Privacy Policy – Model Machine Experiential

Model Machine Privacy Policy

Section 1A & Section 1B specifically references the page titled “Become a Model” (http:www.modelmachine.com/model-application/) of the Model Machine LLC Website.

Section 1A

All “Model Application” applicants requesting to become a model on our team understand that Model Machine LLC reserves the right to approve or deny any applicant. Your information will be reviewed within a reasonable period of time depending on company availability. If your “Model Application” submission is approved and Model Machine LLC is interesting in submitting you for job orders you will be contacted. We apologize that we may not be able to contact every submission.

Section 1B

By submitting your request to “Model Application” the applicant agrees to the following. I GIVE FULL PERMISSION TO MODEL MACHINE LLC TO USE ANY PHOTOGRAPHIC IMAGES AND ANY PERSONAL INFORMATION GIVEN TO THEM BY ME OR TAKEN FROM ANY OTHER INTERNET SITES WHICH I CURRENTLY HAVE PHOTOS POSTED FOR MARKETING PURPOSES IN ORDER FOR THEM TO MARKET ME IN ANY UNREGISTERED MANNER THEY FEEL WOULD BENEFIT MY TALENT CAREER AND CREATE AN ONLINE PORTFOLIO AT MODEL MACHINE WEBSITE. I ALSO STATE THESE IMAGES USED ARE NOT COPYRIGHTED AND/OR I HAVE BEEN GIVEN PERMISSION TO USE THEM FOR MARKETING PURPOSES TO BE CARRIED OUT BY MODEL MACHINE. BY ACCEPTING THIS, I RELEASE MODEL MACHINE AND ALL/OR ANY OF ITS ASSOCIATES AND/OR INDEPENDENT CONTRACTORS FROM ANY LIABILITY RELATING TO PHOTOGRAPHIC IMAGES RECEIVED IN THIS MANNER. THIS IS TO INCLUDE ANY AND ALL INTERNET TRANSMISSIONS OF THE PICTURES AND OTHER INFORMATION BY ME TO ANY OF THE EMAIL ADDRESSES OF MODEL MACHINE, ANY OTHER INTERNET SITES WHICH I CURRENTLY HAVE PHOTOS POSTED AND PRINTED MATERIALS / PHOTOS OF ME AS MODEL / TALENT.

Terms of Use

Welcome to www.modelmachine.com (also referred to in these Terms of Use as “the site” or “this site”). This site is owned by Model Machine LLC (referred to in these Terms of Use as “Model Machine”). Model Machine maintains this site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”)

PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS SITE, YOU CONFIRM YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THE SITE.

Model Machine reserves the right, at its own discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify an aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions and / or deletions.

Ownership

All content and information included on this site, including without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or visual clips, digital downloads, data compilations and software is the property of, or licensed to, Model Machine or is the property of Model Machine’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on this site is the property of Model Machine and is protected by the laws of the United States and other countries and international treaties. Model Machine marks indicated on this site are registered trademarks of Model Machine. All other marks that are not owned by Model Machine that appear on this site, such as those of Model Machine clients, are the property of their respective owners, which may or may not be affiliated with or connected to Model Machine. All of the above marks may not be copied, downloaded or otherwise or exploited without the permission of Model Machine or the owner of such marks.

License And Use Of The Site

MODEL MACHINE RESERVES ALL RIGHTS TO DENY OR RESTRICT ACCESS TO THIS SITE TO ANY PARTICULAR PERSON, OR TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THIS SITE, AT ANYTIME, WITHOUT DESCRIBING ANY REASONS AND / OR NOTIFICATION WHATSOEVER

Model Machine grants you a limited, revocable, non-exclusive license to access the Model Machine Services for personal, non-commercial purposes, subject to the Terms of Use. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) frame or link to any page within or modify all or part of this site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from this site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold or otherwise exploited for any commercial purpose without Model Machine prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved to the owner and not transferred or licensed to you.

ACCESS TO THE SITE AND AVAILABILITY OF SERVICES

This Site is intended for use by users 16 years of age or older. The Site contains Content and Services (including, but not limited to, user registration, certain Content and email alerts) that are subject to heightened age and or other eligibility requirements. By using or attempting to use this Site, you certify that you are at least 16 years of age or older and meet any other eligibility and residency requirements of this Site.

You are responsible for any charges incurred in obtaining access to Model Machine and the Services. The Sites and Services are currently provided for free, although you may be given the opportunity to purchase products or services through the Sites from Model Machine or its partners. Model Machine reserves the right to change the nature of this relationship at any time.

REGISTRATION RULES AND REQUIREMENTS

Registration

Registration may be required to access certain Services or Content, to post comments or reviews or to receive email alerts, RSS feeds or other interactive or on demand Services. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Model Machine suspects that your information is untrue or inaccurate, not current, or incomplete, Model Machine may, in its sole discretion, suspend or terminate your membership and / or access to certain Content or refuse current or future access to the Service. Any personal information supplied hereunder will be subject to the terms of our privacy policy. You agree to promptly notify us of any unauthorized use of your username, password or other account information that you become aware of relating to any Model Machine Site or Service.

Passwords

Should Model Machine provide to you a password that allows you to access certain parts of the Site or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Model Machine of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site or the Services at the end of each session to prevent fraud on your account by third parties.

Communications from Model Machine

Model Machine may send you newsletters or other communications. You have the option to unsubscribe from such emails. With your permission, Model Machine may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an email to an account that shall be designated for that purpose. Model Machine reserves the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Site or Services.

