MODELS.com Terms of Service Agreement

MODELS.com Terms of Service Agreement

Welcome to MODELS.com. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH MODELS.com OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 13 years old to become a MODELS.com member and/or use any MODELS.com services. In addition, before you can become a MODELS.com member and/or use the MODELS.com Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.

If you want to become a MODELS.com member, please review this Terms of Service Agreement. By registering to become a MODELS.com member, clicking on the "I Agree" button and/or otherwise using the MODELS.com 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 October 12, 2005.

1. DESCRIPTION OF SERVICE

MODELS.com provides a variety of free and paying online services including but not limited to email, home pages, professional directories, online portfolios, bulletin boards and discussion groups accessible through various URL's including but not limited to http://MODELS.com and its affiliate sites ("MODELS.com Web Site","this Web Site","MODELS.com resources","services"). These services are usable by all registered users and may be viewed by non-registered users, with the exception of the paying services that are limited to paying members only but may be viewed by non-registered users. Modeling agency scouts using the MODELS.com Agency Services (hereinafter "Professional Members") may also be able to view your online portfolio.

MODELS.com is not a Talent Agency. MODELS.com does not represent you or its members as an agent, manager or otherwise. By paying the applicable membership fee, you are paying for the right to post your online Portfolio on MODELS.com and access various MODELS.com paying member-only services. Your MODELS.com portfolio may be seen by Professional Members who use MODELS.com's services. Professional Members who use MODELS.com's services may be charged a commission or fee related to their use of the MODELS.com service but MODELS.com members are not charged any commission or fee related to their employment received from Professional Members through MODELS.com. MODELS.com does not offer services directly related to any member's future employment, and MODELS.com does not take any commissions or other fees from its members in connection with any employment a member might obtain. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you secure work and/or are contacted by a Professional Member.

2. REGISTRATION OBLIGATIONS

In order to use MODELS.com's resources, you must obtain access to the world wide web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web.

By using any of MODELS.com'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) maintain and promptly update the registration data to keep it true, accurate, current and complete. MODELS.com has the right to suspend or terminate your account if you violate the above or MODELS.com has reason to believe that you have violated the above.

3. AGE REQUIREMENT

MODELS.com does not permit children under the age of 13 to become members, post home pages or web sites or online portfolios or obtain chat rooms and email accounts on our service without their parents permission. In addition, before you can become a MODELS.com member and/or use the MODELS.com Web site 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 MODELS.com's policy to respect the privacy of its members. MODELS.com will not monitor, edit, or disclose any personal information about you or your MODELS.com account, including its contents, without your prior permission unless MODELS.com 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 MODELS.com; 3) enforce the TOS; or 4) act to protect the interest of its members or others. MODELS.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.

However, you agree that MODELS.com may access your account, including its contents, as stated above or to respond to service or technical issues.

5. MEMBER CONDUCT

You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not MODELS.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of MODELS.com's services. MODELS.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by MODELS.com's members or visitors do not necessarily represent those of MODELS.com.

MODELS.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, MODELS.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS and/or for violation of the forum rules posted in the member forums.

You agree to notify MODELS.com immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on MODELS.com's site:

(a) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;

(b) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. MODELS.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;

(c) the harming of minors in any way;

(d) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through MODELS.com's services or develop restricted or password-only access pages, or hidden pages or images;

(e) the uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

(f) intentionally or unintentionally violating any applicable local, state, national or international law;

(g) the collection or storage of personal data about other users;

(h) impersonating any person or entity, including but not limited to, a MODELS.com official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;

(i) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;

(k) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

(l) using your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond MODELS.com and its affiliates;

(m) having multiple MODELS.com portfolios with different names or innacurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio (living individual seeking modeling employment on a full-time or part-time basis on his or her own behalf).

(n) the selling or placement of advertising on your MODELS.com home page or portfolio page to anyone or any commercial third party;

(o) using the MODELS.com forums, email or any other means, except if explicitly authorized in writing by MODELS.com, to contact MODELS.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;

(p) taking any action which imposes an unreasonable or disproportionately large load on the MODELS.com Web Site's infrastructure;

(q) if you have a password allowing access to a non-public area of the MODELS.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(r) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the MODELS.com Web Site other than the search engine and search agents available from MODELS.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or

(s) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the MODELS.com Web Site.

6. CONTENT SUBMITTED TO MODELS.com

MODELS.com does not claim ownership of the Content you place on your MODELS.com Portfolio or in other sections of the MODELS.com Site. By submitting Content to MODELS.com for inclusion on your MODELS.com Portfolio or in other sections of the MODELS.com Site, you grant MODELS.com 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 MODELS.com Portfolio and/or the MODELS.com section your portfolio is listed in and/or your content on MODELS.com's Internet properties. This license exists for as long as you continue to be a MODELS.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from MODELS.com 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 MODELS.com and its services will comply with this Terms of Service Agreement without violating the rights of others.

