Modelling.photos

Last updated: 13-11-2020

Ibby Group Ltd T/A Modelling.photos

(Hereinafter referred to as “the Company”, “We,” “Us”, “Our”)

www.modelling.photos

(Hereinafter referred to as “the Website”)

TERMS AND CONDITIONS

Please read these Terms and Conditions ("Terms") carefully before accessing, browsing, posting, viewing or participating in any Services, uploading or accessing Content, or using the Website. Your access to and use of the Website, our Services and Content is conditioned upon your acceptance of and compliance with these Terms.

These Terms apply to all Visitors, Users, Members, Account holders and all others who access or use the Website, participate in any way in our Services, Community, and Content, or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website or participate in our Community, Services, and Content.

By using any Services and Content in relation to the Company, you acknowledge and agree to be bound by the following terms and conditions which together with all other legal documents of our Website govern the Company’s relationship with all Users and Members in relation to our Website, Services and Content.

Definitions
- The definitions and rules of interpretation in this clause apply in these Terms;

“Business”		means the continual marketing of all relevant goods and services
“Content”		means all immediately available or hosted multimedia on the Website and owned by the Company or respective individual, including, but not limited to photography, designs, images, text and other related items.
“Industry Standard Practice”		the Standard Business Practices within the specific Industry and within the United Kingdom
“Member(s)”		means any entity, including, but not limited to a business or natural person using the Website and holding a valid Account on the Website.
“User”, “User(s)”, “You”, “Your”, “They”, “Their”		means any entity, including, but not limited to a business or natural person whom visits the Website without an Account

2. Scope & Services

2.1. The Website is an online community, service-based platform providing models, photographers, make-up artists, hair stylists, stylists, designers, and other modelling industry professionals to display work, arrange bookings, events, collaborate, communicate and share ideas worldwide.

2.2. The Website is a networking website for connecting individual members for face to face projects and work opportunities.

3. General Use of the Website

3.1. The use of this Website is subject to the following terms;

3.1.1. The Website and all Content provided is for entertainment purposes and general use only.

3.1.2. All information on the Website and Content is subject to change without notice.

3.1.3. The Website uses cookies to monitor browsing preferences.

3.1.3.1. For further detail to see how this affects you, please see our dedicated Privacy, GDPR & Cookie Policy.

3.1.4. Neither we, any Member, nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.

3.1.5. You acknowledge that information and materials on the Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.1.6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

3.1.7. Our Services and Content have not been developed to meet individual requirements and that it is therefore the Users and Members responsibility to ensure that the facilities and functions of the Services to meet your requirements.

3.1.8. This Website contains material which may be either owned by us, the Members or licensed to us or the Members.

3.1.8.1. These material includes, but is not limited to, the Content, Services, audio, visuals, design, layout, look, appearance, graphics, text, information and data.

3.1.8.1.1. Reproduction, copying and sharing in all forms is strictly prohibited other than in accordance with these Terms. (Clause 24). Intellectual Property).

3.1.9. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

3.1.10. From time to time this Website may also include links to other websites. These may come in the form from the Members or the Community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the Content of the linked website(s).

3.1.11. All Content and materials contained within this Website are for general purposes only and all Services should be considered for general purposes only.

3.1.12. All Users and those using the Website agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Content and Service.

4. Accounts

4.1. The Company offers two different types of accounts:

4.1.1. Core Membership Accounts and,

4.1.2. No Portfolio Membership / “Other” Accounts.

4.2. Core Members Membership are:

4.2.1. Suitable for Models, Photographers, Make-up Artists, Hair Stylists, Stylists and Designers,

4.2.2. Intended for individuals looking to connect with other members in order to collaborate on projects together,

4.2.3. Facilitated with the ability to showcase a Member’s work,

4.2.4. Able to utilize private messages, post free casting calls, and otherwise become a fully-fledged member of the community.

4.2.4.1. Core Members Memberships require approved before being fully activated.

4.2.4.2. Core Member Memberships are limited to and shall only be used by the User who created the Account.

4.3. No Portfolio Membership / ”Other” Accounts

4.3.1. No Portfolio Membership are suitable for a wide range of other related ancillary professionals within the industry not listed within the Core Membership Account, including but not limited to:

4.3.1.1. Agents,

4.3.1.2. Companies / Businesses,

4.3.1.3. Photographers,

4.3.1.4. Filmmakers looking to shoot on behalf of third-party businesses,

4.3.1.5. Groups or teams.

4.3.2. No Portfolio/”Other” Memberships are suitable to provide recruiters with the ability to post Casting Calls and to proactively reach out to approved members.

4.3.2.1. No Portfolio/”Other” Memberships are activated immediately, not requiring approval nor are they vetted in any way.

4.4. Only the creator of the Account may use the respective Account.

4.5. Accounts are prohibited from being shared.

4.6. Accounts must be completed with accurate and authentic information.

4.7. The Company may request, at its full direction, proof of identity if the Company has a suspicion of the authenticity or ownership of an Account.

4.8. Account/User type cannot be changed following registration, with the exception that if a user is not approved for a Core Member account they will be given the option to convert their account to an “Other” account.

4.9. Never enter your Website login information at any other site.

4.10. Upon expiration of an Account, the Member will lose all access to paid Services.

4.11. Passwords and login information should always be kept private.

4.11.1. The Company will not be liable for any harm related to disclosure of your Account username or password or the use by anyone else of your username or password.

4.12. You may not use another Member’s Account.

4.13. You will immediately notify us in writing if you discover any unauthorized use of your Account or other Account-related security breach.

4.14. The Company may require you to change your Account username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights.

4.15. The Account is contingent upon the Member agreeing to the following;

4.15.1. That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.

4.15.2. You understand that your Content may be transferred unencrypted and involve;

4.15.2.1. A transmission over various networks and,

4.15.2.2. Changes to conform and adapt to technical requirements of connecting networks or devices.

4.16. All Users must be above the age of 18 (eighteen) years old to register an Account.

4.17. The Member(s) shall;

4.17.1. Adhere to these Terms,

4.17.2. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;

4.17.2.1. Ensure that such information, data and documentation is complete and accurate in all material respects and Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.

4.17.3. Where the Company is required to comply with any third-party website owner's platform selling policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.

4.17.4. You agree not to reproduce, duplicate, copy, sell, resell, exploit or commercial exploit any portion of the Website, the Content on the Website, or Service on the Website, without express written permission by the Company or the relevant Members.

4.17.5. You may not use our Services or Content on the Website for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.

4.17.6. The Member shall promptly notify the Company in writing if they believe, within reason that the Services do not comply with the specification set out on the website.

