Terms and Conditions of Use
Welcome to ManneqART.org (the “Site”). Please read carefully the following Terms and Conditions of Use (“Terms and Conditions”) before using or obtaining any content, products or services through our Site.
ManneqART®, Inc. is a registered US 501c3 Non-Profit Organization for Education in the Arts. Within this Terms and Conditions, “ManneqART” and “we” refer to ManneqArt, Inc., a Maryland non-profit corporation maintaining its principal place of business 9010 Maier Road, Suite 104, Laurel Maryland, 20723, United States. Any person who uses this website, purchases goods on this website, submits information through this website, or enters any contests or submits to adjudicated panels using this website shall be referred to as a “User.”
These Terms and Conditions govern your access to and use of the Site as provided by ManneqART, Inc. (“ManneqART”). Access to and use of this Site is subject to acceptance of these Terms and Conditions, which include our Privacy Policy. If you agree with the Terms and Conditions, please click on the “I Agree” button. By clicking on the “I Agree” button, and/or by otherwise using this Site, you agree to these Terms and Condition and, where applicable, you represent that you have obtained permission from your parent or guardian.
BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE.
Definitions
For purposes of this document, the following capitalized terms will have the meanings indicated:
“Content” means all content included on the Site, including but not limited to, text, articles, documents, photographs, likenesses, audio and sound recordings, video recordings, biographical information, images, artwork, graphics, software, applications, information and data, and all other materials that are available on the Site.
“Marks” means any and all trademarks, service marks, logos, trade names, trade dress, custom graphics and icons that are now, have ever been, or are at any time hereafter, displayed or used in connection with the Site and/or the Content, including, without limitation, the trademark “ManneqART™”
“ManneqART” “our,” “we” or “us” means ManneqART, Inc., and its subsidiaries, affiliates, successors and assigns.
“Person” means any individual, corporation, partnership, joint venture, limited liability company, unincorporated association, estate, trustee, government (including any governmental agency or subdivision), or other legal entity.
“Products” means merchandise available for purchase through the Site, which may include t-shirts, calendars, tickets to ManneqART-sponsored events, and so forth.
“Provider” means ManneqART, Inc. and any of its providers, sponsors, suppliers and licensors.
“Services” means services and resources provided to Members by ManneqART and Providers through the Site, including computer accessible workout routines and wellness programs, chat rooms, and other forums for the dissemination and exchange of information on the Site.
“Site” means the website currently accessible on the Internet domain name http://www.ManneqART.org, and including, without limitation, the assembled work of Web pages and all Content, Marks, Products and Services available from the website. The term “Site” includes any and all substitute, alternative and successor websites that may be developed or owned by ManneqART in the future.
“Users” means, collectively, any and all visitors to or users of the Site.
The terms “Site”, “Marks”, “Content” and “Products” and “Services” do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
The terms “Site”, “Marks”, “Content” and “Products” and “Services” do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
MANNEQART SERVICES
ManneqART is focused on bringing Wearable Art to the attention of the public. Through a variety of events during the year, we strive to showcase the best in imaginative Hair, Makeup, Costuming, and Digital Art. The focal point of our season is a Public Display of exceptional designs culminating in a Gala Event where finalists present their work and receive awards. ManneqART looks to engage a community committed to embracing the arts and anticipates expanding in the future.
ManneqArt promotes an appreciation of the 100,000 year history of Wearable Art; provides a comprehensive theory of the relationship between Craft, Design, Fashion, and Art; is beginning a process to preserve articles of Wearable Art from various countries and cultures in a Museum of Wearable Art; provides opportunities for practicing artists to create Wearable Art; rewards excellence in the field of Wearable Art; and brings Wearable Art to the public in the form of free displays in public venues.
Scope and Terms of Access and Use
Terms for Using the Site
These Terms and Conditions govern your access to and use of all Content, Products and/or Services available through the Site. You agree to be bound by these Terms and Conditions, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of ManneqART or its Providers.
