TERMS OF SERVICE AGREEMENT

Welcome to Brown Hype. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH BROWN HYPE OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 13 years old to become a Brown Hype model and/or use any Brown Hype services. In addition, before you can become a Brown Hype model if you are a baby/toddler under age 13, between ages 13 to 17, inclusive, you must obtain permission from your parent or guardian.  Your parent or guardian must be present with you at your photo shoot.

If you want to become a Brown Hype model, please review this Terms of Service Agreement. By registering to become a Brown Hype model, clicking on the "Submit Registration" button and/or otherwise using the Brown Hype Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian.

Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on May 1, 2007.

1. DESCRIPTION OF SERVICE

Your Brown Hype online portfolio may be seen by professional model agency scouts who use Brown Hype's services.  Fashion Shows, Talent Shows, and Calendars will be created using Brown Hype models to participate without consent unless you are under 18 years of age. Registration fees may apply. Jobs are not guaranteed as Brown Hype is not a modeling agency.

2. REGISTRATION OBLIGATIONS

By using any of Brown Hype's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and (b) promptly update the registration data to keep it true, accurate, current and complete.  Brown Hype has the right to not use your photographs or terminate you if you violate the above or Brown Hype has reason to believe that you have violated the above.

3. AGE REQUIREMENT

Brown Hype does not permit children under the age of 13 without their parents permission. In addition, before you can become a Brown Hype model if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.

4. MEMBER PRIVACY

It is Brown Hype's policy to respect the privacy of its models. Brown Hype will not edit or disclose any personal information about you, without your prior permission unless Brown Hype has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of Brown Hype; 3) act to protect the interest of its members or others. Brown Hype does provide certain member information in aggregate form to third parties, including its advertisers, for demographics.

However, you agree that Brown Hype may access your member information, including its contents, as stated above or to respond to service or technical issues.

5. CONTENT SUBMITTED TO BROWN HYPE

Brown Hype does not claim ownership of the Content you place in your Brown Hype Portfolio. By submitting Content to Brown Hype for inclusion on your Brown Hype Portfolio, you grant Brown Hype the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Brown Hype Portfolio and/or the Brown Hype section your portfolio is listed in.  This license exists for as long as you continue to be apart Brown Hype and shall be terminated when you request from us by email that your content be removed and you have received confirmation from Brown Hype of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of Brown Hype and its services will comply with this Terms of Service Agreement without violating the rights of others.

6. CHARGES AND BILLING

There will be no charge to the models for Brown Hype Photo Shoots; Brown Hype Fashion Shows; Brown Hype Magazine.  Charges billed to you will be for the actual purchase of your portfolio or prints if you so request it.

7. ADVERTISEMENTS AND PROMOTIONS

Brown Hype runs advertisements and promotions. By conducting a photo shoot with Brown Hype, you agree that Brown Hype has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, and delivery of related goods or services are solely between you and the advertiser. You agree that Brown Hype should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

8. TERM, TERMINATION AND CANCELLATION

The term of your Membership begins on the date you register with Brown Hype (i.e., the date your contact information (name, address, email address etc.) is entered into the Brown Hype database) and will continue on a yearly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise canceled by Brown Hype pursuant to this Terms of Service Agreement.

You can cancel your Membership at any time by delivering thirty (30) days notice to Brown Hype via email sent to: admin@brownhype.com or by mail addressed to: Brown Hype, 2141 Kipling Avenue, Suite 208, Toronto, ON  M9W 4K8. Write "Membership Cancellation" on the envelope to speed up processing of your request.  You are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation and for all Membership or subscription fees payable through the natural expiration of your Membership (i.e., through the next annual renewal date as applicable).

You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with Brown Hype. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreement or Brown Hype's enforcement or application of this Terms of Service Agreement; (ii) any policy or practice of Brown Hype, including BrownHype.com's Content Guidelines, or Brown Hype's enforcement or application of these policies.