Welcome to The Model Book (“Website”). This Website is published by or on behalf of Casting Tech LLP (“Company”, “We”, “Us”) a company registered in Mumbai, India.
By accessing the Website you agree to be bound by the following terms and conditions (“Terms”). These Terms contain provisions that define your rights and obligations with respect to your use of and participation in (i) on the Website, including the advertisements, forums, various email functions and Internet links, and all content and services available through the Website, and (ii) the online transactions between those users of the Website who are offering services (each, a “Service Professional/ Model Agency”) and those users of the Website who are obtaining services (each, a “Service User/ Model”) through the Website (hereinafter collectively referred to as the “Services”).
If you have any queries about the Website or these Terms, you can contact Us by email. If you do not agree with these Terms, you should stop using the Website immediately.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE SERVICE PROFESSIONAL OR SERVICE USER, AS THE CASE MAYBE. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to You upon our posting such Agreement to the Website. If any change or modification to this Agreement is not acceptable to You, Your sole remedy is to cease accessing, browsing and otherwise using the Service. Your continued use of our Service, after such a modification has been posted, shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications by the Company.
In case You register on behalf of a minor or a child or a person who is not an eligible person, Your discretion is solicited while giving access of the Website and the content posted therein to such minor or child or person who is not an eligible person and must ensure that the minor or child or person other than an eligible person complies with these Terms. You shall be deemed to be in breach of these terms in case of any breach of these terms by the minor or child or person other than an eligible person. You shall register yourself on behalf of the minor or child and We shall not be held responsible for any such breach in any manner whatsoever. Only the parent or legal guardian registering on the Website on behalf of a minor or child or person who is not an eligible person shall interact with Us or on the Website on behalf of such persons.
You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with the Company without express written permission from the Company.
II. USER AGREEMENT
This Agreement constitutes Your agreement with the Company with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
To access and/or use the information, you will be required to provide certain personal information like your email address and mobile number. When you provide us with any information, the information has to be accurate and complete. Care must be taken to not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules or if we believe the details are not correct, current, or complete, we have the unconditional right to refuse you access to or use of the Website, or take down any information or data posted by you.
You hereby authorize the Company and/or authorized third parties to retain the information shared by you for the purpose of using the Website and for any marketing campaign of the Company.
The Company will at all times assume (and by using this Website you warrant that) you have the legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against you to the maximum extent permitted by Applicable Law (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
III. RIGHT TO USE SERVICES
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
The Website has been designed to function as an intermediary as defined under sub-clause (w) of Section 2 of Information Technology Act, 2000. You can avail such Services including but not limited to the following as offered by the Website:
i. Registering as a Model Agency or Model by providing the relevant details as required for the provision of services by the Website. It is further agreed that the Model and Model Agency shall be required to pay a one-time non-refundable registration fee as determined by the Company, at its sole discretion.
ii. Directing bookings and posting of castings by the Model Agency for the Models, by providing the relevant details as required by the Website. All payments in relation to such bookings, castings, etc. shall be directly made by the Model Agency to the Model through the Website only. On successful receipt of the payment, the Website/ Model Agency shall send a job confirmation email to the Model. Please note that the Website shall not be liable for any issues in relation to the payments, non-payments, fraudulent payments, etc. between the Model Agency and Model.
iii. Participating in workshops and training sessions to be conducted by the Company for the benefit of the Models as per the terms and conditions specified therein.
V. RIGHTS YOU GRANT TO THE COMPANY
By creating an account, you grant to the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information, as well as any information You post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). The Company’s license to your Content shall be non-exclusive, except that the Company’s license shall be exclusive with respect to derivative works created through use of the Service.
You agree that any Content You place or that You authorize Us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other users).
You agree that all information that You submit upon creation of Your account, is accurate and truthful and You have the right to post the Content on the Service and grant the license to the Company above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
VI. OTHER USERS’ CONTENT
Although the Company reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and the Company cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email.
VII. NO LIABILITY
THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
THE COMPANY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
THE COMPANY DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
We shall not be held liable for any costs, claims, damages or injuries suffered by You owing to the use of Website, in any manner whatsoever. Further, We shall not be held liable for Service Users not showing up for the confirmed job assignment, any misbehavior allegedly faced by the Service User, non-payment for assignments and any other acts arising out of the communications and business between the Service User, Service Professional or any other related third parties.
We shall not be held responsible, liable for the disruption of services or non-performance of the services or the costs and consequences arising from disruption of services, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Company that renders performance of the Services impossible.
We shall not be responsible for any loss of data or deletion of any details provided by You resulting from such interruption of service that is beyond the reasonable control of the Company.
We shall not be responsible or liable for any loss or deficiency of any Services availed through the Website. You shall use the Website at your own risk.
