Terms
Terms for Modelome:
backNOTICE:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
Being a member on Modelome.com is for free!
1. DEFINITIONS
1.1. In these Terms and Conditions the following words have the following meanings unless the context requires otherwise
a) "Agreement" means the agreement between the User and Modelome.com incorporating these Terms and Conditions for the provision of the Service;
b) ”Applicant” a person applying for Membership
c) "Intellectual Property Rights" means all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trade marks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
d) "Modelome.com" means Attractive Media GmbH
Linprunstr. 44
80335 München
e) "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
f) "Member" means any person whose Membership has been accepted by Modelome.com and whose Membership remains valid for the time being;
g) ”Membership” the entitlement to the Services by virtue of being a Member;
h) "Other User" means any person who browses the Web Site;
i) "Posting" means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases “Post” and “Posted” shall be constructed accordingly;
j) "Profile" means the section of the containing details, photographs and/or information about the User composed and Posted by the User;
k) "Service" means the service provided by Modelome.com to the User including, but not limited to, Modelome.com allowing the User to browse the Web Site, to contact and/or to be contacted by other Members through the Web Site and/or to Post information on the Web Site;
l) ”Terms and Conditions” the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by Modelome.com at its full discretion at any time and published accordingly on the Web Site.
m) "User" means the person whose application for membership of the Service is accepted by Modelome.com.
n) "Web Site" means the web site at URL www.Modelome.com (or any such other URL that Modelome.com may use to provide the Service from at their discretion);
1.2. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
2. ELIGIBILITY
2.1. By accepting these conditions the Applicant warrants and represents to Modelome.com the following:
a) that the Applicant is over 18 years old;
b) that the Applicant has not been convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or
c) that the Applicant has not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.2. If the Applicant is not able or not willing to give the warranties and representations set out in the above clause 2.1 above then the Applicant shall not apply for Membership.
2.3. The warranties and representations set out in the above clause 2.1 shall be continuing for the duration of any Membership. Accordingly, if the Member becomes convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); or becomes subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act), then the Member must immediately notify Modelome.com and cease and desist from using the Services forthwith. The Membership shall be considered terminated immediately.
3. CONTRACT BASIS
3.1. This is a legally binding agreement between the User and Modelome.com for the provision of the Service.
3.2. The Terms and Conditions of use shall govern the Agreement between the User and Modelome.com to the exclusion of any other terms or conditions. The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by Modelome.com from time to time at their full discretion.
3.3. The Terms and Conditions as amended by Modelome.com from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
3.4. Modelome.com reserves the right to vary the Terms and Conditions at any time. If Modelome.com in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be emailed to the User two weeks in advance.
3.5. Modelome.com employees, including sub-contractors and agents of Modelome.com are not authorised to make any representations or warranties concerning the Service unless confirmed by Modelome.com in writing.
3.6. The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
3.7. Modelome.com reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User, Members or Other Users.
3.8. Modelome.com shall have the right to refuse to register applications for Membership and to terminate Memberships at any time.
3.9. The Agreement between the User and Modelome.com shall come into effect on the acceptance by Modelome.com of the application of the User for Membership. No application for Membership shall be deemed to be accepted by Modelome.com until the User has received confirmation of the Membership from Modelome.com by e-mail.
3.10. The User will not be able to contact other Members or read and reply to other Members' messages until Modelome.com has received payment.
3.11. Modelome.com reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
4. Memberships
4.1. Applying for a membership and being a member on Modelome.com is for free. By signing up you don´t have to pay anything. The User may terminate the Free Membership at any time without cause. The termination notice shall include the User’s registered name and an email address of the User registered on one of the Modelome Websites.
4.2 Premium Membership shall run for the period selected by the user when purchasing the membership. After this term, the membership will be extended by a term of the same length as the original term, unless terminated in due time by the User or Modelome. The User and Modelome may each terminate without cause Premium membership to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the contact form available on all Modelome Websites. Furthermore, both the User and Modelome may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the Modelome Websites. If Premium Membership has been terminated, the User is entitled to retain a Free Membership until this membership is terminated. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
4.3 A good cause is defined as an event which makes it unacceptable for Modelome to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Modelome against the User's. A good cause includes any the following events: If the User fails to comply with any applicable legal provisions If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC If the reputation of the services offered on the Modelome Websites is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users); If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or; If the User causes harm to any other user(s) If the User is a member of a religious sect or a denomination that is controversial in Germany. 4.4 In the event of a good cause in accordance with section 4.3 and notwithstanding Modelome´s right to terminate the contract in accordance with section 4.3, Modelome is entitled to: Delete the contents posted by the User Issue a warning, or Block the User's access to the services on the Modelome Websites.
