Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Jaime Boy Entertainment Inc. ("Jaime Boy Entertainment", "we", "us" or "our"). They govern your access to and use of our website, the applications and other material you submit through it, and your communications with us (together, the "Services").

Please read them carefully. By using the Services, or by confirming your agreement when you submit an application, you accept these Terms and acknowledge our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Services.

1. Who can use the Services

You may use the Services only if you are able to form a binding contract with us. If you are under the age of majority where you live, you may use the Services, and apply to take part in a production, only with the consent and involvement of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Services.

If you use the Services on behalf of a company, label, venue or other organization, you confirm that you have the authority to bind it to these Terms, and "you" includes that organization.

2. Changes to these Terms

We may change these Terms from time to time. When we do, we will post the updated Terms on this page and change the "Last updated" date above. Changes take effect when they are posted, and your continued use of the Services after that means you accept them. If a change is material, we will take reasonable steps to let you know. Changes do not apply to an application you submitted before they took effect, unless you agree otherwise.

3. Our website

We may change, suspend or discontinue any part of the website at any time. We work to keep the information on it accurate, but event details, dates, line-ups, credits and other content can change or contain errors, and we do not guarantee that the website will be available, uninterrupted or free of errors.

4. Acceptable use

You agree not to, and not to help or allow anyone else to:

• use the Services in any way that breaks the law or infringes anyone's rights;
• submit false or misleading information, impersonate any person or organization, or apply on someone else's behalf without their authority;
• upload anything unlawful, defamatory, obscene, hateful, harassing or sexually explicit, anything that infringes intellectual property, privacy or publicity rights, or anything that contains malware;
• upload images of anyone under 18 without the consent of their parent or guardian;
• harass, threaten or abuse our team, participants, guests or anyone else you meet through the Services;
• copy, scrape, harvest or collect content or personal information from the Services, including by using robots, spiders or other automated means;
• use any content from the Services to train, fine-tune or build artificial intelligence or machine learning models;
• probe, scan or test the vulnerability of the Services, bypass any security or access control, or access any account or area you are not authorized to use;
• interfere with or disrupt the Services, including by sending spam or automated submissions or by overloading our systems; or
• reverse engineer any part of the Services, except to the extent the law expressly permits.

5. Applications

Applying through our website is free. When you submit an application:

• you confirm that the information you give us is true, accurate and complete, and you agree to tell us if it changes;
• you acknowledge that we review applications at our sole discretion, and that we are not obliged to respond to, accept or select any application, or to explain our decisions;
• you acknowledge that submitting an application, or being selected, does not create an employment, agency, partnership or joint venture relationship between you and us, and does not guarantee any booking, fee, credit or other opportunity;
• you acknowledge that taking part in a production may be subject to a separate written agreement, release or other terms, which will govern if they conflict with these Terms; and
• you agree that we may contact you about your application using the details you provided.

We may reject or remove an application, or withdraw an invitation or offer, if we believe that the information in it is inaccurate, that the applicant is not eligible, or that accepting it would breach these Terms or the law.

6. Your content

You keep ownership of the photographs, lookbooks, text and other material you submit to us ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, store, adapt (for example by resizing images or converting file formats) and display Your Content within our team, and to share it with the collaborators involved in a relevant production, for the purposes of reviewing your application, considering you for current and future productions, and communicating with you. This licence lasts for as long as we hold Your Content and ends when we delete it.

We will not publish Your Content on our website, on social media or anywhere else without your separate permission.

By submitting Your Content, you represent and warrant that:

• you own it, or you have every right, licence and permission needed to submit it and to grant the licence above, including the permission of the photographer and of every person who appears in it (and, for anyone under 18, of their parent or guardian);
• it does not infringe anyone's copyright, trademark, privacy, publicity or other rights; and
• it is not confidential, and we have no duty to keep it confidential except as our Privacy Policy provides.

We may remove, or decline to use, any of Your Content at our discretion. We are not obliged to store or return Your Content, so please keep your own copies.

7. Feedback

If you send us ideas, suggestions or other feedback, we may use them for any purpose without restriction or payment to you.

8. Our intellectual property

The Services and their content, including text, graphics, logos, photographs, video, design and software, are owned by us or by our licensors, such as the photographers and creatives we credit, and are protected by copyright, trademark and other laws. "Jaime Boy Entertainment", the JB monogram and our other names and logos are our trademarks, and you may not use them without our prior written permission.

We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to view the website for your own non-commercial use. You may share links to our pages. Except as the law allows, you may not copy, download, reproduce, modify, distribute, publicly display or create derivative works from any content on the Services without our prior written permission and, where relevant, the permission of the credited creator.

If you took part in a production and would like to use images of yourself or your work in your portfolio, contact us and we will let you know what is possible, subject to the rights of the photographer and of the other people involved.

9. Images, credits and takedown requests

We credit the people who make our work. If you appear in content on our website, have been credited by us, or believe that content on the Services infringes your rights, contact us at [email address to be confirmed] with:

• your name and contact details;
• a description of the content and a link to where it appears;
• what you would like us to do, such as remove the content or correct a credit, and why; and
• if your request concerns copyright, a description of the work you own and a statement that you believe in good faith that its use is not authorized.

