Terms and Conditions
These terms and conditions (“Terms”) are between F.A.I.T.H. Productions, Inc (Parent Company), Progue Fashion clothing Brand, and Epitome Productions, and the person or entity (“you” or “Customer”) using F.A.I.T.H. Productions website, which includes Progue Fashion brand and Epitome Productions brand, including, but not limited to our websites, products, and services (the “Platform”). By using the Site, you agree to be bound by these Terms. If you do not agree to the Terms, do not use this Site. These Terms are subject to change at any time; therefore, we encourage you to periodically review the Terms to ensure that you are aware of any changes. By continuing to use the Site after the Terms are updated, you agree to be bound by the most current version of the Terms.
A. ELIGIBILITY
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Section 1.1
Eligibility
. You must be at least 18 years old to use our website/services and assume the
obligations
set forth in these Terms.
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Section 1.2
Registration as a Condition to Use
. Only registered users (each, a “User”) may use the
Website/Platform: By using the Website/Platform, you warrant that you are a User. As a User, you shall not allow
third parties to access the Website/Platform, using your account, and you are personally responsible for
any use of the Website/Platform through your account, whether by you or a third party.
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1.3
Acting on Behalf of Third Parties
. If you are using the Platform on behalf of a corporation or entity that
you represent, you warrant that such person has agreed to be bound by these Terms.
You agree that if you fail to properly obtain such person’s consent to be bound by these Terms,
you will bear all responsibilities and liabilities of such person.
You agree to represent the inventory within F.A.I.T.H. Productions, Inc., Progue Fashion and Epitome Productions’, and not your own (or any other completely white-labeled approach).
2. THE PLATFORM
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2.1
Description
Our Platform, including our Website consists of Production Material, including, but not limited to your photos, videos, and our product, including, but not limited to our clothing brand, our accessories, marketing opportunities linked to our brand, including F.A.I.T.H. Productions Brand, Progue Fashion Brand and Epitome Productions Brand, in which you authorize us to showcase, feature you on billboards, in fashion runway shows, on television, including, but not limited to Roku TV, Firestick TV, and online, including, but not limited to Youtube, Facebook, Twitter, Tik Tok, Instagram, Etsy, Reddit, etc.
We use automated tools from Third Party Companies, including, but not limited to Billboard Companies, Companies that make it possible to stream to Roku and Firestick TV, to format and display multimedia content, including, but not limited to text, data, photographs and videos, etc. to format and display multimedia content, including text, data, photographs and videos.
graphics, or other information (“Content”) on digital signs and billboards (“Signs”) to make it possible for you to be featured as a Model, Actor, etc. on our Website/Platform.
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2.2
Target and Budget
Our Website/ Platform allows you to choose a budget for the service you’re interested in due to our built in budgetary settings (“Budgets”) which makes it possible for you to specify by choosing what amount you want to pay for our services such as, but not limited to our billboard services, our production services as a Fashion Model (such as, but not limited to being featured on Roku TV, Firestick TV on our Youtube Platform in Fashion Shows or on our Youtube Podcasts and/or in our Progue Fashion Magazine, including the opportunity to be featured on the Front Cover or directly on the inside of our Magazine.
You understand that you are solely responsible for the Budget you choose and that there are no refunds whatsoever, and we only offer credit (if the reason for a mishap is our responsibility).
You understand that we do not guarantee that a billboard ad will run at the time selected by you and/or discussed between us and you, due to the unpredicatability of billboard ads and due to the nature of the way billboard ads are run (billboard ads are determined by budget) and it is on a first come, first serve basis, and the company/customer who pays the larger sum of money to be featured on a billboard, will be the one featured on that particular billboard, at that particular time, and that could affect you being featured that day and time, resulting in you not being featured at all on that day and time, and we will credit your account and allow you once again an opportunity to be featured on a specific day, however, if after two attempts to be featured on a billboard, and you are not selected/able to be featured, we will choose to feature that same photo in our Progue Fashion Magazine or feature your photo on a Show, on either Roku TV, Fiirestick TV, Youtube, Facebook, Instagram, Instagram (whichever is available). You understand it is at our discretion to feature you on whichever platform is available.
You understand that can include your photo being featured on another billboard.
You understand that we offer opportunity for you to be featured on digital billboards, meaning you will be featured for a usually 8-10 seconds, then a recurring run of that same photo/artwork will be shown within a certain hour or that same day, on that same billboard at least a total of 3 times within an hour or two hour or at least within that same day. You understand that we may decide to run the billboard ad a few more times in addition to the 3 times within that hour or within that day, however, we do not guarantee that.
