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Legal Terms Of Use
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The terms and conditions set forth below (the "terms") govern you and your relationship with us while on this site on the World Wide Web (the "site") and in connection with your use of this site, and are legally binding on you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. Your registration and/or your use of the site shall be deemed to be conclusive evidence that you have read these terms, understand them, and agree to each and every one of them. All references herein to "you", "your" or the like shall be deemed to mean the person visiting or using this site and/or the person registering to use this site, to submit photos or other information, or to obtain products or services from this site.
All WinLoser Inc. original and owned information, documents, products and services, logos, graphics, and images (the "Materials") provided on this site are copyrighted or trademarked and are the property of WinLoser Group, Inc. WinLoser.com is a service of and a mark owned by WinLoser Group, Inc., and references to "we", "us", "WinLoser", "WinLoser", "WinLoser Group, Inc.", and similar words shall be deemed to be references to this service and/or to WinLoser Group, Inc., as applicable to the content of the reference. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, privacy laws and/or communications laws, and WinLoser Group, Inc. intends to enforce all of its rights and privileges under such laws. Neither WinLoser.com nor its parent company, WinLoser Inc., claim to or imply to be directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the products listed on this website, and in no way claim to represent or own their trademarks, logos, marketing materials, or products. None of the companies that produce, manufacture, promote, or distribute the products listed on this website own, endorse, or promote WinLoser.com or WinLoser Group, Inc.
WinLoser Group, Inc. grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of WinLoser Group, Inc. Specifically but without limitation, you agree not to reproduce, redistribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the materials in any manner. You agree not to "frame" or "mirror" any Materials or third-party content contained on this site on any other server or internet-based device without the advanced written permission of WinLoser Group, Inc. or its licensors, respectively. The limited license granted to you hereby terminates automatically, without notice to you, if you breach any of the terms hereof.
This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by WinLoser Group, Inc. Such links do not constitute an endorsement of such other sites by WinLoser Group, Inc. and you acknowledge that WinLoser Group, Inc. is providing these links to you only as a convenience, and you further agree that WinLoser Group, Inc. is not responsible for the content of such sites or your use of such sites. Companies and their logos featured on this site may not be affiliated with WinLoser Group, Inc.
You agree that all photos and materials that you submit or transmit to us are owned solely by you and that you assume total, exclusive responsibility and liability for their content and use. You grant Lifescript Asset Acquisition Corp. the perpetual right to use and edit your photos on our site, as well as for marketing purposes. You also agree that you will not upload or post any photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under any applicable law. You further agree that you will fully indemnify and hold WinLoser Group, Inc. harmless of, from and against any liability, loss, damages, costs and attorneys fees that may be alleged against or incurred by WinLoser Group, Inc. as a result of any and all claims by third parties or law authorities related in any manner to your photos and materials or the use thereof regardless of whether or not WinLoser Group, Inc. pre-screens your content. WinLoser Group, Inc. reserves the right to edit or remove content which violates or which they reasonably believe violates any of the foregoing provisions or any law.
Although we attempt to monitor the accuracy and timeliness of materials or third-party content, WinLoser Group, Inc. does not warrant the accuracy or timeliness of same. Accordingly, you acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of materials and third-party content and you specifically totally release WinLoser Group, Inc. and its agents and employees from liability for any errors and/or omissions in the materials and third-party content, whether provided by WinLoser Group, Inc. or any third-party.
You must be at least eighteen (18) years of age to register a valid contestant in the WinLoser contest and you specifically represent that you are at least eighteen (18) years of age and that you have authority to register for the contestant, to make representations for the contestant, and to utilize this web site for the contestant.
YOU AGREE THAT WinLoser Group, Inc. SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR, AND YOU INDEMNIFY AND HOLD WinLoser Group, Inc. HARMLESS OF, FROM AND AGAINST, ANY LIABILITY, LOSS, DAMAGE, COST AND/OR ATTORNEY'S FEES INCURRED BY WinLoser Group, Inc. AS A RESULT OF YOUR DISPLAY, COPYING OR DOWNLOADING INFORMATION OR MATERIAL CONTAINED ON THIS SITE OR YOUR USE OF THIS SITE IN ANY WAY. THE FOREGOING RELEASE, INDEMNIFICATION AND HOLD HARMLESS PRECLUDES ANY LIABILITY BY WinLoser Group, Inc. TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF WinLoser Group, Inc. HAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE. IN THE EVENT THE FOREGOING IS HELD UNENFORCEABLE IN ANY WAY, YOU AGREE THAT ANY LIABILITY THAT WinLoser Group, Inc. MAY HAVE OR MAY BE ADJUDICATED TO HAVE SHALL BE LIMITED TO RETURN OF ANY FEES PAID TO WinLoser Group, Inc. BY YOU IN CONNECTION WITH THE REGISTRATION OF A CONTESTANT OR THE USE OF THIS SITE.
