ModelProfiles.Com™ Terms of Service
The following terms and conditions govern all use of the ModelProfiles.Com™ website and all content, services and products available through the website, including, but not limited to, the ModelProfiles.Com™ member area (collectively referred to as the Website).
Description of Service:
ModelProfiles.Com™ is an industry-specific membership based web site intended for models, photographers, producers, etc. to network, communicate and offer assignment based projects. It should not be used for the purposes of employing "Travel Companions", "Personal Assistants", "Executive Assistants", or other full (or part) time companionship or "non-industry" assistant-based work, nor should it be used to attempt to contact models or any website member for employment in ancillary occupations such as bartenders, waitresses, or other skill-specialized industries where modeling or artist work in the entertainment industry is the not primary means of employment.
ModelProfiles.Com™ provides approved members with access to a collection of resources (the "Website"). You understand and agree that the Website is provided "AS-IS" and that ModelProfiles.Com™ assumes no responsibility for the timeliness, deletion, loss, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website.
ModelProfiles.Com™ is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. By applying for access to the Website, you represent and warrant that you are of legal age. Additionally, you agree to provide accurate and complete registration information to become a member of the Website ("Member"). Minors are prohibited from using the Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ModelProfiles.Com™, acceptance is expressly limited to these terms.
Age Restricted Website.
Please be aware that the Website may contain mature content, therefore ModelProfiles.Com™ does not provide on-line access to minor Members (under the age of 16 years of age). Minors must not not submit a profile or any personal information. If you are a parent, legal guardian, or licensed /manager a minor you must ensure you enter and approve all information, and that your email address and contact information is used at all times.
Tips for Parents of Minor Models
Here are some other things you can do to help keep your child safe online:
- Educate your child about the importance of keeping personal information private.
- Discourage your child from giving out personal information such as his/her last name, age, home address, school name, or telephone number without your approval.
- Discourage your child from sharing his/her online passwords with anyone other than you.
- Familiarize yourself with how your child's information is being used online. Read the privacy policies of the websites your child visits regularly.
- Social Networking. Encourage your child to be honest about his/her age when signing up for social networking sites (e.g., Facebook, Twitter, Second Life, and MySpace) or blogs. These sites and services often have minimum age requirements and may not be appropriate for all children.
- Posting Images/Videos. Discourage your child from posting photos or videos online without your approval.
- Inappropriate Messages. Discourage your child from responding to messages that are suggestive, obscene, threatening, or otherwise inappropriate.
- Meeting Strangers. Don't allow your child to arrange a face-to-face meeting with someone he/she met over the Internet without your approval. Remember that people online may not be who they say they are.
- Child Exploitation. If you or your child becomes aware of the transmission of child pornography, report it to the National Center for Missing and Exploited Children at 1-800-843-5678.
Responsibility of Website Visitors.
By operating the Website, ModelProfiles.Com™ does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. ModelProfiles.Com™ disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Responsibility of All Website Members.
The Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. By applying for access to the Website, you represent and warrant that you are of legal age. Additionally, you agree to provide accurate and complete registration information to become a member of the Website ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Website and such accounts will be terminated. Minors are prohibited from using the Website. ModelProfiles.Com™ reserves the right to deny any account application for any reason. Members may only have one account with ModelProfiles.Com™. Opening more than one account will result in the termination of the new account and may also result in the termination of the original account. (One standard account constitutes one non-premium account per person) Previously denied applicants may not reapply for membership to the Website. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without the express written permission of ModelProfiles.Com™, you agree to pay ModelProfiles.Com™ $2,500 per occurrence.
Member Account Security.
You are responsible for maintaining the security of your membership account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify ModelProfiles.Com™ of any unauthorized uses of your account or any other breaches of security. ModelProfiles.Com™ will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to Website.
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that
you will not post or transmit any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable Content of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way.
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
by submitting Content to ModelProfiles.Com™ for inclusion on our Website, you grant ModelProfiles.Com™ a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, ModelProfiles.Com™ has the right (though not the obligation) to, in ModelProfiles.Com™'s sole discretion (i) refuse or remove any content that, in ModelProfiles.Com™'s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ModelProfiles.Com™’s sole discretion. ModelProfiles.Com™ will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Copyright Infringement and DMCA Policy.
As ModelProfiles.Com™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ModelProfiles.Com™ violates your copyright, you are encouraged to notify ModelProfiles.Com™ in accordance with common DMCA policies. ModelProfiles.Com™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ModelProfiles.Com™ or others, ModelProfiles.Com™ may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ModelProfiles.Com™ will have no obligation to provide a refund of any amounts previously paid to ModelProfiles.Com™.
ModelProfiles.Com™ provides message forwarding and web-based email services in addition to an internal email/referral system for communication between members. While we provide these services at no addtional cost to our users, the system is intended for sending specific communications regarding assignments and for communications supporting work between our members. For the safety and convenience of our members, we have instituted as set of rules and guidelines governing the use of this system. All members using the Website email/referral systems should be familiar with these, and links to these rules and guidelines are provided on every outgoing email form.
ModelProfiles.Com™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ModelProfiles.Com™ client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by ModelProfiles.Com™ if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ModelProfiles.Com™'s notice to you thereof; provided that, ModelProfiles.Com™ can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website may offer products and/or services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
ModelProfiles.Com™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ModelProfiles.Com™ may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
The Website is provided "as is". ModelProfiles.Com™ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ModelProfiles.Com™ nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
You agree to indemnify and hold harmless ModelProfiles.Com™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between ModelProfiles.Com™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ModelProfiles.Com™, or by the posting by ModelProfiles.Com™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wake County, North Carolina. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Notes on Agencies & Managers.
In order to help keep ModelProfiles.Com™ a work safe environment, Agencies & Managers must maintain a completed profile, biography, including a minimum of (four) 4 high quality professional photos. A working email address, without auto response or white-list authorization requirements, is required at all times.
Agencies: In the case of companies or individuals located in states which require specific Talent Agency or Private Employment Agency licensing, only ModelProfiles.Com™ approved, fully licensed/bonded agents may control model profiles. Any member listing their business as an agency on the Website is required to provide a copy of their state license or other appropriate documents as required by law.
: "Managed profiles" are accounts in which a model's profile is controlled by a third-party (someone who is not the model). Managed profiles are permitted on the Website under the following circumstances:
A singular model/talent profile that is maintained by the administrative assistant (in many cases a relative) to the model. In such cases, the model is still responsible for the use of the profile, including any actions taken by that assistant.
The profile is maintained by an accredited manager or agent who also has an approved profile on the Website . Such accounts must have a Gold-level or higher subscription.
Managers/Agents who maintain "managed profiles" for models on the Website must keep their management profile in good standing. Removal of the "Main" or Management account may result in the removal of any "managed profile".
Managers/Agents who maintain profiles for models must also have third-party usage rights (in writing from the photographer) to post any photography of that model on the Website .
Managed portfiles that have not been updated in over 1 (one) year are subject to removal from the Website without warning.