- USE OF THE WEBSITE
), 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
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
Your continued use of ImageModel
By registering for a ImageModel
account on the Site (an "Account
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
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of 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
You may use ImageModel
- 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 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:
User Contributions ImageModel
- 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.
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
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. .
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.
- 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.
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:
Changes to the Marketplace
- 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.
- 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.
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.
Consent To Use Electronic Records
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, 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
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.
- ABOUT IMAGEMODEL
is the new marketplace allowing models to earn money by participating in VIP events and modeling opportunities without an exclusive contract and to allow models to choose their own jobs in minutes and get paid quickly. You have the opportunity to book paid gigs that are fun and lucrative and to network at top venues worldwide.
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 or push notification. 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.
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 acknowledge that a successful payment processed through a third party may take 2 to 3 days for money to be deposited in a Model's account. 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. If you leave a job for any reason prior to conclusion, you will not be paid. If you leave early due to a safety concern, please contact us. Your payment may be reduced or withheld if you do not adhere to our code of conduct or event-specific instructions or duties.
The fees charged by ImageModel
for your use of the marketplace are as follows:
1. Up to $100 - no fee
2. $100 and up - 10% fee
may hold the disbursement of the Model's Fees. You will receive payment for a job upon verification of attendance for the full duration of the event and verification of any additional tasks to be completed by you including checking in on the App upon your arrival at the job. We verify attendance via various mechanisms including geolocation information collected by the App from your mobile device and manual attendance verification. It is important that you maintain your mobile device powered on and with you while performing a job and continue to allow the App access to your geolocation information.
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
Approved models can cancel up to 3 hours before the job without incurring any fee.
Models can cancel or leave a job at anytime, however if they cancel 3 hours or less before the job, they will incur a 10% cancellation fee, and they will be marked as a "no show" in their file and will receive no pay for the job.
ImageModel Accounts-Account Eligibility
- WEBSITE FUNCTIONALITY
To use the Site and ImageModel
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;
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
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.
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
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
- Personal Interests
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
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.
- LEGAL PROVISIONS
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
Services, including, but not limited to, your User Contributions, any use of ImageModel
Services. Governing Law and Jurisdiction
All matters relating to ImageModel
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
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
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
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
Models shall maintain the confidentiality of all information and materials of ImageModel
and all Clients 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, 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 a Client. ImageModel
is entitled to claim attorney's fees in the event of any litigation resulting from the disclosure or use of such information by a model. Non Compete
Models shall not contact any Clients outside of the performance of a job and shall not solicit any Clients independently. Solicitation of a Client or contacting a client 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
No waiver of by the 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
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All feedback, comments, requests for technical support and other communications relating to ImageModel
Services should be directed to: support@Imagemodel.io