ModelService.com Terms and Conditions
Welcome to ModelService.com. The following explains the terms under which ModelService.com offers its members access to its services. You can be any age to become a member of ModelService.com and/or use any ModelService.com services. However, if you are under 18 years of age, you must obtain parent or guardians permission.
If you want to become a ModelService.com member, please review these Terms and Conditions. By registering to become a ModelService.com member, clicking on the "I Agree" button and/or otherwise using the ModelService.com Web site you agree to the terms, conditions, notices, and guidelines contained in this Terms and Conditions 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 August 9, 2003.
1. DESCRIPTION OF SERVICE
ModelService.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://ModelService.com and its affiliate sites ("ModelService.com Web Site","this Web Site","ModelService.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 ModelService.com (hereinafter "Professional Members") may also be able to view your online portfolio.
ModelService.com is not a Talent Agency. ModelService.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 ModelService.com and access various ModelService.com paying member-only services. Your ModelService.com portfolio may be seen by Professional Members who use ModelService.com's services. Professional Members who use ModelService.com's services may be charged a commission or fee related to their use of the ModelService.com service but ModelService.com members are not charged any commission or fee related to their employment received from Professional Members through ModelService.com. ModelService.com does not offer services directly related to any member's future employment, and ModelService.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 ModelService.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 ModelService.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. ModelService.com has the right to suspend or terminate your account if you violate the above or ModelService.com has reason to believe that you have violated the above.
3. AGE REQUIREMENT
Parents permissions is required for all under the age of 18 to become a member, post home pages or websites or online portfolios or obtain chat rooms and email accounts on our service.
4. MEMBER PRIVACY
It is ModelService.com's policy to respect the privacy of its members. ModelService.com will not monitor, edit, or disclose any personal information about you or your ModelService.com account, including its contents, without your prior permission unless ModelService.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 ModelService.com; 3) enforce the TOS; or 4) act to protect the interest of its members or others. ModelService.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
However, you agree that ModelService.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 ModelService.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of ModelService.com's services. ModelService.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 ModelService.com's members or visitors do not necessarily represent those of ModelService.com.
ModelService.com reserves the right to modify or remove anything submitted to its service and to cancel any membership, at any time, for any reason and without prior notice. In addition, ModelService.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.
You agree to notify ModelService.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 ModelService.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. ModelService.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 ModelService.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 ModelService.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 ModelService.com and its affiliates;
(m) having multiple ModelService.com portfolios with different names or inaccurate 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 ModelService.com home page or portfolio page to anyone or any commercial third party;
(o) using the ModelService.com forums, email or any other means, except if explicitly authorized in writing by ModelService.com, to contact ModelService.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 ModelService.com Web Site's infrastructure;
(q) if you have a password allowing access to a non-public area of the ModelService.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 ModelService.com Web Site other than the search engine and search agents available from ModelService.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, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the ModelService.com Web Site.
6. CONTENT SUBMITTED TO ModelService.com
ModelService.com does not claim ownership of the Content you place on your ModelService.com Portfolio or in other sections of the ModelService.com Site. By submitting Content to ModelService.com for inclusion on your ModelService.com Portfolio or in other sections of the ModelService.com Site, you grant ModelService.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 ModelService.com Portfolio and/or your content on ModelService.com's Internet properties. This license exists for as long as you continue to be a ModelService.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from ModelService.com of the removal of your content. You also represent that you have full power and authority to comply with this Terms and Conditions without violating the rights of others and agree that your use of ModelService.com and its services will comply with this Terms and Conditions without violating the rights of others.
7. CHARGES AND BILLING
At registration time and until you receive notice from ModelService.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 and Conditions. ModelService.com reserves the right to change its fees or billing methods at any time, in case ModelService.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 ModelService.com Web site. Changes to ModelService.com fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for.
ModelService.com members can pay for their memberships by credit card, cashiers or personal check, or money order. If you pay by credit card, your membership will automatically be renewed, and credit cards are automatically billed, on a yearly basis according to the applicable membership subscription type you selected at registration time, until such membership is terminated. 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 ModelService.com's services or Web site, you reaffirm that ModelService.com is authorized to charge your credit card or bill you (even though such use is not a pre-condition to ModelService.com's authorization to do so.) You are also responsible and liable for any fees, including attorney and collection fees that ModelService.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 ModelService.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 ModelService.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.
8. NO SPAM: DAMAGES
ModelService.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 ModelService.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 ModelService.com account, or ModelService.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 ModelService.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
ModelService.com reserves the right to amend or modify the disk space allocated to each member for online portfolio, email, or website.
13. NO GUARANTEE OF SERVICE
ModelService.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 ModelService.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 ModelService.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
ModelService.com runs advertisements and promotions on ModelService.com sites. By creating your ModelService.com site, you agree that ModelService.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 ModelService.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 ModelService.com's services. Because ModelService.com has no control over such sites and resources, you acknowledge and agree that ModelService.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 ModelService.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. ModelService.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. ModelService.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 ModelService.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) ModelService.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. ModelService.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 LIABILITY
UNDER NO CIRCUMSTANCES SHALL ModelService.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. ModelService.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON ModelService.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. ModelService.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE ModelService.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. ModelService.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 ModelService.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ModelService.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF ModelService.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF ModelService.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 ModelService.com (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the ModelService.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 ModelService.com pursuant to this Terms and Conditions.
You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with ModelService.com. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms and Conditions or ModelService.com's enforcement or application of this Terms and Conditions; (ii) any policy or practice of ModelService.com, including ModelService.com's Content Guidelines and the ModelService.com's Privacy Policy, or ModelService.com's enforcement or application of these policies; (iii) the content available on ModelService.com or the Internet or any change in content provided through ModelService.com; or (iv) your ability to access and/or use ModelService.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 ModelService.com, Inc. and governs your use of the service, superseding any prior agreements between you and ModelService.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 ModelService.com shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and ModelService.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New Jersey, State of New Jersey.
The failure of ModelService.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 ModelService.com, LLC. at:
ModelService.com, LLC.
1059 Main Ave.
Clifton, NJ 07011
USA
Tel: (973) 777-3113
Fax: (501) 423-2554
or via email at info@ModelService.com