PRIVACY POLICY

Welcome to www.emgtalent.com (“Website”) operated by Event Model Group, LLC DBA EMG Agency, a New Jersey Limited Liability Company located at 35 Journal Square, Suite 491, Jersey City NJ 07306 (“EMG Agency”). Your privacy on the internet is important to us. This Privacy Policy is intended to inform you about how your personally identifiable information (“Personal Information”) and other information is collected and used by us in operating the Website. It is also intended to advise you of our policies relating to copyright, and how to notify us if you believe your copyright has been infringed.

PLEASE READ AND PRIVACY POLICY AND TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

EMG Agency reserves the right, at its own discretion, to amend the Privacy Policy and Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this Website at any time. You agree to review the Privacy Policy and Terms of Use periodically to be aware of such modifications. You further agree that your continued use of the Website will be deemed conclusive evidence of your acceptance of any such amendments, modifications, additions and/or deletions of this Privacy Policy and Terms of Use. If you do not agree to abide by any modified version of this Privacy Policy and Terms of Use, you are not authorized to use this Website.

GENERAL PRIVACY INFORMATION

This Website might contain links to affiliates, clients, vendors, sponsors, advertisers and other third party internet sites and services who may collect data in connection with sweepstakes, promotions, surveys, e-commerce, etc. They each have separate privacy and data collection practices, independent of this site and EMG Agency has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such sites. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

COLLECTION AND USE OF INFORMATION

We collect information about you in two ways. First, we collect personal information provided to us directly by you, such as when you apply to Join Us; place a booking via Request; e-mail us; authenticate an order; or request information from us. Second, we automatically receive information from your browser, including but not limited to your Internet protocol (IP) address, information about your browser, “cookie” and “web beacon” or “web bug” information (see Cookies below). We generally use information provided by you to enhance your experience of the Website, to customize the advertising and content you see, to fulfill your requests for products or services, to improve our products and services, to contact you, and to gather and review statistical information. By providing us with your details, you agree that we may send you marketing and promotional material or other information about our products and services. We may also send you surveys or market research questionnaires, which you may or may not choose to participate in. We may use the information that is automatically sent to us to determine which areas of our Website are most (and least) popular based on traffic to those areas. We do not track what individual users read, but rather how well each page of the Website performs overall. This helps us continue to build a better service for our users.

COOKIES

A cookie is a very small file sent to your web browser by a website’s server to process information more efficiently. A cookie file can contain information such as a user ID that the Website uses to track the pages you have visited, however the only personal information a cookie can contain is information you supply yourself. Cookies cannot read data off your hard drive, destroy files, or send viruses. Cookies basically avoid duplication of information. For instance, by setting a cookie on the Website, you would not have to log in a password more than once and save time while visiting the Website. Cookies can also enable us to track and target the interests of our users to enhance their experience on our Website. You can set your browser to reject a cookie. If you do so, you will still be able to use the Website, but you may be limited in some areas of the Website.

PRIVACY OF CHILDREN

The Website is not designed for, or directed to children. As such, we do not intend to collect and will not knowingly collect any personal information from children below the age of eighteen (18) without parental consent. If you are an individual at least age of sixteen (16) but under eighteen (18) years old, you must ask your parent or guardian before you send any information to us or ask us to e-mail anything to you. By sending us any information or asking us to send you information you are confirming that you have received the informed consent of your parent or guardian. Parents are encouraged to review their children’s e-mail and Internet activities to ensure that the Website is being used by their child in accordance with parental consent and this Policy.

SECURITY

The transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to our Website. Any transmission is at your own risk.

DMCA POLICY

DMCA Policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is our policy to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the EMG Agency computing system are required to respect the legal protections provided by applicable copyright law.

Designated Agent to receive notification of alleged infringement under the DMCA is:

Event Model Group, LLC.

Legal Department

35 Journal Square, Suite 491

Jersey City, NJ 07306

Upon receipt of proper notification of claimed infringement, EMG Agency will follow the procedures outlined herein and in the DMCA. To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website is covered by a single notification, a representative list of such works at that website. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

(c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and electronic mail address.

