Last Update: November 5, 2007
ACCEPTANCE OF TERMS
TheModelChild.com website is operated by Yungerberg Productions, LLC (referred to as “TheModelChild,” “us,” “we,” or similar terms) and is provided subject to the following Terms and Conditions ("Terms"). If you do not agree to these Terms you must not use this Website. These Terms constitute a legal agreement between you, the person using this website, and TheModelChild. Further, if you are the parent or legal guardian of a minor on whose behalf you submit data, images or information, you are also agreeing on behalf of the minor (the “child model”) to these Terms and Conditions, and the terms “you,” “your,” or similar terms refers both to you and to the child model.
We reserve the right to alter these Terms without advance notice by posting revised Terms, and you agree to such revised terms. You can determine if the Terms have been revised by referring to the "Last Updated" date at the top of this page, and revisions will be posted on this or a similar page of this Website. These Terms apply to the website with a home page at www.TheModelChild.com (the “Website” or “Site”.)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR VISITING THE SITE CONSTITUTES YOUR AGREEMENT TO THE THEN-CURRENT VERSION OF THE TERMS AND CONDITIONS, INCLUDING ALL UPDATES OR REVISIONS.
By using The Websites and Services you further represent and warrant that you are 18 years of age or more.
DESCRIPTION OF THE WEBSITE SERVICES
TheModelChild provides information for parents and legal guardians regarding the children’s modeling industry, provides access to resources, opportunities to post or share images and information and similar items (collectively, the “Website "Services")
USE OF THE WEBSITES AND SERVICES BY YOU:
Your right to use The Websites and Services is personal to you. You may not share your user name or password or authorize others to use The Websites or Website Services, and you are responsible for all use of The Websites and Website Services by you and by those you allow to use, or provide access to, The Websites and Website Services.
The Website is not intended for users under the age of 18, and TheModelChild does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
You agree not to use any obscene, indecent, or offensive language or to place on The Website any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on The Websites any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use The Website and Website Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any material you provide to The Website or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The Websites contain copyrighted and other proprietary information.
You understand and agree that we may provide access to others to view the Website who are looking for child models, and that we may share information provided by you about your child model (such as age, gender, geography, etc.) with others looking to hire child models.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through The Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, TheModelChild or The Website.
You agree not to disrupt, modify or interfere with The Website or associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of The Website. You further agree not to alter or tamper with any information or materials on or associated with The Website.
Other than connecting to TheModelChild's servers by http requests using a Web browser, you may not attempt to gain access to TheModelChild's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using The Websites or otherwise.
You acknowledge that TheModelChild has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from The Websites. Your linking to any service or site is at your sole risk.
Your dealings with any third party that contacts you through this Website is solely at your own risk. You should only do business with reputable and experienced professionals.
USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or communicate with The Website, please see our Privacy Policy. By posting messages, uploading photos or files, inputting data, or engaging in any other form of communication through The Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
MATERIALS POSTED BY OTHERS:
You agree that TheModelChild and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
COPYRIGHT ISSUES
All content on The Website is protected under U.S. copyright laws, including the Digital Millennium Copyright Act (the "DMCA"). You may download one copy of the content of The Website to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from The Website.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to:
Name: Nathan Yungerberg Nathan@themodelchild.com 305 west Broadway #111 New York NY 10013
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TheModelChild, its owner and affiliated entities, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of The Websites or Service; (ii) any violation of these Terms by you; or (iii) any allegation that anything you post, transmit, or make available on The Website infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party. If any child brings a claim against this website, the child’s parent or guardian shall defend, indemnify, and hold harmless TheModelChild against any and all such claims.
LINKS
The Website contain links to other sites. TheModelChild makes no representations whatsoever about any other websites which you may access through links on this Website and you hereby waive any claim you might have against TheModelChild with respect to such sites. When you leave the TheModelChild site, please understand that TheModelChild has no control over the content on the linked websites. In addition, a link to any other website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party website. TheModelChild makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE WEBSITE AND WEBSITE SERVICES, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND WEBSITE SERVICES AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY THEMODELCHILD OR SUBMITTED TO THEMODELCHILD, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITES.
THEMODELCHILD DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE SERVICES, THE WEBSITE, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THEMODELCHILD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THEMODELCHILD HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, THEMODELCHILD WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR THE WEBSITE SERVICES OR FROM ANY CONTENT POSTED ON THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND WEBSITE SERVICES OR THEIR CONTENT IS TO STOP USING THE WEBSITE AND WEBSITE SERVICES.
THEMODELCHILD MAKES NO WARRANTY THAT (i) THE WEBSITES OR WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE AND WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND WEBSITE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND WEBSITE SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE AND WEBSITE SERVICES WILL BE CORRECTED; OR (vi) THE WEBSITE OR THE WEBSITE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEMODELCHILD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY OF THE POSTING AREAS IN WHICH WEBSITE VISITORS ARE ALLOWED TO POST INFORMATION. YOUR PARTICIPATION IN THE WEBSITES AND WEBSITE SERVICES IS SOLELY AT YOUR OWN RISK
TERMINATION
You understand and agree that, without prior notice and in TheModelChild’s sole discretion, your access to and use of The Websites and Website Services may be terminated or suspended; and further, that TheModelChild may also exercise any other remedy available and remove any unauthorized User Content (as defined below), if TheModelChild believes that your (or anyone using your computer, e-mail or password) use of The Websites and/or Website Services violates or is inconsistent with these Terms, or violates the rights of TheModelChild, another User or applicable law.
You acknowledge and agree that monetary damages may be insufficient to remedy violations of the Terms, and you consent to injunctive or other equitable relief for such violations. Further, you agree that TheModelChild is not required to refund to you any money you may have paid if you are terminated as a user.
TheModelChild shall not be responsible for any loss or damage that results from termination or suspension of user's access or account. The provisions of this Agreement will survive the termination of the Agreement or your access, whether terminated by you or TheModelChild.
Modifications to Services
TheModelChild reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website Services (or any part thereof) without notice. You agree that TheModelChild shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website Services, or of any content, feature, or product offered on The Websites. Your continued use of any Website or Website Service after such changes will indicate your acceptance of the changes.
Jurisdictional Issues
TheModelChild neither represents nor warrants that The Website or Website Services are appropriate or available for use in any particular jurisdiction. Accessing The Website or Website Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit The Website’s availability or the provision of any of the Website Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of New York and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York City, New York. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Notice
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters, by displaying such notices or by providing links to such notices.
Miscellaneous
If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and TheModelChild with respect to your use of The Website or any Website Services and supersedes all prior or contemporaneous communications and proposals between you and TheModelChild.
Information or Complaints
Contact@themodelchild.com 305 west Broadway #111 New York NY 10013
