The Model Potential app is owned by New line media, a limited company for England and Wales, number: 7573843, and have been developed by Ventutec limited.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS APP OR SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
1.1. In these Terms and Conditions the following words have the following meanings unless the context requires otherwise:
a) "Agreement" means the agreement between the User and The Model Potential incorporating these Terms and Conditions for the provision of the Service;
b) "Apple" means Apple, Inc. 1 Infinite Loop, Cupertino, CA 95014
c) "Intellectual Property Rights" means all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trade marks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
d) "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
e) "Model" means any Selected User whose application has been accepted by Select and has been offered an opportunity to be represented by Select;
f) "Posting" means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases "Post" and "Posted" shall be constructed accordingly;
g) "Profile" means the section of the Web Site containing details, photographs and/or information about the User composed and Posted by the User;
h) "Select" means Select model management
i)"Selected Users" means any User whose application has been selected by Select
j) "Service" means the service provided by The Model Potential to the User including, but not limited to, The Model Potential allowing the User to access the Web Site, to Post information on the Web Site and to contact and/or to be contacted by The Model Potential or Select
k) "Terms and Conditions" the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by The Model Potential at its full discretion at any time and published accordingly on the Web Site.
l)" The Model Potential" means New Line Media, Suite 250, 162-168 Regent street, W15TD
m) "User" means any person who access the Web Site and/or submits his application to become a model with Select through the Web Site
n) "Web Site" means the Model Potential application and the web site at URL www.themodelpotential.com (or any such other URL that The Model Potential may use to provide the Service from at their discretion);
1.2. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
2.1. By accepting these conditions the User warrants and represents to The Model Potential that:
a) it is over 16 years old;
c) if it is under 16 years old, it has parental authorization to agree to these Terms and to use the Web Site
d) it is the person featured in the photos or that it has the expressed consent of the person in the photos to submit them on their behalf and by submitting the photos consent to such photos being uploaded on the application Model potential and kept on the Web Site to be showed to Select model management or other third parties for potential approval;
e) it is acting in good faith in submitting its photo. By submitting its photo the User confirms that it has the right to do so and gives The Model Potential permission to use such photo on the Web Site and on any additional promotional material, including the right to edit and/ or modify such photo, for the full period of copyright including any extensions or renewals thereof, without compensation;
f) it is solely responsible for any photo that it submits. The User warrants that such submission shall not infringe any third party right of whatsoever nature including without limitation in respect of property, privacy or Intellectual Property Rights; contain an image of another person who has not provided express consent to this use; be offensive; or contain any image of any person under 16;
g) it has the full right, power and authority to accept these terms and conditions;
h) all information Posted by the User is accurate, true, complete and is not misleading;
i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
j) it is not listed on any U.S. Government list of prohibited or restricted parties.
2.2. By accepting these Terms the User and The Model Potential acknowledge that:
a) the Agreement is concluded between them only, and not with Apple, and The Model Potential, not Apple, is solely responsible for the Model Potential application and the content thereof;
b) Apple has no obligation whatsoever to furnish any maintenance and support services;
c) in the event of any failure of the Model Potential application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the Model Potential application to the User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Model Potential application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be The Model Potential's sole responsibility;
d) The Model Potential, not Apple, is responsible for addressing any claims of the User or any third party relating to the Model Potential application or the User's possession and/or use of the Model Potential application, including, but not limited to: (i) product liability claims; (ii) any claim that the Model Potential application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
e) in the event of any third party claim that the Model Potential application or the User's possession and use of the Model Potential application infringes that third party's intellectual property rights, The Model Potential, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
f) Apple, and Apple's subsidiaries, are third party beneficiaries of the Agreement, and that, upon the User's acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
2.3 If the User is not able or not willing to give the warranties and representations set out in the above clause 2.1 and 2.2 above then the User shall not use the Web Site.
2.4. The warranties and representations set out in the above clause 2.1 and 2.2 shall be continuing for the duration of the Service.
3. CONTRACT BASIS
3.1. This is a legally binding agreement between the User and The Model Potential for the provision of the Service.
3.2. The Terms and Conditions of use shall govern the Agreement between the User and The Model Potential to the exclusion of any other terms or conditions.
The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by The Model Potential from time to time at their full discretion.
3.3. The Terms and Conditions as amended by The Model Potential from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
3.4. The Model Potential reserves the right to vary the Terms and Conditions at any time. If The Model Potential in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be posted on the Web Site from time to time as applicable.
3.5. The Model Potential employees, including sub-contractors and agents of The Model Potential or Select are not authorised to make any representations or warranties concerning the Service unless confirmed by The Model Potential in writing.
3.6. The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
3.7. The Model Potential reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User.
3.8. The Model Potential shall have the right to refuse to register applications for a User and to terminate the Service at any time.
3.9. The Model Potential reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
3.10 Should the User have any questions, complaints or claims with respect to the Model Potential application it can contact The Model Potential at: (add phone number, email address and address).
4. PRICE AND PAYMENT
4.1. The price of the Service shall be as shown during the purchase of the Model Potential application from time to time.
4.2. This Agreement may be terminated by either party at any time.
4.3. All monies paid by the User to The Model Potential are non-refundable. A cancellation or termination of this Agreement by the User or The Model Potential at any time for any reason will not entitle the User to a refund of monies paid.
