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Terms of Service

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Terms of Service2022-04-11T14:49:29-04:00

TERMS AND CONDITIONS GOVERNING USAGE OF MODELSCOUTS.COM

ModelScouts.com is a public access general purpose portfolio hosting and model scouting web site, as well as, a community for models, agencies, independent scouts, photographers, makeup artists, stylists and industry professionals. ModelScouts.com provides a hosting service for person to person display, marketing, and communication on a professional level between models, agents, scouts, photographers, makeup artists, stylists, and industry professionals. By using and accessing ModelScouts.com, you agree to abide by international copyright law protecting all images, graphical, and written content on this site. It is the responsibility of the user to abide by this agreement and site guidelines.

By using ModelScouts.com you agree to the following terms and conditions that govern all of its members and site users. You also agreed to this contract between you, the user, and ModelScouts.com when you clicked the “I agree” box during signup or if you are a non-member browsing ModelScouts.com.

Disclaimer: The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER MODELSCOUTS.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CASTING, JOB OFFER, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.

In accordance with the Children’s Online Privacy Protection Rule you as the parent or guardian of a minor under the age of 13 have read and agree to the terms of use, and take full responsibility for the minor based on the information below. ModelScouts.com collects each e-mail, address, telephone number, age, height, hair color, and, eye color for children 13 and under directly through the ModelScouts.com sign-up page. The child’s telephone number, e-mail and exact address are not displayed publicly, only the major city location, height, hair color, and age range are displayed publicly for the purposes of modeling and talent agents, scouts, and industry professionals to view, and contact the child for castings.

ModelScouts.com will never require a child to disclose more information than is reasonably necessary to participate in an activity as a condition of participation. Agents, and/or industry professionals, as a third party, may request a child’s information for a booking or casting, ModelScouts.com will not make this information available to agents, or anyone requesting it, without first receiving permission from you, the parent/guardian, via e-mail. ModelScouts.com is not responsible for or liable to the actions of any third party who is not under any contract or agreement with ModelScouts.com other than the terms and conditions set forth here. You, the parent/guardian can review the child’s personal information, ask to have it deleted and refuse to allow any further collection or use of the child’s information. Simply send an email to us with such requests.

This Service and its Sites may include portfolio booking forms, bulletin boards, forums, member messages, and/or member comments which may allow you, and other users to post information, provide feedback to ModelScouts.com, and its affiliates, and interact in real-time. ModelScouts.com reserves the right to cancel and remove immediately and without notice any member’s account should the member post or transmit on the ModelScouts.com website or on social media sites any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would violate the rights of others, constitute a criminal offense, promote or display guns, knives, weapons of any kind, violate any applicable local, state, national or international law. Any content posted in the member messages as a casting or otherwise is done solely by the user, and is the full responsibility of the user, and any and all recipients.

No member’s e-mail address or phone number will be made public through our service or in any member messages, if a member chooses to provide their email address in a message through ModelScouts.com it is done so without the approval of ModelScouts.com.

As a member of ModelScouts.com you will have the ability to post links on your portfolio page to personal social media websites such as Facebook, Twitter, and Instagram. As such the member understands that individuals from outside the ModelScouts.com platform, who have neither been vetted nor supplied personal information to ModelScouts.com, will be able to contact you outside of the ModelScouts.com platform. Any correspondence, agreements, personal exchanges or meetings with individuals who contact the member through social media links posted on ModelScouts.com is solely the members’ responsibility. ModelScouts.com, Models and Talent.com, nor its subsidiaries, divisions, affiliates, agents, representatives or licencors make any representation as to the legitimacy of any individual, agency, agent, scout, or industry professional, and they shall not be liable to anyone for any loss, injury, direct or indirect, incidental, consequential, special, punitive, or similar damages arising from information received or sent, either directly or indirectly through member messages or portfolio pages. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way.

