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