Terms and Conditions of Use
Model Society, LLC (generally “we”, “us”, “our” and “Model Society”), is the operator and host of the www.modelsociety.com website (the “Site”) and the Model Society Magazine iOS app (the "App"). This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the Site. The Terms and Conditions apply only to this Site and the App. They do not apply to websites that are linked to the Site. For access to the terms and conditions of linked websites, please refer to the home pages of such websites. The Terms and Conditions are subject to change at any time by us. Such changes will be posted on the Site as established by Model Society. It is your obligation to review the Terms and Conditions from time to time. Any changes to the Terms and Conditions will be effective immediately upon posting to the Site.
Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site. Your continued use of the Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site. If after reviewing the Terms and Conditions you have any questions or concerns regarding the contents thereof, please contact us by sending an email to info@modelsociety.com.
Section I: General Terms
These General Terms govern all uses of the site whether you are a registered member or just a visitor.
1. Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional, with the exception of Member Content.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners, and Member Content.
"Design" includes the user interface, color combinations and the page layout of the Site.
"Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Site.
"Member" refers to any individual who has registered with the Site regardless of designation between Community Member and Public Member.
“Community Member” refers to any individual who has registered and been accepted by Model Society as a contributor of Member Content to the Site.
“Public Member” refers to any individual who has registered as a non-contributing guest of the Site.
“Member Content” refers to photographs, images, profiles (including your name, image, and likeness), comments, messages, notes, text, information, and other content that a Member uploads, publishes or displays on or through the Site.
2. Availability
Model Society reserves the right to modify, suspend or discontinue the Site, in its sole discretion, at any time without notice. By using the Site, you agree that Model Society will not be liable for any modification, suspension or discontinuance of the Site.
3. Privacy
Model Society is dedicated to protecting and safeguarding your privacy. As such, we have created a Privacy Policy (link) to outline our commitment to you. The terms of the Privacy Policy are hereby incorporated into these Terms and Conditions.
4. Intellectual Property Rights
Except for Member Content submitted by you, all Content on the Site is the sole property of Model Society or its respective owners, as indicated, and is protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any Graphics.
The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All names, names of services, trademarks and service marks ("Marks") are the property of Model Society or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
5. Copyright
Model Society respects the intellectual property rights of its Members. Model Society disclaims any ownership rights in any Member Content. All rights to any Member Content remain with the legal copyright owner(s) of the specific work.
6. Reporting Copyright Violations
Model Society prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description (including URLs and web links) of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site (including URLs and web links);
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:Copyright Agent
Upon receipt of such notification, Model Society will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.
7. External Links
Model Society may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Model Society of the contents on such third-party sites and Model Society hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Unless Model Society expressly permits you to do so, you may not provide a hyperlink to the Site from any other website. Model Society reserves the right to revoke its consent to any link at any time in its sole discretion.
8. Conduct
You agree to be subject to and to conduct yourself in accordance with the Model Society Etiquette Policy. The Site and its services are intended to allow visitors to browse the Content of the Site. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Site is also subject to the following restrictions:
a. You may not send unsolicited commercial email to other visitors or members. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.
c. You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any user.
d. You may not upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
e. You may not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
f. You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
g. You may not intimidate or harass other visitors or members.
h. You may not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
i. You may not upload, post, transmit, share, store or otherwise make available content that portray acts of violence and/or depict the graphic portrayal of blood, and other internal fluids/organs.
j. You may not upload, post, transmit, share, store or otherwise make available content that are considered pornographic. For the sake of our policy 'pornographic' includes (but is not limited to) explicit sexual content, images that portray any kind of sexual penetration, bodily fluids (blood, urine, semen etc), and/or an erect penis (covered or not), and spread shots (vaginal or anal)..
k. You may not use or attempt to use another's account, service or system without authorization from Model Society, or create a false identity on the Site.
l. You may not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Model Society, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Model Society or its users to any harm or liability of any type.
You agree to defend, indemnify, and hold harmless Model Society, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, or your violation of these Terms and Conditions.
9. Disclaimer of Warranty and Limitation of Liability
THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MODEL SOCIETY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MODEL SOCIETY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. MODEL SOCIETY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL MODEL SOCIETY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
10. Amendment of the Terms
Model Society, from time to time, may amend, update, change or otherwise modify (“Updates”) these Terms and Conditions. All Updates will apply to your use of the Site as soon as they are posted to the Site. Your continued use of the Site will be deemed an acceptance of the latest version of these Terms and Conditions. If at any time you disagree with these Terms and Conditions, you may not continue to use the Site.
11. General
These Terms and Conditions and any operating rules for the Site established by us constitute ours and your entire understanding with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in Broward County, Florida. No waiver by use of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
12. Help
If you have any comments, questions or concerns about the Site please contact us by email at help@modelsociety.com.
Section II: Additional Terms
The General Terms above and these additional terms apply to all registered Members of the Site.
13. Membership Options
There are two distinct membership options for the Site: Public Members or Community Members. Public Members can browse the Site, purchase products, create custom albums, view images that are tagged as mature content, and receive updates on their favorite Community Members. Community Members can access any feature of the Site including submitting Member Content and participating in revenue sharing and collaborations.
14. Registration
To register as a Public or Community Member of the Site, you must be at least 18 years of age and lawfully permitted to enter into and form contracts under applicable law. Minors are strictly prohibited from registering as Members of the Site. All information submitted by you must be true, accurate, current and complete. It is incumbent upon you to keep all information up to date as Model Society will use the latest information submitted by you to identify you as a Member of the Site and confirm your account and any purchases made through the Site. Model Society respects your privacy and all information submitted by you is subject to our Privacy Policy (link).
