1.The operator of the Company is ModelAndTalentServices.com, ModelAndTalentServices.com/ is an online portal that creates a way for models and talent and Vehicle Owners(ModelAndTalentServices) to network and connect with the top casting agencies and professionals in the entertainment field.. ModelAndTalentServices/ is an interactive networking tool where models and talent can get up to date auditions and castings available, along with a virtual online profile that will help to get exposure and extend their social network.
2.The Purchaser represents and warrants that the credit information given is correct.
3.The Purchaser acknowledges that the Company may assign the Purchaser's obligation to make payments to a third party (" the Assignee")
4.The Purchaser agrees to prepay and purchase the services indicated for the price indicated. The Purchaser acknowledges that all services must be used and that if the Purchaser does not use all of the services there will not be refund or release from obligation to pay for the remaining services.
5. Client agrees that payments will be automatically renewed unless they are canceled by the customer. The customer further agrees that he/she can cancel at anytime ,but he/she has to cancel his/her future payment agreement with future payment facilitator (PayPal),otherwise he/she will be responsible for the next payment.
6.The Company shall not be liable for theft or loss or damage to the personal property or effects.
7. The Purchaser fully understands and agrees that the Company is prohibited by the law to guarantee the Purchaser or the perspective Purchaser that their participation in the Company's program will result in monetary benefits. The Purchaser understands that the Company is solely an intermediary and offers services to the Purchaser, which may assist the Purchaser, but neither the Company nor anybody acting on its behalf has induced or in any way deceived the Purchaser into entering into this agreement and the Purchaser does so solely of his/hers own volition after giving due consideration to the risks and costs related to their involvement in the programs offered by the Company.
The Purchaser agrees that upon acceptance of this agreement and the payment of all fees and costs related to this agreement, he or she have entered into a binding Agreement which cannot be later revoked and there is no obligation on the part of the Company to grant refund in the event that the Purchaser later decides to withdraw from this agreement. The Purchaser further acknowledges that the fees and charges paid by he/she are fair and reasonable and represent value of the services performed by the Company. The Purchaser acknowledges that he/she has had the opportunity to have all questions answered to his/her complete satisfaction prior to accepting this Agreement and that he/she is satisfied that he/she has no further concerns or claims regarding the terms of this Agreement and the nature of the services to be performed by the Company. In the event that the Purchaser should subsequently wish to rescind this agreement in the court of law this Agreement may be pleaded as a bar to any claim made by the Purchaser.
8.The Company reserves the right to change the fees it charges or to change the date or time of any photography shoot, multimedia productions or web publishing dates at absolute discretion of the Company.
9.The Purchaser waves any rights to inspect or to approve photographic or other visual material or advertising copy or produced matter that may be produced by the Company or others in conjunction therewith, and in the future wave any claims that the Purchaser may have with respect to the eventual use to which it may be applied. The Purchaser hereby release, discharge and agree to save the users, their licensees and assigns from and against any and all liability in conjunction with the use of such a material, publish on web, printed or otherwise even should same subject Purchaser to ridicule, scandal, reproach, scorn or indignity and from any liability as a result of any distortion, blurring, alteration, optical illusion, or use in other form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the finished product or it's publication or distribution.
10.The Company acts only as a registration service and it's obligations to members and liabilities are limited to those set forth in this agreement.
11.The Company is not responsible for the actions of its members or for the actions of third parties.
12.The Company shall be indemnified from any claims by members as a result of the third parties.
13.The Company shall be indemnified from any claims by third parties as a result of the actions of its members. The Purchaser (the Member) will indemnify and hold harmless the Company from any claims arising from any physical damage incurred to member's vehicle or bodily harm member sustains while working with third parties, as well as indemnify and hold harmless The Company from any claims arising from physical damage or bodily harm member may cause while working or associating with third party.
14.The Company acts only as a broker between the Purchaser (the Member) and the third parties for the rental of those vehicles and maybe others that Purchaser have listed with the Company and its obligations to Members and liabilities are limited to those set forth in this agreement.
15.Member will indemnify and hold harmless the Company from any claims arising from the release of members personal and/or vehicle information with third parties that the Company deemed necessary to facilitate the rental of Member's vehicle.
16.This Agreement is not transferable by the Purchaser.
17.The Purchaser acknowledges that this agreement contains the entire agreement between the Purchaser and the Company and that there are no representation, warranties or conditions, expressed or implied other then as contained herein. This Agreement maybe modified only by an instrument in writing.
18. All references in this Agreement to the "Company" shall be deemed to include its representatives and agents. ModelAndTalentServices.com/.com
19.ModelAndTalentServices/ is not responsible for any inappropriate, inaccurate, lewd, violent, or otherwise offensive content that any Member includes in their portfolio, photos, audio or video, or messages. However, we reserves the right to monitor communications between you and other Members as well as all content posted on the Portfolio, including text, photos, video and audio clips. Any content - including messages to other Members or Guests - may be rejected if they contain material that ModelAndTalentServices/ considers inappropriate. You are solely responsible for your interactions with other Members, Guests, Casting Directors, or Photographers.
