ImageModel Terms & Conditions
Last Modified: February 12, 2018

ImageModel is a virtual marketplace and network that connects Models to an event such as a grand opening, product launch, photo shoot, or private event, and allows Clients to choose from among the available Models.



  1. USE OF THE WEBSITE


Acceptance of the Terms of Use



These terms of use are accepted by you for use of all ImageModel apps, websites, and services for all parent corporations, subsidiaries, owners, employees, and agents. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our websites, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates, all services, applications and products that are accessible through the Site and all ImageModel mobile applications that link to or reference this Terms of Use (collectively, the "ImageModel Services"),.



Please read the Terms of Use carefully before you start to use ImageModel Service. By using ImageModel Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at the Site, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use ImageModel Services.



Changes to the Terms of Use



We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of ImageModel Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on ImageModel Services.



Your continued use of ImageModel Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.



Digital Signature



By registering for a ImageModel account on the Site (an "Account"), or by clicking to accept the Terms of Use when prompted on the Site, you are deemed to have executed these Terms of Use electronically, effective on the date you register your Account or click to accept the Terms of Use, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. ยง 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Use, and any amendments.



Intellectual Property Rights



ImageModel Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the ImageModel, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.



You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on ImageModel Services, except as follows:



  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one unmodified copy of a reasonable number of pages of ImageModel Services for your own personal, non-commercial use and not for further reproduction, publication or distribution, except to reasonably facilitate purchases through ImageModel Services.
  • If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:



  • Modify copies of any materials from this site.
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Us, or that comes from ImageModel Services, belongs to another ImageModel Services user, or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with ImageModel's prior express permission and/or the prior express permission of any other party holding the right to license such use.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the ImageModel Services or any services or materials available through ImageModel Services, except to reasonably facilitate purchases through ImageModel Services.



If you print, copy, modify, download or otherwise use or provide any other person with access to any part of ImageModel Services in breach of the Terms of Use, your right to use ImageModel Services will cease immediately and you must return and destroy any copies of the materials you have made. No right, title or interest in or to ImageModel Services or any content on ImageModel Services is transferred to you, and all rights not expressly granted are reserved by the ImageModel. Any use of ImageModel Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark and other laws.



Prohibited Uses



You may use ImageModel Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use ImageModel Services:



  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or ImageModel's systems and policies.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, distribute, Post, or procure the sending, distribution, or Posting of spam, unsolicited, or bulk electronic communications.
  • To transmit, distribute, Post, or procure the sending, distribution, or Posting of chain letters or pyramid schemes.
  • To impersonate or attempt to impersonate the ImageModel, a ImageModel employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of ImageModel Services, or which, as solely determined by us, may harm the ImageModel or users of ImageModel Services or expose them to liability.
  • To manipulate the price of any listing or interfere with any other User's listing.
  • If you are not able to form legally binding contracts (for example, if you are under 18 years of age), or are temporarily or indefinitely suspended from using ImageModel Services, and its services, applications or tools.
  • To commercialize any portion or the totality of ImageModel Services or any information or software associated with such application.
Additionally, you agree not to do any of the following, including, but not limited to:



  • Use ImageModel Services in any manner that could disable, overburden, damage, or impair ImageModel Services or interfere with any other party's use of ImageModel Services, including their ability to engage in real time activities through ImageModel Services.
  • Transfer your ImageModel Services account to another party without Our consent.
  • Fail to pay for services purchased by You.
  • Harvest or otherwise collect information about ImageModel Services users without their consent.
  • Use any robot, spider or other automatic device, process or means to access ImageModel Services for any purpose, including monitoring or copying any of the material on ImageModel Services.
  • Use any manual process to monitor or copy any of the material on ImageModel Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of ImageModel Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of ImageModel Services, the server on which ImageModel Services is stored, or any server, computer or database connected to ImageModel Services.
  • Attack ImageModel Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Bypass our robot exclusion headers, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure.
  • Export or re-export any portion or totality of ImageModel Services except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
  • Circumvent any technical measure we use to provide ImageModel Services.
  • Utilize Service services, including, but not limited to, electronic communication services (including video) for predominantly personal purposes not relevant to the purchase or sale of a service on ImageModel Services. We reserve the right to throttle the video chat feature for users who engage in excessive calling with a limited history of purchases and/or sales on ImageModel Services.
  • Otherwise attempt to interfere with the proper working of ImageModel Services.
User Contributions



