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 Terms & Conditions

Individuals under the age of 18 must consult with their parents or guardians about the use of the site for their benefit.

 

The following describes the terms under which models.com.au offers you access to its services.

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.

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.

 

Registration obligations

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.

 

Member conduct

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.

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.

You agree to notify models.com.au immediately of any unauthorised use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on models.com.au's site:

(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;

(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;

(c) The harming of minors in any way;

(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;

(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;

(f) Intentionally or unintentionally violating any applicable local, state, national or international law;

(g) The collection or storage of personal data about other users;

(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;

(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);

(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;

(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;

(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;

(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).

(n) The selling or placement of advertising on your models.com.au home page or portfolio page to anyone or any commercial third party;

(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;

(p) Taking any action which imposes an unreasonable or disproportionately large load on the models.com.au web site's infrastructure;

(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;

(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

(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.

Content submitted to models.com.au

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.

Charges and billing

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.

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.

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.

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.

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.

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.

No spam : damages

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.

Special warnings for international use

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.

Indemnification

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.

No resale of service

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.

No guarantee of service

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.

Advertisements and promotions

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.

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.

Disclaimer of warranties

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.

(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.

Limitation of liability

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.

Exclusions and limitations

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.

Term, termination and cancellation

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.

You can cancel your membership at any time by delivering thirty (30) days notice to 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.

Notice

Notices to you may be made via either e-mail or regular mail.

General information

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.

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

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.