5. USER'S OBLIGATIONS
5.1 The User undertakes not to:
a) transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
b) misuse in any way the Service or any information Posted on the Service;
c) Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
d) copy, in whole or in part any of the information on the Web Site other than for the purposes contemplated in this Agreement; and/or
e) transmit, Post or email any information, pictures or other material, which in the opinion of The Model Potential is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous or obscene;
5.2 The User agrees that its Profile may be sent to Select.
a) the User breaches the terms of this Agreement;
d) the User fails upon request to provide The Model Potential with sufficient information to enable The Model Potential to determine the accuracy or validity of any information Posted by the User; and/or
e) in The Model Potential's reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of The Model Potential's business, then The Model Potential shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in clause 6.2 below.
6.2. If any of the events set out in clause 6.1 above occurs in relation to The User then:-
a) The Model Potential may terminate this Agreement with immediate effect; and/or
b) The Model Potential may immediately suspend or terminate the User's access to the Service without notice.
6.3. Any failure by The Model Potential to enforce our rights to terminate the Agreement upon a breach of the terms of this Agreement by the User does not constitute a waiver of our rights and The Model Potential reserves to enforce our rights at any time.
7. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
7.1. All Intellectual Property Rights in the Service shall be owned by The Model Potential, or any relevant third party, absolutely or any such Company as The Model Potential may designate in its sole discretion.
7.2. The User warrants and represents to The Model Potential that the information Posted in the Profile is Posted by the User and that the User is the sole author of the Profile. The User assigns assign to The Model Potential with full title guarantee all copyright in the Profile.
7.3. The User waives absolutely any and all moral right to be identified as author of the Profile and any similar rights in any jurisdiction.
7.4. Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed by law.
7.5. Except where such information is public knowledge or it is required to be disclosed by law, The Model Potential will use its reasonable commercial endeavours to keep confidential the User's personal details such as surname and e-mail address and will not disclose such information.
8.1. The Service is provided in its current form and The Model Potential does not guarantee that the Service or any element of the Service will meet the User's requirements, purpose or expectations.
8.2. The Model Potential does not warrant that any of the information or material provided in the Service is accurate.
8.3. The Model Potential does not provide any warranty in respect of the Service, results, availability, or uninterrupted use of the Service.
9. USE OF THE SERVICE
9.1. The Model Potential does not have an opportunity to check that the Profiles of the Users are correct and not misleading. The Model Potential does not make any representation or warranty that the information contained in any Profile is accurate and is not under any obligation to verify any information contained in any Profile.
9.2. A pre selection of all sent Profiles will take place by a representative of Select. The Selected Users will then face a final decision of a panel at Select model management.
9.3. The Selected Users will gain an introduction to Select Model management (this is not a guarantee of modelling work). Select reserves the right to offer a Selected User a representation as a Model.
9.4 All Models, will agree for The Model Potential to publish any information and photos included in the User's Profile, and any material relevant to the Model, in newspapers and magazine in order to promote the Model Potential application, the Web Site or the Model Potential.
9.5 Digital images and personal details will only be held for as long as is necessary to judge the model search, unless Users have opted-in to receive further contact from The Model Potential
10. LIMITATIONS ON LIABILITY
10.1. The Model Potential shall have no Liability for any defect in the Service.
10.2. The User shall give The Model Potential a reasonable opportunity to remedy any matter for which The Model Potential are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then The Model Potential shall have no Liability to the User.
10.3. The Model Potential shall have no Liability to the User or to any other third parties arising out of the User's use of the Service or the User's reliance on any information or other material Posted on the Service.
10.4. The User will submit its photo at its own discretion and at its own risk and in full knowledge that The Model Potential has no control over how its photo might be used. The Model Potential is not responsible or liable for any loss or damage suffered by the User in connection with its submission. Further The Model Potential does not provide any warranty as to the quality of the reproduction of the User's photo on the Web Site or publications.
10.5. The Model Potential shall have no Liability to the User for any:-
a) consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);
b) economic or other similar losses; and/or
c) special damages and indirect losses.
10.6. The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
10.7. The Model Potential's total Liability to the User under or arising in relation to this Agreement shall not exceed the sum of £1,000.
10.8. Nothing in this Agreement shall exclude or limit The Model Potential's Liability for death or personal injury due to The Model Potential's negligence or any Liability which is due to The Model Potential's fraud or any other Liability which The Model Potential are not permitted to exclude or limit as a matter of law.
10.9. Nothing in this Agreement shall exclude or limit any of the User's statutory rights which may not be excluded or limited due to the User acting as a consumer.
10.10. The Model Potential shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside The Model Potential's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
10.11 the Model Potential and Select Model Management shall have no liability whatsoever to the User or to any model agencies if the user is already represented by a model agency.
The User agree to indemnify and keep indemnified The Model Potential against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by The Model Potential and arising from or relating to the User's use of the Service, information or any other material Posted on the Service by the User or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User.
In the event of any claim arising in respect of your submission we shall have, at our discretion, the right to handle such claim as we see fit.
12.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
12.2. No waiver by The Model Potential of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.3. This Agreement contains the entire agreement between the User and The Model Potential. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
12.4. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
13. PERSONAL INFORMATION
When you sign up as a user with the Web Site the data you give on application is registered and stored by The Model Potential.
Your information will be treated confidential and is only available to you and the database staff of The Model Potential.
The Model Potential will not distribute or sell any of your information to a third party. Any kind of exception will only happen with your personal permission.
It is your responsibility that the information you give is correct.