Welcome to the website here at http://derekhough.com. This Website is a joint collaboration between and EQAL, Inc. ("EQAL") and http://derekhough.com ("Partner") (collectively "We" or "Our" or "Us"). We hope to provide with you an engaging experience where you can join an amazing community, view and share content, and submit your own great content.
The Website is built on EQAL's social networking platform service ("EQAL Service") that enables you to manage your personal information and content on this Website, between other websites powered by EQAL, between third party software applications, and services that are compatible with the EQAL Service.
By registering for an account and becoming a member ("Member") and using the EQAL Service and Website, you further agree to be bound by the EQAL Service section of this Agreement. You are only authorized to use the EQAL Service and Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should not become a User and should discontinue use of the EQAL Service and Website immediately. If you wish to become a Member, communicate with other Members, enter the casting competition, and/or make use of the EQAL Service and Website, you must read this Agreement and indicate your acceptance during the registration process.
EQAL may modify this Agreement from time to time and such modification shall be effective upon posting by EQAL on the Website. Your continued use of the EQAL Service and Website after EQAL posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you upload or link to your Member account through the EQAL Service and that you provide to other Members. Your Member account may not include any form of Prohibited User Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other EQAL Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and EQAL assumes no responsibility or liability for this material. If you become aware of misuse of the EQAL Service and/or Website by any person, please click on the "Report Abuse" link at the bottom of any page on the Website.
EQAL reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the EQAL Service and/or Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. EQAL expressly reserves the right to remove your Member account and/or deny, restrict, suspend, or terminate your access to all or any part of the EQAL Service and/or Website if EQAL determines, in its sole discretion, that you have violated this Agreement or pose a threat to EQAL and/or its Users.
2. Member Generated Material. You must register with EQAL to become a Member (as defined herein) of the Website. As a Member, you may submit video content ("Member Videos") and textual content as well as images or photographs ("Member Comments") (collectively "Member Submissions"). You understand that whether or not such Member Submissions are published, there is no guarantee of confidentiality with respect to any Member Submissions.
2.2 You understand that when using the Website you will be exposed to Member Submissions from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EQAL, the owner/co-owner of the Website, and each of their respective affiliates or related entities with respect thereto, and agree to indemnify and hold EQAL, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
2.3 Portions of the Website may provide you and other Members an opportunity to submit, post, display, transmit and/or exchange Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, trade secret, copyright, image, right of publicity or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and this Agreement. Member Submissions do not reflect the views of the Website , Us, or it's co-owners. In no event shall any Member Submission be deemed to have been received or read by Us, unless such Member Submission is also a Casting Submissions and no fiduciary relationship or implied in fact contract shall be deemed to have been formed. EQAL does not monitor, endorse, edit or screen any Member Submissions, although we reserve the right to do so, nor shall we be liable for any Member Submissions that are in violation of this Agreement. In no event shall the Website or EQAL have or be construed to have any responsibility or liability for, or in connection with any Member Submissions whatsoever.
2.4 Our Members comments, suggestions and information are important to us. If a Member Comment originates from you or your account, you hereby agree that: (a) you are placing the Member Comment in the Public Domain without reservation of any rights or further control over the Member Comment or its use and you specifically authorize the Website and Us, and our affiliates, licensees, and assigns to use such Member Comments in whole or in part, throughout the universe, in perpetuity in or on any and all media now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Member Comment is original to you or fully cleared for use as contemplated herein, (ii) the Member Comment does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Member Comment does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Member Comment is not obscene or in any other manner unlawful, (v) the Member Comment shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Member Comment; and (c) we have the right to delete, re-format and/or change your Member Comment in any manner that we may determine (although you will not be responsible for any such changes made).
2.5 By submitting or uploading a video to the Website the Member who submitted or uploaded the video ("Video Creator") hereby grants other Members the right to post Member Comments containing the intellectual property contained in Video Creator's Member Video. The Video Creator's intellectual property contained in the Member Comments DOES NOT enter the Public Domain. Only those parts of the Member Comment that originate from you enter the Public Domain.
2.6 By uploading or submitting a Member Video to the Website, Video Creator (a) represents and warrants that (i) the video is original to you or fully cleared for use as contemplated herein, (ii) the video does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the video does not contain libelous, tortiuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the video is not obscene or in any other manner unlawful, (v) the video shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the video; and (c) we have the right to remove your video from the Website for any reason.
2.7 When a Video Creator submits or uploads a video to the Website, the Video Creator hereby grants the Website and Us, our heirs and assigns a worldwide, royalty-free, non-exclusive, gratis, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Video in connection with the Website and Our (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, worldwide, in perpetuity.
1. Eligibility. In order to use the EQAL Service, you must register to become a member ("Member"). Use of the EQAL Service is void where prohibited. By using the EQAL Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the EQAL Service does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you are a Member of the EQAL Service. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Edit Profile page. EQAL may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
3. Third Party Services. The EQAL Service incorporates third party services ("Third Party Services") to provide additional features to Members. You should read the Terms of Service and Privacy statements provided by those companies to determine how your use of those Third Party Services affects your rights. Third Party Services may include advertisers and companies that may offer goods, services and other materials to you through the EQAL Service. Your correspondence and business dealings with others found on or through the EQAL Service including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser or company. You agree that EQAL will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, or any other Third Party Service provided to Members by the EQAL Service.
4. Password. When you register to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another Member at any time or to disclose your password to any third party. You agree to notify EQAL immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The EQAL Service is for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by EQAL. EQAL reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the EQAL Service, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited messages, is prohibited. EQAL reserves the right to take appropriate legal action for any illegal or unauthorized use of the EQAL Service.