ImageModel Services may contain message boards, chat rooms, live video streams, personal Web pages or profiles, forums, bulletin boards, review features, social media, video conferences, blogs, text message chats, and other interactive features that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, a "Post") content or materials (collectively, "User Contributions") on or through ImageModel Services. User Contributions also include any listings and information contained in the listing regarding an service for sale on ImageModel Services.



All User Contributions must comply with the Content Standards set out in these Terms of Use. ImageModel shall not be liable or responsible for any Post or any User Contributions.



Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on ImageModel Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an exclusive, worldwide, perpetual, irrevocable, royalty-free, paid-up, freely sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.



You represent and warrant that:



  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • None of the User Contributions infringe any third party intellectual property rights, including, but not limited to, trademark, copyright, patent, trade secret, right of publicity or privacy, and any moral rights. .
  • All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the ImageModel, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.



We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of ImageModel Services.



Monitoring and Enforcement; Termination



Without any refund, We have the right to:



  • Remove or refuse to Post any User Contributions for any or no reason in our sole discretion, including any listing Posted on the Site by a Client.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of ImageModel Services or the public, or could create liability for ImageModel.
  • Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Halt, suspend, or delete any sale between Model and Client.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of ImageModel Services.
  • Terminate or suspend your access to all or part of ImageModel Services for any or no reason, including without limitation, any violation of these Terms of Use or failure to pay any fees due to Us.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through ImageModel Services. YOU WAIVE AND HOLD HARMLESS ImageModel AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.



However, We do not undertake to review material before it is Posted on ImageModel Services, including but not limited to User Contributions, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.



Content Standards



These content standards apply to any and all User Contributions, including a posting for services on the Marketplace, and use of any of the services provided on the Marketplace, including any electronic communication tools available on the app. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:



  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote alcoholic beverages, firearms, ammunition, tobacco cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, fireworks, any dietary supplements, tickets or shares in lottery games, and drug paraphernalia.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.


Changes to the Marketplace



We may update the content and functionality of ImageModel Services from time to time, but ImageModel Services is provided "AS IS" and Service content is not necessarily complete or up-to-date. Any of the material on ImageModel Services may be out of date at any given time, and We are under no obligation to update such material.



Links from our Website or Apps



If our Website or Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, in User Contributions, and links generated by a respective User in the posting on our website or apps. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to ImageModel Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.



  1. CONSENT


Consent To Use Electronic Records



In connection with the Terms of Use, you may be entitled to receive certain records from ImageModel or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of ImageModel Services, you give us permission to provide these records to you electronically instead of in paper form.



Your Consent And Your Right To Withdraw Consent



By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for ImageModel Services under the Terms of Use that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to ImageModel Services, and you will no longer be permitted to use the ImageModel Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.



Keeping Your Address And Email Address Current With Us



In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.



Privacy



ImageModel's Privacy Policy at /about/privacy-policy/ (the "Privacy Policy") governs your use of the Sites and it is incorporated in these Terms by reference. The Privacy Policy explains, among other things, what information is gathered from visitors to the Sites, how it is used and retained, and ways visitors can restrict the use or disclosure of information we collect. Through your use of the Sites you consent to the collection and use of the information that you submit through the Sites, subject to the terms of our Privacy Policy. ImageModel reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Information you provide to a third party Web site is governed by that Web site's terms and policies and these Terms or our Privacy Policy.



