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Terms & Conditions
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Individuals under the age of 18 must consult with their
parents or guardians about the use of the site for their benefit.
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The following describes the terms under which
models.com.au offers you access to its services.
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If you want to become a models.com.au member, please
review this terms of service agreement. By registering to become a
models.com.au member, clicking on the "i agree" button and/or otherwise
using the models.com.au web site you agree to the terms, conditions,
notices and guidelines contained in this terms of service agreement and,
where applicable, you represent that you have obtained permission from
your parent or guardian.
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Please be advised that we may amend this agreement at any
time by posting the amended terms on our site. The amended terms shall
be automatically effective immediately after they are initially posted
on our site. This agreement may not otherwise be amended except in a
writing signed by both parties.
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Registration obligations
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By using any of models.com.au's services, you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the service's registration form and (b) maintain
and promptly update the registration data to keep it true, accurate,
current and complete. Models.com.au has the right to suspend or
terminate your account if you violate the above or models.com.au has
reason to believe that you have violated the above.
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Member conduct
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You understand and are aware that all information, data,
text, software, music, sound, photographs, graphics, video, messages or
other materials (hereinafter "content"), whether publicly posted or
privately transmitted are the sole responsibility of the person from
which such content originated. This means that you, and not
models.com.au, are entirely responsible for all content that you
up-load, post, or otherwise transmit via any of models.com.au's
services. Models.com.au does not control the content posted on its
services and therefore does not guarantee its accuracy, integrity or
quality. You understand that by using the service, you may be exposed to
content that is offensive, indecent or objectionable. The opinions and
views expressed by models.com.au's members or visitors do not
necessarily represent those of models.com.au.
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Models.com.au reserves the right to modify or remove
anything submitted to its service and to cancel any free membership, at
any time, for any reason and without prior notice. In addition,
models.com.au, in its sole discretion, may terminate your account
including accounts of paying members, or block your access to certain
member features including but not limited to the member forums, for
violation of the letter or spirit of the terms and conditions.
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You agree to notify models.com.au immediately of any
unauthorised use of your account or any other breach of security.
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The following is a non-exclusive list of actions and
content that are prohibited on models.com.au's site:
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(a) Any use of copyrighted, trademarked, patented, or
otherwise service marked material without the express permission of the
author or owner, the commission of any acts of copyright, trademark or
any other intellectual property infringement, or contributing to,
inducing, or facilitating such infringement. This prohibition includes
all forms of software piracy;
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(b) Up-loading, posting or otherwise transmitting any
content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of another's
privacy, hateful or racially, ethnically or otherwise objectionable.
This also includes content that promotes illegal activity in any way.
Models.com.au reserves the right to report violations of this provision
to, and will cooperate with, law enforcement authorities;
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(c) The harming of minors in any way;
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(d) The manipulation of identifiers in any way in order
to disguise the origin of any content transmitted through
models.com.au's services or develop restricted or password-only access
pages, or hidden pages or images;
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(e) The up-loading, posting or transmission of any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment;
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(f) Intentionally or unintentionally violating any
applicable local, state, national or international law;
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(g) The collection or storage of personal data about
other users;
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(h) Impersonating any person or entity, including but not
limited to, a models.com.au official, forum leader, guide or host, or
misrepresentation of your affiliation with a person or entity;
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(i) Up-loading, posting or otherwise transmitting any
content that you do not have the right to transmit under any law or
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under non-disclosure agreements);
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(j) Up-loading, posting or otherwise transmitting any
unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", pyramid schemes", or any other form of
solicitation;
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(k) Disrupting the normal flow of dialogue, causing a
screen to "scroll" faster than other users of the service are able to
type, or otherwise acting in a manner that negatively affects other
users' ability to engage in real time exchanges;
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(l) Using your home page (or directory) as storage for
remote loading or as a door or signpost to another home page, whether
inside or beyond models.com.au and its affiliates;
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(m) Having multiple models.com.au portfolios with
different names or inaccurate or inconsistent information; posting any
incomplete, false or inaccurate portfolio information or information
which is not your own accurate portfolio (living individual seeking
modelling employment on a full-time or part-time basis on his or her own
behalf).