WinLoser Group, Inc. controls and operates this site from its headquarters in the United States of America and makes no representations that the materials are appropriate or will be available for use in international locations. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content associated with this site.
There are no representations, promises or warranties other than those, if any, expressly made at this web site. Specifically, but not by way of limitation, WinLoser and WinLoser Group, Inc. and its agents and assigns, make no representations, promises or warranties of your success or failure by submitting photos pursuant to this web site and these rules.
THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY US AND WAIVED BY YOU.
If you violate the terms of this site, WinLoser Group, Inc. reserves the right to terminate service to you without further notice or explanation. Although WinLoser Group, Inc.'s preferred course of action is to advise you of your violation of terms, breach or inappropriate behavior, and to suggest corrective action, WinLoser Group, Inc. is not bound to do so and may exercise its right to terminate at any time. Any action related to these Terms will be governed by New York Law and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in Nassau County, New York, for the resolution of any and all disputes arising from or related to these Terms and/or your use of the site, and you specifically waive the right to bring an action in any other forum, and in the event you bring action in any other forum WinLoser Group, Inc. shall have the right to have same dismissed or transferred to the contractual forum agreed to above. The failure of WinLoser Group, Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by WinLoser Group, Inc. in writing. The Terms comprises the entire agreement between you and WinLoser Group, Inc. and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the relationship between them. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.
REFUND POLICY:
WinLoser of The Year Contest Entry:
WinLoser will refund your contest entry as long as your request is received before the contest is closed. If you received a 30-day trial membership for the VIP Club with your WinLoser of the Year Contest entry, your VIP account will be disabled when the contest entry is refunded. Please note, refunds are only available for current contest, no refunds will be provided for past contest entries.
How do I cancel my account?
Please contact our customer support, support@WinLoser.com before the contest end date for a full refund on the current month contest.
Privacy Policy
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We have created this privacy policy in order to demonstrate our commitment to providing full disclosure as to how we provide services and value to you and how we may utilize the information that you furnished to us or that we obtain from you through modern technology. Your participation through our web site in any of the services or products that are unavailable through our web site shall be deemed to constitute your understanding and acceptance of this privacy policy. We may modify the terms of this privacy policy from time to time, so you should review it frequently. Each time you visit our web site or provide us with information, you are accepting the most current terms of our privacy policy.
As in most cases of e-commerce, whenever you visit our web site your IP address and the web page from which you came are automatically collected. Using your IP address to help us identify you and to gather broad demographic information about you and enables us to optimize and administer the web site for you and to diagnose problems with our site, so we utilize your IP address for those purposes. Also as in most cases of e-commerce, our web site uses cookies to monitor your experiences with our web site and to keep track of your purchases and other activities. Cookies also enable us to deliver content specific to your interests, to save your password, and, if you choose, to save other personal and financial information so you do not have to reenter it every time you visit our web site. Most browsers will provide assistance to enable you to disable cookies if you wish, but that may also disable your access to certain areas of our web site, so we do not recommend that you disable cookies.
Collection and Use of Private Information
We collect the following types of Private Information about you from the following sources:
• Information we receive from you on sign-ups, membership or other forms, i.e. your name, address, e-mail, phone or fax number and family demographics.
• Information about your transactions with us, our affiliates, or others, such as your entry to contests and registration for information and services.
In order to provide you with related product and service offers, we may disclose Private Information about you with trustworthy and reputable third parties such as:
• Product-related businesses that we deem appropriate to cross-promote and create marketing partnerships with
• Non-product related, but value oriented values and incentives we deem valuable to our member.
• Use for identity recognition and verification
• Others
Although registration and/or the furnishing of personal information is not necessary in order to visit our web site, if you register or wish to take advantage of the products and services that we offer you will have to provide certain personal information. If you do submit any information, it will or may be used/ shared as stated in this privacy policy or as otherwise permitted by law. We may use your personal information in order to contact you for the purposes of providing site updates through our WinLoser™ newsletter, third party products or services we believe to be of interest to you, responding to requests for information, and advising you of changes to our service or other matters related to the use of our web site. We may use your provided information for any and all marketing purposes such as special offers from partners, coupons and information that we deem relevant to you as a WinLoser™ member or for the operation of our web site for an unlimited time period. These forms of contact may include direct mailing, phone calling, e-mailing or text messaging or otherwise. Regardless of any of the foregoing, we will not share your billing or credit card information with any other parties, except in connection with such activities as may be reasonably necessary in order to process your transactions, such as credit card servicers, receipt or support services, customer relationship management services, order or fulfillment services, shippers and other carriers and delivery services, and the like.