You will be responsible for, and indemnify and hold harmless ModelScouts.com, Models and Talent.com, its subsidiaries, divisions, affiliates, agents, and representatives against, any claim arising from any material that you post or transmit. Although ModelScouts.com and its affiliates may from time to time monitor or review member messages, discussions, chats, postings, transmissions, and/or bulletin boards on the Site, neither ModelScouts.com nor its affiliates is under any obligation to do so. ModelScouts.com reserves the right to change or modify portfolio information, member messages, and/or message postings as needed, and without notice. You acknowledge that ModelScouts.com and its affiliates do not control the information available or sent in member messages, on bulletin boards or blog posts, and that any opinions, advice, statements, services, offers or other information or content presented or disseminated in any way on the Site, are those of their respective authors who are solely liable for their content. ModelScouts.com and its affiliates reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links, email addresses, images, and content submitted to, or posted in member accounts, portfolios, composite cards, or, elsewhere on the Site. ModelScouts.com and its affiliates reserve the right, in their sole discretion, to deny access to the Site and member accounts.

ModelScouts.com has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted throughout the site. Your use of the Service and the Sites is at your own risk. NEITHER MODELSCOUTS.COM, MODELS AND TALENT.COM., NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MODELSCOUTS.COM AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREOF. DUE TO THE INSTANT ACCESS NATURE OF THE MODELSCOUTS.COM WEB SITE AND SERVICE, MODELSCOUTS.COM WILL NOT BE RESPONSIBLE FOR REFUNDING ANY CREDIT CARD PAYMENT, PAYPAL PAYMENT OR PAYPAL WITHDRAWS. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PAYPAL AND MODELSCOUTS.COM AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS FOR PAYMENTS AND/OR COMPENSATION CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREOF.

Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant ModelScouts.com and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose during and after the term of your membership and/or subscription with ModelScouts.com.

ModelScouts.com, and its affiliates, do not review or monitor any web sites linked to the Service or from personal portfolios on this site. When clicking links to personal pages from ModelScouts.com all users of the system acknowledge that ModelScouts.com is not responsible for the accuracy or content of those links. You agree to not post URLs and other web links in any form, into your member account, composite card, or the main portfolio page as links or text, that lead to ADULT SITES or Pay Sites. ModelScouts.com reserves the right to remove from its sites any references or portfolios containing Adult Sites or Pay Sites without notice. Additionally certain links to sites, or the use of links and web addresses, or the use of html formatting and scripting in certain portfolio types, as determined from time to time by ModelScouts.com, may not be permitted, and ModelScouts.com retains the right to remove such content without notice.

ModelScouts.com is under no obligation to provide exposure to competing sites through links or other methods in members’ accounts, and may remove those, at its discretion, and without notice. The ModelScouts.com database system is intended for work related offers and general inquires related to or leading to work or further discovery. Promotion of services and goods is not an appropriate use of the referral system. ModelScouts.com permits one main member portfolio per person. Managers, agents, and photographers who have been authorized to post on behalf of their clients may control Model and Actor portfolios in addition to their manager, agent or photographer portfolio.

It is against ModelScouts.com policy to allow competitor portfolio sites to solicit ModelScouts.com members from an account at ModelScouts.com. Any competing portfolio site or online agency site that signs up at ModelScouts.com, and then actively solicits ModelScouts.com members to join their competing website or online agency, may have their account deactivated at ModelScouts.com discretion, without notice, and without refund.

The promotion and recruitment of escorts, escort services, personal companions, etc., are contrary to the purposes of ModelScouts.com, and will not be tolerated under any circumstances. Soliciting for, recruiting, or offering the services of escorts or dates on this site is strictly prohibited. Portfolios that are used for the solicitation or promotion of escort or dating 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 or dating services, and any other activity that the staff of ModelScouts.com deems as solicitations, promotions, or offers.