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(n) The selling or placement of advertising on your
models.com.au home page or portfolio page to anyone or any commercial
third party;
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(o) Using the models.com.au forums, e-mail or any other
means, except if explicitly authorised in writing by models.com.au, to
contact models.com.au members for talent placement services, model
scouting or booking or any other form of recruitment, agent services or
job placement offer; offering any franchise, pyramid scheme, "club
membership", distributorship or sales representative agency arrangement
or other business opportunity which requires an up front or periodic
payment, pays commissions only (no significant salary), requires
recruitment of other members, sub-distributors or sub-agents;
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(p) Taking any action which imposes an unreasonable or
disproportionately large load on the models.com.au web site's
infrastructure;
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(q) If you have a password allowing access to a
non-public area of the models.com.au web site, disclosing to or sharing
your password with any third parties or using your password for any
unauthorized purpose;
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(r) Notwithstanding anything to the contrary contained
herein, using or attempting to use any engine, software, tool, agent or
other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search
the models.com.au web site other than the search engine and search
agents available from models.com.au on this web site and other than
generally available third party web browsers (e.g., Netscape navigator,
microsoft explorer); or
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(s) Attempting to decipher, de-compile, disassemble or
reverse engineer any of the software comprising or in any way making up
a part of the models.com.au web site.
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Content submitted to models.com.au
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Models.com.au does not claim ownership of the content you
place on your models.com.au portfolio or in other sections of the
models.com.au site. By submitting content to models.com.au for inclusion
on your models.com.au portfolio or in other sections of the
models.com.au site, you grant models.com.au the world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and
publish the content solely for the purpose of displaying, distributing
and promoting your models.com.au portfolio and/or the models.com.au
section your portfolio is listed in and/or your content on
models.com.au's internet properties. This license exists for as long as
you continue to be a models.com.au member and shall be terminated when
you request from us by e-mail that your content be removed and you have
received confirmation from models.com.au of the removal of your content.
You also represent that you have full power and authority to comply with
this terms of service agreement without violating the rights of others
and agree that your use of models.com.au and its services will comply
with this terms of service agreement without violating the rights of
others.
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Charges and billing
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At registration time and until you receive notice from
models.com.au of any changes to its fees or billing methods, you will be
subject to the fees and billing methods set forth for the membership
subscription type you select during the on-line registration process
and/or in the materials presented to you in connection with any offline
registration process and/or set forth in this terms of service
agreement. Models.com.au reserves the right to change its fees or
billing methods at any time, in case models.com.au changes its fees or
billing methods. Changes to models.com.au fees or billing methods will
not adversely affect you during the current term of your membership for
services you have already paid for.
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Models.com.au members can pay for their memberships by
credit card, cashiers or personal check, or money order. If you pay by
credit card, your membership will automatically be renewed, and credit
cards are automatically billed, on a yearly or monthly basis according
to the applicable membership subscription type you selected at
registration time, until such membership is terminated. If you pay by
other means you will be invoiced on a yearly basis until your membership
is terminated. In addition, every time you use models.com.au's services
or web site, you reaffirm that models.com.au is authorised to charge
your credit card or bill you (even though such use is not a
pre-condition to models.com.au's authorisation to do so.) You are also
responsible and liable for any fees, including attorney and collection
fees that models.com.au may incur in its effort to collect any remaining
or unpaid balances from you.
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You are responsible for all charges incurred, including
applicable taxes and purchases made by you or anyone you allow to use
your account, including your children, other members, or your family or
friends.
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You also agree that you will be billed for an will pay
any outstanding balances if you cancel your membership or your
membership is terminated. You should let models.com.au know about any
billing problems or discrepancies within sixty (60) days after they
first appear on your account statement. If you do not bring such
problems to models.com.au's attention within sixty (60) days, you agree
that you waive your right to dispute any outstanding balance or payment.