Additional Terms
Additional terms may apply when you purchase Products or Services, or when you participate in other promotions. These additional terms are found in the area of the Site where you will purchase a Product or Service, or where you will register for such promotions.
You agree to abide by the terms and conditions imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of Products or Services.
Compliance with Laws
You agree to comply with all federal, state and local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside
Age Restriction
Minors under the age of 18 are not eligible to register to purchase Products or Services available on the Site, or to submit artistic entries. If you are under the age of 18, you may not submit any personal information. If the parent or legal guardian of a minor under the age of 18 wishes register for, use or purchase Products or Services available on the Site on behalf of the minor, such parent or legal guardian shall ensure that all contact information, including email addresses and phone numbers, are those of the parent or legal guardian. See Privacy Policy.
ManneqART does not knowingly collect personal information from children under 18 years of age.
Use of the Site
License
ManneqART grants you a limited, non-exclusive, personal, nontransferable, non-sub-licensable, revocable license to access and use the Site only as expressly permitted in these Terms and Conditions. Except for this limited license, we do not grant you any other rights or license with respect to this Site or any of its Content. Any rights or license not expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use the Site only for your personal non-commercial use, and not to provide services to any other Person.
Proprietary Rights
This Site is owned solely by ManneqART. As between you and ManneqART (including our affiliates), ManneqART is the sole owner and/or authorized user of any and all Marks, and is the copyright owner or licensee of all Content, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any Content, features or materials you may access on the Site.
Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the Content or screens except as otherwise provided in these Terms and Conditions, for any purpose, without written permission of ManneqART. Notwithstanding the foregoing, you may download and save one (1) copy of the Content on the Site on your personal computer and you may print one (1) copy of the information on the Site solely for your personal use or records, but you may not modify the Content in any way, and you must reproduce the ManneqART copyright notice (or the Provider’s notice as applicable) in the following form:
© 2014 ManneqART, Inc. – All Rights reserved
as displayed on the relevant page(s) that you might copy.
Except as expressly provided above, you shall not: (a) download, store, copy, publish, display, distribute, transmit (by any means, including, without limitation, email or telefax), transfer, sublicense, modify, add to, manipulate, create derivative works of, or grant third parties the right to use the Site or its Content, or any portion thereof; (b) frame or link to the Site or its Content, or any portion thereof, or use any other technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; (c) assign, sell, rent, lease or lend access to the Site or its Content; (d) assign, sell, rent, lease, lend or otherwise transfer, or pledge as security or otherwise encumber, the license granted hereunder or any other rights of ManneqART hereunder; (e) modify, translate into any language or computer language, or create derivative works from, any Content or any part of the Site; (f) reverse engineer, decompile, reverse compile, translate, adapt or disassemble or in any way attempt to reconstruct or discover any source code or other technology of or which underlies the Site, or any portion thereof; (g) use, disclose or transfer (or permit any third party to use, disclose or transfer), to any third party any trade secret of ManneqART or of any Provider which you may acquire in connection with this Agreement; (h) permit any other Person to use your Password; or (i) cause, assist, permit or encourage any other Person to do any of the foregoing.
No intellectual property rights whatsoever shall be granted or transferred to any Member or other User by reason of access to or use of the Site or its Content. Without limiting the generality of the previous sentence, ManneqART does not grant any license or other authorization to any Member or other User of any of the Content or Marks, other copyrightable material or any other intellectual property, by including the same on the Site. Any rights not expressly granted hereunder by ManneqART to you are reserved by ManneqART, and all implied licenses are disclaimed.
The Site and its Content contain material that is protected by U.S. copyright laws, by federal and state trade secret and trademark laws, and by law of other countries and international treaty provisions. If you make use of the Site, except as otherwise permitted in these Terms and Conditions, you may violate such laws and may be subject to liability for such use. You shall not remove any copyright or proprietary notice of ManneqART or any of its licensors from any copy of the Content or other Site materials.