4.18. Accounts, Subscriptions and Services are not transferable.

5. Membership Package Features & Pricing

5.1. Core Members Membership - Models is available in three categories:

5.2. Bronze Plan:

Portfolio Review Process:	3 Days
Portfolio Images:	20
Conversations Started/Month	3
No. of Members that you Can Message at Once	1
Locations You Can List Your Portfolio In	1
Casting Calls per Week	1
Events per Week	1
Casting Call Messages per Month	5
Position in Search Results:	Third
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery
Cost:		£0.00

5.3. Silver Plan:

Portfolio Review Process:	1 Day
Portfolio Images:	100
Conversations Started/Month	50
No. of Members that you Can Message at Once	5
Locations You Can List Your Portfolio In	2
Casting Calls per Week	5
Events per Week	5
Casting Call Messages per Month	50
Position in Search Results:	Second
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery
Monthly Subscription Cost:		£6.95
6-Monthly Subscription Cost:		£34.75
Annual Subscription Cost:		£69.50

5.4. Gold Plan:

Portfolio Review Process:	1 Day
Portfolio Images:	500
Conversations Started/Month	Unlimited
No. of Members that you Can Message at Once	20
Locations You Can List Your Portfolio In	5
Casting Calls per Week	10
Events per Week	10
Casting Call Messages per Month	Unlimited
Position in Search Results:	First
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery
Monthly Subscription Cost:		£9.95
6-Monthly Subscription Cost:		£49.75
Annual Subscription Cost:		£99.50

5.5. Prices are subject to change, all individuals shall refer to the Website for the latest and current prices.

5.6. Core Members Membership - Photographers, Make-up Artists, Hair Stylists, Stylists, Designers is available in three categories:

5.7. Bronze Plan:

Portfolio Review Process:	3 Days
Portfolio Images:	20
Conversations Started/Month	3
No. of Members that you Can Message at Once	1
Locations You Can List Your Portfolio In	1
Casting Calls per Week	1
Events per Week	1
Casting Call Messages per Month	5
Position in Search Results:	Third
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery

Monthly Subscription Cost:		£3.95
6-Monthly Subscription Cost:		£19.75
Annual Subscription Cost:		£39.50

5.8. Silver Plan:

Portfolio Review Process:	1 Day
Portfolio Images:	100
Conversations Started/Month	50
No. of Members that you Can Message at Once	5
Locations You Can List Your Portfolio In	2
Casting Calls per Week	5
Events per Week	5
Casting Call Messages per Month	50
Position in Search Results:	Second
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery
Monthly Subscription Cost:		£6.95
6-Monthly Subscription Cost:		£34.75
Annual Subscription Cost:		£69.50

5.9. Gold Plan:

Portfolio Review Process:	1 Day
Portfolio Images:	500
Conversations Started/Month	Unlimited
No. of Members that you Can Message at Once	20
Locations You Can List Your Portfolio In	5
Casting Calls per Week	10
Events per Week	10
Casting Call Messages per Month	Unlimited
Position in Search Results:	First
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Eligible for Showcase Gallery
Monthly Subscription Cost:		£9.95
6-Monthly Subscription Cost:		£49.75
Annual Subscription Cost:		£99.50

6.5. Prices are subject to change, all individuals shall refer to the Website for the latest and current prices.

6. No Portfolio/”Other” Membership Package Features & Pricing

6.1. No Portfolio/”Other” Membership is available in three categories:

6.2. Bronze Plan:

Conversations Started/Month	10
No. of Members that you Can Message at Once	1
Locations You Can List Your Portfolio In	1
Casting Calls per Week	1
Events per Week	1
Casting Call Messages per Month	5
Position in Search Results:	Sixth
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Monthly Subscription Cost:		£3.95
6-Monthly Subscription Cost:		£19.75
Annual Subscription Cost:		£39.50

6.3. Silver Plan:

Conversations Started/Month	50
No. of Members that you Can Message at Once	5
Locations You Can List Your Portfolio In	2
Casting Calls per Week	5
Events per Week	5
Casting Call Messages per Month	50
Position in Search Results:	Fifth
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Monthly Subscription Cost:		£6.95
6-Monthly Subscription Cost:		£34.75
Annual Subscription Cost:		£69.50

6.4. Gold Plan:

Conversations Started/Month	Unlimited
No. of Members that you Can Message at Once	20
Locations You Can List Your Portfolio In	5
Casting Calls per Week	10
Events per Week	10
Casting Call Messages per Month	Unlimited
Position in Search Results:	Fourth
Eligibility to be Featured on the homepage of the Website
Advanced Profile Editors for Bio and Profile
Ability to Add Links to Websites and Social Media to your Profile
Claim Discounts of up to 50% on Future Subscriptions using Earned Points
Ability to Earn Points based on your Activity on Site
Post Casting Calls, Events and Availability/Travel Notices
Monthly Subscription Cost:		£9.95
6-Monthly Subscription Cost:		£49.75
Annual Subscription Cost:		£99.50

6.5. Prices are subject to change, all individuals shall refer to the Website for the latest and current prices.

7. Account Registration

7.1. By registering to become a verified Member of the Website and to participate in the Website, the Member expressly agrees that they have read, understood and accept these Terms and all other legal policies of the Company.

7.1.1. If you do not accept these Terms, you may not create an Account, and you are not authorized to use the Website for any purpose.

7.2. Users confirm that they are entering the Registration on their own behalf of;

7.3. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.

7.4. Your Account username and password are personal to you and you will be responsible for the confidentiality and use of your username and password, and for all activities that are conducted through your account.

7.5. You may not transfer or sell access to your Account.

8. Account Verification Procedures

The Company uses systems and procedures to collect and verify information about Users in order to help keep ourselves, our Users and our partner’s safe from fraudulent activity and for record-keeping purposes.

8.1.1. The Company shall not be held liable for any third-party partners.

8.2. User who wish to register an Account must, at minimum provide their:

8.2.1. Email address,

8.2.2. Date of birth,

8.2.3. Complete our Application Form and,

8.2.4. Accept this Policy and all our other legal policies in full.

8.3. The Company may require you to submit to enhanced due diligence at any time.

9. Accuracy of Billing and Account Information

9.1. You agree to provide current, complete and accurate Account information for your Account and for all Orders made on our Website.

9.2. You agree to promptly update your Account and other information, including your email address and financial information so that we can complete your Orders and contact you as needed.

9.3. We cannot accept responsibility where you do not meet any deadlines or incur other disadvantages arising from non-accurate information provided on the Website.

9.4. Your submission of personal information through our Website is governed by our Privacy, GDPR & Cookie Policy.

10. Prohibited Account Activities

10.1. The Website strictly prohibits all Members and Users from networking for, linking to websites containing or soliciting any pornographic, sexual, dangerous or imminently dangerous Content or any similar or related activity of any kind, as deemed by the Company.

10.2. Users are prohibited from creating a dishonest account, which includes but is not limited to:

10.2.1. Creating an Account on behalf of another,

10.2.2. Pretending to be or imitate another person,

10.2.3. Maintaining a fake profile or,

10.2.4. Allowing anyone but the Member whose work or face is represented on an Account to login, access or use the respective account

10.2.4.1. Including assistants, managers, or agents.

10.2.5. With the exception of spouses and/or life-partners who work as a photography team and identical twins with model profiles.

