (3) with dressing instructions (template provided), (4) with a complete inventory  list (5) in a suitcase or box with a clear exterior label identifying the client. The client will be provided with packaging guidelines.   DHL (www.dhl.com) and Worldnet International (www.worldnet-intl.com) are our recommended couriers. Clients are welcome to use any courier of their choosing.

38. SHOW FORMAT

A typical OC Fashion Week® runway show will feature 14-36 looks from 6-10 designers. Each client will show their featured collection, one look at a time, which will conclude with a loop finale looks  from that specific client. The client, or their representative, will appear on the runway at the end of their section. Where there are multiple runway shows in the same day clients will be grouped into shows alongside designers of a similar profile. The exact runway show format and schedule for a particular city is determined by the OC Fashion Week® Producer once all clients have been confirmed.

39. BACKSTAGE OPERATION

The client has the option to either participate backstage or to attend and watch the show as a guest. The client is welcome to participate backstage but must not interfere with the show's schedule as timing is of utmost importance, any dressing delays may result in fines refer to your designated project manager for questions.

The backstage area is restricted and access is regulated. The client is welcome to have up to 2x assistants to assist backstage per 7x looks. The name, email address, headshot and phone number of each assistant is to be sent to the Runway Producer one month prior to the show for backstage access approval with online registration under the "volunteer" section of the on the career page on the bottom of the OC Fashion Week® registration link online. All backstage personnel are required to wear visible backstage accreditation passes at all times and dress code is in black and black flat shoes.

It is in the interests of OC Fashion Week® to exhibit pieces as the designer intended them to be exhibited and the Runway Producer will make every effort to accommodate requests. Creative decision  and mood board  making authority regarding the runway show including model selection, hair styling, make up and choreography remains with the OC Fashion Week® runway team however designers are offered to provide their mood boards to hair and makeup teams to and recommended models for their looks. 

The exception to this is if the client has opted for Exclusive Models where the client will be able to select the model and style make-up and hair to their preference. All personnel backstage including the client will be subject to the direction of the Runway Director.  *Refunds will not be offered for creative differences. This includes, but is not limited to, model selection, photography direction, videography editing, runway order or styling. All entries are non-refundable due to the seasonal event and incurred costs at time of signing and scheduling of production works. 

OC Fashion Week® makes every effort to accommodate accredited industry guests at each show. Runway show space is limited. Please note that personal or independent photographers or videographers will not be accredited for access to either the runway show or backstage. Photography and videography licenses will only be granted to OC Fashion Week® approved professionals and accredited press.

 

40.  USE OF PARTICIPANTS LOGO AND IMAGES

The client consents to being photographed at the show, to filming and sound recording of the show and consents to the use of such, photographs and/or recordings in any marketing or promotional materials in connection with the show, on the show website and in any broadcast or publication in any territory in the world.

OC Fashion Week® will be permitted to use a client’s name, logo and images provided for the purpose of promoting the client, OC Fashion Week® and the runway show they will be featuring in without limitation. 

OC Fashion Week® will be permitted to use a participant’s name, logo, and provided images indefinitely for the purpose of reflecting previous participation in OC Fashion Week®. OC Fashion Week® will be permitted to use a participant’s name, logo, and provided images in materials including but not limited to promotional videos, websites, blogs, brochures, emails and catalogues.

 

41. PAYMENT TERMS

Upon submitting the registration form, and upon approval by OC Fashion Week®,  the prospective client will receive a confirmation email and a receipt. Work will not commence, and the client’s runway show is not secure, until payment has been received in advance. Full Payment can be made either by card payment online. Upon receiving payment the client will be issued a receipt and work will commence.

 

CANCELLATION & REFUND POLICIES

The following cancellation terms apply:  All registration and payment entries are NON-REFUNDABLE due to the nature of these seasonal events.   OC Fashion Week® will always try to accommodate changes but cannot guarantee to do so.

 

42. FORCE MAJEUR  OC Fashion Week® reserves the right to cancel, suspend or vary the operation of our obligations to the client if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdowns, strikes, lock outs, riot, hostilities, acts or terrorism or non-availability of material or suppliers or any event outside of OC Fashion Week®’s control; and we shall not be held liable for any breach of contract or tort resulting from such an event.

 

43. AMENDMENTS

Where circumstances dictate, OC Fashion Week® reserves the right to alter venues or production specifications without prior notice and without liability. OC Fashion Week® also reserves the right to cancel an event at any time without liability to clients and associates for their expenses that may have been incurred. In such circumstances clients will be offered, at the discretion of OC Fashion Week® an alternative date, a credit note or a full or partial refund of fees paid.

 

44. WARRANTIES & LIABILITIES

A runway exhibition involves the wearing and styling of clothes. OC Fashion Week® will endeavor to take all reasonable steps to minimize impact to all garments featured on the runway and entrusted into the custody of OC Fashion Week®. Any particular handling needs must be clearly specified to and agreed by OC Fashion Week®. Please provide instructions for how each piece or garment should be worn. This will prevent avoidable damage or stress. OC Fashion Week® is not responsible for damage occurring through normal use as a result of faults with the garment. Participants are required to provide for appropriate transport and shipping for their pieces. It is recommended that all pieces in transport are also covered by participant’s own travel or homeowner’s insurance.   OC Fashion Week® is not liable for loss or damage that occurs as a result of transport and shipping.

OC Fashion Week® will perform any services with reasonable skill and care. Except as otherwise provided in these Terms and Conditions, all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where goods or services are sold to a person dealing as a consumer, nothing in these Terms and Conditions shall affect his or her statutory rights.

For all events the total liability of OC Fashion Week® under these Terms and Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to an amount equal to 100% of the sum of all fees paid by you to us due under these Terms and Conditions or, if higher, the amount available under any responding insurance policy.

Notwithstanding any provision to the contrary in these Terms and Conditions, nothing in these Terms and Conditions shall exclude or limit OC Fashion Week®’s liability for death or personal injury caused by the OC Fashion Week®’s negligence or for fraudulent misrepresentation or for any liability that may not be limited or excluded by law.

 

45. LEGAL JUSRIDICTION

The interpretations, construction, effect and enforceability of these Terms and Conditions and your use of the website shall be governed by U.S. law, and both parties agree to submit to the exclusive jurisdiction of the U.S. courts for the determination of all disputes arising between them held in the County of Orange.

© 2005 OC Fashion Week, Hauteoc Inc. Inc.  All rights reserved.   2005-2017 © Orange County Fashion Week. Official Fashion Week of Orange County. All Rights Reserved.

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