TERMS & CONDITIONS

We are delighted in offering you access to the Model Hires Website www.modelhires.com (the “Site”) and by visiting, and using the Site, you agree, without limitation or qualification, to be bound by these Terms Of Use (the “Terms”), the Model Hires Privacy Policy (the “Privacy Policy”) and the Model Hires Cookie Policy (the “Cookie Policy”) incorporated herein by reference. Throughout the Site, the words “we”, “us” and “our” refer to Model Hires.

Please read the Terms carefully before using the Site as proceeding to use the Site signifies that you have read and understand the Terms, without reservation. If you do not agree or do not understand what this means, please leave now. The Terms are applicable to all website pages on the Site.

INTRODUCTION

The Site is not a model agency. The Site is a website platform that offers Fashion Models, Agents, Artists, Brands & Creatives (the “Users”) access to connecting through the Site. By accessing or using the Site in any manner, including, but not limited to visiting or browsing the Site or contributing content to the Site, you agree to be bound by the Terms. Capitalized terms are defined in this Agreement.

By agreeing to the Terms you also confirm that:

You agree, and confirm, that your use of the Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Site due to any restriction, including any age restriction;

• You understand the standards and laws regarding access, and use of the Site, and your solely responsible for your actions;
• You discharge the Site, its owner(s), and its moderators from all liability which might arise from your use of the Site;
• You agree not to download, copy, save, cut, paste, sell, license, rent, lease, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code, or content on or from the Site without the prior consent of the actual owner(s) of the material/s;
• You understand that any advertisements presented on the Site are solely for informational purposes and that the Site does not evaluate, sponsor, or endorse any of the services and service providers that appear on the Site, nor is the Site affiliated with them, and therefore accepts no responsibility for any advertisement or profile displayed on the Site;
• You will not attempt to bypass any security of the Site and understand that accessing the Site constitutes an implicit acceptance of the Terms;
• The Site can revise the Terms at any time. Please read the Terms any time you visit the Site, since the Terms are subject to change and are binding to you; and
• You confirm you have carefully read all the Terms.

CREDIT CARD PAYMENTS

General:

• The Terms apply to all credit card payments made to the Site;
• By making a credit card payment to the Site, or by requesting Electronic Communications, you accept the Terms; and
• The Site may amend the Terms at any time by posting the amendment on the Site at least 30 days prior to the effective date of change.

Authorization:

• By entering your credit card information, you are stating that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate; and
• You authorize the Site to charge the amount you have requested to your credit card.

Confirmation of Payment:

• By clicking “Submit” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to the Site.

ACCEPTABLE USE

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

You must not use the Site for any purposes related to marketing without our express written consent.

ADVERTISERS

Those parties, be it models, agents, artists or brands (the “Advertisers”) who pay to publish a profile on the Site, agree that the published material is advertising.

ADVERTISERING

Photos, text copy, images, audio material, video material and audio-visual material (the “Material”) published in advertisements on the Site are provided by the Users who are registered members of the Site, and who are solely responsible for the Material published in advertisements, and who are required by the Site to be the legal owner of the Material.

The Advertisers are not allowed to upload fake photos or fake videos and if we find such a profile the whole account will be deleted immediately.

As the administrator of the Site we verify the Advertisers, however, the Site cannot and does not make any guarantees or warranties relating to any published material.

THE MATERIAL

Within the Terms, “your content” means “your material” (including, without limitation, photos, text copy, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, translate, and to publish your material on the Site or in any existing or future media used by us to promote the Site. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with the Terms.

Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Any material promoted by Advertisers that shows signs of fraud, extortion and other criminal activities will be removed and blacklisted with immediate effect.

You must not submit any content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Site, or stored on our servers, or hosted or published on the Site.

EXTERNAL LINKS

Because external links are not owned and controlled by the Site, we strongly advise you read the Terms and Privacy Policy of any third-party site that you may visit.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

MERCHANT

Model Hires is the registered merchant.

GOVERNING LAW AND JURISDICTION

By using the Site you agree that all matters relating to the Site and the Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal substantive laws of the State of New York without giving effect to any choice of law provision (whether of the State of New York or any other jurisdiction); and

By using the Site you agree that at our sole discretion, we may require you to submit any disputes arising from the Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of JAMS then in effect and located in the City and County of New York, provided that Model Hires may enforce its rights under the Agreement in any other court of competent jurisdiction outside of the courts of the State of New York.

MODEL HIRES IS GENERALLY ACCESSIBLE TO ALL, BUT YOU CANNOT USE MODEL HIRES IF:

• You are under 16 years old; or
• You are prohibited from receiving our services or software under relevant laws in your jurisdiction.

LIABILITY

The operators of the Site do not control, supervise, verify, investigate, or authenticate any of the content, communications, or representations made by any third-party sites, so we strongly advise you read the Terms and the Privacy Policy of any third-party site that you visit. We do monitor and verify all material published by the Advertisers however we are not liable for the content, communications or representations published by the Advertisers on the Site.