10.3. In addition to other prohibitions as set forth in these Terms, all Users and Members using the Website are prohibited from using the Website, its Content, or our Services for the following;

10.3.1. For any unlawful purpose,

10.3.2. To perform or participate, or solicit others to perform or participate, in any unlawful acts,

10.3.3. To copy, download, distribute or disseminate in any capacity all information and Content on the Website,

10.3.4. Under any circumstance to publicly broadcast, share, transmit in any form any Content,

10.3.5. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

10.3.6. To infringe upon or violate our intellectual property rights or the intellectual property rights of others,

10.3.7. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,

10.3.8. Engage in spamming or flooding,

10.3.9. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet,

10.3.10. To attempt to scam other Members or people,

10.3.11. To collect or track the information of others,

10.3.12. To express or imply that any statements you make are endorsed by us, without our prior written consent,

10.3.13. To submit:

10.3.13.1. any content or information that is unlawful, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights;

10.3.13.2. any non-public information about companies without authorization; or (any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication,

10.3.13.3. any false or misleading information,

10.3.13.4. or provide links to, any external Website, postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party.

10.3.14. To request more than 1,000 pages of the Website in any 24-hour period, whether alone or with a group of individuals,

10.3.15. To reproduce, modify, display, publicly perform, distribute or create derivative works of the Website or the Content;

10.3.16. To reproduce or scan tickets in a format or medium different from that provided by the Website,

10.3.17. To decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site,

10.3.18. To use the Website for any obscene or immoral purpose,

10.3.19. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

10.3.20. To phish, pharm, pretext, spider, crawl, or scrape,

10.4. We reserve the right to terminate your use of the Service, your Account or any related Website for violating any of the prohibited uses.

10.5. We prohibit your use of any device such as an automated device, tool, software, algorithm, and procedure or internet bot to mine or collect data from the Website.

10.6. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

10.7. Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature,

10.8. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit,

10.9. Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Website, including with respect to any CAPTCHA displayed on the Website. Operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past,

10.10. Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active,

10.10.1. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure,

10.11. Use the Website, Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Website, Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

10.12. We reserve the right to terminate your use of the Service or any related Website for violating or attempting to by-pass any of the Prohibited Uses.

11. Payment

11.1. Prices displayed on our Website are in British Pound Sterling (GBP).

11.2. The Member shall pay via the checkout method provided by the Website.

11.2.1. All prices are shown as is.

11.3. Purchase: Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.

11.3.1. All Purchases are not transferable.

11.4. Upon an order for a Service being placed, the Member is not entitled to a refund, unless otherwise stipulated in these Terms

11.5. All prices of Services are available on our Website and are subject to change without notice.

11.5.1. We reserve the right to change prices without prior notice to the User.

11.6. We accept the following methods of payment for our Services, unless otherwise stipulated in these Terms;

11.6.1. Credit/Debit Card and,

11.6.2. PayPal.

11.7. Members shall follow all payment instructions provided upon selecting their payment method.

11.8. Members may be taken to external Websites from their third party payment providers in which the Company does not control or take any responsibility for.

11.9. We reserve the right to pass onto the Member any fees charged for the use of our methods of payments, by the payment gateway company or any relevant company in this capacity.

11.10. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

11.10.1. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.

12. Cancellation & Refund Policy

12.1. We do not provide refunds for Cancellations unless otherwise stipulated in these Terms.

12.2. To cancel a Membership, you may either contact us in writing via the Contact form on the Website 3 (three) days prior to your next billing date.

12.2.1. Sending a cancellation request late will not guarantee your cancellation before your next billing.

13. Account Termination

13.1. You may terminate these Terms at any time by notifying us that you no longer wish to use the Website, or when you cease using the Website.

13.2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any Account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and content, or any part thereof.

14. Member’s Profile Policy

14.1. Each Member Profile is limited to 1 (one) approved category.

14.1.1. Members who want to use multiple approved categories are required to create a new Member Profile.

14.2. In order to maintain a Member Profile, Members must at all times maintain:

14.2.1. At least 4 (four) visible images pertaining to the Membership type. (See Clause 17 and 18)

14.2.2. A suitable biography;

14.2.2.1. Members are expected to provide detail about experiences, goals, relevant information and reasons for being on the Website.

14.2.2.2. Profiles that do not meet the membership requirements will be warned and can be suspended until compliant.

14.3. Member Profile’s must only display work a Member directly contributed to within an approved category.

14.3.1. For example, approved Model’s should only be showing images of Modelling. Approved Photographers should only be uploading original photographs and images.

14.4. To create a Member’s Profile, Members must be at least 18 (eighteen) years old.

15. Models Member Profile Guidelines

15.1. Face Image: Models portfolio images must clearly show their face, as the Company needs to be able to clearly see the Model’s face.

15.2. Body Shot Image: Models must provide at least 1 (one) full length body shot.

15.3. Photographers Profile Guidelines:

15.3.1. Photographers are required to upload at least 4 (four) examples of their work; we encourage variety.

15.3.2. Example of work must demonstrate at least 2 (two) different models or 2 (two) different locations.

15.3.2.1. Examples of work must be:

15.3.2.1.1. Recent,

15.3.2.1.2. Different and varied,

15.3.2.1.3. Photos of adults modelling for the camera.

15.3.2.1.4. Snapshots, candid photos, children, cars, landscapes, animals, etc., are not acceptable.

15.4. Hair Stylists, Makeup Artists and Stylists Profile Guidelines:

15.4.1. Hair Stylists, Makeup Artists and Stylists must upload 4 (four) photos with at least 2 (two) different models; we encourage variety.

15.4.1.1. It is recommended to provide 4 (four) different looks rather than 4 (four) photos of the same look.

15.4.1.1.1. Selfies are permitted, but you may be asked to add more images of your looks on models. Show us variety.

15.5. Designers:

15.5.1. Designers must upload 4 (four) photos with at least 2 (two) finished designs being work by models.

15.5.1.1. Designs on mannequins and digital renders do not count,

15.5.1.2. You may provide sketches or illustrations of unproduced designs if they exhibit a reasonable level of skill and training, both in quality of the design and the sketch itself.

15.6. Participation without an Account Profile Guidelines

15.6.1. Users without an Account can post and manage paid casting calls after verifying their email address.

15.6.1.1. Core Website features, such as messaging, forums, comments, and profiles will not be available.

15.7. All Member’s Profiles are governed by the Company and the Company shall have full discretion to accept or reject any and all parts of all Profiles, at the Company’s complete discretion, without the need to justify or confirm any action.

16. Member’s Profile Rules & Policy

16.1. Member’s Profiles are intended for individuals within approved categories.

16.1.1. Member’s must only work and function within the approved categories.

16.2. Individuals whose business is a reflection of their individual artistry are permitted to utilize their account with their business name.

16.3. Spouses and/or life-partners who work as a photography team and identical twins with model profiles are permitted to share a profile.

16.4. Member’s Profile are not suitable for companies, groups, teams of individuals or persons who qualify more for “No Portfolio Membership / “Other” Accounts.

16.5. The Company prohibits Member’s Profiles from being setup or managed by individuals other than the Profile owner.

16.5.1. Member’s Profiles are restricted from being shared, used on behalf of third parties, used within a group, or any type of joint profiles.