6. User Content.
6.1. We do not claim any ownership rights to the comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content or material (collectively, "User Content") that you upload or link to your Member account using the EQAL Service. After uploading or linking your User Content to your Member account using the EQAL Service, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By uploading or linking any User Content to your Member account using the EQAL Service, you hereby grant to Us an unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the EQAL Service as well as separate and apart from the EQAL Service, in any and all media, now known or hereafter devised, in perpetuity.
6.2. The license you grant to Us is non-exclusive. After uploading or linking User Content to your Member account using the EQAL Service you continue to retain ownership of your User Content, and you continue to have the right to use and license your User Content in any way you choose. The User Content that you upload or link to your Member account using the EQAL Service needs to comply with the terms of this Agreement. At any point, you can remove your User Content and cancel your Member account and EQAL does not retain any license rights except as provided below.
6.3. You are solely responsible for the User Content that you upload or link to your Member account through the EQAL Service, and any material or information that you transmit to other Members and for your interactions with other Users. Furthermore, you represent and warrant that: (i) you own the User Content uploaded or linked to your Member account through the EQAL Service or otherwise have the right to grant the license set forth in this Section 6, and (ii) the uploading or linking of your User Content to your Member account through the EQAL Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content uploaded or linked to your Member account through the EQAL Service.
6.4. You hereby grant Us, during the course of your usage of the EQAL Service, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display your User Content (a) for the sole purpose of operating and making your User Content available through the EQAL Service and in all current and future media in which the EQAL Service may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding your User Content on an aggregated and anonymous basis for advertising, marketing and business development purposes. If you wish to grant other Members or the general public additional licenses to your User Content, please include the license terms with your User Content. Without limiting the foregoing, We reserve the right to retain copies of User Content for archival or legal purposes after termination of the Agreement.
6.5. EQAL may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of any of Us violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the EQAL Service for inappropriate User Content or conduct. If at any time We choose, in our discretion, to monitor the EQAL Service, We nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the Member submitting any such User Content.
6.6. You hereby agree that if your User Content is removed from the EQAL Service due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such User Content contains illegal images, We shall have the right to use, reproduce and exploit your User Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Us, any individual, or the general public.
7. User Content Prohibited. The following are examples of the kind of User Content that is illegal or prohibited to upload or link to your Member account through the EQAL Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this provision, including without limitation, removing the offending User Content from the EQAL Service and terminating the Membership of such violators. Prohibited User Content includes, but is not limited to, User Content that, in our discretion:
7.1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2. inserts material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the EQAL Service or applications, services, or websites connected to the EQAL Service, or disobeys any requirements, procedures, policies or regulations of applications, services, or websites connected to the EQAL Service;
7.3. exploits people in a sexual or violent manner;
7.4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7.5. solicits personal information from anyone under 18;
7.6. publicly posts information that poses or creates a privacy or security risk to any person;
7.7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
7.12. solicits or collects personal data including telephone numbers, addresses, last names, email addresses, passwords or personal identifying information from other Users;
7.13. involves commercial activities and/or sales without prior written consent from Us such as contests, sweepstakes, barter, advertising, or pyramid schemes;
7.14. includes a photograph or video of another person that you have posted without that person's consent;
7.15. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
7.16. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
7.17. intentionally or unintentionally stalks, abuses, sexually exploits, violently exploits, acts violently toward or harasses another User; or
7.18. knowingly communicates with any User under the age of 13 or communicates in an inappropriate manner with a User between 13 and 18 years of age.
8. Prohibited Activity. The following are examples of the kind of activity that is illegal or prohibited through your use of the EQAL Service. We reserves the right to investigate and take appropriate legal action against anyone who, in Our discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the EQAL Service. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, We reserve the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number which We deem appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the EQAL Service, you acknowledge that you will have caused substantial harm to Us, but that the amount of such harm would be extremely difficult to ascertain.
8.3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the EQAL Service;
8.4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.5. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.6. interfering with, disrupting, or creating an undue burden on the EQAL Service or the applications, services, or websites connected to the EQAL Service;
8.7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.8. selling or otherwise transferring your profile;
8.9. using any information obtained from the EQAL Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.10. using the EQAL Service in a manner inconsistent with any and all applicable laws and regulations.
9. Limitation on Liability. IN NO EVENT SHALL EQAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE EQAL SERVICES, EVEN IF EQAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EQAL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EQAL FOR THE EQAL SERVICES DURING THE TERM OF MEMBERSHIP.
10. U.S. Export Controls. Software available in connection with Website and the EQAL Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website and the EQAL Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
11. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its choice of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located within the State of California, County of Los Angeles to resolve any dispute arising out of the Agreement or the EQAL Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
12. Injunctive Relief. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Our intellectual property rights in the User Content or otherwise, or may cause continuing or irreparable harm to us (including, but not limited to, any breach that may impact Our intellectual property rights), we may seek injunctive relief, or any appropriate relief, without posting a bond.
13. Indemnity. You agree to indemnify and hold Us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Website and the EQAL Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any User Content that you upload or link to your Member account through the EQAL Service causes Us to be liable to another.
14. Other. This Agreement is accepted upon your use of Website and the EQAL Service and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and EQAL regarding the use of Website and the EQAL Service. The failure of Us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EQAL is a trademark of EQAL, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
15. Protecting Copyrights and Other Intellectual Property. We respect the intellectual property of others, and requires that our Members do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through Website and/or the EQAL Service in a way that constitutes copyright infringement, please send EQAL's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Website and/or the EQAL Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. EQAL's Copyright Agent for notification of claimed infringement can be reached electronically by emailing email@example.com, subject "Copyright."
or write to us at:
5250 Lankershim Blvd.,Suite 720
North Hollywood, CA 91601
Attn: Paras Maniar.