Advertising Policy



We retain the right to promote your content, including any User Contributions, on various third party websites, including, but not limited to, any search engines, shopping engines, and listing websites. In addition, We retain the right to use any User Contributions in the ImageModel Services and for advertising, social media, media campaigns via any method known or to be developed in the future, print materials, interviews, case studies, any marketing channel deemed appropriate, and internal business purposes.





  1. HOW IMAGEMODEL WORKS


ImageModel is the new virtual marketplace allowing Clients to find Models to participate in events such as brand marketing product launch, ceremony, or even for ambiance services. ImageModel Services gives you access to established hospitality venues along with the opportunity, tools and benefits. The ImageModel platform makes it easy for you to virtually book beautiful models through our app for your weekly night, launch or special event.



We select and screen our referred clients carefully because ImageModel strives to cultivate a vibrant marketplace, signing up legitimate and professional Models. We will strive to insure quality, timing, legality, failures, and every other aspect whatsoever relating to the ImageModel Services, and the way they are carried out between clients and models. We provide the opportunity for models to see ratings submitted about clients so models can determine the integrity, responsibility or any of the actions or omissions whatsoever of any clients, including but not limited to the truth or accuracy of clients' content or listings, the promptness of payments, the conditions of venues, and behavior of clients. While we give no assurances about the suitability, reliability, timeliness, or accuracy of ImageModel Services requested we provide a forum for you to make your own determinations.



Clients post the jobs on the App which they would like performed by Models in their city who are willing to perform that service for them. In consideration for providing the marketplace we receive our fee. Jobs are posted by Clients and then Models have the opportunity to apply. The Client will then decide which models to approve, and those Models will be notified that they are approved for the job by email. When a Client pays a Model, ImageModel will credit the model's account for the full amount finalized by the Client, and then subtract and disburse to ImageModel a service fee as set forth below.



Geographic Restrictions



The owner of ImageModel Services is based in the state of New York in the United States. We provide this Service for use only by persons located in the United States. We make no claims that ImageModel Services or any of its content is accessible or appropriate outside of the United States. Access to ImageModel Services may not be legal by certain persons or in certain countries. If you access ImageModel Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.



Creating an Account



To use the ImageModel Services, you will need to create an account, and if you are creating an account for a business, you represent and warrant that you have the authority to create and use the account on behalf of that business. You will need to provide us with your contact information, as well as billing information that is requested, which may include credit card information. You represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. ImageModel Services reserves the right to verify the information provided and then to approve or deny any account at its discretion. You promise to update the information you have provided in the event of any changes to your contact information. In addition, factors such as number of jobs, number of Clients already using the marketplace, and number of models can affect a person's ability to create an account. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.

Job Processing

Once you are verified you have access to a list of venues from each city where you can create a job. When you submit a job, you will provide information including the date, time, location, duration, proposed model rate for the job, and a desired number of models. You will also have the opportunity to add any additional job specifications necessary for the job. Prior to the Event, we charge the amount equal to the Total Fees including the subtotal of the fees for all the models and the Dynamic Fee of 25%. You will receive notification when models apply for the job and you will have the opportunity to approve or decline. Upon payment for the job, we use Braintree system that allows you to use a third party such as Paypal, Apple pay, Venmo, or a credit card to pay securely. Approval is the last step in accepting a Model for a job and is not reversible. Attendance at the job is then determined by the Models checking in, geolocation technology, and by your approval.





Payment Processing



All payments are processed through third party payment service. You must maintain and provide at all times complete and accurate information for your third party payment service such as PayPal, bank account or other similar payment platforms which ImageModel has approved and we will have no liability to you for your failure to maintain complete and accurate payment information. By utilizing a third party payment service you agree to their terms of service. You also agree that We are not responsible for any issues regarding any transactions processed through any third party payment service and You release Us from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of a third party payment service for the payment of your services purchased through ImageModel Services. In addition, You agree that ImageModel is not responsible for positing or providing any third-party processing fees to You, including any fees charged.