16.5.2. Breach of this term may result in suspension or termination of an Account, at the discretion of the Company.

16.6. Members who are contracted may use their Profile to network for the purposes of the contract.

17. Image Requirements

17.1. Members should only upload quality images.

17.1.1. Members should refrain from submitting poor quality images including selfies, cell phone shots, webcam shots, screenshots, mirror shots, arm’s-length self-portraits, personal snapshots or images that are poorly exposed, too grainy or have too much compression.

17.2. Images that do not meet the standards of the Website will be rejected.

17.3. Image Specifications: Photo Size, in pixels:

17.3.1. No less than 200 width and 300 height,

17.3.2. No more than 16 million total pixels (e.g. 4,000 wide by 4,000 high).

17.4. Image Specifications: File Size:

17.4.1. No less than 7kb,

17.4.2. No more than 1500kb.

17.5. Image Specifications: File Type:

17.5.1. Only JPG or PNG file types.

18. Image and Content Rules

18.1. The following categories of images are permissible but must be labelled as “Not Safe for Work” or “Adult” and should never be displayed in a Public Space which includes on a Member’s Avatar, on a Profile Page, or posted on the Forums.

18.1.1. Pubic area and/or any area that would normally be covered by pubic hair.

18.1.1.1. Also known as the bikini area, covered by average swimming bottoms, from the pubic bone down to the thigh.

18.1.1.2. Genitals,

18.1.1.3. Female nipples or areola,

18.1.1.4. Implied sexual activity,

18.1.1.5. Close-ups of bare buttocks and,

18.1.1.6. Any transparent or semi-transparent clothing or body paint that reveals any of the above.

18.2. Image Rating Categories

18.2.1. Members are required to select the appropriate Image Rating for every image uploaded at all times.

18.2.1.1. Failure to do so may result in the moderators flagging the offending images as abusive, and the images being deleted from the site.

18.2.2. Image Rating: Suitable for Work

18.2.2.1. Marking your image as Suitable for Work means the image is suitable to be viewed in a workplace such as a government office or a school.

18.2.3. Image Rating: Not Suitable for Work

18.2.3.1. Not Suitable for Work includes topless, nude, implied or concealed, anything too sexy or suggestive to be caught viewing whilst in the workplace.

18.2.4. Image Rating: Adult Content

18.2.4.1. Mark your image as Adult for any image that contains open leg, has scenes of sexual arousal or scenes of a sexual nature.

18.2.4.1.1. Gold or Silver membership is required for this option.

18.3. Permitted Items

18.3.1. Images that use body paint or accessories to cover “Not Safe for Work” or “Adult” Content maybe permissible, provided that:

18.3.1.1. The body paint or accessories are noticeably different than the model’s skin tone,

18.3.1.2. Are used to completely obscure the mature element,

18.3.1.3. Ensures that the image does not appear as though an Adult element is still visible.

18.4. Prohibited Elements

18.4.1. The following Elements are strictly prohibited and should never be posted or shared on the Website.

18.4.1.1. Any images showing persons that appear to be under the age of 18,

18.4.1.2. Bodily fluids

18.4.1.3. Erections, of any level,

18.4.1.4. Manipulation of genitals or buttocks to “spread” them,

18.4.1.5. Genital or anal penetration of any kind,

18.4.1.6. Explicit sexual Content of any kind,

18.4.1.7. Intimate photographer/subject or “Point of View” Content of any kind,

18.4.1.8. Blood, guts, gore, or violent situations,

18.4.1.9. Bondage situations of any kind,

18.4.1.10. Watermarks that are links to pornographic or sexual websites,

18.4.1.11. Sexual contact of any kind that appears to be between the photographer and model(s),

18.4.1.12. Emphasis on the genitals or anus, such as images that are specifically of the genitals, comprised mostly of genitals, or appear to be focused on the genitals.

18.5. The Company moderates all images to ensure the rules are enforced on elements presented in an image rather than artistic quality.

18.5.1. Images are moderated and judged on their appearance.

18.5.2. The Company does our best to be consistent and fair, but each image is unique so each judgment is also unique.

18.6. If you are unsure; please contact us before uploading.

19. Showcase Gallery

19.1. The Showcase Gallery features photos from throughout the Website that have been handpicked by the Company, as representing the best quality work on the Website.

19.1.1. Certain photos from the Showcase may be displayed on the home page.

20. Points

20.1. The Website uses a Points system to reward Activity on the Website.

20.2. Members can earn Points for most Activities undertaken on the Website including:

20.2.1. 20 Point Activities:

20.2.1.1. Posting a Blog Post,

20.2.1.2. When a paid casting call is posted for 7 (seven) or more days and paid for.

20.2.2. 10 Point Activities:

20.2.2.1. When a reply is posted to a forum thread, Points are awarded to the reply author.

20.2.2.2. When an invited member is approved, Points are awarded to the referrer.

20.2.3. 5 Point Activities

20.2.3.1. When a forum thread is posted, Points are awarded to the author,

20.2.3.2. When a photo is uploaded, Points are awarded to the author,

20.2.3.3. Points are awarded when a free casting call, event, or notice is posted,

20.2.3.4. When a comment is made, the comment author is awarded

20.3. Members can use Points to claim discounts on future subscription fees.

20.4. Point System Membership Discount

20.4.1. The following are the discounts that can be claimed and the number of points required to claim each discount:

20.4.1.1. Accrue 100 points and claim 5% off all your future subscriptions,

20.4.1.2. Accrue 200 points and claim 10% off all your future subscription fees,

20.4.1.3. Accrue 300 points and claim 20% off all your future subscription fees,

20.4.1.4. Accrue 400 points and claim 35% off all your future subscription fees,

20.4.1.5. Accrue 500 points and claim 50% off all your future subscription fees.

20.4.2. Point System Membership Discount (the “Discount”) are only available to current subscribing members paying subscription fee via credit card.

20.4.3. Users can only claim any Discount once.

20.4.4. Users cannot have more than one Discount running concurrently.

20.4.5. When a Discount is claimed, it automatically replaces any previous discount.

20.5. Members will be ranked within the “Points Leaderboards”.

21. Castings, Events and Notices Rules

21.1. The Website facilitates Members with Casting, Events and Notices for the purposes of:

21.1.1. Finding Work,

21.1.2. Posting Casting Calls,

21.1.3. Posting Availability/Travel Notices,

21.1.4. Promoting and/or Advertising Events, Workshops, Classes, etc.

21.1.5. Members must select the appropriate category.

21.2. Communication for all Castings, Events and Notices posts must strictly remain within the Website.

21.3. All Casting call posts must:

21.3.1. Be directly related to a project being conducted by the posting Member,

21.3.2. Provide essential and basic information,

21.3.3. Provide truthful and accurate information about the project,

21.3.4. Set the location for Availability Notices and Travel Notice,

21.3.5. Provide the Date and Time,

21.3.6. General location,

21.3.7. Define the compensation rate,

21.3.8. Important details about the post, including but not limited to the type of model being sought, specific qualifications of the photographer, etc.

21.3.9. State the nature of involvement in any Casting Call,

21.3.10. Label the post as “PAID” to signify the project will remunerate monetary value,

21.3.10.1. “PAID” does not signify you are seeking to be remunerated.