We will review every request and respond within a reasonable time. We may remove content at our discretion, including while we look into a request.

10. Events, shows and productions

Our events, shows, shoots and other productions may be subject to separate terms, such as ticket terms, participant agreements, releases and venue rules. If you attend or take part in one, you also agree to the following:

• Photography and filming. Our productions are photographed and filmed, and you may appear in the images and recordings. By attending or taking part, you consent to being photographed, filmed and recorded, and to our use of that material to document and promote our work, as described in our Privacy Policy. You can ask us to remove images of you from the channels we control.
• Conduct. You must follow our instructions, the instructions of venue staff and security, and the venue's rules. We may refuse entry to, or remove, anyone whose conduct we consider unsafe, disruptive, abusive or unlawful.
• Age and alcohol. Some productions are age-restricted. Where alcohol is served, you must be of legal drinking age (19 in Ontario), drink responsibly and carry identification. Anyone under 18 taking part in a production needs the written consent of a parent or guardian.
• Tickets. Tickets bought through a third-party platform are also subject to that platform's terms. Refunds, exchanges and transfers are governed by the applicable ticket terms and by the law.
• Changes and cancellations. We may change the date, time, venue, programme, line-up or other details of a production, or cancel it, including for reasons beyond our control. If a production we organize is cancelled, you are entitled to the remedy set out in the applicable ticket terms or required by law.
• Your belongings. You are responsible for your own belongings. To the extent permitted by law, we are not liable for their loss, theft or damage.
• Health and safety. Productions can involve crowds, loud music, strobe and other lighting effects, performances and physical activity. To the extent permitted by law, you take part at your own risk. You are responsible for deciding whether a production is suitable for you, and for telling us in advance about any accessibility or medical needs we should know about.

11. Team accounts

Access to our internal tools is by invitation only. If we give you an account, you must keep your sign-in details secure and confidential, use the tools only for your work with us, keep confidential all personal and business information you can access through them, and follow our instructions on how to handle it. You are responsible for all activity under your account, and you must tell us immediately if you suspect unauthorized access. We may suspend or remove access at any time.

12. Other websites and services

The Services may link to, or rely on, websites, platforms and services that we do not control, such as Instagram, ticketing platforms and the websites of designers, brands and venues. We are not responsible for their content, availability, terms or privacy practices, and a link does not mean that we endorse them. You use them at your own risk and subject to their terms.

13. Disclaimers

To the maximum extent permitted by law, the Services and all content are provided "as is" and "as available", without warranties, representations or conditions of any kind, whether express, implied or statutory, including any implied warranties or conditions of merchantable quality, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted, secure or free of errors, that content will be accurate or complete, or that defects will be corrected.

Nothing in these Terms excludes or limits any warranty, condition, right or remedy that cannot be excluded or limited under applicable law, including consumer protection law.

14. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill or data, arising out of or relating to the Services or these Terms, even if we were advised of the possibility of those damages; and
• our total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of CAD $100 and the total amount you paid us, if any, in the 12 months before the event giving rise to the claim.

These limits apply whatever the legal basis of the claim, whether contract, tort (including negligence), statute or otherwise. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

15. Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless Jaime Boy Entertainment Inc. and its directors, officers, employees, contractors, agents, collaborators and licensors from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms, Your Content, your violation of any law or of the rights of any third party, or your conduct at any production.

16. Suspension and termination

We may suspend or end your access to the Services, remove Your Content, or decline future applications from you, at any time and with or without notice, if we believe that you have breached these Terms or the law, or to protect our team, participants, guests or the Services. You may stop using the Services at any time, and you may ask us to delete your application as described in our Privacy Policy. Sections 5 to 9, 13 to 15, 17 and 18, and any other provision that by its nature should survive, survive the end of these Terms.

17. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or to the Services, are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. You and we submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, except where applicable consumer protection law gives you the right to bring proceedings where you live.

Before starting any formal proceeding, please contact us at [email address to be confirmed] and describe the issue, so that we can try to resolve it informally. You and we agree to try in good faith to resolve any dispute within 30 days of that notice. Nothing in this section prevents either of us from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

18. General

• Entire agreement. These Terms, our Privacy Policy and any additional terms we give you for a specific production or service form the entire agreement between you and us about their subject matter. If additional terms conflict with these Terms, the additional terms govern for that production or service.
• Severability. If a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the rest of these Terms will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, including as part of a reorganization, merger or sale of our business.
• Events beyond our control. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as severe weather, fire, flood, public health emergencies, labour disputes, venue closures, government action, or failures of utilities, networks or service providers.
• Interpretation. Headings are for convenience only, and "including" means "including without limitation".
• Notices. We may give you notice by email to the address you gave us, or by posting it on the website. You may give us notice by email at [email address to be confirmed].

19. Accessibility

We want our website to be usable by everyone. If you have difficulty accessing any part of it, or need information in another format, contact us at [email address to be confirmed] and we will work with you to provide it.

20. Contact us

If you have any questions about these Terms, contact Jaime Boy Entertainment Inc., Toronto, Ontario, Canada, by email at [email address to be confirmed].