Terms of service
Welcome to Model Club!
Model Club (the "Site") is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the "Model Club Services").
Content on the Site
You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Model Club, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Model Club Services. We do not control the Content posted through the Model Club Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Model Club Services are not necessarily those of Model Club or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the Model Club Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Model Club Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Model Club Services.
Responsibility for Your Content (Member Content)
Because Model Club does not permit infringement of intellectual property rights through the Model Club Services, we will remove all Member Content if properly notified that such Site Content or Member Content infringes on another's intellectual property rights and at our sole discretion.
Model Club does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates the Rules, here below, or material contrary to applicable local, national, and international laws and regulations.
We like to keep it simple and tell this in our own words :
The purpose of this site is to allow artists to connect with other artists and create great art. Generally, don't be an obstacle to that process: help the newbies, don't bug the old farts, keep it professional, give clear warnings for images that aren't work safe, don't post bullshit casting calls, respect each others' humanity, know that when you call someone a name you've lost the argument, keep the spam in the cupboard or pay up for an advertisement, playing devil's advocate is cool but trolling is not, don't crack the site, all members (including moderators) deserve your R-E-S-P-E-C-T, your point of being a member should really be about the modeling community and nothing else, etc. Please help us make this a safe and fun environment for artistic collaboration and growth.
Member Content: Ownership & Licenses
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Model Club Services by Model Club and/or its members, Model Club is under no obligation to delete or ask or require other Model Club members to delete that Member Content, and therefore, it may continue to appear and be used through the Model Club 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.
Permitted Use of Content
The content associated with the Model Club Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("Site Content") and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to Model Club, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, Model Club does not grant you any express or implied rights, and all rights in and to the Model Club Services and the Site Content are retained by Model Club.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any Model Club member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
In order to participate in the Model Club Services, you must create an account and become a Model Club member. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member's right to use the Model Club Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Model Club of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
- Act as an agent, affiliate or representative of the Model Club Services and utilize the Model Club Services or Member Content or Site Content for any commercial purpose other than for which the Model Club Services is intended without our express written permission,
- Access, monitor or copy any content or information of the Model Club Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
- "Frame," "mirror" or otherwise incorporate any part of the Model Club Services into any other website without our prior written permission.
You agree not to use the Model Club Services for any commercial use, without the prior written authorization of Model Club. Prohibited commercial uses include any of the following actions taken without our express approval:
- Sale of access to the Model Club Services on another website,
- Use of the Model Club Services for the primary purpose of gaining advertising or subscription revenue,
- Sale of advertising on the Model Club Services or any third-party website, targeted specific Member Content or Site Content, and
- Use of the Model Club Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Model Club Services, Site Content, or Member Content.
Unauthorized commercial uses do not include uploading Member Content to the Model Club Services to promote your business or artistic enterprise, or any use that Model Club expressly authorizes in writing.
In addition, the following behaviors or activities are strictly prohibited when using the Model Club Services by any member or Model Club Services user:
- Strong, vulgar, obscene or otherwise harmful language,
- Racially, ethnically or otherwise, objectionable language,
- Harassing, intimidating, stalking or threatening other Model Club members,
- Libelous, defamatory or otherwise tortious language,
- Online vandalism,
- Impersonation of another person,
- Posting, distributing, transmitting or promoting illegal Content,
- Invasion of another's privacy,
- Actions that are hurtful to minors,
- Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
- Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Model Club Services.
Termination of Service
Membership Fees / Refund Policy
Membership fees are charged up-front. Model Club does not provide refunds or credits for any membership fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect at the end of the then-current billing cycle. We may offer other paid services or features associated with the Model Club Services, subject to specified terms and conditions, which are incorporated by this reference.
The Model Club Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that Model Club is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that the Model Club Services are provided "AS-IS" or "AS AVAILABLE," and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Model Club Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Model Club members or users of the Model Club Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
If you promote a contest, sweepstakes or giveaway on Model Club without our express, advanced approval, you do so at your risk and you assume all risk and liability; you further agree to hold Model Club harmless from any claim, demand or damages.