You understand that whether you’re featured on Roku TV, Firestick TV, on a billboard, on our Youtube Fashion Show,,Youtube Podcast, etc. it is your responsibility to submit a high quality/high resolution photo and or video, filmed/photographed in 4K or at least 1080p, and if your photo or video (you would need to submit a photo for billboard service with the correct dimensions of the billboard. We will provide the dimension/resolution of the billboard in your area or nearest to your area). You would need to submit a high definition video with the correct dimensions to be featured modeling on Roku TV, Firestick TV on Youtube.(depending upon what we’re offering video service for at the time of your submission/purchase). You understand that if your photo or video is not photographed/filmed in at least 1080p, you have an opportunity to submit the correct photo/video within a two week period after paying for a service, including but not limited to being featured on a billboard or on Roku TV, Firestick TV, in Progue Fashion Magazine, including, but not limited to being featured on the cover of Progue Fashion Magazine or the inside pages of Progue Fashion Magazine etc. You understand that if you do not submit up to standard high resolution/high quality photos/videos, you will forfeit your opportunity to be featured on any of our platforms or receive any of our services, and there are no refunds or credits whatsoever. However, we reserve the right to decide if we will at least add your name ONE TIME in the credits of one of our platforms, including, but not limited to our website, a fashion show in a Fashion Show or in Progue Fashion Magazine.
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2.3
Alternative Channels
. You agree that We may display your Content, including but not limited to your Content, your image, your anatomy, your voice, your face, your full body on our platforms, including, but not limited to our Website, Roku TV, Firestick TV, Youtube, Facebook, Instagram, Progue Fashion Magazine, alternative channels, etc. allowing people to see when and where your Content is displayed, featured, shown without any monetary payment from us to you, and without any legal ramification. You agree to allow us to display/feature you perpetually, without any reservations whatsoever, including if there is a disagreement between you and us. You agree to not seek any equitable remedy against us whatsoever.
3. INTELLECTUAL PROPERTY
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3.1 License
. We hereby grant you a worldwide, non-exclusive, revocable, limited, personal, non-sublicenseable and non-transferable license
to use Our Platform (to make payments/purchases) in accordance with these Terms;
provided, however, that you do not (and do not permit anyone else to) copy, modify, use your account, including not to modify text, wording, etc. on our website/platform.
derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code
(unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security
interest in or otherwise transfer any right in such Platform.
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3.2
Publicity
.If you are a company that wants to be featured on a billboard, you (a) authorize us to identify you by name and/or logo as a customer of the
Platform in any format and for marketing purposes or any other purpose that we deem useful, and (b) grant us a limited license to use and display your trademarks and logos for such purpose. You may opt out of this section by submitting a written request to us via email at faith@proguefashion.com, however, we will not be able to provide services to you as a company without your logo, unless you opt in to be featured with our logo displayed instead, and that will require a written email by you to us at faith@proguefashion.com.
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3.3
Customer Data
. You authorize us to retrieve and analyze any and all information about your
use of our Website/ Platform. In so doing, you are deemed to grant us non-exclusive, transferable, sub-licensable, irrevocable,
royalty-free, perpetual, worldwide license to index, catalog, transcribe,
and/or perform other meta-analysis of your Content, and to use or make publicly or privately
available such information as we deem appropriate without any payment or restriction. You also agree to allow us the right
to monitor and review your use of our Website/Platform from time to time, and
to use “cookies”, “log files” and your “browsing data” in accordance with Blip’s Cookie Policy.
4. USE OF WEBSITE
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4.1
Personal Account
. As a User, you will be required to create an account on our website, which will be associated with a username and a password. Your account is for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.
(a) Your account is associated with a username and a password, and you are responsible for
protecting both. If you believe the security of your username, your password, and/or your account has been compromised, you must contact us immediately using the contact information provided in Section 6.10 of these Terms.
(b) When creating an account, you may be asked to provide information such as contact
information and billing information. You warrant that all such information you provide is
complete, accurate, and current and that we may rely on such information.
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4.2
Content
. You retain all rights, title and interest in and to your Content. By submitting Content
for display on the Platform, you agree to the following:
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(a) You are solely responsible for and assume all liability for your Content and bear all risks
and liability associated with using the Platform to display the Content.