Client agrees to pay the full amount of the fee for the job including the Dynamic Fee upon the creation of the job.



Notwithstanding any other provision of the Terms of Use, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site or the Terms of Use, ImageModel may hold any Fees paid.



ImageModel may hold the disbursement of the Model's Fees if: (a) we require additional information, such as Model's tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Model's Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, these Terms of Use; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.



In cases of fraud, abuse, or violation of the Terms of Use, ImageModel reserves the right to revoke any payments and hold and reclaim all Model's Fees due to Model (not just the Model's Fees from ImageModel Services Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with these Terms of Use yet we receive any chargeback from you, or used by your Client if you are a Model. You agree that we have the right to obtain such reimbursement by offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account and revocation of your access to the Site.



Cancellation



A cancellation can be performed directly through your account by removing the job, however, you may not be entitled to a refund or may be subject to certain conditions as set forth below depending on the circumstances of your cancellation. Please read the conditions below carefully before cancelling any job.

Dynamic Fees are non-refundable, however Clients are entitled to refunds of the Subtotal under the following circumstances:

  • If the client cancels more than 48 hours prior to the date of the job and the models receive notification about the job cancelation, then client is entitled to a full refund of the Subtotal.
  • If the cancellation is between 48 and 24 hours prior to the date of the job, then Client receives 50% of the Subtotal.
  • In the event that client posts a job for more than one model, but fewer models have applied for the job, then this is not considered a cancellation and client can either raise the "amount per model" or proceed with the job with fewer models.
  • Failure of any model to show up for a job is not considered a cancellation and client is required to pay all models who do show up. Client will receive partial credit of the Subtotal for any models who did not show up.
  • If Client doesn't show up for a job, no money will be refunded and all approved models must be paid.


  1. WEBSITE FUNCTIONALITY


ImageModel Accounts-Account Eligibility



To use the Site and ImageModel Services, you must register for an Account. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Use when prompted on the Site, you agree to: (a) abide by these Terms of Use; (b) be financially responsible for your use of the Site and providing services; and (c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Use. ImageModel reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Use, or for any other reason or no reason in ImageModel's sole discretion.



You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State's Debarred Parties List or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.



By registering for an Account, you must complete a User profile ("Profile"), which you consent to be shown to other Users and, unless you change your privacy settings, the public. If you are a Model, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or ImageModel Services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account and one Model Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.



When you register for an Account, you will be asked to choose a username and password for the Account.



You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize ImageModel to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any User of your Account. You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.



Accessing ImageModel Services and Account Security



We reserve the right to withdraw or amend this Service, and any service or material we provide on ImageModel Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of ImageModel Services is unavailable at any time or for any period. From time to time, with or without notice, We may restrict access to some parts of ImageModel Services, or the entire Service, regardless of registration status to Users.



You are responsible for:



  • Making all arrangements necessary for you to have access to ImageModel Services, including sole responsibility for all Internet, data, and connectivity costs, fees, and taxes;
  • Ensuring that all persons who access ImageModel Services through your Internet connection are aware of these Terms of Use and comply with them.
To access ImageModel Services or some of the resources or services it offers, you may be asked to provide certain registration details or other information. It is a condition of Your use of ImageModel Services that all the information you provide on ImageModel Services is correct, current and complete. You agree that all information You provide to register via ImageModel Services or otherwise, including but not limited to through the use of any interactive features on ImageModel Services, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy. For the sake of clarity, only Your chosen display name (i.e., any name You choose, including your real name or an alias), City, and State where You are located are required on Your public profile listing



If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that You log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.



We have the right to disable any username, password or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, You have violated any provision of these Terms of Use. ImageModel may edit, manage, modify, and/or delete any information related to the account, including but not limited to profiles, product listings, event or marketing communications, and direct and/or indirect video, audio, and/or text messages.