(e) A statement that you have a good faith belief that use of the content and material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

TERMS OF USE

Welcome to www.emgtalent.com (“Website”) operated by Event Model Group, LLC DBA EMG Agency, a New Jersey Limited Liability Company located at 35 Journal Square, Suite 491, Jersey City NJ 07306 (“EMG Agency”).  EMG Agency maintains this Website as a service to its visitors, subject to the following terms and conditions, which govern your use of this Website (“Terms of Use”) and Privacy Policy (“Privacy Policy”).

PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

EMG Agency reserves the right, at its own discretion, to amend the Terms of Use and Privacy Policy, and to change, add, remove, or otherwise modify any aspect, content or feature of this Website at any time. You agree to review the Terms of Use and Privacy Policy periodically to be aware of such modifications. You further agree that your continued use of the Website will be deemed conclusive evidence of your acceptance of any such amendments, modifications, additions and/or deletions of this Terms of Use and Privacy Policy. If you do not agree to abide by any modified version of this Terms of Use and Privacy Policy, you are not authorized to use this Website.

ACCESS TO THE WEBSITE AND REGISTRATION RULES

Visitors. This Website is intended for use by visitors 16 years of age or older. The Website contains Content and Services (including, but not limited to, user registration, and email alerts) (“Services”) that are subject to heightened age and/or other eligibility requirements. By using or attempting to use the Website, you certify that you are at least 16 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Website.

EMG AGENCY RESERVES ALL RIGHTS TO DENY OR RESTRICT ACCESS TO THIS WEBSITE TO ANY PARTICULAR PERSON, OR TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THIS WEBSITE, AT ANYTIME, WITHOUT DISCRIBING ANY REASONS AND/OR NOTIFICATION WHATSOEVER.

Applicants. Individuals who are at least eighteen (18) years of age and who affirmatively indicate their agreement to abide by this Agreement, by means of a click-through consent ("Applicants") may submit an on-line application via JOIN US to EMG Agency (“Application”). By clicking on the "I Accept" tab, the Applicant acknowledges that he or she is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to click the "I Accept" tab will prevent an individual from becoming an Applicant. If you are under the age of 18 but at least 16 years of age you may have your parent/legal guardian register on your behalf and include parent/legal guardian information such as full name and phone number in the message. ?Individuals under the age of 16 may not register.

Accurate Information. You agree to provide EMG Agency with accurate, complete and current information about yourself, and to update such information if and when it should change. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if EMG Agency suspects that your information is untrue or inaccurate, not current, or incomplete, EMG Agency may, in its sole discretion, suspend or terminate your membership and/or access to certain Content or refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy.

Right to Approve or Deny. Applicants understand submission of an Application does not mean they will become an EMG Agency model or talent and does not guarantee that EMG Agency will contact them or make an offer of a modeling or talent contract. Applicants information will be reviewed within a reasonable period of time depending on company availability. We apologize that we may not be able to contact every submission.

USER CONTENT

Grant of License to User Content. Portions of this Website may provide you and other visitors an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, emails or material, including your name and likeness (“User Content”). By posting User Content to the Website or by otherwise submitting User Content to us, including but not limited to submission via other EMG Agency websites, other websites with EMG Agency Information and/or related to all EMG Agency email addresses (listed or not listed on this Website), Applicants automatically grant, and represent and warrant that they have the right to grant to EMG Agency, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, publicly perform, transmit, make, sell, create derivative works of and distribute such User Content or incorporate such User Content into other works, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights in and to any of the materials contained in such User Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. EMG Agency shall not be limited in any way in its use, commercial or otherwise, of any such User Content, and Applicants hereby waive any moral rights or approval rights in or to, such User Content as well as the right to receive a credit or payment of any royalty or fee whatsoever to the anyone associated with the User Content, including without limitation the photographer/videographer, author, composer producer or the subject of such User Content.

Original Content. Any User Content that you post or upload must be either (a) an original work by you that does not copy or use other works, or (b) content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to EMG Agency under these Terms of Use. Before you post content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.

Rights. Applicants acknowledge and agree that (a) EMG Agency has the right, in its sole discretion, to post, not to post or take down, User Content submitted by you at any time on the Website and any EMG Agency`s related websites; (b) EMG Agency has no obligation to use your User Content; (c) the submission of your Application and/or User Content in no way imposes any obligation on EMG Agency, whether of confidentiality, attribution, or otherwise, and EMG Agency shall not be liable for any use or disclosure of any User Content contained in the User Content; (d) you hereby waive any claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your (or your child’s) image/likeness, photographs and/or videos, (e) you will pay for all royalties, fees and any other monies that may be due or owing to any person by reason of any User Content submitted by you to the Website, and (f) User Content submitted to the Website may be subject to size and usage limitations, and Applicants are responsible for adhering to such limitations.