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(b) You warrant that the Content does not contain misleading, false, illegal, or inappropriate
information or otherwise violate our design guidelines (the “Design Guidelines,” available at
https://www.blipbillboards.com/billboard design guidelines/).
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(c) You warrant that you own or otherwise control all rights (including but not limited to
copyright and trademark rights) necessary to use the Content and that our display and use of
such Content will not infringe or violate the rights of any third party.
(d) You will inform your photographer or videographer that their name, but not limited to their name, their image, their logo cannot be displayed in any video footage or photos or any marketing material cannot be displayed in your photos or videos submitted to your website/platform for our service for you.
€) You understand that NOTHING and NO-ONE else except you and the background can or should be displayed in any of your artwork for the use of our service, including, but not limited to being featured on a billboard, in our Magazine, on Roku and Firestick Tv, or Youtube. You are not to display no logo or symbols in any part of your artwork/photos or videos whatsoever, or we cannot feature you at all. You will not receive a refund whatsoever.
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4.3
Payment and Collections
You are required to pay before service is provided whether you purchase billboard service, to be featured in our Progue Fashion Magazine, to be featured on Roku and Firestick TV, etc.
You are responsible for all taxes and other government charges associated with the display of your Content. Late payments will accrue interest at the lesser of one and one-half percent (1½%) per month or the maximum rate permitted by law. You agree to pay reasonable fees, including attorney fees, that we incur collecting late payments. Payment of fees due hereunder shall not be subject to set off, counterclaim, adjustment, reduction or otherwise by virtue of any actual or potential claim against Blip.
We reserve the right to adjust any credit at our discretion to any of our other services, for example, if you purchase billboard service and are not featured on the billboard due to lack of availability on the billboard, we may choose to feature you in our Progue Fashion Magazine or on any other our other services instead.
We aim to feature you on a billboard near your area, however, you are able to choose a billboard city/town nearest to your area. We cannot guarantee a specific billboard will be available.
4.4
External Destinations
. You are solely responsible to take your own photos of yourself or someone you pay to be featured on a billboard. We are not responsible to demonstrate that you or anyone was featured on a billboard by taking photos/videos of you or that person who was featured on the billboard.
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4.5
Other Policies and Guidelines
. Your use of submitting to be featured by us, including being featured on a billboard, in our Magazine, Progue Fashion, on Roku TV, on Firestick TV, on social media, etc. is subject to the Design Guidelines
and any other policies and guidelines that we may put in place. We reserve the right to augment
or modify such policies and guidelines at any time.
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4.6
Removal of Content
. We may remove Content at any time if we, in our sole discretion,
determine that such content violates the Design Guidelines, is illegal or is otherwise offensive to
the moral standards of the community. We believe that our medium is an outlet for free speech;
however we balance that
role with a strong commitment to adhere to community standards and to
ensure that the messages placed on our inventory are not offensive towards any business, group
or individual. We carefully evaluate all requests for advertising placement on a case-by-case
basis and make the best decision for our clients, our company and the communities in which we
operate. DISPLAYED CONTENT; OUTAGES AND INTERRUPTIONS
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4.7
Outages
. Billboard Signs are subject to various outages which may restrict our ability to display, edit, or
remove Content. If such outages occur, you will only be billed for presentations of your C
ontent
on a Sign, consistent with your Targets and Budgets. You acknowledge that during an outage,
the ability to edit, delete, or otherwise change any Content that is already in a Sign’s schedule
may be delayed for an undefined period of time, and you agree that the unmodified Content may
continue to be displayed on the Sign until the outage is resolved.
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4.9
Partial Display Failures
. Billboard Signs are subject to various software, hardware, and environmental
conditions which may cause Content to be only
partially displayed or partially visible on the Sign
(a “Partial Display Failure”). At our sole discretion, we may determine that a Partial Display
Failure has reduced the value of the presentation of your Content and may, at our sole discretion,
reduce the fees associated with such presentation or waive them entirely.
5. WARRANTIES, DISCLAIMERS, AND LIABILITY
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5.1
General Disclaimers
. We have no fiduciary duty to you. You alone are responsible for your
use of the Platform and the consequences thereof.
WE PROVIDE OUR WEBSITE/ PLATFORM “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WHETHER ORAL OR
WRITTEN, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE
OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, US AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS
AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) OUR WEBSITE/PLATFORM WILL BE
SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR
ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE
AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET
YOUR REQUIREMENTS. YOU USE THE PLATFORM SOLELY AT YOUR
OWN RISK.