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In addition, items other than subscription fees may be
subject to charges, fees, and/or payment terms other than as described
herein; such charges, fees, or other terms will, however, be described
in connection with the product, service, or other offerings to which
such charges, fees, and/or terms relate.
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You can update or correct your contact and billing
information at any time. Just as you want to make sure that information
models.com.au has about you is accurate, we want to keep only the most
up-to-date information about your account. Therefore, whenever you
believe that your contact or billing information needs updating, you can
go to 'edit account' at http://my.models.com to make the necessary
changes.
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No spam : damages
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Models.com.au will immediately terminate any account
which it believes, in its sole discretion, is transmitting or is
otherwise connected with any spam or unsolicited bulk e-mail. In
addition, because damages are often difficult to quantify, you agree to
pay models.com.au liquidated damages of $10 for each piece of spam
addressed to any individual recipient or unsolicited bulk e-mail
transmitted from or otherwise connected with your models.com.au account,
or models.com.au's actual damages, whichever is greater.
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Special warnings for international use
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Due to the global nature of the Internet, you agree to
comply with all local rules regarding on-line conduct and acceptable
content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the country
in which you reside.
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Indemnification
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You agree to indemnify and hold models.com.au, and its
parents, subsidiaries, affiliates, officers, other partners, and
employees, harmless from any claim, demand or damages, including
reasonable attorney's fees, made by any third party due to or arising
out of your content, your use of the service, your connection to the
service, your violation of the Terms and Conditions, or your violation
of any rights of another.
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No resale of service
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You agree not to reproduce, duplicate, copy, sell, rent,
resell or exploit any portion of the service, use of the service or
access to the service.
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No guarantee of service
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Models.com.au provides its services on a commercially
reasonable basis and does not guarantee that members and/or users will
be able to access or use the services at times or locations of their
choosing. Specifically models.com.au reserves the right at any time to
modify or discontinue temporarily the service (or any part of the
service) with or without notice. You agree that models.com.au should not
be liable to you or to any third party for any modification, suspension
or discontinuance of the service.
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Advertisements and promotions
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Models.com.au runs advertisements and promotions on
models.com.au sites. By creating your models.com.au site, you agree that
models.com.au has the right to run such advertisements and promotions in
a manner and with such frequency that is subject to change. Your
dealings with the advertisers and their promotions found on or through
the service, including payment and delivery of related goods or services
are solely between you and the advertiser. You agree that models.com.au
should not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the service.
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Links. Links to the World Wide Web and other resources
may be available through models.com.au's services. Because models.com.au
has no control over such sites and resources, you acknowledge and agree
that models.com.au is not responsible for the availability of these
resources and does not endorse any of the content, products, advertising
or any other materials on or available from such sites or resources.
Accordingly, you acknowledge that models.com.au is not liable for any
loss or damage which occurs as a result of using or relying on the
content, goods and services found on these other sites.
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Disclaimer of warranties
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A) The member agrees that the use of this site is
entirely at the member's own risk. The site is provided on an "as is"
basis, without warranties of any kind. All express, implied, and
statutory warranties, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement
of proprietary rights, are expressly disclaimed to the fullest extent
permitted by law. Models.com.au also disclaims any warranties for the
security, reliability, timeliness and performance of the site to the
fullest extent permitted by law. Models.com.au disclaims any warranties
for other services or goods received through or advertised on the site,
as well as for any information or advice received through the site or
through any links provided in the site. Neither models.com.au nor any
third-party content provider makes any warranty with respect to any
content, information, services, or products provided through or in
conjunction with the site.
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(b) Models.com.au makes no implied or express
representations or warranties about the reliability, or accessibility of
the member pages or the associated storage facilities. Models.com.au is
not responsible for any damage caused by loss of access to, deletion of,
failure to store, failure to back up, or alteration of member web pages;
individual members are responsible for monitoring and creating backups
of their pages.