21.4. All Casting call posts must not:

21.4.1. Request to be contacted for further information,

21.4.2. Request any form of payment,

21.4.3. Facilitate any type of bartering or deferred payment,

21.4.4. Facilitate the applicant to provide any form of compensation,

21.4.5. Involve any form of sexual activities or pornographic Content which is strictly prohibited

21.5. When applying for a Casting or Notice, Members must use the relevant profile which will be providing services.

21.6. Casting Calls are NOT advertisements.

21.6.1. Casting talent to work for the following is permitted, but castings that are intended to advertise or promote the following are prohibited.

21.7. The following are prohibited types of Casting Calls:

21.7.1. Non-modelling related work of any kind,

21.7.2. Model management of any kind,

21.7.3. Housing opportunities of any kind,

21.7.4. Attendees/hosts for “nightlife” events, parties, clubs, etc,

21.7.5. Contests, such as online contests, etc.,

21.7.6. Pageants requiring any fees or paid reservations,

21.7.7. Studio rental listings,

21.7.8. Requiring talent to join or participate in your website or network and,

21.7.9. Any form of advertising, self-advertising or self-promotion.

21.8. Availability Notices are to be used to alert others of availability for projects that are within a reasonable distance to the area of your normal place of residence.

21.8.1. Solicitation for transportation is permitted.

21.9. Travel Notices are to be used to alert others of your presence in a geographic area outside of your normal place of residence.

21.9.1. Solicitation for destination accommodations, such as airport pickup and shelters are permitted.

21.10. Sponsored/Paid Castings

21.10.1. Sponsored/Paid Castings can only be placed by logged-in Talent Recruiters and approved members.

21.10.2. Prices vary depending on the amount of time a Sponsored/Paid Casting is selected to be posted on the site.

21.10.3. Sponsored/Paid Castings will only appear in up to 5 (five) cities, chosen by the person posting the casting call.

21.10.3.1. If more than 5 (five) locations are desired, the poster can post another Sponsored/Paid Casting or pay an additional fee to have the casting be “Nationwide” to appear throughout all cities in that country.

21.10.4. Sponsored/Paid Castings appear in the Casting Call search results as pinned listings at the top of the search results.

21.11. All Castings and Notices must comply with the local laws associated with the respective project.

21.12. Casting, Events and Notice which are in violation of Website policy and rules should be reported by selecting the “Report as abusive” option of the “More” menu underneath the post.

21.12.1. Moderators monitor these reports regularly and will take the appropriate actions.

21.13. Failure to following these terms, rules and policy when posting a Casting, Events or Notices may result in a warning or the post being removed.

21.13.1. Removed Casting, Events and Notice are not entitled to any refund.

22. Blog

22.1. The Website facilitates a blog which invites members with experiences to share, excellent writing skills, and great ideas to contribute with a view of benefiting the community.

22.2. Members can apply to become Blog Editors, to be considered as a Blog Editor, please contact support with subject “RE: Blog Editor”, explaining how you qualify to be a blog editor and mentioning some of your ideas for blog posts.

22.2.1. Blog Editors are entitled to earn 20 Points for each approved blog post that you write.

23. Website Complaints & Disputes

23.1. Complaints should be submitted using the Contact form on the Website.

23.2. Subject to the above clause, these Terms and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of the United Kingdom.

23.3. Should there be any claim or dispute arising from a past or current matter, please use the above e-mail or contact an Administrator and/or Moderator, the decision of the Administrator and/or Moderator shall be final and shall not be obliged to release reasoning.

23.4. If the Administrator and/or Moderator are unable to settle the claim or dispute, the matter shall be referred to the Company, the decision of the Company shall be final and shall not be obliged to release reasoning.

23.5. If the Company is unable to settle the claim or dispute, the Company has the option to refer the matter to an independent third-party Mediator, whose decision will be final, save in respect of any manifest error, subject to full representation given to all parties involved.

23.6. If the Mediator is unable to resolve the dispute, then the dispute may be escalated to the appropriate courts within the United Kingdom.

23.7. For Community-related Disputes, please refer to the Community Guidelines.

24. Intellectual Property

24.1. Unless otherwise stated, the Company, Members own all Intellectual Property Rights in the Services and Content.

24.2. The Company takes intellectual property laws very seriously; violations of copyright may result in removal of the profile or rejection of a membership application.

24.3. Uploading any image, you were not involved in creating is strictly prohibited, even if you have acquired the rights to said image.

24.4. You must acknowledge and agree that the Website and all Services, and Content available are proprietary and owned material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company, or such Member, you agree not to copy, download, alter, modify, loan, sell, distribute, transmit, broadcast, publicly broadcast, perform and/or created any plagiaristic works which are based on the Company and Members Content, in whole or part.

24.5. You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Services, Content, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features and/or names are trademarks and as such, are and shall remain the property of the Company or the relevant Member, or applicable licensor. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.

24.6. Use of the Content and Services are permitted only where expressly authorised by the Company as set out herein these Terms.

24.7. The User shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the User provides infringes the Intellectual Property Rights of a third party.

24.8. The indemnities within this Clause are subject to the following conditions:

24.8.1. The indemnified party promptly notifies the indemnifier in writing of the claim;

24.8.2. The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;

24.8.3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and

24.8.4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.

24.9. The Company consider violations of copyrights, trademarks and service marks, to include, but are not limited to the following;

24.9.1. Uploading other people’s Content and claiming it as your own,

24.9.2. Uploading Content you do not have permission to utilize, including proof images,

24.9.3. Attempting to mislead others by utilizing mock tear sheets, magazine covers, advertisements, etc. that appear to be from existing brands, sheets, magazines, and advertisements.

24.10. Content posted or shared should have a clear establishment of copyright.

24.10.1. The Company may ask for proof of copyright when investigating ownership rights.

24.10.1.1. If you are the creator of an image, you should be able to provide proof of creation by providing an original copy of the image.

24.10.1.1.1. If you are using any stock images or elements, you should be able to produce proof of permission or proper licensing to utilize that image

24.11. The registered and unregistered trademarks, logos and service marks displayed on the Website are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.

25. License Grant to Your Content

25.1. In connection with User Content, the User represents and warrants ownership or having the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all trademark, copyright, or other proprietary rights in and to all User Content to enable inclusion and use of all User Content, including display and reproduction, on or through the Website.

25.2. The User hereby grants and assigns to the Company, and represents and warrants that the Users has the right to grant and assign to the Company, a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use all User Content, solely for the purpose for which such User Content was uploaded, posted, transmitted, or otherwise made available by the User.

25.3. The User further grant to each other User of the Company a non-exclusive license to access User Content through the Website, and to use, reproduce, distribute, display, and perform all User Content as permitted through the functionality of the Website Services.

25.4. Users may elect to remove their User Content through the account dashboard while having an active membership on the Website.

25.5. Notwithstanding the foregoing, the User acknowledges and agree that once User Content is made public or otherwise incorporated into other aspects of the Website, by either by you, the Company, or other Users, then you may not be entitled to access, update, or delete such Content.

