These are the terms and conditions of Modelfolios which is a trading name of Ibby Group Limited,
a UK company number SC281402, registered office 272 Bath Street, Glasgow G2 4JR
UK, email modelfoliosibbygroup.com (“we” or “Modelfolios” below).
- Use of Web Site on these Conditions and Services
All use of the web site
www.modelfolios.com (“the Site”) and taking of services from us is on the terms and conditions below. Use is also in accordance with any rules or instructions on the site such as relating to the types of photographs that we accept on the site (see FAQ).
If you do not agree to these conditions you should cease use of the Site immediately.
To use the services on the Site
you must be over 16 years of age.
You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the web site.
We do not act as an agency or talent scout and we do not guarantee in any way that your using any of the services on the site will obtain for you any particular work or income. Photographers, stylists, designers, make-up artists, and hair stylists as well as models and others using the site must make their own enquiries of any business contact they make through the Site. We do not take commissions for people introduced through the Site.
We provide the services described on the Site which include the ability to post your photographs for modelling purposes.
You must not manipulate any identifier to hide the origin of content or who is posting or access any password only pages or hidden pages on the Site, nor upload any material with viruses, violate your own local law, impersonate a famous or other person or say you are affiliated to a body when you are not, use the Site or material gained from it to send unsolicited emails other than to contact a model or person advertising on the site for a legitimate business purpose, nor will you sell any advertising on our site to any commercial third party without our permission and payment of fees to us. You must not overload our Site with material or cause it to crash or be slowed down significantly through your action.
We do not allow multiple portfolios on the site for models in different names or with inaccurate information. You must be a real person looking for modelling type employment on your own behalf.
- Accuracy of Information and Disclaimer
Modelfolios (“we”) do our best to ensure all information on the Site is accurate.
If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.
You should ensure information you send to us is accurate and does not breach anyone else’s rights such as copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal. Remember that the Site can be viewed around the world and the information you send to us will be published on the Site.
If you provide a critique of photographs on the site you will be liable for any comments made and we encourage people to make helpful practical comments about how photographs could be improved, rather than offensive abuse which is banned on the Site.
You should independently verify any information before relying upon it.
We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. This Site gives a large amount of statistical data and there may be errors from time to time.
Although we hope this Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content to the fullest extent such liability can be excluded by law.
Any views expressed in messages on the Site are not necessarily those of Modelfolios or anyone connected with it.
Modelfolios reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice.
Your attention is drawn to our
Privacy Policy which is on the Site and is hereby made part of these terms and
conditions.
- Copyright and Photographs
You must make sure you own all the intellectual property rights, including copyright and database right, in photographs, posts/messages which you send to us to publish on the Site (“Photographs”). If in doubt provide a link, not a copy. Make sure there is no legal obligation, contract or other restriction which would prevent your posting the Photographs.
In particular, photographers normally retain copyright in photographs of you. Only upload photographs with permission from the copyright owners or where you own the copyright.
We reserve the right to reject any
Photographs at our discretion.
With respect to Photographs you submit or make available for inclusion on the Site, you grant Modelfolios the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such Photographs on the Site solely for the purpose for which the Photographs were submitted or made available. This license exists only for as long as you elect to continue to include the Photographs on the Site and will terminate at the time you remove or Modelfolios removes the Photographs from the Site.
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms.
You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Modelfolios and any logos on this site are trade names or trade marks of ours. You may not use those names without our consent.
We may provide hypertext and/or links (such as those contained within advertisements) to other sites that are operated by other people. Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
- Forums
We encourage users of the Site to contribute to our forums. You must follow any rules about posting on the forums.
You should not make libellous postings or any posts which are illegal or breach copyright, database or other related rights. It is your responsibility to check this out and we do not accept any liability in this respect.
If you see any information there which breaches your or anyone else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
You must indemnify (pay) us for any losses we suffer if you breach this provision or any other provision of these Terms or any forum rules.
We reserve the right to remove posts
to the forums or edit them at our discretion, but have no obligation to do so.
Users must ensure only they use the
forums personally and they do not allow non-members to use them using a
member’s own password.
Users must keep their passwords
confidential.
- Our Liability
We accept no liability for the information given on the Site. In no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or good will arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by law are excluded.
We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
We are a distributor (and not a publisher) of content supplied by third parties and users of the Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.
Nor do we warrant that photographs are genuine although we will remove any which come to our attention which are not. If you make an arrangement with anyone named or connection with the Site this is at your sole risk.
- Barring from the Site
We reserve the right to bar users from the Site, on a permanent or temporary basis at our discretion. Any such user must not then attempt to use the Site under any other name or through any other user.
- Chargeable Services
When you click to signify you wish to take out a chargeable service with us such as sign up to one of our basic or other services you enter into a contract with us to take such services.
You must be 16 years of age.
We reserve the right to reject any order at our discretion without giving any reason to you.
Our liability for our services ordered by you is set out in paragraph 5 and otherwise in these Terms.
Where you purchase goods or services having been directed from the Site through a link to a third party any contract you may choose to form with them, or use of their web site is a matter between you and them. We do not accept any liability for the quality or type of services or goods provided by those whom we mention on our site or to whom we have linked to from our Site. It is for you to make your own judgment about the quality of such providers. We exclude all liability both under contract and under the law of tort including without limitation liability for misrepresentation to the fullest extent permitted by law in this respect.
- Legal Jurisdiction and Dispute Resolution
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
- General
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under this agreement.
Nothing in these terms comprises an enforceable third party right whether under the Contracts (Rights of Third Parties) Act or otherwise.
We may amend these Terms at any time by posting a
variation on the Site.
Further information on these conditions or any
queries on them can be obtained from:
Modelfolios, which
is a trading name of Ibby Group Limited, a UK company number SC281402, registered
office 272 Bath Street, Glasgow G2 4JR UK, email modelfoliosibbygroup.com.