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Limitation of liability
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Under no circumstances shall models.com.au be liable to
any user on account of that user's use or misuse of the site or reliance
on the site. Models.com.au does not guarantee the legitimacy or identity
of any user, including any professional member, or of any information or
advice provided on models.com.au, including any information or content
provided by professional members or another third party. Models.com.au
does not guarantee that any users or members, including professional
members, will use the models.com.au web site properly or in compliance
with the terms and conditions applicable to them. Models.com.au does not
guarantee that any member will successfully obtain a contract,
employment or sponsorship of any kind as a result of membership in or
use of models.com.au. Your sole and exclusive remedy for any dispute
with models.com.au is the cancellation of your account as detailed below
in section 19 or the termination of your use of models.com.au. Such
limitation of liability shall apply to prevent recovery of direct,
indirect, incidental, consequential, special, punitive and exemplary
damages (even if models.com.au has been advised of the possibility of
such damages). Such limitation of liability shall apply whether the
damages arise from the use or misuse of the site or reliance on the
site, from inability to use the site or from the interruption,
suspension, or termination of the site or services offered on the site
(including such damages incurred by third parties). Such limitation
shall also apply with respect to damages incurred by reason of other
services or goods received through or advertised on the site or received
through any links provided on the site. Such limitation shall apply,
without limitation, to the cost of procurement of substitute goods or
services, lost profits, or lost data. Such limitation shall apply with
respect to the performance or non-performance of the site or any
products, services, information, or merchandise that appears on, or is
linked or related in any way to, the site. These limitations shall apply
notwithstanding any failure of essential purpose of any limited remedy.
Such limitations shall apply to the fullest extent permitted by law.
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Exclusions and limitations
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Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations of
sections 15 and 16 may not apply to you.
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Term, termination and cancellation
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The term of your membership begins on the date you
register as a member of models.com.au (i.e., The date your contact
information (name, address, e-mail address, billing information) is
entered into the models.com.au database) and will continue on a yearly
or monthly basis according to the applicable membership subscription
type you selected at registration time, until you cancel your membership
as set forth below, unless it is otherwise cancelled by models.com.au
pursuant to this terms of service agreement.
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You can cancel your membership at any time by delivering
thirty (30) days notice to models.com.au via e-mail sent to:
unsubscribe@models.com.au you are responsible for any charges incurred
to third-party vendors or content providers prior to your cancellation
and for all membership or subscription fees payable. You understand and
agree that the cancellation of your membership is your sole right and
remedy with respect to any dispute with models.com.au. This includes,
but is not limited to, any dispute related to, or arising out of (i) any
term of this terms of service agreement or models.com.au's enforcement
or application of this terms of service agreement; (ii) any policy or
practice of models.com.au, including models.com.au's content guidelines
and the models.com.au's privacy policy, or models.com.au's enforcement
or application of these policies; (iii) the content available on
models.com.au or the Internet or any change in content provided through
models.com.au; or (iv) your ability to access and/or use models.com.au
and its services.
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Notice
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Notices to you may be made via either e-mail or regular
mail.
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General information
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This constitutes the entire agreement between you and
models.com.au, inc. And governs your use of the service, superseding any
prior agreements between you and models.com.au. You may also be subject
to additional terms and conditions that may apply when you use
affiliated services, third-party content or third-party software. The
failure of models.com.au to exercise or enforce any right or provision
shall not constitute a waiver of such right or provision. If any
provision is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the terms and conditions remain in full force and
effect.
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We give no express or implied warranties
on information listed on models.com.au, we will always take care in
compiling the information, it does not warrant or represent that the
material contained in the directory is free from errors or omissions. If
you find any errors or omissions please advice us immediately by
contacting
support@models.com.au
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We reserve the right to cancel or reject any application.
30 days notice is required for cancellation of services. Models.com.au
Pty limited (ACN 101 461 581) does not endorse goods or services
advertised. Before entering into any transaction please realise this is
only a guide for services available.
Privacy laws
Models.com.au Pty Limited (ACN
101 461 581) is committed to providing you
with the highest levels of customer service. This includes protecting your
privacy. We are bound by new sections of the Commonwealth Privacy Act
1988, which set out a number of principles concerning the protection of
your personal information.
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