25.6. Such Content may continue to appear and be used through the Website indefinitely pursuant to the license granted herein, and the Company is under no obligation to delete or require other Users to delete such Content.

25.7. The User acknowledges, and agrees that the Company may retain, but will not display, distribute, or perform, server copies of User Content that has been removed or deleted.

25.8. The User further acknowledges and agrees that the Company may retain User Content, even after Account Termination or closure, if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our legal terms, or any other contract entered into between you and the Company.

26. Warranties

26.1. The User warrants that they have sufficient permission and legal rights to access the Website, purchase any Service from the Company, and participate or view any Content.

26.2. The Company warrants that;

26.2.1. It shall provide the Services;

26.2.1.1. In accordance with the Terms set herein,

26.2.1.2. In accordance with any and all applicable laws, regulations and statute,

26.2.1.3. With reasonable care and skill, and

26.2.1.4. In accordance with generally recognised commercial practices and standards;

26.3. The Company does not endorse or condone the opinions and views of any of its staff, employees, Members, subcontractors or agents, nor shall they be considered the opinion, view or stance of the Company.

26.4. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.

27. Indemnity

27.1. You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, Members, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

27.2. Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of these Terms or violation of any law or the rights of any party.

28. Notice

28.1. Any Notice given under these Terms shall be by email or via the Contact Support form on the website which is our only accepted official forms of communication from you.

28.1.1. If you choose to contact us via any other means, including through our Social Media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.

28.1.1.1. As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels

28.2. A notice is deemed to have been received, in the case of e-mail, at the time of transmission.

28.2.1.1. All e-mail notices shall be sent via the Contact form on the website.

28.2.2. We will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications.

28.2.3. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email.

29. Representation

29.1. We do not guarantee, represent or warrant that your use of our Services or Content will be uninterrupted, timely, secure or error-free.

29.2. We do not warrant that the results that may be obtained from the use of our Services or Content will be accurate or reliable.

29.3. You agree that from time to time we may remove Services or Content, for indefinite periods of time or cancel any Services or Content at any time, without notice to you.

29.4. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, administrators, moderators, Members, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, content or participation in the Community or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

29.5. The Company neither warrants nor represents that your use of the Website or any Content or information displayed on its Websites will not infringe any rights of third parties.

29.6. As some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

29.7. WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT GUARANTY THE QUALITY OR STANDARD OF ANY OF THE PACKAGES. YOU ARE TAKING THE RISK THAT THE MEMBERS MAY NOT PROVIDE THE LEVEL OF INTERACTION THAT YOU WERE ANTICIPATING OR THAT THE PACKAGE DOES NOT MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, INCLUDING MEMBERS, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

30. Liability

30.1. The Company, Website and Members are in no way accountable, liable or responsible for the actions or words of any of the Users, including Member Content, Comments or information contained within their User Profile.

30.2. All those involved in the Company, the Website and the Members, do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.

30.3. The Company provides information sourced from a wide variety of Third Party individuals, companies, organisations and external parties. The use of this information by the Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.

30.4. Nothing in these Terms shall operate to exclude or limit either party's liability for:

30.4.1. Fraud or,

30.4.2. Any other liability which cannot be excluded or limited under applicable law.

30.5. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

30.6. We do not directly employ Members nor are we responsible or liable for any interactions involved between Members and Users.

30.6.1. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of the Members, the Community or from Users.

30.7. The Website does not review or edit the Content for legal issues, and we are not in a position to continually determine of the legality of a Member or the Content. We do not exercise any editorial control over the Content that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If a User chooses to participate in our Services or view Content, they rely on any information provided by a Member at their own risk.

30.8. By using our Website and Services, Users may be exposed to Content that they consider offensive, indecent, or objectionable. The Company has no responsibility to keep such Content from you and has no liability for your access to, use of, or viewing of any Content, to the extent permissible under applicable law.

30.8.1. This also applies to any Content promoting physical activity from a User which overall relates to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of this type of Content, and by participating in such Content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during or after using a Service.

30.9. Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Payment by the User to the Company under these Terms, or such other amount as may be set out.

30.10. IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PACKAGE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE PACKAGE OR EVENT OR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED BRITISH POUND STERLING (£100) OR THE AMOUNT WE HAVE EARNED FROM YOUR USE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL LAWYERS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

30.11. All Users are obliged to seek out, read and understand the separate Company, Websites Disclaimer Policy and Privacy & GDPR Policy.

31. Copyright Infringement

31.1. Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any Content on the Website infringes your copyright, you may send us a notice requesting that the Content be removed. The notice must include:

31.1.1. Your (or your agent's) physical or electronic signature,

31.1.2. Identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification,

31.1.3. Identification of the Content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the Content on the Site,

31.1.4. Your name, address, telephone number and email address (if available),

31.1.5. A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by you or your agent or the law; and

31.1.6. A statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

31.2. It is our policy to terminate, in appropriate circumstances, the access rights of repeat copyright infringers. If you are found to be a repeat copyright infringer and we receive multiple DMCA or other copyright infringement notices regarding Content that you upload to the Site, you agree that we may take actions to prevent future infringement, such as;

31.2.1. Blocking your account from future Content,

31.2.2. Terminating your account and access to the Website,

31.2.3. Putting your email address on a banned list,

31.2.4. Prohibiting you and anyone using your email address, IP address, or other identifying information from reopening your account or opening a new account.

32. Errors, Inaccuracies and Omissions

32.1. Occasionally there may be information on our Website, Services, or Content that contains typographical errors, inaccuracies or omissions that may relate to our descriptions, pricing, scheduling, promotions, offers, and booking.

32.1.1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Services, Content and Streams, or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.

32.2. We undertake no obligation to update, amend or clarify information in the Services and Content or on any related website, including without limitation, pricing information, except as required by law.

32.2.1. No specified update or refresh date applied in our Services, Content and Streams or on any related website, should be taken to indicate that all information in our Services or on any related website has been modified or updated.

33. Amendments

33.1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms posting updates and changes to our website.

33.1.1. It is your responsibility to check our website periodically for changes.

33.1.2. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

33.2. You should check these Terms from time to time to ensure that you are happy with any changes.

33.3. This policy is effective from November 2020.

33.4. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.

33.5. The User acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to these Terms, other than as contained in these terms or as confirmed in writing by us.

34. Language

34.1. Any dispute arising from, or related to, any term of this Terms and Conditions arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.

35. Severability

35.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

36. Governing Law

36.1. These Terms shall be governed by and construed in accordance with English law.

Community Terms & Guidelines

Last updated: 13-11-2020

These Community Terms & Guidelines ("Terms") apply to all Members, please read these Terms carefully before signing up to the Website as a Member, accessing, browsing and/or uploading Content or participating in any Services, accessing Content, or using the Website.

We expect everyone utilizing the Website to be genuine, honest and good natured individuals adhering to the following community guidelines rules and guidelines. The ultimate discretion in determining acceptable behaviour and Content resides with the administration and moderation teams. Failure to adhere to these guidelines and Website rules may result in the closure of your account with no future access to the Website. These rules apply to all areas of the Website as well as off-site communications originating from the Website.

