TERMS OF SERVICE


(1) Acceptance of Terms of Service


Welcome to ModelTab.


ModelTab provides its services (hereinafter the "Service") provided that you agree to respect the present terms and conditions (hereinafter "Terms of Service"). This commitment related to the use of our Service is taken with ModelTab SAS. Further information on ModelTab SAS are available on the page "Legal informations".


(2) Change in the Terms of Service


The Terms of Service may be updated by ModelTab at any time with or without notice. You can check the latest version of these Terms at any time online on this page.


(3) Description of the Service


3.1) ModelTab provides users with an Internet service platform (hereinafter referred to as the "Interface") on which they can access the Service, including i) display their photos online ii) create and participate in various events like castings and photo shoots iii) communicate with each other or with third parties non-registered in the Service.


Users of the Service (hereinafter referred to as "Users") are all natural or legal persons registered in ModelTab Service through a free or paid subscription. Among the Users, you may find the ollowing categories of persons:
- Mannequins, freelance models or beginners models
- Professional photographers or beginners photographers,
- Models agencies and other professionals (like designers, stylists, make up artist, etc.) and advertisers (all media / film / TV / press / internet), etc.

3.2) ModelTab does not take part, in any way, to communications among Users, or between Users and third parties. If Users enter into agreements and/or transactions and/or contracts between themselves or with a third party via the Interface, ModelTab shall not be a contracting party to these agreements and/or transactions and/or contracts.

Users acknowledge to be solely responsible for the execution of such agreements and/or transactions and/or contracts.

ModelTab shall not be held responsible if Users fail to communicate between themselves or with a third party on the Interface regarding these agreements and/or transactions and/or contracts.

Moreover, ModelTab shall bear no liability of any nature whatsoever for the consequences of such communications and/or agreements and/or transactions and/or contracts, and in case of violation of these agreements and/or transactions and/or contracts.


(4) Service Cost


Some limited functionality of ModelTab are free through a free subscription (hereinafter referred to as "FREE Account"), while the use of all or part of the full range of services requires to subscribe to a payable subscription (hereinafter after called "Pack(s)").

The perimeter and applicable fee of each Pack is described on the page "Packs". The applicable fee related to a Pack is shall be payable upon subscription on ModelTab.

Payments are made using different online systems of payment available on the Interface. Users shall have the benefit of a Pack once ModelTab has received the related payment. Some Packs may be offered for free to a User under certain conditions described on the Interface.


(5) Change / Service Interruption


5.1) ModelTab reserves the right, at any time, to modify, suspend temporarily or permanently all or part of the Service and this without having to first inform the Users. ModelTab shall not be held responsible against the User or any third party for any modification, suspension or discontinuance of the Service.


5.2) The User acknowledges and agrees that it is technically impossible to achieve 100% availability of ModelTab Service due to maintenance-related events, viral attacks, security vulnerabilities, capacity requirements and/or events beyond the control of ModelTab (eg disruptions in public communication networks, outages, etc.).
5.3) Any new features that extend or enhance the Service are subject to these Terms of Service.

(6) Registration to the Service


6.1) Future Users must register before using the Service. By sending the registration form duly filled in, the future User accepts these Terms of Service, and undertakes to respect them. ModelTab accept such registration request by enabling the User to access the Service.


6.2) The User of the Service warrants that he or she has the legal age in his/her country of residence on the day of registration, otherwise the registration to ModelTab shall be subject to the written consent of the parents or legal guardian. In any case, the persons under 18 years old are not allowed to use the Service.


6.3) Upon registration, the User agrees to provide accurate and updated information about himself (hereinafter referred to as the "Registration Data"). The User agrees to maintain accurate and updated its Registration Data.
These Registration Data are limited and include private information (not published on the internet) and public informations (published and available on the internet) and are accompanied by a limited number of photographs. These photographs are intended to be made public (published and available on the internet).


The real name of the User, his/her address, his/her telephone number, his/her email address and date of birth will in particular not made public (not published on the internet).


The Registration Data include a Nickname (alias or assumed name) selected by the User for public display of his/her profile on the internet.
The Registration Data also include a password chosen by the User during registration. This password is necessary for the User to access his/her account and his/her dedicated page on the Interface. The User must keep his/her password secret and shall not disclose it to a third party. The User must immediately notify ModelTab of an unauthorized use or abuse of his/her password and/or account. If the User disclose to a third party his/her password, he/she shall be held fully responsible for all actions and/or communications of such third party via the interface.