Personal Data
You represent, warrant and agree that any and all information and data about you, photographs and likenesses of you, and recordings of your voice, that you provide to ManneqART are owned by you and will be true, complete and accurate and will be kept current and up-to-date at all times. You further warrant and agree that you have the right to provide all such information, data, photographs, artwork, likenesses and recordings to ManneqART for use, display and reproduction on the Site and that such use, display and reproduction will not infringe upon or violate the rights of any other Person.
Internet Access
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. ManneqART will not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Limitations on Content and Use
You warrant and agree that, while using the Site, you shall not:
-
Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
-
Restrict or inhibit any other User from using and enjoying the Site;
-
Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
-
Impersonate any Person, or misrepresent your affiliation with any Person;
-
Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
-
Sell, resell, transfer or reproduce any Products or Services, without the express written permission of ManneqART, Inc.;
-
Collect or store any personal data about other Users;
-
Engage in spamming or flooding;
-
Use any robot, spider, other automatic device, or manual process to monitor Content;
-
Use the Site other than for its legitimate and intended purpose;
-
Imply in any way that ManneqART is endorsing your products or services;
-
Place false or misleading information on the Site;
-
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms and Conditions;
-
Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by ManneqART, other Members or Users;
-
Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
-
Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
-
Disguise the origin of the information transmitted through the Site.
Such determination to be made at ManneqART’s sole discretion.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any Content or component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
Termination
ManneqART, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to the Site or any portion thereof, even if access continues to be allowed to others. Immediately upon any termination of your your access to the Site, any license granted hereunder shall terminate automatically, all Passwords will be cancelled, and you shall immediately discontinue all access to and use of the Site and its Content and destroy any copy you have made of any portion of the Site or its Content. Accessing the Site after such termination shall constitute an act of trespass. ManneqART shall not be responsible to you for such termination or restriction.
Privacy and Security
Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms and Conditions is also your consent to the information practices in our Privacy Policy.
Your Material
Any information, material, ideas, concepts, designs and other materials that you submit or otherwise communicate to ManneqART, to or through the Site, by electronic mail or otherwise (“Your Material”) will be deemed NOT to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you agree and acknowledge that Your Material will not be treated as confidential or proprietary.
You represent, warrant and agree that Your Material: (a) is original to you and that no other Person has any rights to Your Material; (b) does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful; (c) does not contain a virus or other harmful component; and (d) does not contain any advertising of any kind, or false or misleading indications of origin or statements of fact.
Unless specifically requested, ManneqART does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.
Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot, however, promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there may be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Email Contact
Members may receive regular or periodic email updates from the Site as new features, products, and services are developed.
Changes to Site and Content
ManneqART reserves the right to change, supplement, delete, update, discontinue, suspend or modify all or any part of the Site and/or its Content at any time and from time to time, and without prior notice to you. We do not, however, make any commitment to update the Site and/or its Content. You agree that ManneqART shall not be liable to you for any delay or other damages that might result from any such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain Products and Services, or establish or change general practices and limits concerning certain Products and Services.
Links to Third Party Sites
Outbound Links
For your convenience, our Site provides links to other websites. In addition, our Site may utilize various third party payment systems. When you click on one of these links, you are leaving our site and entering another site. Such links are provided as a convenience to you, and do not constitute an endorsement by or association with ManneqART of such sites or the content, products, advertising or other materials presented on such sites. ManneqART does not author, edit, or monitor these linked sites. You acknowledge and agree that ManneqART is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites.