7. CHARGES AND BILLING

At registration time and until you receive notice from MODELS.com of any changes to its fees or billing methods, you will be subject to the fees and billing methods set forth for the membership subscription type you select during the online registration process and/or in the materials presented to you in connection with any offline registration process and/or set forth in this Terms of Service Agreement. MODELS.com reserves the right to change its fees or billing methods at any time, in case MODELS.com changes its fees or billing methods notice will be provided at least thirty (30) days in advance by email and/or by posting a notice on the MODELS.com Web site. Changes to MODELS.com fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for.

MODELS.com members can pay for their memberships by credit card, cashiers or personal check, money order or using PayPal. If you pay by credit card and select to have your membership automatically renewed in your account preferences or during registration, your membership will automatically be renewed on the day before its expiration date, and credit cards are automatically billed, on a yearly or monthly basis according to the applicable membership subscription type you selected at registration time, until such membership is terminated. If you do not select to have your membership automatically renewed in your account preferences or during registration you will not billed or charged for renewal and your account will automatically expire on its expiration date. If you pay by other means you will be invoiced on a yearly basis until your membership is terminated. In addition, every time you use MODELS.com's services or Web site, you reaffirm that MODELS.com is authorized to charge your credit card or bill you (even though such use is not a pre-condition to MODELS.com's authorization to do so.) You are also responsible and liable for any fees, including attorney and collection fees that MODELS.com may incur in its effort to collect any remaining or unpaid balances from you.

You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members, or your family or friends.

You also agree that you will be billed for an will pay any outstanding balances if you cancel your membership or your membership is terminated. You should let MODELS.com know about any billing problems or discrepancies within sixty (60) days after they first appear on your account statement. If you do not bring such problems to MODELS.com's attention within sixty (60) days, you agree that you waive your right to dispute any outstanding balance or payment.

In addition, items other than subscription fees may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or other terms will, however, be described in connection with the product, service, or other offerings to which such charges, fees, and/or terms relate.

You can update or correct your contact and billing information at any time. Just as you want to make sure that information MODELS.com has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to 'Edit Account' at http://my.models.com to make the necessary changes.

8. NO SPAM:DAMAGES

MODELS.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay MODELS.com liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your MODELS.com account, or MODELS.com's actual damages, whichever is greater.

9. SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. INDEMNIFICATION

You agree to indemnify and hold MODELS.com, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

12. STORAGE

Currently, each MODELS.com free email address allows particular individuals to have 5MB of disk space for email. MODELS.com reserves the right to amend or modify this provision in the future.

13. NO GUARANTEE OF SERVICE

MODELS.com provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically MODELS.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that MODELS.com should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

14. ADVERTISEMENTS AND PROMOTIONS

MODELS.com runs advertisements and promotions on MODELS.com sites. By creating your MODELS.com site, you agree that MODELS.com 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, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that MODELS.com 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.

15. LINKS

Links to the World Wide Web and other resources may be available through MODELS.com's services. Because MODELS.com has no control over such sites and resources, you acknowledge and agree that MODELS.com is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that MODELS.com is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

16. DISCLAIMER OF WARRANTIES

a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. MODELS.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. MODELS.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER MODELS.com NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

(b) MODELS.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. MODELS.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

17. LIMITATION OF LIAIBILITY

UNDER NO CIRCUMSTANCES SHALL MODELS.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. MODELS.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON MODELS.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. MODELS.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE MODELS.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. MODELS.com DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF MODELS.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MODELS.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF MODELS.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF MODELS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

19. TERM, TERMINATION AND CANCELLATION

The Term of your Membership begins on the date you register as a Member of MODELS.com (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the MODELS.com database) and will continue on a yearly or monthly 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 MODELS.com pursuant to this Terms of Service Agreement.

You can cancel your Membership at any time by delivering thirty (30) days notice to MODELS.com via E-mail sent to: unsubscribe@models.com or by mail addressed to: MODELS.com, Attn. Customer Relations, 1133 Broadway, suite 221, New York, NY 10010. Write "Membership Cancellation" on the envelope to speed up processing of your request. You can also cancel onscreen by going to 'Edit Account > Cancel Membership' at http://my.models.com. 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 or monthly 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 MODELS.com. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreemet or MODELS.com's enforcement or application of this Terms of Service Agreemet; (ii) any policy or practice of MODELS.com, including MODELS.com's Content Guidelines and the MODELS.com's Privacy Policy, or MODELS.com's enforcement or application of these policies; (iii) the content available on MODELS.com or the Internet or any change in content provided through MODELS.com; or (iv) your ability to access and/or use MODELS.com and its services.

20. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

21. GENERAL INFORMATION

This TOS constitutes the entire agreement between you and MODELS.com, Inc. and governs your use of the service, superseding any prior agreements between you and MODELS.com (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and MODELS.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MODELS.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York.

The failure of MODELS.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS

Please report any violations of the TOS to MODELS.com, Inc. at:

MODELS.com, Inc.
161 West 23rd Street, 2nd Fl.
New York, New York 10011
USA
Tel: (646) 638-3901
Fax: (646) 349-1700

or via email at feedback@MODELS.com