Restrictions. Applicants agree NOT to submit to the Website any material that (a) is fraudulent; (b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment; (c) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way; (d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work, or is abusive, threatening, obscene, defamatory or libelous; (e) is threatening, defamatory, obscene, indecent, seditious, offensive, abusive, liable to incite racial hatred, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (f) harasses or harms, or advocates the harassment or harming of another person; (g) displays pornographic or sexually explicit material of any kind or contains photographs/videos which are in bad taste, contain nudity, obscene, lewd or otherwise offensive or objectionable matter; (h) causes us to lose (in whole or part) the services of our ISPs or other suppliers; or (i) violates any applicable local, state, national, or international law.

Use of Name and Likeness. By sending EMG Agency your User Content, you consent to use and reuse by EMG Agency, its licensees, successors and assigns, of your likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by EMG Agency, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with this Website or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that EMG Agency, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.

Use of Website. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download User Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with EMG Agency.

Website Access. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond EMG Agency`s control.

INTELECTUAL PROPERTY

Ownership. All content and information included on this Website, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, EMG Agency or is the property of EMG Agency’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on this Website is the property of EMG Agency and is protected by the laws of the United States and other countries and international treaties. EMG Agency marks indicated on this Website are registered trademarks of EMG Agency. All other marks that are not owned by EMG Agency and appear on this Website, such as those of EMG Agency`s clients, are the property of their respective owners, which may or may not be affiliated with or connected to EMG Agency. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of EMG Agency or the owner of such marks.

Copyright. You may use the Website strictly for your own personal use as provided in these Terms of Use. No element of the Website or the Material may be taken out of context or presented in a misleading or discriminatory manner. You may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Website without prior written permission. None of the material contained on the Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of EMG Agency. ?Except as otherwise noted, all content of the Website is: ©2013 Event Model Group, LLC DBA EMG Agency. EMG Agency reserves the right to terminate service to users who willfully and/or repeatedly infringe intellectual property right.?For further information regarding permission to use material, please contact us.

Trademarks. The trademarks/service marks and logos (collectively the “Marks”) displayed on the Website identify the products and services of EMG Agency, its advertisers and other third parties and inform the public as to the source of those products and services. Nothing contained on this Website should be construed as granting any right or license to use any Mark displayed on the Website in any manner whatsoever. Your misuse of any Mark is strictly prohibited, including, without limitation, your use of any Mark: (a) in any manner likely to cause confusion; (b) to identify your products or services; (c) in, as or part of your own trademarks or service marks; (d) in any manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or (e) in a manner that disparages or dilutes any of the Marks or EMG Agency. You are also advised that EMG Agency reserves the right to enforce its intellectual property rights to the fullest extent of the law. You agree not to display or use the Marks without the prior written permission of EMG Agency.

Content Linked to This Website. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. EMG Agency has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. As a result, EMG Agency does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. This includes links to organizations, social media, fan clubs, advertisers, and industry associations, as well as websites maintained by EMG Agency`s sponsors, EMG Agency`s clients, EMG Agency`s events and EMG Agency`s affiliates that may or may not use our logo. You acknowledge and agree that EMG Agency has no responsibility or obligation to review or monitor these other websites, their availability and EMG Agency does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Please note that we are not responsible for the terms of use or data collection practices of any other websites and we encourage you to read the privacy statements and terms of use of those linked websites. You acknowledge and agree that EMG Agency will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites will be subject to the policies and procedures of the owner of such websites. Consequently, EMG Agency cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in our search results or otherwise linked to this Website.