ModelScouts.com has a strict policy regarding the posting of semi-nude, nude, sexually suggestive and explicit images to its web pages. Semi-nude, nude, sexually explicit or suggestive images, as determined by ModelScouts.com, will not be permitted on this Site. ModelScouts.com reserves the right to remove content that it deems in violation of this policy from its Site without notice. ModelScouts.com may, at its discretion, deactivate the member’s account, without notice, and without refund, if the member continues to violate this policy.

ModelScouts.com does not support bandwidth theft, the linking of images from ModelScouts.com to other sites, or the misuse of links from other sites to ModelScouts.com. Anyone found linking images from ModelScouts.com to other sites, copying content from ModelScouts.com, or inappropriately linking to ModelScouts.com (to increase their views – through use of hidden frames, or using programs to artificially raise page views, etc.) will result in permanent REMOVAL from ModelScouts.com without notification, and may necessitate the notification of the appropriate State and/or Federal authorities.

You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, blog post, or member message, 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.

As a member of ModelScouts.com you may receive email updates and be contacted by other members seeking to work with you, and you may receive occasional emails from ModelScouts.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. We endeavour to limit email contact as much as possible from the system administrators, however when email is sent and returned with an email bad address, we will attempt to locate a correct address from any linked web site, and failing that your portfolio will be disabled (if you discover your portfolio has been disabled because of bad contact information, please contact us with the correct information and we will re-activate your portfolio.)

USAGE: As a member of ModelScouts.com you give your express permission to ModelScouts.com to use your photographs and/or other likenesses to promote you to international agencies, clients, photographers, and the reputation and services of ModelScouts.com, and/or its affiliated companies during and after the expiry of your membership.

CANCELLATIONS: Members may cancel their membership at any time by logging in and clicking the CANCEL button inside the member account dashboard. Cancellations MUST be made through the member account dashboard. Cancellations requests by email, phone, or any other method outside the member account dashboard will not be accepted. The member acknowledges that once they click the cancel button all photos and information pertaining to their account will be immediately and permanently deleted. Should the member wish to re-establish their account they must create a new account at which time applicable fees will apply.

REFUND POLICY: Because of the immediate access nature of the internet and our website, and since the member gets immediate and full access to the site, and its services, and/or products, we have a NO REFUND POLICY. Since you cannot physically return our member services of an online portfolio, Photo Submit Service, or Personal Coaching, we DO NOT give refunds at any time.

PHOTO SUBMIT REPORT SUBMISSIONS: It is the model’s sole responsibility to activate the Photo Submit Service located inside the member dashboard. Activation of the Photo Submit Service may be performed at anytime during the model’s one year term, but MUST be activated no later than 10 business days before the expiry of the model’s membership.

GUARANTEE: ModelScouts.com guarantees that your photos will be reviewed and evaluated by top modeling agents and scouts representing over 250 top international modeling agencies, and the results of your Photo Submit Report will be completed and uploaded to your account within 10 business days from the date of submission. We cannot guarantee what the responses of the agents and scouts will be to your photos as this is beyond our control.

INTELLECTUAL PROPERTY: The information supplied and transmitted to members in the Photo Submit Service Report is intended only for the person to whom it is addressed and contains confidential work product and/or privileged material. All content contained in the Photo Submit Report is the intellectual property of ModelScouts.com. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, the information supplied in the Report, without the express written permission of ModelScouts.com, is prohibited.

This User Agreement, and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, International laws. By your usage of, or your posting to, this site constitutes your agreement to, but not limited to, the current conditions listed in this agreement.

If you are 13 years or younger, you must have a parent, or a legal guardian enter and approve all information, and ensure that the parent or legal guardian’s email address and contact information is used at all times. ModelScouts.com reserves the right to change and modify these usage rules as appropriate, and without notice.

Violation of these Terms and Conditions will cause your membership to be terminated without a refund. Please Note: By signing up for any of our services you agree to be bound by all ModelScouts.com terms and conditions.

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