Inappropriate content is considered:
1. Sharing casting call information with non-paying members.
2. Content that is not your own, copy written, or is used without permission. This includes text, photos, audio clips and videos.
3. Using curse words or abusive or violent language.
4. Soliciting other members for contact information.
5. Repeatedly sending the same or similar messages to one Member.
6. "Spamming" or sending out mass messages to other Members, including advertising, chain letters or junk email to other Members.*
7. Providing your own phone number or home or work address in your portfolio or messages.
8. Disclosing your password to any third party or permitting any third party to access your account.
9. Soliciting other members to engage in criminal activity including child pornography, stalking, fraud, trafficking in obscene material, gambling, drug dealing, harassment, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
10. Attempting to impersonate another Member or person.
11. Selling or otherwise transferring your portfolio.
12. Any automated use of the system to add contacts, messages, etc.
13. Using any information obtained from ModelAndTalentServices/ to harm, demean or offend any other person.
14. Using ModelAndTalentServices/ services in a way that breaks laws and regulations that apply to you.
15. Using ModelAndTalentServices/ services for any commercial purposes (no member can solicit another member for casting purposes without first signing up as a Casting Director/Booker with ModelAndTalentServices/.
If a message or posting includes any of the above or any other content that ModelAndTalentServices/ will label as inappropriate at our discretion, it will be rejected immediately and will not be allowed on ModelAndTalentServices/.
The member who initiates the message may or may not receive a response from ModelAndTalentServices/ informing them that their message has been rejected. If further action is deemed necessary or that member has sent inappropriate content before, that member may receive further instructions from ModelAndTalentServices/.
By posting any content on ModelAndTalentServices/, you give ModelAndTalentServices/ full permission to publish, display or use this content in any way within the ModelAndTalentServices/ website, services, and company.
20. Notification and Procedure for making claims of copyright infringement or intellectual property infringement..
We at ModelAndTalentServices agree that copyrighted material is a property of registered copyright owner.ModelAndTalentServices/ will take appropriate actions in response to notice of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or the Service, please provide Notice to ModelAndTalentServices Copyright Agent.
Pursuant to Canadian and International copyright laws ,a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the infringing work on this site or the Service (and the location of the infringing work, if it appears on this site or the Service) or if the infringing work appears on a site linked to from this site or the Service where the material that you claim is infringing is located on such site; (d) information sufficient to permit ModelAndTalentServices.com to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach ModelAndTalentServices/ Copyright Agent for Notice of claims of copyright infringement: By email: abuse@ModelAndTalentServices.com, subject :copyright agent
Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Service. The Copyright Agent will not respond to any other inquiries.
21. Indemnification Members and Industry Professionals(,Casting Agents, Photographers, Transportation Coordinators, Bookers and others involved in booking, casting and posting booking opportunities notices on our system)
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ModelAndTalentServices/, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST ModelAndTalentServices/ ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR MEMBER ID; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING.
22. Casting Professionals( Casting Agents, Photographers, Transportation Coordinators, Bookers and others involved in booking, casting and posting booking opportunities notices on our system)
You acknowledge that you have the right to distribute this Casting Notice, including character descriptions and grant permission to ModelAndTalentServices and to distribute this notice though it’s website. I also acknowledge that ModelAndTalentServices and reserves the right to refuse the posting any notice or to take it down if it feels it may be inappropriate for any reason.
23. Casting information
We are providing platform for independent casting entities to post their requirements. Due to the forum-like nature of our system, we cannot fully guarantee originality of the posted information. We have to advise you that you exercise caution when responding to these castings/bookings
All Materials, information, casting information, products and services included in or available through this website are provides “as is” and “as available’ for your use.
We are providing no warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
All talent under the age of 18 should be accompanied by parent or legal guardian at all times.
The casting notices that are posted in our site are posted by the casting directors themselves! We don't take any responsibility for their content or copyright. Anyone can post a casting call. Please, always take caution when you go into an audition. If you're a minor, ask a parent or guardian to join you.
Website owners - If you find a casting notice that has violated your copyrights, please e-mail us immediately and we will act on it at once.
24. Other Opportunities:
Model And Talent Services has the right to make submissions on your behalf for casting opportunities, and promotional activities. Model and Talent Services has the right to promote, and share your profile page, as well as the information on your profile page with others.
25. Governing Law and Jurisdiction:
These terms shall be governed by and construed in accordance with the laws of Ontario, Canada and International Laws as applicable, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts in Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Those who choose to access this Site from other locations are doing so on their own initiative and are responsible for compliance with local laws. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing.