General terms and conditions for the use of modelmanagement.com by models (“Models”)
By logging on to MODELMANAGEMENT.COM, Models accept the following General Terms and Conditions (hereinafter the “GTCs”) for using MODELMANAGEMENT.COM.
The Model enters into this agreement on the use of MODELMANAGEMENT.COM services 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”.
1.1 MODELMANAGEMENT.COM offers Models a platform for presenting their profiles and photo books and for arranging business contacts, particularly with agents/agencies and photographers.
1.2 Certain limited features of MODELMANAGEMENT.COM are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of MODELMANAGEMENT.COM by Models are set forth under "Fees". The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Model shall be due immediately upon registration on MODELMANAGEMENT.COM. Payments can be made using the various payment methods, or the available online payment systems. The Model may start using the Premium Services if and when MODELMANAGEMENT.COM has received the applicable subscription fee.
1.3 The Model 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 interruption. Events related to maintenance, security or capacity requirements, and/or events beyond 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 Models with a platform on which to establish contact with other persons or entities, in particular model agencies. MODELMANAGEMENT.COM does not take part in any communication between Models and/or any other users of its services. If users enter into agreements with one another via MODELMANAGEMENT.COM, MODELMANAGEMENT.COM shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. MODELMANAGEMENT.COM shall not be held liable if users are unable to contact one another over MODELMANAGEMENT.COM regarding such agreements. Furthermore, MODELMANAGEMENT.COM shall not be liable for breaches of agreements entered into between users.
2. Registration on MODELMANAGEMENT.COM
2.1 Models must register prior to using the services of MODELMANAGEMENT.COM.
2.2 The Model shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Model for public display with the Model’s profile, whereas the Model’s real name will not be made publicly available. The Model shall report any changes in the registration data to MODELMANAGEMENT.COM without undue delay.
2.3 The Model warrants and represents that he or she is of legal age at the time of registration, failing which the subscription to MODELMANAGEMENT.COM is subject to requisite parent/guardian consent. In any event, persons under the age of 14 years are not permitted to use MODELMANEGEMENT.COM.
2.4 The Model shall choose a password upon registration, which is needed in order to access his/her account on MODELMANAGEMENT.COM. The Model 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 Model’s password at any time. The Model shall notify MODELMANAGEMENT.COM immediately of any unauthorized use of his/her password or account.
2.5 By completing the registration process, the Model accepts these GTCs on the use of the services of MODELMANAGEMENT.COM. MODELMANAGEMENT.COM accepts this offer by activating the services on MODELMANAGEMENT.COM.
3. Obligations of the Model
3.1 The Model is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.
3.2 The Model shall post on MODELMANAGEMENT.COM only photographs, videos, content and other materials (the “Content”) that are in compliance with the guidelines for photographs published by MODELMANAGEMENT.COM under “guidelines”. The Model warrants and represents that the public display of such Content is not prohibited. The Model agrees that Trusted Photographer may directly upload photos and videos of the Model that they take.
3.3 The Content posted by the Model shall comply with all applicable legislation, and respect all third-party rights. In particular, the Model shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).
3.4 The Model shall not distribute or publicly disclose the contents of MODELMANAGEMENT.COM, or perform any actions which may impair the operability of MODELMANAGEMENT.COM’s infrastructure, particularly actions which may overload said infrastructure.
3.5 The Model agrees that MODELMANAGEMENT.COM may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Model 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 Model at any time, unless this is unreasonable for the Model.
5. Termination of Subscription
5.1 The Model may terminate his/her subscription to MODELMANAGEMENT.COM at any time without cause. The Model may deliver notice of termination using the contact form available on MODELMANAGEMENT.COM at any time. The termination notice shall include the Model’s registered name and e-mail address.
The subscription to MODELMANAGEMENT.COM shall terminate automatically in case the Model 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 Model 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 Model. A good cause includes any the following events:
- If the Model fails to comply with any applicable legal provisions
- If the Model breaches a material contractual obligation set forth in these GTCs
- If the Model causes harm to any other user(s) of MODELMANAGEMENT.COM
5.3 In the event of a good cause in accordance with section 5.2, MODELMANAGEMENT.COM is entitled to:
- Delete the contents posted by the Model
- Issue a warning, or
- Block the Model’s access to the services on MODELMANAGEMENT.COM.
5.4 In the following cases, the Model shall not be entitled to claim reimbursement of any subscription fees paid:
- If MODELMANAGEMENT.COM has terminated the contract for good cause pursuant to section 5.2,
- If MODELMANAGEMENT.COM has blocked the Model’s access in accordance with section 5.3, or
- If the Model has terminated the agreement. However, the Model’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Model has terminated the agreement for a good cause attributable to MODELMANAGEMENT.COM.
6. Responsibility for the Model’s Content, Data or other Information
6.1 MODELMANAGEMENT.COM does not make any warranties or representations regarding any data and/or information provided or made available by any user on MODELMANAGEMENT.COM. In particular, MODELMANAGEMENT.COM does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2 The Model shall report any activities of any other user which violate applicable laws and/or any of these GTCs using the contact form available on MODELMANAGEMENT.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 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 damages suffered by the Model as a consequence of its subscription to MODELMANAGEMENT.COM if MODELMANAGEMENT.COM is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Model.
9.1 The Model shall indemnify and hold MODELMANAGEMENT.COM harmless from and against all actions, including damage claims, asserted by other users or third parties against MODELMANAGEMENT.COM resulting from an infringement of their rights by the Contents posted by the Model on MODELMANAGEMENT.COM. The Model assumes all reasonable costs MODELMANAGEMENT.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.
9.2 In the event the Contents posted by the Model infringes any rights of any third party, the Model shall, at his/her own expense and at MODELMANAGEMENT.COM’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.
10. Data Protection
MODELMANAGEMENT.COM recognizes that any personal data provided by the Model to MODELMANAGEMENT.COM is extremely important to the Model, and MODELMANAGEMENT.COM shall therefore be particularly sensitive in handling such data. MODELMANAGEMENT.COM shall comply with all applicable legal provisions regarding data protection. In particular, MODELMANAGEMENT.COM shall not provide or otherwise disclose any personal data of the Model to any third party without authorization. Details on MODELMANAGEMENT.COM's treatment of the User's 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 Model. MODELMANAGEMENT.COM shall give due notice of any amendments of these GTCs to the Model. If the Model 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 Model. MODELMANAGEMENT.COM shall inform the Model about the Model's right to object and of the relevance of the objection deadline in said notice. 11.3 Unless otherwise stated in these GTCs, the Model 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. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.