Feedback and Rating


You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that ImageModel post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that ImageModel will make feedback results available to other marketplace Users, including composite or compiled feedback. ImageModel provides this feedback system as a means through which Users can share their opinions publicly and ImageModel does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback relate only to the business advertised in the Model Profile and not to any individual person. You agree not to use the feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.



ImageModel does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that ImageModel do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. ImageModel is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, ImageModel reserves the right (but is under no obligation) to remove posted feedback or information that, in ImageModel's sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify ImageModel of any error or inaccurate statement in your feedback results and that if you do not do so, ImageModel may rely on the accuracy of such information.



Reliance on Information Posted



The information presented on or through ImageModel Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to ImageModel Services.



This Service may include live content, real-time interactions, and content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the ImageModel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the ImageModel. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.



Portfolio

ImageModel provides a marketplace that is effective and professional for models and clients, therefore standards and limits are applied without discrimination for age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status

Each model is required to provide information to allow Client's to determine whether or not the model meets the requirements for a particular job including but not limited to:

- measurements requirements - shoe size, dress size, height

- Face and body photos

- Languages

- Personal Interests



  1. JOBS


Worker Classification



Client is responsible and assumes all liability for determining whether Models are independent contractors or employees and engaging them accordingly; ImageModel disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or agency relationship between Users. Model does not have authority to enter into written or oral (whether implied or express) contracts on behalf of ImageModel. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship.



ImageModel is not a party to the dealings between Client and Model, including posts, proposals, screening, selection, contracting, and performance of Services. ImageModel does not introduce Models to Clients or help Models find Engagements. ImageModel merely makes ImageModel Services s available to enable Models to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Models for themselves. ImageModel does not, in any way, supervise, direct, or control Model or Model's work. ImageModel does not set Model's work hours, work schedules, or location of work. ImageModel will not provide Model with training or any equipment, labor, or materials needed for a particular Service Contract. ImageModel does not provide the premises at which the Model will perform the work. ImageModel makes no representations about, and does not guarantee the quality, safety, or legality of, the Model Services; the truth or accuracy of Model's listings on the Site; the qualifications, background, or identities of Users; the ability of Models to deliver the Model Services; the ability of Clients to pay for the Model services; or that a Client or Model can or will actually complete a transaction.



ImageModel does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Model, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Model's performance, and Client's acceptance, of Model Services.



ImageModel is not required to and may not verify any feedback or information given to us by Models or Clients, nor does ImageModel perform background checks on Models or Clients.



You hereby acknowledge and agree that ImageModel may provide information on the Site about a Model or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Models or Clients voluntarily submit to ImageModel and does not constitute and will not be construed as an introduction, endorsement, or recommendation by ImageModel; ImageModel provides such information solely for the convenience of Users.



Model Performance



Models agree to perform the all services in a legal, professional, and workmanlike manner. The manner and means of performing the any services will be determined and controlled solely by Model, which is engaged by Client as an independent contractor. Professionalism is taken very seriously as we receive feedback from our clients during the job's finalizing stage, so models are required to adhere strictly to all of the specifications set forth for each job.



Client Performance



Clients agree to behave professionally during all contacts with models. Any behavior that is inappropriate or which causes a Model to feel uncomfortable is strictly prohibited and will result in termination of the Client's account



  1. LEGAL PROVISIONS


Warranty Disclaimer



YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. IMAGEMODEL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMAGEMODEL DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST IMAGEMODEL WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.



Limitation on Liability



IN NO EVENT WILL THE IMAGEMODEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ImageModel Services, ANY WEBSITES LINKED TO IT, INCLUDING THE STRIPE SERVICE UTILIZED FOR PAYMENT, ANY CONTENT ON ImageModel Services ANY SERVICES PURCHASED ON ImageModel Services, OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH ImageModel Services OR SUCH OTHER SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ARISING FROM A SITUATION KNOWN, THAT SHOULD HAVE BEEN KNOWN, OR WHICH THE IMAGEMODEL HAS BEEN INFORMED.



THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, REGULATION, OR FUNCTION OF LAW OR REGULATION, BUT THIS DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT THAT THE APPLICABLE LAW IN YOUR JURISDICTION ALLOWS.



Limitation on Total Liability



Regardless of any clause waving our liability, if We are found to be liable, our total liability to You or to any third party is limited to the lesser of: (a) any purchases made on our Service by You (not including any purchases made for another entity or person which gave rise to our liability, or (b) $100 (USD).



Indemnification



You agree to defend, indemnify and hold harmless the ImageModel, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of ImageModel Services, including, but not limited to, your User Contributions, any use of ImageModel Services content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from ImageModel Services.



Governing Law and Jurisdiction



All matters relating to ImageModel Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).



Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).



Binding Arbitration



You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of ImageModel Services or services provided on ImageModel Services, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding arbitration in New York City, New York before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award by the arbitrator may be entered in any court having jurisdiction. The Parties must maintain the confidential nature of the arbitration proceeding and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision. Each party must pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of JAMS. The arbitrator is entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.



A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute ("Notice"). The Notice must include the following information: your name, your Service username, your telephone number, your email address, your physical mailing address, a description of the nature of the dispute you have with the ImageModel (including any supporting documents) and the relief sought against ImageModel. ImageModel will send any Notice to you to the physical address we have on file associated with your Service account; it is your responsibility to keep your physical address up to date.



If you and ImageModel are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or ImageModel may initiate arbitration proceedings.



Limitation on Time to File Claims



ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ImageModel Services MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.



Trademarks



The ImageModel name, the ImageModel logo and all related names, logos, product and service names, designs and slogans are trademarks of the TopModeal Inc, ImageModel or its affiliates or licensors. You must not use such marks without the prior written permission of the ImageModel. All other names, logos, product and service names, designs and slogans on this Service are the trademarks and property of their respective owners. All requests pertaining to the ImageModel's trademarks should be sent to AK@imagemodel.io



Non Disclosure



You shall maintain the confidentiality of all information and materials of ImageModel, of all Clients, and of all Models whether such information is located on ImageModel Services, oral, written or in any form whatsoever, reasonably understood, from the nature of such information itself and/or the circumstances of such information's disclosure, to be confidential and/or proprietary.

Information about Clients and Models, is proprietary information of significant value to ImageModel and the use or release of such information by anyone will cause irreperable harm to ImageModel. Damages for the release or use of such information cannot be calculated without significant expense. ImageModel shall be entitled to all consequential damages along with actual damages, loss of work damages, and any damages claimed by Clients or Models. ImageModel is entitled to claim attorney's fees in the event of any litigation resulting from the disclosure or use of such information.

Non Compete

Clients shall not contact any Models outside of the performance of a job and shall not solicit any Models independently. Models can only be paid through ImageModel Services and any payments made directly to Models will be considered gratuities which do not count towards the fees owed for performance of a job. Solicitation of a Model or contacting a Model other than during a job is grounds for immediate termination of your account.

Force Majeure



ImageModel is not responsible for any failure to provide ImageModel Services or for any delay in performance of any requirements in these Terms of Use where the failure or delay is due to interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures, acts of God, flood, fire, earthquake or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order or law, actions, embargoes or blockades in effect on or after the effective date of these Terms of Use, action by any governmental authority, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, or without limiting the foregoing, any circumstances of like or different character beyond its control.



Waiver and Severability



No waiver of by the ImageModel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ImageModel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.



If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.



Entire Agreement



The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ImageModel, INC with respect to ImageModel Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to ImageModel Services.



Your Comments and Concerns



This website is operated by ImageModel.



All feedback, comments, requests for technical support and other communications relating to ImageModel Services should be directed to: support@Imagemodel.io