We use reasonable security methods to contact all data that we collect and store, including but not limited to personal information, demographic information, and financial information. However, we cannot and do not insure that our systems are impenetrable or that data is not intercepted while being transmitted to or from us over the Internet or by other means. In the event we sell or transfer all or a substantial portion of our assets, then we reserve the right to transfer to a third-party any and all data and information that we have obtained or have stored. We also reserve the right to disclose any and all information and data that we have obtained or have stored to appropriate law enforcement authorities if we reasonably suspect that a user of our web site or of services or products made available through the use of our web site is engaging in or has engaged in any illegal activity.
By becoming a member of The WinLoser, you may receive emails including special offers and promotions from Deals for Mommy. You may opt out from receiving these mailings and continue to receive your WinLoser emails. You may also opt out from receiving WinLoser emails, by clicking the unsubscribe button included in all of our emails.. Deals for Mommy will not release your personal information to any third parties.
Your Acceptance of These Terms
By using this site and providing us with your information, you agree to WinLoser.com Privacy Policy and all of the Terms set forth in this document. If you do not agree to this policy and the terms, you are not granted the license to use this site or any of the services or products provided and please do not use our site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy or these terms at any time. Please check this page frequently for changes. Your continued use of the WinLoser.com site means you accept those changes in effect as of the date and time of your latest usage. You can e-mail us with any further questions you may have at privacy@WinLoser.com (e-mail Subject: Privacy Please)
VOID WHERE PROHIBITED AND/OR RESTRICTED BY LAW- all participants in or outside The United States must comply with their local laws.
Last modification date of these terms and privacy policy is November 01, 2015.
VIP Club Terms & Conditions
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The WinLoser™ VIP Club membership/profile page is a public access (with an option for privacy) general purpose portfolio hosting web site and community for models, actors, photographers, agencies and other industry professionals. The WinLoser.Com provides a hosting service for person to person display, marketing, and communication on a professional level between VIP Club members via The WinLoser Casting Team. By using and accessing the VIP Club, you agree to abide by international copyright law protecting all images, graphical and written content on the site.
By using the VIP Club you agree to the following terms and conditions that govern all of its members and site users. You also agreed to this contract between you, the user, and The WinLoser during signup.
It is the responsibility of the user to abide by this agreement and site guidelines.
MEMBER SUBSCRIPTIONS: The VIP Club is a subscription service for $9.95/month per profile, all upgraded (paid) subscriptions are automatically renewed at the end of each subscription payment term, this way your profile continues to remain viewable by clients without interruption of service.
REFUND POLICY: Because of the immediate access nature of the internet and our website, we have a no-refund policy, since the member gets immediate and full access to the site and its services and/or products. Since you cannot physically return an e-book or the member services of an online portfolio, we do not give refunds, but you can cancel at any time.
Disclaimer: The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER THE WINLOSER.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CASTING, JOB OFFER, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
The Service and the Sites may include portfolio booking forms, bulletin boards, forums, member messages, member comments and chat rooms which allow you and other users to post information, provide feedback to The WinLoser and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. Any content posted in the member messages as a casting or otherwise is done solely by the user, and is the full responsibility of the user and any and all recipients.
No member's e-mail address is made public through the member emails, if an e-mail is posted in the member message it is done so without the approval of The WinLoser and against the messaging policies. Any acceptance, correspondence or agreement is solely the user's and recipient's responsibility. The WinLoser nor its subsidiaries, divisions, affiliates, agents, representatives or licensors make no representation as to the legitimacy of any agency and they shall not be liable to anyone for any loss, injury, direct or indirect, incidental, consequential, special, punitive, or similar damages arising from information received or sent, either directly or indirectly through the member messages. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way.
You will be responsible for, and indemnify and hold harmless The WinLoser, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although The WinLoser and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither The WinLoser nor its affiliates is under any obligation to do so. The WinLoser reserves the right to change or modify portfolio information or message board postings as needed and without notice. You acknowledge that The WinLoser and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. The WinLoser and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links,, email addresses, images, and content submitted to, or posted on the chat rooms, bulletin boards, or portfolios. The WinLoser and its affiliates reserve the right, in their sole discretion, to deny access to the e-mail systems provided for general community use.