The registration on ModelTab allow the User to benefit of a Modeltab personal email address, accessible through the Interface. This Modeltab email address is made public (published and available on the internet).


6.4) The application for registration, once completed and sent, gives access to Service. Nevertheless, this application for registration shall be validated retrospectively by ModelTab. Indeed, ModelTab reserves the right to reject Users it deems likely to impair its brand and/or its material or moral interests, at ModelTab sole discretion. This refusal can occur at any time during the registration/validation process. If such rejected User had sucribed and paid a Pack, the related payment will be refunded within an average of seven (7) business days after such refusal.


6.5) Once its account opened and validated, the User will be invite to provide additional private informations (not published on the internet) and public information (published and available on the Internet). The User agrees to provide/maintain true and accurate these additional and/or updated informations.

(7) No ModelTab Warranty on the Content


Are referred to as the "Content" the following:
- All data, information, photographs and pictures published on ModelTab by Users;
- Any event of any kind (casting, photo shoot, etc) published on ModelTab, organized by a User or by a third party and / or to which a User participates;
- Any email messages, agreements, transaction, contract or any kind of data exchanged via the Interface between ModelTab Users or with a third party.


The User expressly acknowledges and agrees that ModelTab (and/or its employees and/or representatives) shall make no warranty of any kind about the Content and/or data and/or information, published, sold or offered by another User or a third party on ModelTab.

In particular, the User expressly acknowledges and agrees that ModelTab shall not, in any way, guarantee that such Content and/or data and/or information are true or accurate, or that they fulfill or serve a particular purpose. Furthermore, the User expressly acknowledges and agrees that the ModelTab responsibility shall not be engaged in any way, directly or indirectly due to any decision or action taken on the basis of such Content and/or data and/or information provided, issued, sold or offered on the Interface.


More generally, the User expressly acknowledges and agrees that its use of the Service is at his/her own risk. The Service is provided on the basis of a service "as is" and accessible according to its availability. ModelTab provides no express or implied warranty of the quality of the Service, its compatibility for a specific use and/or the non-violation of the Terms of Service of the Service by its Users. ModelTab shall not guarantee that i) the Service and/or the Content and/or any products, services, information, data supplied, released, purchased or provided by the User via the interface will meet the expectations of the User ii) the Service will be uninterrupted, timely, secure or error-free iii) the results that may be obtained through the Service will be accurate or reliable iv) the defects in programming or in the softwares used, if existing, will be corrected.

In addition, any content or material uploaded or downloaded or obtained by any means during the use of the Service through the Interface is at the risk and peril of the User. Users are solely responsible for any damage to their computer or any other equipment or loss of data through downloading, uploading, accessing the Interface or the Content, modifying the Content and/or any actions and/or communications through the Interface.


Moreover, no advice or information, whether oral or written, obtained by the User from a ModelTab representative or through the use of the Service shall create guarantees not expressly provided by these Terms of Service.


The User is aware that ModelTab strongly encourages any User noting the direct or indirect infringements of these Terms of Service to promptly report such infringement to ModelTab through contact@modeltab.com.

(8) Limitation of liability of ModelTab

The User expressly acknowledges and agrees that, to the extent of the current regulations, ModelTab shall not be held responsible for any direct or indirect damage, especially in terms of lost of profits, clients, data or any other tangible or intangible losses (even if ModelTab has been advised of the possibility of such losses) that may occur i) from the use of or inability to use the Service, ii) from the costs which arise from consequences related to the receipt of a message or transaction through the use of the Service iii) from the costs of any kind that may arise due to the change, unavailability, suspension and/or exclusion of the Service iv) from the costs of any nature arisen from the acquisition of substitute goods or services resulting from temporary or permanent non availability of the Service, v) as a result of unauthorized access to the Service that may amend the User's transmissions and/or data, v) as a result of the declaration or the conduct of another User or third party on the Service vi) as a result of failure to obtain the products and/or services ordered to another User or to a third party through the Service, vi) as a result of any other actions and/or decisions of any kind related to the use of the Service.