VIII. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
IX. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
(a) You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
(b) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language. You will not forward chain letters through the Service.
(c) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
(d) You will not post any messages, pictures or recordings or use the Service in any way that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.
(e) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
(f) You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, its systems, or any other members’ systems in any way.
(g) You will not post or transmit in any manner any contact information including but not limited to email addresses, “instant messenger” nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website, and through its Services.
(h) You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
(i) You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
(j) You will not create a false identity or impersonate another person or entity in any way.
(k) You will not gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
(l) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service.
(m) You will not alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available.
We may remove any content that violates these Terms or that We determine is otherwise not appropriate in our sole discretion. We may or may not exercise editorial control over content posted on the Website. By posting or transmitting content on or through the Website, you represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize the Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by the Company and these Terms.
X. MONITORING OF INFORMATION
(a) We may use third-party advertising companies, such as Apple, Yahoo!, Google, Microsoft, and Facebook, to serve ads when you visit our Website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.
(b) We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
XI. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or on any related website is inaccurate at any time without prior notice.
XII. TERMINATION OF ACCESS TO SERVICE
(a) We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
(b) We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity.
(c) If messages sent to an e-mail address provided by You are returned as undeliverable, then the Company reserves the right to terminate Your Account immediately with or without notice to You and without any liability to You or any third party.
XIII. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Website, the content provided on the Website and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of the Company or our licensors. You are not granted any intellectual property rights in or to the Website or the content on the Website except as expressly set out in these Terms. You are not authorized to use our logos or trademarks or trade names (whether registered or unregistered) in any manner. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the intellectual property without the Company’s express permission.
We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sublicense your rights under these Terms, to any third party.
These Terms do not grant you any rights to use any of our and our licensor’s intellectual property, such as trademarks, domain names, logos or other branded features, which belong to us and our licensors respectively
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
XIV. USER CONTENT
(a) License to User Content: By posting User Materials to the Service, You hereby grant the Company (and its assignees, designees, successors, licensees, and sub-licensees), for the sole purposes of displaying Your User Content to other users, an unrestricted, assignable, sub-licensable, revocable, fully paid up license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Content You upload to or through the Service through any media and formats now known or hereafter developed.
(b) License for Name, Image, Voice, and Likeness: You further grant the Company a license to use your name, image, voice, and likeness (and that of any person identifiable in any User Content You post to the Service) made available by or on Your behalf through the Service in conjunction with the rights You grant to the Company.
(c) Limited Waiver of Rights: By posting User Content to or through the Service You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that You may have in or with respect to any User Content You post to the Service. You expressly release the Company and all of the Company’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of Your User Content as authorized in the Agreement.
(d) Representations and Warranties: With respect to Your User Content, except for materials the Company provided to You through the Service, You represent, warrant, and covenant that (i) You either are the sole and exclusive owner of all of Your User Content that You post to the Service, or You have all rights, licenses, consents, and releases that are necessary to grant to the Company the rights in Your User Content as contemplated under the Agreement, and (ii) neither the User Content You post to the Service nor Your creation of, accessing, or posting of Your User Content or the Company’s use of Your User Content (or any portion thereof) as permitted in the Agreement will (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require the Company to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
(e) Prohibition on Uploading Objectionable Content: You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred (collectively, “Objectionable Content”), as the Company determines in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code. If you encounter any Objectionable Content on the Service, please email the Company at support email address provided in the “contact us” page on the website. The Service will include functionality that will allow you to “flag” Objectionable Content. Just because you flag certain content does not mean that the Company will remove that content from the Service. The Company has the right, but not the obligation, to remove any content from the Service that has been flagged as Objectionable Content.
XV. NO RESPONSIBILITY
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify the Company of any unauthorized use of Your username or password or any unauthorized access to Your account. The Company will not be liable for any loss or damage arising from unauthorized use of Your credentials prior to You notifying the Company of such unauthorized use or loss of your credentials. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
XVII. INTERACTIONS WITH OTHER MEMBERS
(a) You are solely responsible for your interactions with other members. You understand that company currently does not conduct criminal background checks on its members. The Company also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. The Company makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. The Company reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
(b) In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons You meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. You understand that company makes no guarantees, either express or implied, regarding Your ultimate compatibility with individuals you meet through the service. You should not provide Your financial information (for example, your credit card or bank account information) to other members.
XVIII. EXTERNAL LINKS
(b) You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the External Links at Your sole risk and that the Company shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
(c) By using External Links, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any External Links or for any other materials, products, or services of third parties.
(e) You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that the Company shall have no responsibility to You in the event Your computer or mobile device is affected in any way by Your use of External Links.
