Welcome to ModelJobs.US - the
new concept in human resources. By using ModelJobs.US, (the Web site)
you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member (Member). If you wish to become
a Member, communicate with other Members, and make use of the ModelJobs.US
service ("Service"), read these Terms of Use and follow the
instructions in the Registration process. This Agreement sets out the
legally binding terms for your membership and may be modified by ModelJobs.US
from time to time. Any modifications shall be effective upon posting
by ModelJobs.US on the Web site. You may also receive a copy of this
Agreement by emailing us at: contact@ModelJobs.US.com, Subject: Terms
of Use Agreement.
This website is intended to advertise
Models / promoters from all over the world for their own use, as a tool
to help every model/promoter to improove their chances to get jobs.
ModelJobs will try, but does not guarantee, to get jobs for the models/promoters.
In exchange for its advertisement services, the Model / Promoter allows
ModelJobs to charge a member fee to the visitors of website in order
to gain access to the photographic material. The visitors DO NOT gain
access to the contact information of the Models / Promoters.
1. All models/promoters subscribe
to ModelJobs by their own free will and autorize ModelJobs to publisize
the photographic material submited by every model/promoter. The photographic
material is password protected in the members area. The members area
is accesible by two means.
- ModelJobs gives express access to the visitor and current clients.
- The visitor can gain access paying with his own credit card.
2. Eligibility. THE WEBSITE IS
INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 13 YEARS OF AGE AND
OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU
ARE AT LEAST 13 YEARS OLD. By using the Web site, you represent and
warrant that you have the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms and conditions of this
Agreement. If you are merely surfing or browsing through the site and
have not yet registered to become a member, your use of the Website
is still subject to the Terms of Use; if you do not agree to the Terms
of Use, do not use the Website.
3. Term. This Agreement will remain
in full force and effect while you use the Web site and/or are a Member
of ModelJobs.US. You may terminate your membership at any time, for
any reason by following the instructions on the FAQ
page, or upon receipt by ModelJobs.US of your written or email notice
of termination. ModelJobs.US may terminate your access to the Web site.
ModelJobs.US may terminate your membership for any reason effective
upon sending notice to you at the email address you provide in your
application for membership or such other email address as you may later
provide to ModelJobs.US. If ModelJobs.US terminates your membership
in the ModelJobs.US Service because you have breached the Agreement,
you will not be entitled to any refund of any unused Subscription fees.
Even after this Agreement is terminated, certain provisions will remain
in effect including sections 4,5,7,9 -14, inclusive, of this Agreement.
4. Non-Commercial Use by Members.
The ModelJobs.US Web Site is for the personal use of individual members
only, and may not be used in connection with any commercial endeavors.
This includes providing links to other websites, whether deemed competitive
to ModelJobs.US or otherwise. Organizations, companies, and/or businesses
may not become Members of ModelJobs.US and should not use the ModelJobs.US
Service or Web Site for any purpose. Illegal and/or unauthorized uses
of the Web Site, including unauthorized framing of or linking to the
Web Site will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive
redress.
5. Proprietary Rights in Content
on ModelJobs.US. ModelJobs.US owns and retains all proprietary rights
in the Web Site and the Service. The Web Site contains the copyrighted
material, trademarks, and other proprietary information of ModelJobs.US,
and its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may
not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
6. Content Posted on the Web Site.
You understand and agree that ModelJobs.US may review and delete any
content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of ModelJobs.US violate this Agreement or
which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of other Members. You are solely responsible
for the Content that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members. By posting Content to
any public area of ModelJobs.US, you automatically grant, and you represent
and warrant that you have the right to grant, to ModelJobs.US an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal
or prohibited on the Web Site. ModelJobs.US reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing
the offending communication from the Service and terminating the membership
of such violators.
It includes Content that:
a. is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
d. promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
e. promotes an illegal or unauthorized copy of another persons copyrighted
work, such as providing pirated - computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
f. contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page) ;
g. displays pornographic or sexually explicit material of any kind;
h. provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under
18;
i. provides instructional information about illegal activities such
as making or buying illegal weapons, violating someones privacy, or
providing or creating computer viruses;
j. solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and engages in commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable
laws and regulations. You may not include in your Member profile any
telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members
to buy or sell any products or services through the Service. You may
not transmit any chain letters or junk email to other Members. Although
ModelJobs.US cannot monitor the conduct of its Members off the Web Site,
it is also a violation of these rules to use any information obtained
from the Service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, ModelJobs.US reserves the right
to restrict the number of emails which a Member may send to other Members
in any 24 hour period to a number which ModelJobs.US deems appropriate
in its sole discretion.
7. Copyright Policy. You may not
post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted
on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Web Site; your address,
telephone number, and email address; a written statement by you that
you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. ModelJobs.USs Copyright Agent for
notice of claims of copyright infringement can be reached by writing
the following:
8. Member Disputes. You are solely
responsible for your interactions with other ModelJobs.US Members. ModelJobs.US
reserves the right, but has no obligation, to monitor disputes between
you and other Members.
9. Privacy. Use of the ModelJobs.US
Web site and/or the ModelJobs.US Service is governed by our Privacy
Policy.
10. Disclaimers. ModelJobs.US
is not responsible for any incorrect or inaccurate Content posted on
the Web site or in connection with the Service, whether caused by users
of the Web site, Members or by any of the equipment or programming associated
with or utilized in the Service. ModelJobs.US is not responsible for
the conduct, whether online or offline, of any user of the Web site
or Member of the Service. ModelJobs.US assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user or Member communications.
ModelJobs.US is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet
or at any web site or combination thereof, including injury or damage
to users and/or Members or to any other person's computer related to
or resulting from participating or downloading materials in connection
with the Web and/or in connection with the Service. Under no circumstances
will ModelJobs.US be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Web site or the
Service, any Content posted on the Web site or transmitted to Members,
or any interactions between users of the Web site, whether online or
offline. The Web site and the Service are provided "AS-IS"
and ModelJobs.US expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. ModelJobs.US cannot guarantee and does
not promise any specific results from use of the Web site and/or the
Service.
11. Limitation on Liability. Except
in jurisdictions where such provisions are restricted, in no event will
ModelJobs.US be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Web site or the Service,
even if ModelJobs.US has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, ModelJobs.USs
liability to you for any cause whatsoever, and regardless of the form
of the action, will at all times be limited to the amount paid, if any,
by you to ModelJobs.US for the Service during the term of membership.
12. Disputes. If there is any
dispute about or involving the Web site and/or the Service, by using
the Web site, you agree that the dispute will be governed by the laws
of the Peruvian Laws without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the courts in the
city of Lima, Peru.
13. Indemnity. You agree to indemnify
and hold ModelJobs.US, its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the Service in violation
of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth above.
15. Other. This Agreement, accepted
upon use of the Web site and further affirmed by becoming a Member of
the Service, contains the entire agreement between you and ModelJobs.US
regarding the use of the Web site and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.