(9) Monitoring of the Content during the subscription period

If ModelTab deems that a User, through its published Content, is likely to harm the brand and/or the material or moral interests of ModelTab, ModelTab alone being judge, ModelTab is entitled at its sole discretion to take the following actions:

9.1) Removal of all or part of the Content of a user. In this case, and if the User has subscribed to one or more Pack(s), the User is not entitled to claim reimbursement of all or part of the fees paid.

9.2) Issuing a warning to a User. In this case, and if the User has subscribed to one or more Pack(s), the User is not entitled to claim reimbursement of all or part of the fees paid.

9.3) Temporary blocking of the User. In this case, and if the User has subscribed to one or more Pack(s), the User is not entitled to claim reimbursement of all or part of the fees paid.

9.4) Exclusion of the User. In this case, the User's reimbursement rights are specified in clause 10.3) of these Terms of Service.

(10) End of registration/subscription to the Service

10.1) The User may terminate its registration/subscription to ModelTab at any time and without cause. The User then sends a notice of termination through contact@modeltab.com. The notice shall include the first and last names, the User's Nickname, his/her date of birth and email address.

If the User ending the Service had subscribed to one or more Pack(s) and paid the related fees, this fee shall not be refunded.

10.2) The benefit of the Pack(s) subscribed on ModelTab are for a limited time and shall expire automatically at their term if the User does not pay the renewal fees.

10.3) ModelTab reserves the right to terminate any registration/subscription of a User at its sole discretion if ModelTab believes that this User is likely to harm its image an/or its material or moral interests, ModelTab alone being judge. Such exclusion can occur at any time. If an excluded User had subscribed to one or more Pack(s) and pay the related fees, these fees shall not be refunded. The User expressly acknowledges that in no event ModelTab can not be liable for any damages and/or interests of any kind, directly or indirectly, following n exclusion.

10.4) In the absence of use of the Service by a User over 6 months, and if the User has subscribed to a FREE account without valid Pack, ModelTab reserves the right to terminate the account of this User without notice. The User account is disabled, and its contents permanently deleted. His/her Modeltab personal email address and all its Content are permanently deleted. ModelTab keeps no backup of these items permanently deleted.

(11) Protection of Privacy

The public Content (referred to as "Public Information" on the Interface) filled by the User through the Interface is intended to be published on the internet and accessible by all.

The private content (called "Private Information" on the Interface) filled by the User through the Interface (including most of the Registration Data, see Article 6) is subject to the privacy policy of ModelTab described below.

11.1) Private Content protection

ModelTab communicate to no third party without prior consent of the User, information and private data that the User provides. ModelTab does not collect personal information about its Users, unless the User provides them knowingly and freely to the needs of the Service.

According to Article 34 of French Law No. 78-17 of 6 January 1978 on computers, files and freedom, the User has a right to access, rectify and delete data about him. The User can exercise this right at any time through contact@modeltab.com.

By using ModelTab Service, the User agrees that ModelTab collects and uses information that is specific to the User, according to these Terms of Service.

11.2) Public Content protection

There is no effective technical means today that can prevent copying of public Content (such as Public Information) published on the internet via the Interface. If you do not want that one can copy your Content, do not publish it on the internet.

(12) Obligations of the User

12.1) The User agrees to provide accurate, current and complete information about himself, both in his public profile and its communications with other Users or third parties.

12.2) The User acknowledges and recognizes that the public Content posted on ModelTab is under his sole responsibility, as the person who issued and published such Content. Although this Content might have been subject to a review/validation by ModelTab, only the User, is responsible for such Content, not ModelTab.

12.3) Only the User, not ModelTab, is responsible for personal contact means published by the User through the Interface (such as but not limited to personal email address, website or personal page Internet, telephone number, home address, etc.) or via his/her Modeltab personal email address.

In no event ModelTab shall be liable for messages that could be sent to the User by any means on the Interface or through information collected or obtained on the Interface.