Inbound Links
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that: (a) you give ManneqART prior written notice of such link by contacting ManneqART Customer Service, to request our permission to establish the link, a determination of which is made at our sole discretion; (b) ManneqART in fact consents in writing to such link; (c) you immediately discontinue providing a link to our Site if so requested by us; (d) you do not imply in any fashion that ManneqART is endorsing any of your products or service or is affiliated with you; (e) you do not present ManneqART in a false light, or provide misleading or false information about ManneqART, the Site, or our Products or Services; (f) you do not remove or obscure the copyright notices, or other notices on this Site; (g) you do not use any Mark of ManneqART; and (h) you do not replicate, frame or mirror any Content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
Intellectual Property
Ownership Rights
This Site is the sole and exclusive property of ManneqART or its licensors. ManneqART, and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Trademarks
All Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of ManneqART and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from ManneqART, or the relevant Provider, except as an integral party of any authorized copy of the Content. By using this Site, the User acknowledges, accepts and will abide by the information contained in the Legal Notice. The User also acknowledges that he/she has actual notice of all intellectual property listed in the Legal Notice or any notice marked on this Site and any infringement thereof will be willful.
Disclaimer of Warranty; General Disclaimer
ManneqART and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an “AS IS” basis. ManneqART and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that ManneqART is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANNEQART AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INFORMATIONAL CONTENT, ACCURACY OR UNINTERRUPTED ACCESS, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. MANNEQART DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANNEQART OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
THE CONTENT ON THE SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE.
ManneqART’s Rights to Monitor and Change Content
To the maximum extent permitted by law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not partners, co-venturers, agents or employees of ManneqART and have no authority to bind ManneqART to any legal obligation or liability.
IN NO EVENT WILL MANNEQART, OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES OR PROVIDERS, BE LIABLE TO YOU OR ANY OTHER USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY USE, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, THE ACTS OR OMISSIONS OF MANNEQART OR ANY PROVIDER WHO FURNISHES PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR ITS CONTENT, OR (B) ANY FAILURE OR DELAY, OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, OR (D) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF MANNEQART AND/OR THE PROVIDER(S), AS THE CASE MAY BE, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
IN NO EVENT SHALL MANNEQART BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MANNEQART TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE AND/OR ITS CONTENT EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO ManneqART FOR YOUR MEMBERSHIP AND/OR YOUR ACCESS TO OR USE OF THE SITE.
Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Limitation of Liability
We have no obligation to monitor any Content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User’s use of the Site at any time in our sole discretion.
Indemnification
You agree to defend and indemnify ManneqART and any Provider, and each of their respective officers, directors, owners, employees, agents, successors and assigns, from and against any claims, suits, actions, causes of action, costs and expense, including, without limitation, reasonable attorneys’ fees as and when incurred, arising from or in connection with: (a) any breach by you of these Terms and Conditions or the documents made part of these Terms and Conditions by reference; or (b) your violation of any law or the rights of a third party, or (c) your use of the Site or the placement or transmission of Your Material on or through the Site by you, or (d) any claim that any of Your Material violates any copyright, trademark, trade name, trade secret or proprietary right or interest of any Person, or (e) any misrepresentation of any fact by you to ManneqART or, otherwise, any inaccuracy in any of Your Material or any other information that you submit to ManneqART.
Disputes
The laws of the State of Maryland (USA), without regard to its conflict of law rules, will govern these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Howard County, Maryland, USA. You consent to the personal jurisdiction of the laws of the State of Maryland, agree that venue shall properly lie in each such courts, and hereby waives any claim against or objection to personal jurisdiction of such courts and any contention that the venue of such courts is as inconvenient forum. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.
General
Your acceptance of these Terms and Conditions, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship between you and ManneqART.
You may not assign, delegate, or transfer your rights or obligations under these Terms and Conditions.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
The headings in these Terms and Conditions are for your convenience and reference; they do not limit or affect these Terms and Conditions.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect any of the other Terms and Conditions, and the offending provision will be deemed to be modified to the minimum extent necessary to make such provision valid and enforceable.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred
Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms and Conditions, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
Modifications
We may change these Terms and Conditions and/or the Privacy Policy from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, Content, Products, Services, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You should visit this page from time to time to review the then-current Terms and Conditions and Privacy Policy, because they are binding on you. By using the Site following any changes to the Terms and Conditions and/or Privacy Policy, you agree to be bound by any such changes.