Third Party Merchants and Third Party Websites. Your correspondence, participation or business dealings with, or participation in promotions of, any third party or third party merchants found on or through this Website, including payment and delivery of related goods or services to third party merchants, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or third party merchant. EMG Agency will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on this Website. EMG Agency explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on this Website or websites that link to or from this Website. EMG Agency cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from this Website or third party content on this Website. EMG Agency does not endorse any of the merchandise, product or services (if any) except as expressly provided, nor has EMG Agency taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites or content. EMG Agency does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST EMG AGENCY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

COMMUNICATIONS

Communication. EMG Agency may send you newsletters, emails, post cards or other communications. You have the option to unsubscribe from such emails by sending a notice to EMG Agency. With your permission, EMG Agency may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may request to stop receiving such e-mails at any time by contacting EMG Agency. EMG Agency reserves the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Website or Services.

Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to:

Event Model Group, LLC

35 Journal Square, Suite 491,

Jersey City NJ 07306

Attention: EMG Agency Notices.

Notice shall be deemed given thirty (30) days after the date of the mailing.

TERMS AND CONDITIONS OF BUSINESS

Details of the terms and conditions of business are available at The Website (“Terms and Conditions”). Please review such Terms and Conditions carefully and thoroughly as they will govern and apply to any supply of the services by EMG Agency and take precedence over and supersede any other terms.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT:

INFORMATION ON THIS WEBSITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO CONDUCT MODELLING/TALENT BUSINESS IN ANY JURISDICTION. IT IS YOUR RESPONSIBILITY TO INFORM YOURSELF ABOUT AND OBSERVE ANY APPLICABLE LAWS RELATING TO MODELLING AND TALENT.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMG AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. EMG AGENCY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND/OR ANY CONTENT ON THIS WEBSITE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE BY APPLICANTS AND VISITORS IS AT YOUR SOLE RISK. EMG AGENCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. EMG AGENCY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EMG AGENCY IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, DAMAGED, ILLEGIBLE OR MISDIRECTED APPLICATIONS OR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS OR ANY COMBINATION THEREOF. EMG AGENCY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED.

SEVERANCE AND ENTIRE AGREEMENT

Severance. If any provision of these Terms of Use and Privacy Policy is held to be invalid, unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms of Use and/or Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement. These Terms of Use and the provisions of the Privacy Policy constitute the entire agreement between you and EMG Agency relating to the use of this Website and supersede all prior or contemporaneous communications and proposals, whether oral or written between you and EMG Agency relating to the use of this Website. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of EMG Agency. No wavier of any provision or any usage rights or licenses granted hereunder will be effective unless set forth in a written instrument signed by the both parties. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.

Commercial Use. You acknowledge and agree that the Website is for the personal use of Applicants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and EMG Agency by this Terms of Use.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your own information and for all activities that occur during your use (or anyone authorized by you) of this Website. You agree to defend, indemnify and hold harmless EMG Agency, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees, managers and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, judgments, costs and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Website; (c) any breach of any of the representation, warranties or other terms or conditions relating to use of User Content you supply (d) any non-compliance by you with the terms and conditions of these Terms of Use; and (e) your violation of any law or the rights of a third party (f) claims brought by persons or entities other than the parties to these Terms of Use arising from or related to your access and use of the Website, including the information obtained through the Website. You shall use your best efforts to cooperate with EMG Agency and our affiliates in the defense of any claim.

LIMITATION OF LIABILITY

THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE’S SERVER IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR BUGS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EMG AGENCY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ACCESS TO THE WEBSITE OR THE INABILITY TO ACCESS OR USE THIS WEBSITE OR THE CONTENT, MATERIALS OR FUNCTIONS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF EMG AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMG AGENCY`S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ((I) THE AMOUNT PAID BY YOU IF ANY TO ACCESS THIS WEBSITE OR (II) $100.

WARRANTIES

You represent and warrant that (a) you will abide by the terms of this Terms of Use, (b) the submission of an Application does not violate any restrictions to which such you may be bound, (c) User Content submitted by you will be accurate (d) User Content does not and will not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (e) the submission of User Content does not violate the terms of this Terms of Use or any applicable laws or regulations.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this Website may be terminated immediately without notice from us or our service provider for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must immediately cease use of this Website and promptly destroy all materials obtained from this Website and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this Website. Upon such termination, you must promptly destroy all content and materials obtained from this Website and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise.

GOVERNING LAW

By visiting this Website you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the United States, including US copyright and trademark laws, and with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy immediately below shall be filed only in the state or federal courts located in New Jersey and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action.

 

© 2013 Event Model Group, LLC DBA EMG Agency All rights reserved.