12.4) ModelTab expressly prohibited:

12.4.1) any pornographic, offensive, threatening, hateful or defamatory content, or any content that violates the laws applicable to protection of minors;

12.4.2) any reference of a User’s ModelTab profile page on a website/media which is not related to fashion, photography or art; including and not limited to: internet dating sites, escort directories and striptease, websites publishing pornographic, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to private life of others, hateful, racially or ethnically content, or otherwise objectionable;

12.4.3) any striptease or escorting services proposal;

12.4.4) any use for purposes of soliciting or prostitution;

12.4.5) any Attempt to mislead other Users by usurping the name of others;

12.4.6) Any Advertising, promotion or distribution of products or services that are not in compliance with the laws applicable to protection of minors;

12.4.7) any publication or communication or transmission, in any manner whatsoever, of a Content that the User does not have the right to broadcast by legislation or legal act (including internal, privileged, confidential information learned or disclosed as part of a work contract or a confidentiality agreement, this list being not exhaustive);

12.4.8) any publication or communication or transmission, in any manner whatsoever, of a Content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right of any party;

12.4.9) any publication or communication or transmission, in any manner whatsoever, of a Content that contains software viruses or any other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, this list being not exhaustive);

12.4.10) any violation of any local, regional, national and / or international law or regulation;

12.4.11) any harassment in any manner whatsoever of another or several other Users, or a third party.

12.4.12) any collection or storing of personal data about other Users;

12.4.13) any distribution, disclosing or publicizing of ModelTab non public information.

Each User of the Service evidencing direct or indirect infringements of these Terms of Service, including the User's obligations as described in the present Article 12 is encouraged to promptly report such infringement to ModelTab through contact@modeltab.com.

(13) Prohibition to resell the Service
The User agrees not to reproduce, copy, sell, resell or exploit for any commercial purposes whatsoever all or part of the Service, use of the Service, or any right of access to the Service, without the written consent previously and expressly given by ModelTab.


(14) Internet Links


The Service may provide links to other sites or sources of information on the internet. ModelTab having no control over such sites and/or external sources, the User acknowledges that ModelTab shall not be held responsible for the availability of such external sites or resources, and ModelTab shall not endorse the content of these sites or sources external (or available from them) and shall not be held responsible for their content(s). Users also acknowledge that ModelTab shall not be held responsible, directly or indirectly, for damage or loss caused or alleged to result from the use of such content(s), or for any actions taken in reliance of the latter, provided by such sites and/or external sources.


(15) Defence and compensation


The User agrees to defend, indemnify and hold harmless ModelTab in case of any legal action taken by another User or by a third party arising from his/her own use of the Service, or in connexion with this Use, including any damage, loss or expense of any kind and of any nature, directly or indirectly caused to ModelTab, as part of a claim or lawsuit, including any award of damages, transactional compensation, court costs or attorneys fees. In such a case, ModelTab shall notify in writing to this User the occurrence of such complaint or such legal action.

(16) Property Rights


16.1) User's rights


ModelTab do not claim ownership or control over any Content provided and/or displayed by the User through the Interface. The User keeps the rights relating to patents, trademarks and copyright related to his/her Content, and shall be responsible of the protection of such rights. By providing and exposing a Content through ModelTab, the User grants to ModelTab a free worldwide non-exclusive licence of reproduction, adaptation and/or publication of such Content on ModelTab Interface and on any advertising and/or communication ModelTab supports on the internet or any other medias. This license ends when the User terminates the service. The User may? at any time and without notice, terminate the Service on simple request, by sending to ModelTab a notice of termination through contact@modeltab.com.

ModelTab shall not be held responsible for the remaining of certain content published through ModelTab communications and/or advertisements on other websites or sources of information on the internet after the end of such license.


16.2) ModelTab's rights


ModelTab and its affiliates and licensors own and retain all rights of any kind related to the Service, which contains exclusive and confidential informations protected by applicable laws on intellectual property and other laws and regulations. Except with the previous express and written authorization of ModelTab, the User shall not be permitted to copy, modify, publish, transmit, distribute, perform, display or sell information owned by ModelTab.

(17) Miscellaneous


These Terms of Service are subject to and shall be interpreted in accordance with French law, excluding choice of law rules and whatever the nationality or the actual country of residence of the User. The parties undertake to submit any dispute to the jurisdiction of French courts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be invalid or unenforceable, the remaining provisions of the Terms of Service remain in full force. The User shall not assign or delegate to a third party all or part of its rights and obligations under these Terms of Service, on its own or by operation of law, without the previous written agreement of ModelTab. Any unauthorized assignment or delegation shall be null and void.


These Terms of Service constitute the entire agreement between the User and ModelTab regarding the considered subject and supersede any and all other agreements, including prior or concurrent agreements, written or oral, relating to the matter. Any waiver of any provision of the Terms of Service by either party shall be effective only if agreed in writing and signed by both ModelTab and the User.

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