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5.2
Indemnification
. You agree to indemnify, defend and hold harmless F.A.I.T.H. Productions, Inc, Progue Fashion and Epitome Productions, its subsidiary and each officer, director, employee, agent, and related third
parties, for any losses, costs, liabilities and expenses (
including reasonable attorneys’ fees)
relating to or arising out of any third-party claim related to (a) your use of or inability to use the
Platform; (b) your Content; (c) your violation of these Terms or your violation of any rights of a
third party; (d)
your violation of any applicable laws, rules or regulations; or (e) the unauthorized
or unlawful use of the Platform by any person using your account. We reserve the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with us in asserting any available
defenses.
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5.3
Limitation of Liability
.
PARTY
CONTRACTORS, SUPPLIERS AND LICENSORS (OUR COMPANIES COLLECTIVELY THE “
LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR
INCURRED IN ANY CONNECTION WITH THE USE OF OUR WEBSITE/PLATFORM OR ANY INABILITY TO
USE OUR WEBSITE/PLATFORM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR
DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE
PLATFORM,
OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF
RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF
AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE
OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER)
HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND
WHETHER OR NOT FORESEEABLE, EVEN IF OUR PARTIES OR ANY OF THEM HAS
BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE
POTENTIAL FOR SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms, our companies, collectively should have any liability
to you or any third party for any loss, harm or damage, both Parties agree that such liability shall
under no circumstances exceed $50.00. The terms and conditions of these Terms that limit
liability reflect an agreed allocation of risk between you and Blip. Some jurisdictions may not allow
the exclusion or limitation of certain damages, or limits on the duration or voiding of implied
warranties or conditions; as it relates to consumer purchasers and in such jurisdictions, the limits
and exclusions herein may not apply to the extent provided by applicable law.
6. MISCELLANEOUS PROVISIONS
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6.1
Term and Termination
. These Terms will become effective upon your acceptance thereof, as
indicated by your use of the Website/Platform and will remain in effect in perpetuity unless you end the service after fulfilling your obligation for the service you purchased.
You understand that if you purchase clothing from our website/brand, “Progue Fashion”, there are no refunds only exchanges for the value paid (not necessarily for the same, exact item) and shipping can take up to 4-8 weeks due to our Manufacturing Partners being abroad.
Hereunder. We receive the right to remove you from our website/platform and not allow you on our website/platform at all, anymore, due to, but not limited to flagrant behavior, etc.
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6.2
Notice
. We may give any notice required or permitted to be given in writing here under via
email. Such notice will be effective immediately.
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6.3
Entire
Agreement; Amendment
. These Terms and any documents incorporated herein
constitute the entire agreement between you and us with respect to the subject matter hereof. We
reserve the right to amend the provisions of these Terms at any time.
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6.4
Governing Law; Venue
.
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW
OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE
A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
These Terms will be governed and construed under the laws of the State of Illinois. All disputes and/or legal proceedings related to these Terms
will be maintained in courts located in Chicago, Illinois.
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6.5
Waiver/Severability
If any part of these Terms of Agreement are deemed in a court of law or through Arbitration as Non Contractual, the remaining portion shall and will remain contractual.
6.6
Assignment
. We may assign these Terms, in whole or in part, in our sole discretion. You may
not assign your rights under these Terms without our prior written permission. Any attempt to
assign your rights under these Terms without our permission shall be void.
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6.7
Force Majeure
. We shall not be liable for any failure or unavailability of the Platform or our
failure to provide the Platform as a result of strikes, lockouts, calamities, acts of God,
unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage
media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or
military authority, war, terrorism or any other event beyond our control.
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6.8
Headings
.
The headings of articles and sections contained in these Terms are for reference
purposes only and shall not affect in any way the meaning or interpretation of these Terms.
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6.9
Electronic Documents
. This electronic document, and all other
electronic documents referred
to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and
to comply with all statutory, contractual, and other legal requirements for (a) writing; and (b) legally
enforceable as a sig
ned agreement. A printed version of these Terms and any notice given in
electronic form shall be admissible in judicial proceedings or administrative proceedings based
upon or relating to these Terms to the same extent and subject to the same conditions as
other
business documents and records originally generated and maintained in printed form.
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6.10
Questions and Complaints
. Please direct all questions, complaints, or claims with respect to the Platform to the following:
F.A.I.T.H. Productions Inc./Progue Fashion, Inc.
551 W. Elm Street #505
Chicago, Illinois, 60610
faith@proguefashion.com
Last Updated: December 21, 2024