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| Terms and Conditions |
BACKGROUND:
This agreement applies as between you, the User of this Web Site and photomodel.com, the owner(s) of this Web Site Photo Model Ltd. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"PhotoModel.com" - means the website;
"Service" - means means collectively any online facilities, tools, services or information that photomodel.com makes available through the Web Site either now or in the future;
"System" - means any online communications infrastructure that photomodel.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User / Users" - means any third party that accesses the Web Site and is not employed by photomodel.com and acting in the course of their employment; and
"Website" - means the website that you are currently using (http://photomodel.com) and any sub-domains of this site (e.g. subdomain.photomodel.com) unless expressly excluded by their own terms and conditions.
1 - Acceptance of Terms
1.1 - Your access to and use of PhotoModel.com (‘the Website’) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 - We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 - The Services
The Website may provide communication tools such as image galleries, administration areas, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (‘the Services’) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 - Intellectual Property
3.1 - All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text,graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of photomodel.com, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
3.2 - Subject to sub-clause 3.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by photomodel.com.
3.3 - Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
4 - Child Supervision
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Website/Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself of your children via any of the Services.
5 - Privacy Policy
5.1 - We are committed to responsible data management and subscribe to the principals of the data protection legislation in the UK. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
5.2 - PhotoModel.com or any companies associated with PhotoModel.com cannot be held responsible for unsolicited email or ‘spam’ sent to a member's email address.
6 - User Account, Password and Security
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will PhotoModel.com or any companies associated with PhotoModel.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
7 - Acceptable Use
7.1 - You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. PhotoModel.com or any companies associated with PhotoModel.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
7.2 - In using the Website/Services you agree not to:
7.2.1 - use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
7.2.2 - post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
7.2.3 - post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
7.2.4 - threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
7.2.5 - use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
7.2.6 - make unavailable or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
7.2.7 - collect or store personal information about others, including email addresses;
7.2.8 - advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
7.2.9 - impersonate any person or entity for the purpose of misleading others;
7.2.10 - violate any applicable laws or regulations;
7.2.11 - use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
7.2.12 - post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
7.2.13 - attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
7.3 - We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
7.4 - The Promotion and Recruitment of Escorts, Escort Services, Personal Companions, (etc.) are contrary to the purposes of PhotoModel.com, and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this site is strictly prohibited. Portfolios that are used for the solicitation or promotion of escort services in ANY way will be immediately disabled with no refund. This includes (but is not limited to): Use of the referral system, hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that the staff of PhotoModel.com deems as solicitations, promotions, or offers
7.5 - PhotoModel.com has a stated policy regarding the posting of sexually explicit images to its web pages. Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal (erections), or overt sexual positions (such as noticeably visible or spread genitalia). Tasteful male full frontal nudity is acceptable as long as the penis is flaccid and not being touched. Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member portfolio. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and gross violations may result in the removal of your portfolio.
7.6 - You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) anywhere on the website, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster. Note that once the search engines have cached a page it may remain on their servers for a considerable period of time.
7.7 - As a member of PhotoModel.com - you will be contacted by other system members seeking to work with you, as well as occasional emails from PhotoModel.com. As new features or member programs and promotions are developed and launched you will be informed via the postings to the site and also by email.
8 - Links To Third Party Websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that PhotoModel.com or any companies associated with Pho9oModel.com is not responsible for the content or availability of any such sites.
9 - Indemnity
You agree to indemnify and hold PhotoModel.com or companies associated with PhotoModel.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against PhotoModel.com or any companies associated with PhotoModel.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by PhotoModel.com or companies associated with PhotoModel.com in consequence of your breach of these Terms and Conditions.
10 - Disclaimers and Limitation of Liability
10.1 - Use of the Website/Services is at your own risk. The Website/Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.2 - To the extent permitted by law, PhotoModel.com and companies associated with PhotoModel.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
10.3 - PhotoModel.com or companies associated with PhotoModel.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
10.4 - PhotoModel.com or companies associated with PhotoModel.com is not responsible in any way for any artwork sales that you or third parties may engage in.
10.5 - PhotoModel.com or companies associated with PhotoModel.com reserve the right to refuse use of the Services.
10.6 - PhotoModel.com or companies associated with PhotoModel.com reserve the right to refuse or remove images or text posted on the Website.
11 - Member Content: Ownership & Licenses
We do not claim ownership rights over your Member Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the PhotoModel.com Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the PhotoModel.com Services and it will terminate at the time you remove or we remove such Member Content from the PhotoModel.com Services. You grant each user of the PhotoModel.com Services a non-exclusive license to access your Member Content through the PhotoModel.com Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the PhotoModel.com Services and under these Terms of Use.
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the PhotoModel.com Services by PhotoModel.com and/or its members, PhotoModel.com is under no obligation to delete or ask or require other PhotoModel.com members to delete that Member Content, and therefore, it may continue to appear and be used through the PhotoModel.com Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.
12 - Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13 - Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@photomodel.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14- Governing Law
These terms and conditions and the relationship between you and photomodel.com shall be governed by and construed in accordance with the Law of England and Wales and photomodel.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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