15. Approval of Community Members
Prior to becoming a Community Member, you must first be approved by Model Society. As Model Society prides itself in being a community of the most talented models, photographers and artists, we have established internal procedures (staff and peer review) to determine whether your work is appropriate for inclusion on the Site. It is our goal to ensure that Model Society serves as a community of quality, creativity, and novelty. As such, we review each potential Community Member’s work with objectivity and without bias to the status of the creator(s).
If your work is not accepted for inclusion, you are still eligible to become a Public Member. You agree to respect the decisions made by Model Society and not disparage Model Society in any way for any refusal resulting from your application for Community Membership. We encourage you to continue to submit works for review as you hone your craft.
16. Password Protection
You must provide a protective password when you register as a Member of the Site. It is your responsibility to keep this password private and you agree that you will not disclose your member password to any third party for any reason whatsoever. All activities or actions taken under your password will be solely your responsibility regardless of whether you have authorized such activities or actions. In the event you discover an unauthorized use of your password, you must notify Model Society immediately at help@modelsociety.com
17. Submitting Member Content
As a Community Member, you have the privilege to submit Member Content of certain types to the Site. Prior to submitting Member Content that consists of any photographs, artwork, or computer-generated images or other artwork or images that you submit to the Site in any medium or format whatsoever (“Images”), you must first accept the terms of the Submission Agreement (link), which is incorporated into, and forms part of, these Terms and Conditions. You acknowledge that you are solely responsible for all Member Content and material you upload, post or otherwise transmit using the Site.
18. Print Program
As a Community Member, you will also be granted the privilege of listing your Images, for sale through the Model Society Print-On-Demand Program.
Prior to submitting Images for sale, you must accept the additional terms and conditions of the Submission Agreement.
19. Collaborations and Royalty Share
When uploading an Image to the Site, you will have the opportunity to add other Community Member(s) as collaborators to the Image(s) being submitted (“Collaboration(s)”). Any Community Member added as a collaborator (“Collaborator”) will be notified through the Site and must first accept the Collaboration and agree to the terms of the Submission Agreement before any attribution to the Collaboration is assigned to Collaborator.
The Collaborator who originally uploads the Image and opts to participate in the Print-On-Demand Program has the opportunity to share any “Member Revenue” resulting from the sale of the Collaboration with attributed Collaborators (“Revenue Share Rights”). “Member Revenue” refers to the Community Member’s portion of revenue resulting from the sale of an Image through the Site, as further set forth in the Submission Agreement, which is incorporated herein. All Member Royalties will be split evenly amongst all Collaborators who have been given Royalty Share Rights.
Only the Community Member who initially uploads the Image may assign Collaborators and Royalty Share Rights. The Community Member who uploads the Image may, at any time, delete a Collaborator from an Image and/or revoke Royalty Share Rights for an Image. A Collaborator may, at any time, remove themselves as a Collaborator or withdraw from receiving a Royalty Share from the sale of the Image.
If you feel you should be added as a Collaborator to an Image, you may privately contact the Community Member who first uploaded the Image.
Model Society is not responsible for any disputes that arise between Collaborators from any Collaboration uploaded to the Site. All disputes must be resolved privately between respective Collaborators outside of the Site.
20. Model Citizens
Model Society cares very deeply about giving back and encourages its Community Members to make charitable donations to designated charitable organizations. All Community Members may opt-in to Model Society’s Model Citizen Program which automatically donates 5% of all Member Revenue made from the sale of their Images through the Site to designated charities. Model Society will match all donations made by its Community Members. Click here for more information on Model Citizens.
21. Print-On-Demand Program
From time to time, a Community Member may make certain Images available for purchase through Model Society’s Print-On-Demand Program. All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.
In general, Model Society accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Model Society at www.modelsociety.com/contact/ and we will let you know whether you need to return the product(s) to us in order to resolve your purchase return. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Model Society on returned items, and Model Society will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Model Society's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE MODEL SOCIETY SHOP IS PROVIDED ON AN "AS IS" BASIS. MODEL SOCIETY'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE MODEL SOCIETY SITE SHALL BE FOR MODEL SOCIETY TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THESE TERMS AND CONDITIONS.
22. Copyright in Member Content
Model Society does not claim ownership rights in Member Content. For the sole purpose of enabling us to make Member Content available through the Site(in conjunction with the rights granted in the Submission Agreement), you grant to Model Society a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Member Content. Please note that when you upload Member Content, third parties may be able to copy, distribute and display Member Content using readily available tools on their computers. Model Society will not be held responsible for any third parties whose actions paragraph 4 of these Terms and Conditions.
23. Storage Policy
Model Society provides generous limits on the volume of Member Content you upload to the Site. However, Model Society reserves the right to further limit the volume and duration of Member Content uploaded to the Site should the need arise. Model Society provides you with an opportunity to increase your storage limits based on certain factors such as referrals of Public and Community Members. You further acknowledge that Model Society reserves the right to modify its storage policies from time to time, with or without notice to you.
24. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Model Society. Commercial activities with respect to the arts are permitted for Community Members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a Community Member or for those seeking to retain the services or works of a Community Member. No other commercial activities are permitted on or through the Site without Model Society's written approval. Any interactions with Members of the Site with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other Member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
25. Suspension and Termination of Access and Membership
You agree that Model Society may at any time, and without notice, suspend or terminate any part of the Site, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Member Content stored on the Site, in Model Society's sole discretion.
