PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS REFERENCED HEREIN COLLECTIVELY AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Models Circle (“Company”, “we,” or “us”) .You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at https://modelscircle.com/
Subject to the conditions set forth herein, Models Circle may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Models Circle will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email.
If the Substantial Change includes an increase in fees charged by Models Circle , Models Circle will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in fees or any temporary or promotional fee change.
Any revisions to the Terms of Service will take effect on the noted effective date.
1. MODELS CIRCLE ACCOUNTS
1.1 REGISTRATION AND ACCEPTANCE
By registering for an account to use the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the Site, you must register for an Account. Models Circle reserves the right to decline a registration to join Models Circle for any lawful reason or other business considerations.
1.2 ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. 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 any false or misleading information about your identity and portfolio (for freelancers) and to correct any such information that is or becomes false or misleading.
Furthermore, once your account is approved, any changes in your profile will be subject for revalidation.
1.3 ACCOUNT TYPES
As described in this Section, there different Account types. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
1.3.1 CLIENT ACCOUNT
You can register for an Account to use the Site as a Client (a “Client Account”).
1.3.2 FREELANCER ACCOUNT
You can register for an Account to use the Site as a Model (a “Freelancer Account”)
1.4 ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business.
By granting other Users permissions under your Account, including an Employee or Agent you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into Service Contracts. If any such User violates the Service Contracts, it may affect your ability to use the Site.
1.5 USERNAMES AND PASSWORDS
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 username and password and agree not to share your username or password with any person who is not authorized to use your Account.
You authorize Models Circle 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 the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
1.6 PERSONAL DATA
After registration, Models Circle may will use your personal data such as personal information and portfolio as set out in privacy notice and as provided by you in your profile.
Whenever you upload content on the Site, you grant the company a non-exclusive license to host, use, copy or display and create derivative works of your content and to publish, promote and advertise the work on the Site. The Site is not accessible to the general public but your content will be visible to approved Clients of the Site.
The Company’s licence to use your content will terminate when you either individually delete your content from the Platform or your account has expired or been otherwise terminated in accordance with the terms of the agreement.
2. PURPOSE OF MODELS CIRCLE
The Site is a marketplace where Clients and Freelancers can identify each other and engage services online. Please take note that this is not a dating and escort services website.
Models Circle provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.
2.1 RELATIONSHIP WITH MODELS CIRCLE
Models Circle Site enable Freelancers and Clients to find each other. Through the Site, Freelancers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or Freelancer on their own.
If Users decide to enter into a Service Contract, the Company prepares the Service Contract. Clients and Freelancers are not allowed to work directly outside of the Site.
3. WARRANTY DISCLAIMER
You agree not to rely on the site and any information on the site. The site and the site services are provided “as is” and on an “as available” basis. Models Circle makes no representations or warranties with regard to the site, the site services, work product, user content, or any activities or items related to this agreement or the terms of service. To the maximum extent permitted by applicable law, Models Circle 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.
4. LIMITATION OF LIABILITY
Models Circle is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
- your use of or your inability to use our Site;
- delays or disruptions in our Site;
- viruses or other malicious software obtained by accessing, or linking to, our Site;
- glitches, bugs, errors, or inaccuracies of any kind in our Site;
- damage to your hardware device from the use of the Site;
- the content, actions, or inactions of third parties’ use of the Site;
- a suspension or other action taken with respect to your Account;
- your reliance on the accuracy or reliability of Profiles, ratings, recommendations, and feedback found on, used on, or made available through the Site.
You also hereby release Models Circle, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to Client by a Freelancer and requests for refunds based upon disputes.
Unless both you and Models Circle expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
You may provide written notice to email@example.com. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed. -
If Models Circle decides to temporarily or permanently close your account, Models Circle has the right where allowed by law to: (a) notify other users that have entered into service contracts with you to inform them of your closed account status, (b) provide those users with a summary of the reasons for your account closure. You agree that Models Circle will have no liability arising from or relating to any notice that it may provide to any user regarding closed account status or the reason(s) for the closure.
6.2 ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Models Circle will have no liability whatsoever. Models Circle, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
7. DISPUTES BETWEEN YOU AND MODELS CIRCLE
7.1 CHOICE OF LAW
7.2 ALTERNATIVE DISPUTE RESOLUTION
Before filing a claim in court, you and Models Circle agree to first notify each other of the Claim and try to resolve the issue amicably. You agree to notify Models Circle of the Claim by mail sent to –address- or by email to –email- and Models Circle agrees to provide to you a notice at your email address on file. You and Models Circle then will seek alternative dispute resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Models Circle, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Models Circle will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
8.1 ENTIRE AGREEMENT
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Models Circle relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Models Circle drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Models Circle because of the authorship of any provision of the Terms of Service.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
8.3 FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
"Site": the area of the Website accessible only with valid credentials and through which registered Clients can engage the services of a freelancer for a particular project and Freelancers can offer their services for a certain fee:
"Freelancers": Models using the site
"Clients": agents/agencies, photographers, makeup artists, stylists and other professionals using the Site