Written documents
You may preserve these Terms and Conditions in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging. We may presume that your e-mail address, if provided to us, will serve as your point of contact for purposes of providing any notice or other communication to you, unless you notify us in writing an alternative means to contact you.
Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by ManneqART, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them
.
E-mail: info@ManneqArt.org
Mailing address: 9010 Maier Rd. Unit 104 Laurel, MD 20723
Telephone: (301) 725-5555
ENTRY DETAILS
ManneqART discourages Competition entries that have previously received accolades, monetary or otherwise. Student work that has been created as part of an academic curriculum is acceptable.
To submit an entry, include your submission fee ($25-35 USD) with all required application materials by your intended application deadline date (March 30th, 2014 earliest, April 30th, 2014, latest). Submission fees cannot be refunded. A single submission fee covers only one submission (a single piece of artwork). Multiple submissions per artist or team need to be filed separately.
Any winnings received will be entrusted to the primay artist named on the application forms. ManneqART is not responsible for allocating monetary or in-kind awards to multiple artists working on the same section of the Competition.
Copyright
Applicants must create original designs and concepts (“Artwork”, “Submission,” or “Entry”). Any form of plagiarism will ensure automatic rejection from the Competition.
Entries must comply with standard copyright guidelines and not infringe on the intellectual property rights of others. While taking inspiration from outside sources is encouraged, your ManneqART Artwork must stand on its own as a unique and individual entity.
Entries must not include trademarked elements. Entries featuring brand names, logos or any other form of corporate branding will not be accepted.
By submitting an Entry, Applicant acknowledges acceptance of the Terms and Conditions, Privacy Policy and Legal Noticeposted on this Site, including warranties and representations that their Artwork is not infringing any copyright or other intellectual property of another. Applicant further acknowledges that should an intellectual property owner attempt to enforce their intellectual property rights (such as, copyrights, trademarks, patent rights, right of publicity, trade secrets, and so forth), the Applicant will be responsible for paying for all the legal fees incurred by ManneqART in defending any lawsuit arising from such infringement, including attorney fees, damages or penalties, as described in the Terms and Conditions page.
Insurance
ManneqART strongly encourages artists to insure their work before submitting Entries to the Competition. Although we will treat your Artwork with care, we are not responsible lost or stolen Submissions.
Please insure your Artwork from the time it’s sent to us (April) to the time it will be returned to you (November).
ManneqART is not responsible for “wear and tear” damage that might occur during the Competition, accidental or otherwise. This includes preparation (unpack, setup, pack-up) by ManneqART staff or passersby for Competition events (Live Hair and Makeup Competition, Public Display, Awards Gala) over the course of the Competition timeframe.
Property Retention and Distribution
If selected, ManneqART will hold your Artwork from April 2014 to November 2014.
Upon receipt of your Submission, your work will be documented by ManneqART (photographs, video, etc.). Any such imagery will be offered (free of charge) back to you (the Artist).
You will be contacted in writing if there is any expressed interest in purchasing your Submission(s), or for extended display of your Artwork.
ManneqART reserves the right to use and distribute any submitted Documentation (writings, descriptions, captions, photos, digital Artwork, images, or video) of Competition Entries. This includes Documentation, submitted by artists and additional Documentation captured by ManneqART staff, as described in the Terms and Conditions page.
If a submitted Artwork wins any sponsored award (and subsequent monetary prizes), the intellectual property rights are retained by you (the Artist). By submitting your Artwork, you hereby grant to ManneqART, Inc. a royalty-free, unrestricted, worldwide, perpetual, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your submitted material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in Your Material have been waived. Ownership of the Artwork still rests with you (the Artist), unless otherwise negotiated in writing.