4.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments: If Modelome has terminated the contract for good cause pursuant to section 4.3, If Modelome has blocked the User’s access in accordance with section 4.4, or If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to Modelome.5. MEMBER'S OBLIGATIONS
5.1 The User undertakes not to:
a) Post personal contact details in the relevant User’s Profile, including but not limited to the Users telephone number, address, e-mail address or URL in the relevant User’s Profile nor will the User Post any other information which would allow Other Users or Members to contact the User directly;
b) transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
c) use the Service to promote another site, service or business in any way including but not limited to Posting any personal e-mail addresses, URL's or other personal telephone numbers in the respective User’s Profile;
d) solicit other Members' business, or to buy or sell products or services through the Service;
e) misuse in any way the Service or any information Posted on the Service;
f) attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
g) Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
h) copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
i) Post any chain letters or junk e-mail to other Members;
j) in any way assign, transfer, part with or authorise any other person to use, the User’s Membership;
k) transmit, Post or email to any other Member any information, pictures or other material, which in the opinion of Modelome.com is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous or obscene; and/or
l) transmit, Post or email to any other Member any information, pictures or other material, which in the reasonable opinion of Modelome.com is capable of offending Other Users’ political or religious beliefs.
6. PROFILE
6.1. The User acknowledges that Other Users will be able to view the Profile.
6.2. Modelome.com may copy or reproduce any information Posted by the User on the Web Site in any form and in any manner as Modelome.com may think fit.
6.3. If the User decides to Posts or discloses any confidential or sensitive information about the User to Other Users, then the User does so entirely at the User’s own risk.
6.4. The User will be able to view the details and profiles of other Members.
6.5. The User warrants and represents to Modelome.com that all information Posted by the User
a) is accurate, true, complete and is not misleading; and
b) will be regularly updated by the User so that it remains accurate, true, complete and not misleading.
6.6. Modelome.com reserves the right to review the Profile from time to time and to amend or delete the entire Profile or parts of it as Modelome.com in its sole discretion think that it should be amended or deleted.
7. TERMINATION
7.1. If:-
a) the User fails to make any payment to Modelome.com when due;
b) the User breaches the terms of this Agreement;
c) the User persistently breaches the terms of this Agreement;
d) the User fails upon request to provide Modelome.com with sufficient information to enable Modelome.com to determine the accuracy or validity of any information Posted by the User; and/or
e) in Modelome.com’s reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of Modelome.com’s business, then Modelome.com shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in clause 7.2 below.
7.2. If any of the events set out in clause 7.1 above occurs in relation to The User then:-
a) Modelome.com may terminate this Agreement with immediate effect;
b) Modelome.com may immediately suspend or terminate the User’s access to the Service without notice; and/or
c) all monies owed by the User to Modelome.com shall become immediately due and payable.
7.3. Any failure by Modelome.com to enforce our rights to terminate the Agreement upon a breach of the terms of this Agreement by the User does not constitute a waiver of our rights and Modelome.com reserves to enforce our rights at any time.
8. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
8.1. All Intellectual Property Rights in the Service shall be owned by Modelome.com absolutely or any such Company as Modelome.com may designate in its sole discretion.
8.2. The User warrants and represents to Modelome.com that the information Posted in the Profile is Posted by the User and that the User is the sole author of the Profile. The User assigns assign to Modelome.com with full title guarantee all copyright in the Profile.
8.3. The User waives absolutely any and all moral right to be identified as author of the Profile and any similar rights in any jurisdiction.
8.4. Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed by law.
8.5. Except where such information is public knowledge or it is required to be disclosed by law, Modelome.com will use its reasonable commercial endeavours to keep confidential the User’s personal details such as surname, real e-mail address and credit card number(s) (where relevant) and will not disclose such information.
9. GUARANTEE
9.1. The Service is provided in its current form and Modelome.com does not guarantee that the Service or any element of the Service will meet the User’s requirements, purpose or expectations.
9.2. Modelome.com does not warrant that any of the information or material provided in the Service is accurate.
9.3. Modelome.com does not provide any warranty in respect of the Service, results, availability, or uninterrupted use of the Service.
10. USE OF THE SERVICE
10.1. The Web Site is merely a forum for Members to Post information about themselves and to allow the User to make contact with other Members through use of the Service.