Definitions
1.1.   References to the “Company”, “us”, “we” and “our” are references to the Modelling.Photos.

1.2.   References to “you” and “your” are references to the Member.

1.3.   References to Parties means reference to the Company and the Member collectively, individually the “Party”.

1.4.   The definitions and rules of interpretation in this clause apply to the Members Terms of Use:

“Business”	Means the continual marketing of all relevant goods and services
“Communication”	Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device
“Industry Standard Practice”	The Standard Business Practices within the specific Industry and within the United Kingdom
“Notice”	Notice shall mean an instrument via email, unless otherwise prescribed
“Website”	Means the Company website

2. Member’s Duties, Obligations and Responsibilities

2.1. You acknowledge that we are providing Content to Users on the Website and you acknowledge that the Company is only acting as an intermediary.

2.1.1. The Company cannot guarantee any amount of purchases, the quality of the experience or the conduct of the Users.

2.2. The Member grants to the Company, and its affiliates and licensees, on behalf of the Member as well as any publishing company administering or relevant party owning any relevant Intellectual Property used by you as Content on the Website, the right to freely use, unless otherwise agreed, all Content for all purposes on the Website.

2.2.1. The Member shall confirm to such publisher and/or relevant party owning any relevant Intellectual property used by the Members as Content, that the Members has directly granted the Company the rights to use the Content.

2.2.1.1. The Company is not responsible nor shall the Company be liable for any of the Content.

2.3. The Members understands and accepts their following Duties, Obligations and Responsibilities;

2.3.1. To provide the Company with access to all information, necessary materials, relevant detail and specific legal text that may be required electronically, or otherwise, required to facilitate Content and the Services, and to supply them in a timely manner with sufficient clearance to carry out the Services and facilitate the Content.

2.3.1.1. Ensure that all detail and materials are compliant in terms of ASA advertising standards, is properly licenced for commercial & advertising use and is fully GDPR compliant.

2.3.2. To authorize the Company to use of all the Members logos, trademarks, Website images, etc., as deemed necessary by the Company to conduct and fulfil the Services.

2.3.3. To maintain open and frequent Communication with the Company as is required for the completion of the Services.

2.3.3.1. If the Company does not receive sufficient Communication for the Services, this may hinder the overall Services or result in a late delivery or failure of Services.

2.3.3.1.1. You agree, and hereby consent and allow, to the fullest extent provided under applicable law, for the Company to record any and all Communications between the Parties.

3. General Conduct

3.1. The Company encourages all Members to maintain a degree of professionalism.

3.1.1. A little professionalism can go a long way in building your career and reputation!

3.2. Please refrain from using the Website for all actions outside of the scope of the Website.

3.2.1. The Website has a host of features, but we are not a dating site, a place to offer or seek housing, or a network to offer management or to be managed.

3.2.1.1. Do not use the Website to network for intimate or personal interactions. Use our site appropriately.

3.3. The Website is not a place to self-advertise, populate or advertise a personal website or network.

3.4. Members must refrain from using the Website for uploading or sharing Content that may be considered otherwise harmful or objectionable.

3.5. Harassment of any kind is unacceptable.

3.6. If suspect illegal activity, you report it immediately to the moderators and you must not post it publicly.

3.7. Private messages discussing the matter are permitted when requested.

3.8. This is the internet, be aware of potential scams.

3.9. Be safe!

4. Community Code of Conduct

4.1. When Participating in the Website and the Community, you acknowledge that your actions affect others and you must:

4.1.1. Be kind,

4.1.2. Treat others how you wish to be treated,

4.1.3. Respect other humans,

4.1.4. Not spam, use all-caps or flood messages and emotes,

4.1.5. Not impersonate another person,

4.1.6. Attempt to include everyone,

4.1.7. Be positive and helpful towards other users,

4.1.8. Strictly withhold from bullying, sexism, racism, homophobia or other hate-based chat,

4.1.9. Not joke about mental or physical disorders,

4.1.10. Try avoid controversial topics, such as politics and religion,

4.1.11. Not argue with people,

4.1.12. Not advertise, self-promote or anything relating to a commercial purpose,

4.1.13. Use common sense,

4.1.14. Adhere to the rules enforced by the Member and/or Moderators and/or Administrators of the Community.

4.1.15. Follow and respect the Community guidelines as posted on the Website and/or by the Member.

4.2. The Company reserves the right to remove, suspend or indefinitely ban any User with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in damage, endangering others or self or in impede the progress of other participants.

4.3. All participants in our Services or viewing Content and generally participating in the Website have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other participants are liable for their own actions.

4.4. You agree to indemnify the Company in full for any loss or damage to other participant’s or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any negligence which may occasion such loss or damage.

4.5. Users will be held financially responsible for any damages

5. Forums Specific Rules, Professionalism & Posting Rules

5.1. The Website Forums are a great way to communicate with your fellow members, but there are some rules which apply to your usage of them.

5.2. Each forum has varying degrees of professionalism, and we encourage all Members to use the correct levels of professionalism when participating.

5.3. Please review the descriptions for each forum, as well as the individual forum rules pinned at the top of the forum you will be posting in. If you have questions about the rules, please go to Help and contact a moderator.

5.4. Try and post in the right forum for your topic. Topics posted in the incorrect forum will be moved as necessary.

5.5. We encourage you to be mindful of your professionalism in these forum posts, due to the public and searchable nature of our forums.

5.6. Our forums are considered public forums, allowing people from all walks of life to post their thoughts, opinions, views and contributions to a topic.

5.7. Stay on topic as best you can. Don’t hijack topic or bump old threads – just start a new thread. Topics do tend to ebb and flow, but if the topic gets too far away from the primary point, start a new thread!

5.8. All Members must respect fellow posters and Members. Period. No personal attacks, name calling, hate speech, etc.

5.9. The Forums are not the place for mature and/or vulgar topics or language. Mature images can be linked to, but not displayed as an image.

5.10. Sarcasm is ok. Trolling is not. Not all sarcasm is trolling but some trolling is sarcastic.

5.11. Critiques belong in the critique forum and only if people ask for them.

5.12. Politely discuss the quality of the work, never the person.

5.13. Members must refrain from witch hunting, shaming, degrading, insulting, bullying, or otherwise belittling other Members.

5.14. “Outing” is the act of publicly shaming someone or calling out their actions. Do not out other people.

5.15. Do not use images as a signature. Excessive usage of images in forum posts is also generally frowned upon.

5.16. Some controversial topics, posts, and discussions can and should happen, but some topics, posts, and discussions aren’t meant for the forums. These include, and aren’t limited to, politics, religion, etc.

5.17. Spamming is not allowed.

5.18. The forums are meant for discussions and are not a place to post casting calls or job listings.

5.19. Keep your login information private. Administrators and moderators will never ask you for your password or full credit card number.

6. Moderation of the Forums

6.1. Forums are moderated by the Company’s Moderators.

6.2. Threads and posts can and will be locked or hidden at the discretion of the moderation team based on the application of forum rules.

6.3. Posts that violate rules will be hidden so that the thread may continue.

6.4. If you see a thread or post that violates the site or forum rules, please copy the thread URL and paste it in a message to support so the moderation team can review the thread. If you are reporting a specific post, you can report the post by selecting the “Report as abusive” option of the “More” menu underneath the post.

7. Automatic Rejection Policy

7.1. We try to maintain a safe network for all of our Members, which means there are several things that will result in the immediate Automatic Rejection of a Profile, Membership, Thread or Post.

7.1.1. Automatic Rejections of Membership can occur without notice or warning.

7.1.1.1. If you would like to dispute an event, please contact the support.

7.2. Conduct which can amount to an Automatic Rejection includes, but is not limited to:

7.2.1. Networking for sexual, pornographic, or imminently dangerous content of any kind,

7.2.2. Copyright violations,

7.2.3. Opening or maintaining a profile that represents someone else,

7.2.4. Opening or maintaining someone else’s profile and,

7.2.5. Actions which are deemed unfit or unsuitable by the Moderators of the Website and/or Forums.

8. Privacy

8.1. Respect the privacy of others at all times.

8.2. The Company expects all Members of the Website to conduct themselves at all times in an orderly manner, respecting the rights and privacy of others.

8.3. Do not post any of your personal information, including your phone number, address, email, etc. in your public profile or any public forums.

8.4. Do not provide your contact information to anyone unless you are sure they are legitimate. We go out of our way to protect the privacy of our members so if someone requests that we remove their real name or other personally identifiable information from public view, we do our best to accommodate them.

8.5. Do not post confidential information (such as real names, addresses, emails, phone numbers, etc.) without express written consent of the involved party.

8.5.1. Exceptions are made for public figures and publicly available content.

8.6. Communications, such as private messages or moderator messages, are not to be re-posted publicly without explicit permission of all involved parties.

8.7. Pro Tip: Don’t use your real name for your display name if you have any concerns about your privacy now or in the future. It can be archived by search engines and will appear in relation to your profile – and we have no control over search results

9. Community Dispute Resolution

9.1. If a Member has a bad experience working through the Website, all Members are welcome to contact us to discuss the experience, but should refrain from doing so publicly.

9.1.1. Members are permitted to publicly review other publicly within reason, for example; “I do not recommend Modelling.photos member James Smith”.

9.1.1.1. The Website shall have the discretion to remove any posts without warning.

9.2. All Members and Users are liable for any posts and comments they, Members should carefully ensure what they are sharing.

9.3. The Website does not arbitrate member disputes, such as model or image releases, payment issues, failure to appear for scheduled work, personal disagreements, etc., these situations are best resolved privately and directly.

9.3.1. If a private solution cannot be reached, it is recommended that legal options are sought.

9.3.1.1. Claims of unprofessional behaviour will be reviewed on a case-by-case basis.

9.4. Always report any illegal or fraudulent activity by contacting support.

10. Automation and Spam

10.1. The use of any tool that automates messages, behaviours, or the utilization of features is not allowed.

10.2. This includes macros or other means of posting announcements, sending friend requests, posting comments or Tags, etc.

10.3. Do not spam. Spam refers to any messages, ads, or other information that is unsolicited and indiscriminately posted or shared across any location across the site, such as through announcements, private messages, comments, forum posts, etc.

10.4. Spamming may result in removal of the profile or suspension of all posting privileges.

11. Intellectual Property Rights

11.1. Intellectual Property Rights includes Patents, Copyright, Trademarks, Content, audio, visuals, practices, techniques, models, practices rights to inventions, and neighbouring and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

11.2. The Parties and their relevant licensors shall retain ownership of all their Intellectual Property Rights. Any Content, artwork, images, or text supplied.

11.2.1. The Company may request in writing from the Member, the necessary permission to use materials (for which the Member holds the copyright) in forms other than for which it was originally supplied.

11.3. The Member shall indemnify the Company in full against any sums awarded by a court against the Company arising out of or in connection with any claim brought against the Company for infringement of a third party’s rights (including any Intellectual Property Rights) arising out of or in connection with the receipt or use of Content.

11.4. The Parties respects the intellectual property of the other Party and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Website infringes copyright, please submit a notice.

DISCLAIMER

Last updated: 03-11-2020

Please read this Disclaimer carefully before accessing, browsing, creating an Account or using the Website and/or purchasing any Services. It is intended for the reader of this Disclaimer to have an understanding of and accept the Company’s Terms and Conditions. Your access to and use of the Website is conditioned on your understanding of and compliance of this Disclaimer.

PLEASE NOTE THAT, AS STATED WITHIN THIS DISCLAIMER, THE TERMS AND CONDITIONS OF THE WEBSITE AND SERVICES ARE INTENDED TO BE USED FOR GENERAL PURPOSES ONLY. IF YOU CHOOSE TO USE THE WEBSITE AND/OR PURCHASE OUR SERVICES, YOU DO SO AT YOUR OWN SOLE RISK. THE WEBSITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SERVICES OR DESCRIPTIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY INFORMATION, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE AND SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE WEBSITE, SERVICES, PARTNERS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

USERS ARE SOLELY RESPONSIBLE FOR ALL OF COMMUNICATIONS AND INTERACTIONS ON THE WEBSITE AND IN RELATION TO OUR SERVICES.

USERS UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY STATEMENTS OF USERS FOR ANY SERVICES ON THE WEBSITE.

THE COMPANY DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES,, LICENSEES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE WEBSITE BY USERS OR FOR ANY OTHER CLAIM THAT IS ASSOCIATED WITH THE WEBSITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF USE OF THE CONTENT OR ANY SERVICE THAT IS LISTED, POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAS BEEN ADVISED.

THE COMPANY WILL COMPLY TOWARDS FAIR BUSINESS PRACTICES TO PROTECT THE INFORMATION THAT USERS PROVIDED TO THE SITE, BUT THE USER ALSO AGREE THAT ALL SUBMISSION OF SUCH INFORMATION IS AT THE USERS SOLE RISK, AND HEREBY DISCLAIM THE COMPANY ANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND IN ANY WAY.

THE COMPANY DOES NOT EXPRESS AND MAKES NO WARRANTY THAT THE COMPANY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

THE COMPANIES RESPONSIBILITIES ARE LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE AND THE SERVICE MODEL CONTAINED THEREIN.

PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

1. Prohibited Use. Users may not use their Account to engage in the following categories of activity, the specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Website or Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us.

1.1. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where the Company conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.

1.2. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the website, other Accounts, computer systems or networks connected to the website, through password mining or any other means; use Account information of another party to access or use the website, unless by operation of law or with the express permission of the Company.

1.3. Abuse Other Users: Interfere with another individual's or entity's access to or use of any Product; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights ,such as, but not limited to, rights of privacy, publicity and intellectual property, of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the website about others, including without limitation email addresses, without proper consent.

1.4. Fraud: Activity which operates to defraud the Company, Users, or any other person; provide any false, inaccurate, or misleading information to the Company.

1.5. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of the Company intellectual property, name, or logo, including use of Company trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company or brand; any action that implies an untrue endorsement by or affiliation with the Company.