XIX. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that any material or content distributed by the Company constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a screenshot of the material that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website; Your address, telephone number and email address; a written 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; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
XX. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
(a) USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE WEBSITE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE WEBSITE (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THE COMPANY AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE WEBSITE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE WEBSITE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
(b) THE COMPANY PROVIDES ON-LINE SERVICES AND TOOLS TO MODELS AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY THE COMPANY IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY THE COMPANY, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
(c) When permitted by law, the Company, and the Company’s suppliers and distributors, will not be responsible for economic loss (including, loss of revenues, profits, contracts, business or anticipated savings), or data, or special, indirect, consequential, exemplary, or punitive damages.
(d) To the extent permitted by law, the total liability of Company, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to [●].
(e) In all cases, the Company, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
You agree to defend, indemnify, and hold harmless the Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Website, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of any other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
XXII. NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of this Terms or Your use of any part of the Website. You do not have any authority whatsoever to bind the Company in any respect. All Service Professionals and Service Users are independent contractors. Neither the Company nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
XXIII. NO AGENCY OR PARTNERSHIP
These Terms (as amended from time to time) constitute the entire agreement between you and the Company concerning your use of the Website.
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms shall be available through a link on the Website to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Website. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.
XXIV. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and enforced in accordance with Indian law. You hereby consent and submit to the exclusive jurisdiction of the Courts of Mumbai, India (and no other courts) for any action however so arising out of these Terms.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
XXV. CONTACT INFORMATION
Any questions about the Terms should be sent to us at the support email address provided in the “contact us” page on the website
PERSONAL INFORMATION THAT WE MAY COLLECT
Those offering services (such as “Service Professionals/ Model Agencies”) and users of the Website who are obtaining services (such as “Service User/ Model”) are required to create an account to be able to access certain portions of our Website, such as to submit questions, participate in polls or surveys, to request a quote, to submit a bid in response to a quote, and request information. Service Professionals and Service Users, if and when they create and use an account with Us, will be required to disclose and provide to Us information including personal contact details, bank details, personal identification details (such as PAN card, Aadhar card, phonebook, call logs etc.) and participate in polls or surveys or feedbacks etc. Such information gathered shall be utilized to ensure greater customer satisfaction. The type of personal information that we collect from you varies based on your particular interaction with our Website.
We reserve the right to record the conversations between Service Professionals and Service Users facilitated by Us through the messaging/chat mechanism on the platform or the calls made through the virtual numbers provided to safeguard the privacy of users. All the chat/messaging logs or call recordings can be used to but not limited to monitor and prohibit abuse, safeguard the rights of consumers and service professionals, resolve disputes.
The collection and usage of the Personal Information shall at all times be in compliance with the requirements of the applicable data protection laws including the Information Technology Act, 2000 (and any statutory modification or re-enactment thereof from time to time in force). We shall take all reasonable efforts to ensure the security of such Personal Information as per the applicable Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
COLLECTION OF NON-PERSONAL INFORMATION
We may automatically collect certain information from your visit to the Website such as your information about the domain name of the website from which you visited, information relating to frequency of visits, average time spent, pages viewed during the visit, your IP address, name of your internet service provider, device specific information, your browser type, operating system and language, your device etc. (“Non-Personal Information”). This Non-Personal Information is anonymous information that cannot be easily used to personally identify you. We may use such Non-Personal Information for the purposes of administering the Website, analysing user trends, gathering demographic information, ascertaining how Our visitors use the Website, evaluating your use of the information on the Website, etc.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled.
USING INFORMATION COLLECTED
You explicitly consent to us using your Personal and Sensitive Information by (i) using the Website, (ii) registering with the Website, (iii) providing Personal and Sensitive Information or (iv) opting in when presented with the choice, you explicitly consent to Us using your Personal Information, subject to applicable laws.
is a use of the Personal Information for any additional purpose that is directly related to the original purpose for which the Personal Information was collected;
is necessary to prepare, negotiate and perform a contract with you;
is required by law or the competent governmental or judicial authorities;
is necessary to establish or preserve a legal claim or defence;
is necessary to prevent fraud or other illegal activities, such as wilful attacks on our information technology systems;
is necessary for internal record-keeping purposes;
is necessary to improve our Website and services provided to you;
is required to periodically send promotional emails to the email address provided by you voluntarily regarding new products or any other information about Us you may find interesting.
For Our market research purposes, including, but not limited to, the customization of the Website according to your interests;
Please note that we cannot and will not be responsible for other parties’ use of the Personal and Sensitive Information which you make available for public view through the Website.
