Welcome to ModelQ, a community for aspiring and experienced talent, artists, creative professionals and talent agencies to interact, network, collaborate, learn, gain exposure and book jobs. The ModelQ Terms of Service (the "TOS") governs your access to and use of the services, including but not limited to websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or "ModelQ"), and data, text, software, music, sound, images, photographs, graphics, videos, messages, comments, tags, files or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with the TOS, which may be updated from time to time with or without notice to you. By accessing or using the Services, you agree to be bound by the terms and provisions of the TOS.
1. REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ModelQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ModelQ has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. PRIVACY POLICY
Registration Data and certain other information about you are subject to the ModelQ Privacy Policy.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ModelQ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ModelQ can not and will not be liable for any loss or damage arising from your failure to comply.
4. CONTENT
You are solely responsible for all Content originated by you, whether publicly or privately transmitted. By posting Content, you warrant and represent that you own all rights, title and interest to that Content and any likenesses contained in that Content. ModelQ does not control the Content you submit or make available for inclusion via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ModelQ 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 uploaded, posted, emailed, distributed, transmitted or otherwise made available.
ModelQ does not claim ownership of Content you submit or make available for inclusion via the Services. However, with respect to Content you submit or make available for inclusion, including Content that is covered by intellectual property rights, including but not limited to photographs and videos, you grant ModelQ a non-exclusive, transferable, perpetual, irrevocable, fully sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for the purpose for which such Content was submitted or made available and for promotional purposes of the Services.
5. USER CONDUCT
You acknowledge and agree to not use the Services to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
b. "Stalk" or otherwise harass another.
c. Harm minors in any way.
d. Post anything to which you do not have the rights or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
e. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
f. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or contractual relationships.
g. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
h. Modify, reproduce, publish, license, create derivative works of, transfer, or sell any Content belonging to other users.
i. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
j. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
k. Interfere with or disrupt the Services or servers or networks connected to the Services.
l. Intentionally or unintentionally violate any applicable local, state, national or international law.
m. Harvest, collect or store information about users or the Content posted by others in connection with the Services or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of ModelQ, including aggregating email addresses and other contact information for the purpose of sending unsolicited communications is prohibited. Appropriate legal action may be taken for any unauthorized use of ModelQ.
You acknowledge that ModelQ may or may not pre-screen Content, but that ModelQ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, ModelQ and its designees shall have the right to remove any Content that violates the TOS or is otherwise undesirable, inappropriate, inaccurate or objectionable. ModelQ is not responsible for any failure, non-failure or delay in removing such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, copyright compliance, legality, decency, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ModelQ or submitted to ModelQ. You agree to immediately notify ModelQ of any unauthorized use of the Service or any other breach of security that you know or suspect.
You acknowledge, consent and agree that ModelQ may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of ModelQ, its users and the public.
6. MODIFICATIONS TO SERVICES
ModelQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ModelQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
7. TERMINATION
You may terminate your ModelQ account and access to the Services through the deactivation link in your account.
You agree that ModelQ may, without prior notice, immediately terminate, limit your access to or suspend your ModelQ account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include but not be limited to (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ModelQ's sole discretion and that ModelQ shall not be liable to you or any third party for any termination of your account or access to the Services.
Termination of your ModelQ account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) purging of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
8. INTELLECTUAL PROPERTY RIGHTS
ModelQ respects the intellectual property ("IP") rights of others and the rights of individuals to exploit their own name, voice, signature, photograph or likeness and expects its users to follow the same principles. Copyright and trademark infringement is strictly prohibited as is Content posted by a user that would otherwise misappropriate a third party's right of publicity.
With respect to copyrighted material, ModelQ acts in accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the United States Copyright Office website.
If you believe that Content accessible through ModelQ infringes a copyright or trademark or someone's right of publicity is being misappropriated as a result of Content accessible through ModelQ, please report the alleged infringement to ModelQ's Designated Agent ("Designated Agent"):
Your notice should contain the following information:
1. The material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the ModelQ website where such material may be found.
2. Information reasonably sufficient to permit ModelQ to identify the use being challenged.
3. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law.
4. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the authorizing party or that you are authorized to act on behalf of the authorizing party.
5. Information reasonably sufficient to permit ModelQ to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address.
6. Your full legal name and your physical or electronic signature, or the full legal name and physical or electronic signature of a person authorized to act on your behalf.
Upon receipt of notice as described above, ModelQ will confirm the existence of the allegedly infringing material and take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to such Content. ModelQ reserves the right to remove or disable access to Content without prior notice. ModelQ may also discontinue its Services to repeat offenders.
A poster of allegedly infringing material may make a counter notice (pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA for copyrighted work). When ModelQ receives a counter notice, it may reinstate the material in question. To provide a counter notice, please send the following information to the Designated Agent above:
1. Identification of the material that has been removed or to which access has been disabled on ModelQ and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the Commonwealth of Pennsylvania if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
4. Information reasonably sufficient to permit ModelQ to contact you, including a name, address, telephone number and, if available, an email address.
5. Your full legal name and your physical or electronic signature.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
ModelQ may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize ModelQ to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not ModelQ, are responsible for any violations of any intellectual property rights in any Content you submit or make available for inclusion via the Services.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ModelQ AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, AFFILIATES AND THIRD PARTY PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ModelQ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ModelQ OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ModelQ AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, AFFILIATES AND THIRD PARTY PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ModelQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(e) ANY OTHER MATTER RELATING TO THE SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ModelQ'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless ModelQ and its subsidiaries, officers, directors, employees, agents, licensors, suppliers, vendors, affiliates and third party partners from and against any and all claims, losses, expenses, damages (actual and/or consequential), costs, suits, demands, or judgments whatsoever, including litigation costs and attorneys' fees, whether groundless or otherwise, resulting from any violation by you of the TOS.
12. GOVERNING LAWS AND JURISDICTION
The TOS and your conduct while using the Services shall be governed in all respects by the laws of the United States of America and the Commonwealth of Pennsylvania. The failure of ModelQ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Any claims, legal action or proceeding arising directly or indirectly out of any materials contained in the Services shall be brought exclusively in the state and federal courts of the Commonwealth of Pennsylvania.
13. GENERAL TERMS
A. Waiver and Severability of Terms
The failure of ModelQ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
B. No Right of Survivorship and Non-Transferability
You agree that your ModelQ account is non-transferable and any rights to your ModelQ ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
C. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
D. Entire Agreement
The TOS constitutes the entire agreement between you and ModelQ and governs your use of the Services, superseding any prior version of this TOS between you and ModelQ with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software.
The section titles in the TOS are for convenience only and have no legal or contractual effect.