General terms and conditions for the use of modelmanagement.com by agents/agencies and other industry professionals (each a “Professional” and collectively “Professionals”)
When registering for MODELMANAGEMENT.COM, Professionals must accept the following general terms and conditions (the “GTCs”) for using MODELMANAGEMENT.COM.
The Professional enters into this agreement on the use of MODELMANAGEMENT.COM with MM Model Management Limited, 3, Chrysanthou Mylona Street, CY-3030 Limassol, Cyprus. Additional contact information, commercial registry data, as well as the name of the authorized representative of MODELMANAGEMENT.COM are accessible via “Company details”.
1. Subject Matter
1.1 MODELMANAGEMENT.COM offers Professionals a platform for their global scouting and hiring of male and female models who have posted their photo books and profiles on MODELMANAGEMENT.COM (the “Models”) and provides Professionals with access thereto pursuant to these GTCs. Furthermore, Professionals may use MODELMANAGEMENT.COM to upload photos of and promote their models.
1.2 The Professionals may start using the services of MODELMANAGEMENT.COM if and when MODELMANAGEMENT.COM has confirmed their right to do so. The right to use MODELMANAGEMENT.COM may be obtained by invitation or upon specific request.
1.3 The Professional acknowledges and agrees that it is technically impossible to achieve 100% availability of MODELMANAGEMENT.COM. MODELMANAGEMENT.COM shall nonetheless endeavor to keep MODELMANAGEMENT.COM available without inter-ruption. Events related to maintenance, security or capacity requirements, and/or events be-yond MODELMANAGEMENT.COM's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on MODELMANAGEMENT.COM.
1.4 MODELMANAGEMENT.COM provides Professionals with a platform where they can establish contacts with Models, other agencies, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly. MODELMANAGEMENT.COM does not take part in any communication between Professionals and Models and/or other users of its services. If Professionals and Models and/or other users enter into agreements with one another via MODELMANAGEMENT.COM, MODELMANAGEMENT.COM shall not be a contracting party to these agreements. Only the Professionals and the Models and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and MODELMANAGEMENT.COM shall not be liable for breaches of such agreements. MODELMANAGEMENT.COM shall not be held liable if Professionals and Models and/or other users are unable to contact one another over MODELMANAGEMENT.COM regarding such agreements.
2. Registration, and Representations and Warranties upon Registration
2.1 Professionals must register prior to using the “Premium Services for Professionals” of MODELMANAGEMENT.COM.
2.2 The Professional represents and warrants that all of the data provided for registration are accurate and complete. The Professional shall report any changes in the registration data to MODELMANAGEMENT.COM without undue delay.
2.3 The Professional shall choose a password upon registration, which is needed in order to access his/her account on MODELMANAGEMENT.COM. The Professional is obliged to keep this password secret. MODELMANAGEMENT.COM shall not disclose the password to any third party and MODELMANAGEMENT.COM’S employees shall not ask for the Professional’s password at any time. The Professional shall notify MODELMANAGEMENT.COM immediately of any unauthorized use of the Professional’s password or account.
2.4 By completing the registration process, the Professional accepts these GTCs on the use of the services of MODELMANAGEMENT.COM.
3. Obligations of the Professional; Consent to Disclosure of Professional’s Name
3.1 The Professional shall provide only true and non-misleading statements in its commu-nications with Models and shall, at all times and in all dealings and communications with Models, comply with applicable law.
3.2 The Professional agrees that MODELMANAGEMENT.COM may use the Profes-sional’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Professional is using MODELMANAGEMENT.COM.
4. Changes to the Services on MODELMANAGEMENT.COM
MODELMANAGEMENT.COM reserves the right to modify the services offered on MODELMANAGEMENT.COM and/or to offer services different from those offered at the time of the registration of the Professional at any time, unless this is unreasonable for the Pro-fessional.
5. Termination of Subscription
5.1 The Professional may terminate his/her subscription to MODELMANAGEMENT.COM at any time without cause. The Professional may deliver notice of termination using the contact form available on all MODELMANAGEMENT.COM at any time. The termination notice shall include the Professional’s registered name and e-mail address.
The subscription to MODELMANAGEMENT.COM shall terminate automatically in case the Professional does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.
5.2 During any term for which a Professional has paid the applicable subscription fee, MODELMANAGEMENT.COM may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for MODELMANAGEMENT.COM to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of MODELMANAGEMENT.COM against those of the Professional and includes any the following events:
*the Professional fails to comply with any applicable legal provisions;
*the Professional breaches a material contractual obligation set forth in these GTCs;
*the Professional causes harm to any other user(s) of MODELMANAGEMENT.COM.
5.3 In the following cases, the Professional shall not be entitled to claim reimbursement of any subscription fees paid:
*if MODELMANAGEMENT.COM has terminated the contract for good cause pursu-ant to section 5.2
*if the Professional has terminated the agreement. However, the Professional’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Professional has terminated the agreement for a good cause attributable to MODELMANAGEMENT.COM.
6. Responsibility for the Content, Data or other Information
6.1 MODELMANAGEMENT.COM does not make any warranties or representations re-garding any data and/or information provided or made available by any user on MODEL-MANAGEMENT.COM. In particular, MODELMANAGEMENT.COM does not warrant or represent that said data and/or information is true or accurate.
6.2 The Professional shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on MODEL-MANAGEMENT.COM.
7. Customer Service/Support
Queries regarding the agreement with MODELMANAGEMENT.COM or regarding MODELMANAGEMENT.COM’s services may be sent to MODELMANAGEMENT.COM using the contact form available at all times on MODELMANAGEMENT.COM or by sending an e-mail to [email protected]
8. Liability of MODELMANAGEMENT.COM
MODELMANAGEMENT.COM (including its vicarious agents) shall only be liable for dam-ages incurred by the Professional as a consequence of breaches of material obligations of MODELMANAGEMENT.COM pursuant to these GTCs.
9.1 The Professional shall indemnify and hold MODELMANAGEMENT.COM harmless from and against all actions, including damage claims, asserted by Models, other users or third parties against MODELMANAGEMENT.COM resulting from an infringement of their rights by the Professional. The Professional assumes all reasonable costs MODELMAN-AGEMENT.COM incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of MODELMANAGEMENT.COM, including the right to claim damages, shall remain unaffected.
10. Data Protection
MODELMANAGEMENT.COM recognizes that any personal data provided by the Profes-sional to MODELMANAGEMENT.COM is extremely important to the Professional, and MODELMANAGEMENT.COM shall therefore be particularly sensitive in handling such data. MODELMANAGEMENT.COM shall comply with all applicable legal provisions re-garding data protection. In particular, MODELMANAGEMENT.COM shall not provide or otherwise disclose any personal data of the Professional to any third party without authoriza-tion. Details on MODELMANAGEMENT.COM's treatment of personal data are set forth in the Data Protection Policy of MODELMANAGEMENT.COM.
11.1 Any amendments to these GTCs must be made in writing in order to be valid.
11.2 MODELMANAGEMENT.COM reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Professional. MODELMANAGEMENT.COM shall give due notice of any amendments of these GTCs to the Professional. If the Professional does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Professional. MODELMANAGEMENT.COM shall inform the Professional about the Professional’s right to object and of the relevance of the objection deadline in said notice.
11.3 Unless otherwise stated in these GTCs, the Professional may submit all notices to MODELMANAGEMENT.COM using the contact form provided on MODELMANAGEMENT.COM or by sending an e-mail to [email protected]
11.4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid and/or unenforceable provision shall be replaced with a valid and/or en-forceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.