SHARING INFORMATION WITH THIRD PARTIES
The Personal Information provided by you is stored in our database. If you have chosen to provide Us with the Personal and Sensitive Information through your use of the Website, you agree that authorized third parties will be granted access to your Personal and Sensitive Information. We may transfer or otherwise make available your Personal and Sensitive Information to authorized third parties for various purposes including, but not limited to, process information on our behalf, including service providers, to host the Website, serve advertisements, send emails on our behalf, run contests, promotions, conduct surveys and research, process any online transactions and operate certain features on the Website. The Company is not responsible for the collection and use of your Personal and Sensitive Information by these third parties. The Company assumes no liability whatsoever for any disclosure of Personal Information due to unauthorized third party access or other acts of third parties, or any other acts or omissions beyond reasonable control of the Company.
Please note that the Website may contain links to certain third party websites governed by their individual privacy policies or content practices, for which the Company is not responsible.
Disclosure to other users of Our Website:
If you are a Service Professional, the information that you post (other than your payment information) is available to other Service Users on our Website. Comments that users post to our Website also will be available to other visitors to our Website. In addition, we will post the results (in aggregate form) of surveys to our Website. If you are a consumer, name, and location, as well as the details of your request, are available to all visitors to our Website. Bidding professionals also will be permitted to see the consumer’s full name, telephone number, email address and the location.
Information disclosed to protect us and others
In the event of a change of control or bankruptcy
In the event that the Company undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of the Company’s assets to which this Website relates or other corporate reorganization in which the Company participates, and is thus merged with or acquired by a third party entity (a “Successor“), the Company hereby reserves the right to transfer the information we have collected from the users of the Website and/or Services to such Successor.
In addition, in the event of the Company’s bankruptcy, reorganization, receivership, or assignment for the benefit of creditors, or the application or laws or equitable principles affecting creditors’ rights generally, the Company may not be able to control how your information is transferred, used, or treated and reserves the right to transfer the information we have collected from the users of the Website and/or Services to non-affiliated third parties in such event.
Information disclosed at your request
We may share your personal information with other registered users to whom you explicitly ask Us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another registered user, We will send that registered user a notice that includes the personal information that you have chosen to allow Us to reveal to users with whom you contract.
THIRD-PARTY AD NETWORKS
We shall make every reasonable effort to preserve the privacy and confidentiality of your Personal Information shared with us and We shall not allow any unauthorized persons or organization to use any Personal and Sensitive Information that We may collect from you through the Website. However, you understand and acknowledge that no internet site can fully eliminate security risks associated with protecting such information. Further, while We have in place appropriate and required technical and organization security measures to protect your Personal and Sensitive Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we collect online, as required under the applicable laws, we cannot guarantee the security of any information transmitted on the Internet and you agree to do so at your own risk. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your account via unauthorized password activity.
We reserve the right to recover the costs and lawyers’ fees from persons using the Website fraudulently. We also reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website.
OPT OUT MECHANISM
At any point in time, you can choose to not to have your Personal Information used to support our relationship (especially direct marketing or market research) or to amend/update the Personal Information or to unsubscribe from our newsletters, e-mails or any other information which you may receive from the Company, by contacting us and sending us an email at email@example.com .
USER GENERATED CONTENT
This policy is current as of the effective date set forth above. We may, in our sole and absolute discretion, change this policy from time to time by updating this document. We will post the updated policy on the Website on this page. We encourage you to review this policy regularly for any changes. Your continued use of this Website and/or continued provision of personal information to Us will be subject to the terms of the then-current policy.
The Model Book is the brainchild of former model and current fashion show director, Alison Woodham. With years of experience in the industry under her belt, Alison saw that the process of scouting for and booking models could be easily streamlined by creating a consolidated platform for industry professionals. Having been on both sides of the fence, as a model and client, she has a keen understanding of the current inefficiencies and how they can be overcome.
The Model Book is all set to be destination for clients to find their muses, aspiring models to find their first jobs, and professional models to manage their own careers.
How The Model Book Benefits Models
Both professional and aspiring models are welcome.
Interaction is streamlined between model and client by eliminating any third parties. This means no commissions!
All professional details – portfolio, calendars, and stats – are linked to one TMB profile, keeping all important data in one place.
Models can view all available jobs in one place and have the option of choosing jobs that they are interested in and attending castings.
Exclusive development programs and workshops with top models are held periodically for models to improve their game.
All job-related payments are tracked and made on the website itself.
How The Model Book benefits Clients
Extensive database of models from all over the country to choose from.
Auditions and casting calls can be posted directly on TMB by clients for all models to view.
Dedicated search filters available for clients to narrow down the hunt for the perfect face to the last detail.
Eliminates interaction with unnecessary middlemen, and ensures clear communication with models.
All payments are made and tracked on TMB itself.
The website is easy-access and makes finding models quicker and simpler.