USER CONTENT

Portions of the Site or Services may provide you and other users an opportunity to submit, post, transmit and / or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, emails or material, including your name and likeness, to us, the Site or Service or others (“User Content”). By posting such User Content you represent and warrant that it complies with these Terms of Use. If you transmit or otherwise deliver User Content to Model Machine, including but not limited to submission via website and / or related to all Model Machine email addresses (listed or not listed on website), you grant Model Machine a non-exclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such User Content or incorporate such User Content into other woks in any form or medium and through any means or modes of distribution or technology now known or hereafter developed.

Original Content: Any User Content that you post or upload must be either (a) an original work by you that does not copy or use other works, or (b) content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to model Machine under these Terms of Use. Before you post content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the World, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.

Rights Granted To Model Machine: You hereby agree, represent and warrant to Model Machine that you own or have been granted the necessary intellectual property and other rights in the User Content to grant (including without limitation, its licensees, successors and assigns), the perpetual and irrevocable, non-exclusve right and license to (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, “fingerprint” [through use of content recognition technology], archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, and transform the User Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by Model Machine in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on Model Machine websites, on other websites, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including without limitation, advertising promotion and publicity for the Site and the Services, as well as the other websites and User Content produced by Model Machine, and its parent and affiliated companies, all without further notice to, consent from or payment to you. You waive any and all “moral rights” you may have in the Content.

Without in any way limiting the foregoing, you acknowledge and agree that Model Machine, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Model Machine under these Terms of Use, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Model Machine its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenues generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate Model Machine or any other person or entity to exercise any of the rights granted by you under these Terms of Use. Model Machine and their successors, licensees and assigns, , will have the unlimited right to assign these Terms of Use and the rights granted by you under these Terms of Use and the rights granted by you under these Terms of Use at any time, in whole or in part, to any party. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created by Model Machine, and / or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content.

In addition to all of the legal and equitable rights and remedies available to Model Machine in connection with theses terms or your User Content, you acknowledge and agree that Model Machine shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever.

Use of Name and Likeness: By sending Model Machine your User Content, you consent to use and reuse by Model Machine, its licensees, successors and assigns, of your likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as edited, altered, fictionalized or modified by Model Machine, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with this site or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that Model Machine, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.

CONTENT LINKED TO THIS SITE

While browsing the internet and while using this site please exercise discretion and common sense. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links (alone or via banner ads or icon boxes) to other websites form this site’s pages that take you outside this site. Access these thinks at your own risk. This includes links to organizations, fan clubs, advertisers, and industry associations, as well as websites maintained by Model Machine sponsors, Model Machine clients, Model Machine events and Model Machine affiliates that may or may not use our logo. You agree that Model Machine has no responsibility or obligation to review or monitor these other websites. These other websites may send their own cookies to users of their websites, collect data, or solicit personal information. These other websites may contain content or information that you may find inappropriate or offensive. Model Machine reserves the right (but shall have no duty) to disable links from these third party websites to this site. Model Machine makes no representations concerning the content of websites linked to this site or listed in any of our directories. Consequently, Model Machine cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in our search results or otherwise linked to this site.

MERCHANTS

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through this Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Model Machine will 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 merchants on the Site or Services.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODEL MACHINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON INFRINGEMENT. MODEL MACHINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND / OR ANY CONTENT ON THIS SITE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODEL MACHINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TEMRS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONS.

Model Machine explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on this site or sites that link to or from this site. Model Machine cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. Model Machine does not endorse any of the merchandise, product or services (if any) except as expressly provided, nor has Model Machine taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Model Machine does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MODEL MACHINE WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

THIS SITE IS ACCESSED AND USED AT YOUR OWN RISK. THOUGH REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THAT THIS SITE IS CURRENT AND CONTAINS NO INACCURACIES OR ERRORS, NO GUARATNEES ARE MADE THAT THIS SITE WILL BE ERROR-FREE, ACCURATE, COMPLETE OR CURRENT AT ALL OR ANY TIMES.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your own information and for all activities that occur during your use (or anyone authorized by you) of this site. You agree to defend, indemnify and hold harmless Model Machine, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees, managers and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, judgments, costs and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyrights, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any breach of any of the representation, warranties or other terms or conditions relating to use of User Content you supply (d) any non-compliance by you with the terms and conditions of these Terms of Use; and (3) claims brought by persons or entities other than the parties to these Terms of Use arising from or related to your access and use of the Site, including the information obtained through the Site. You shall use your best efforts to cooperate with Model Machine and our affiliates in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MODEL MACHINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR THE CONTENT, MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF MODEL MACHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MODEL MACHINE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETEHR SOUNDING IN CONTRACT, STATUTE, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL PROVEN DAMAGES.

Jurisdictional Issues

Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting Model Machine, its clients, events, products and services and its sponsors and advertisers available in the United States and its territories, possessions and protectorates. Model Machine makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us or our service provider for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must immediate cease use of this site and promptly destroy all materials obtained from this site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must promptly destroy all content and materials obtained form this site and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise.

INFRINGEMENT POLICY

Model Machine, pursuant to Title 17, United States Code, Section 512, reserves the right, but not the obligation, to terminate your license to use this site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), Model Machine has implemented procedures for receiving written notifications of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Model Machine in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:

Designated Agent: Model Machine, LLC
1521 Alton Road, Suite 347
Miami Beach, FL 33139
United States of America

Attention: Legal Department

To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:

A. A physical or electronic signature of a person to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and / or e-mail address.

E. A statement that you have a good faith belief that use of the content and material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

GENERAL PROVISIONS

By visiting this site you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of relating to these Terms of Use and the Privacy Policy immediately below shall be filed only in the state or federal courts located in Florida and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and the provisions of the Privacy Policy below constitute the entire agreement between us relating to the subject matter herein, supersede all prior contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Model Machine. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any usage rights or licenses granted hereunder will be effectives unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this site or access to this site. The titles and subtitles used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.