The WinLoser has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the site. Your use of the Service and the Sites is at your own risk. NEITHER The WinLoser NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST The WinLoser AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREOF. DUE TO THE INSTANT-ACCESS NATURE OF THE WINLOSER.COM WEB SITE AND SERVICE, The WinLoser WILL NOT BE RESPONSIBLE FOR REFUNDING ANY PAYMENTS OR WITHDRAWS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST The WinLoser AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS FOR PAYMENTS AND/OR COMPENSATION CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREOF.
Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant The WinLoser and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
The WinLoser and its affiliates do not review or monitor any web sites linked to the Service or from personal portfolios on this site. When clicking links to personal pages from The WinLoser all users of the system acknowledge that The WinLoser is not responsible for the accuracy or content of those links. You agree to not post URLs and other web links in any form, into your personal home page section, or the main portfolio page as links or text, that lead to ADULT SITES or Pay Sites. The WinLoser reserves the right to remove from its sites any references or portfolios containing Adult Sites or Pay Sites without notice. Additionally certain links to sites, as determined from time to time by The WinLoser, or the use of links and web addresses, or the use of html formatting and scripting in certain portfolio types as determined by The WinLoser, may not be permitted within the portfolio or as an acceptable use of the personal home page link or as portfolio content.
The WinLoser is under no obligation to provide exposure to competing sites through links or other methods in portfolio and may remove those at its discretion, and without notice. The WinLoser referral system is intended for work related offers and general inquires related to or leading to work or further discovery. Promotion of services and goods is not an appropriate use of the referral system. The WinLoser permits one main member portfolio per person.
It is against The WinLoser policy to allow competitor portfolio sites to solicit The WinLoser members from an account at The WinLoser. Any competing portfolio site or online agency site that signs up at WinLoser.com for either a free member account or a paid upgraded account, and then actively solicits The WinLoser VIP Profile Page members to join their competing website or online agency, could have their account deactivated at The WinLoser discretion, and without refund.
The WinLoser has a stated policy regarding the posting of sexually explicit images to its web pages. Photos of children that are deemed sexual in nature will not be permitted on this site. Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member portfolio. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and in gross violations may result in the removal of your portfolio.
The WinLoser does not support bandwidth theft, the linking of images from The WinLoser to other sites, or the misuse of links from Other sites to The WinLoser. Anyone found linking images from The WinLoser to other sites, copying content from The WinLoser, or inappropriately linking to The WinLoser (to increase their views - through use of hidden frames, or using programs to artificially raise page views, etc.) will result in permanent REMOVAL from The WinLoser without notification and may necessitate the notification of the appropriate State and/or Federal authorities.
You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster.
As a member of The WinLoser VIP Club- you will receive regular email updates and will be contacted by other system members seeking to work with you, and you will receive occasional email from the The WinLoser. As new features or member programs and promotions are developed and launched you will be informed via the postings to the site and also by email. We endeavor to limit email contact as much as possible from the system administrators, however when email is sent and returned with an email bad address, we will attempt to locate a correct address from any linked web site, and failing that your portfolio will be disabled (if you discover your portfolio has been disabled because of bad contact information, please contact us with the correct information and we will re-activate your portfolio.)
This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, International laws. By your usage of, or your posting to, this site constitutes your agreement to, but not limited to, the current conditions listed in this agreement.
Violation of these Terms and Conditions will cause your membership to be terminated without a refund.
CANCELLATION POLICY:
30 days free with a WinLoser of the Year Contest Entry:
VIP Club offers a 30-day trial membership with your WinLoser of the Year Contest entry. Upgrades from free accounts do not qualify for the free 30-day trial, only those who enter The WinLoser of the Year Contest. Every time you enter the contest, you will receive another $9.95 credit for your VIP Club account. If you do not cancel your VIP Club membership before the 30 days are up, you will be charged for the next month. Cancellations must be requested before the end of each billing cycle or account will be charged for the next month. Each paid contest entry will extend your monthly VIP Club membership by one (1) additional month! That's a $9.95 value! Offer is subject to change at any time. Not to be combined with a coupon
Cancel before the next billing period and you won't be charged again.
If you cancel by the next billing period you won't be charged again for the next month or any charges thereafter. During the month that you cancel there will be no refunds for that current month, but you will not be billed starting the beginning of the next month's billing period. Your account will stay active until the end of the next billing period. In order to treat everyone equally, no exceptions will be made.
How do I cancel my account?
You can cancel your VIP Club membership at any time by visiting the Request Cancellation Page linked from the VIP Member homepage. For your protection, we verify account ownership before termination of your account