10.2. The User should be aware that information Posted by other Members on their profiles respective are only a description of how they describe themselves. The User should not assume that the information contained in any Profile is necessarily correct and accurate.
10.3. Modelome.com does not have an opportunity to check that the Profiles of the Members or Other Users are correct and not misleading. Modelome.com does not make any representation or warranty that the information contained in any Profile is accurate and is not under any obligation to verify any information contained in any Profile.
10.4. Before acting on any information contained in any Profile or on any information received by the User through the use of the Service, the User must at his or her own cost and expense, carry out such investigation as the User thinks is necessary to satisfy him or herself of the truth and accuracy of such information.
10.5. If the User arranges any meetings with any person through the use of the Service then the User does so at his or her own risk. The User should take such precautions as he or she may deem necessary to ensure the User’s personal safety.
11. LIMITATIONS ON LIABILITY
11.1. Modelome.com shall have no Liability for any defect in the Service caused or contributed to by the User or any other Member.
11.2. Modelome.com shall have no Liability to the User if any monies owed by the User to Modelome.com have not been paid in full by the due date for payment.
11.3. The User shall give Modelome.com a reasonable opportunity to remedy any matter for which Modelome.com are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then Modelome.com shall have no Liability to the User.
11.4. The User shall produce to Modelome.com written evidence of any claims for which it is alleged that Modelome.com are liable together with written details of how any loss was caused by Modelome.com and the steps the User have taken to mitigate the loss before Modelome.com shall have any Liability for the claim by the User.
11.5. Modelome.com shall have no Liability to the User to the extent that the User is covered by any policy of insurance and the User shall ensure that his or her insurers waive any and all rights of subrogation they may have against Modelome.com.
11.6. Modelome.com shall have no Liability to the User arising out of the User’s use of the Service or the User’s reliance on any information or other material Posted on the Service or Posted to the User by other Members.
11.7. It is possible for Other Users or unauthorised users to obtain and misuse information about the User as a result of the User’s use of the Service. Modelome.com shall have no Liability to the User arising out of any Member's or unauthorised Other User's misuse of information or other material Posted by the User on the Service or to other Members.
11.8. Modelome.com shall have no Liability to the User for any:-
a) consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);
b) economic or other similar losses; and/or
c) special damages and indirect losses.
11.9. The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
11.10. Modelome.com’s total Liability to the User under or arising in relation to any Contract shall not exceed 5 times the amount paid by the User for the Service (if any) under that Contract or the sum of 1.000,00 Euro, whichever is the higher.
11.11. Each of the limitations or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
a) Liability for breach of contract;
b) Liability in tort (including negligence); and
c) Liability for breach of statutory duty;
except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
11.12. Nothing in this Agreement shall exclude or limit Modelome.com’s Liability for death or personal injury due to Modelome.com’s negligence or any Liability which is due to Modelome.com’s fraud or any other Liability which Modelome.com are not permitted to exclude or limit as a matter of law.
11.13. Nothing in this Contract shall exclude or limit any of the User’s statutory rights which may not be excluded or limited due to the User acting as a consumer.
11.14. Modelome.com shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside Modelome.com’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
12. INDEMNITY
The User agree to indemnify and keep indemnified Modelome.com against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Modelome.com and arising from or relating to the User’s use of the Service, information or any other material Posted on the Service by the User or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User.
13. GENERAL
13.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
13.2. Notwithstanding the above clause, this shall not apply to members of the Modelome.com Group who shall have the right to enforce this Agreement as if they were Modelome.com. Any right of a third party to enforce this Agreement may be varied or extinguished without the consent of the any such third party.
13.3. No waiver by Modelome.com of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.4. This Agreement contains the entire agreement between the User and Modelome.com. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.5. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
14. Personal information
When you sign up as a user with Modelome.com the data you give on application is registered and stored by Modelome.com.
Your information will be treated confidential and is only available to you and the database staff at Modelome.com.
Modelome.com will not distribute or sell any off your information to a third party. If there is any kind of exception we will inform you two weeks in advance.
It is your responsibility that the information is you give is correct.
Your email address will be used for correspondence in relation to Modelome.com, included Modelome.com newsletters. Newsletters can contain advertisement of Modelome.com or a partner of Modelome.com.
Cell phone numbers
You are only permitted to give your own cell phone number. It is optional to upload your number, but Modelome.com recommend that you do so as doing so enables you to get the most out off the systems functions such as various SMS services.
The processing of information
The processing of all the personal information occurs pursuant to the legislation of personal information.
We use your personal information in the following relations:
When you log into the system, so that you can get access to your personal page.
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