Terms of Service
The follow Terms of Service officially govern the use of this site. By continuing to use this website, you agree to the contents within the terms. If you do not agree, you must terminate all use of ModelFacture.com.
Definitions and Relationships
'You' (referred to hereafter in this agreement as 'you', 'yourself', 'Visitor', 'Member' and 'The Member') understand and agree that you are not in any way affiliated with 'ModelFacture' (referred to hereafter in this agreement as 'we', 'The Company', 'The Website', 'The Service' and 'us') nor does your use of 'The Website' constitute any business relationship. You understand that you are solely a user of 'The Service' and those limitations and representations shall not be breeched. Your use of 'The Service' also constitutes your acknowledgement and understanding of the roles or the parties, defined in this section. 'Member' means a person who completes 'ModelFactures' account registration process.
Duration & Weight of Agreement
'The Company' may, from time to time, add, amend or discontinue new or existing elements of service and reserves the right to do so at any time, with public notice. While it is the sole responsibility of you and every 'Visitor' to 'ModelFacture.com' to periodically check for updates in these 'Terms Of Service', 'ModelFacture' will make changes to this agreement publicly noticeable and available. This agreement becomes effective instantaneously upon your use and viewing of 'The Website' and remains in effect in perpetuity.
Description of Service
'ModelFacture' is publicly accessible, online access platform that provides networking opportunities to models and photographers who have registered for an account. 'ModelFacture' also serves as a non-transacting facilitator for sponsorship campaigns for select and approved model members, as well as other modeling industry related services.
'ModelFacture' is intended solely for persons who are 13 or older. Any access to or use of the 'The Service' by anyone under 13 is expressly prohibited. By accessing or using the 'The Service' you represent and warrant that you are 13 or older. Any account registration by users under the age of 13 is considered void and such accounts will be deleted without notice.
The general or "Core Features" of 'ModelFacture.com' are defined and referred to as access to the following pages within 'The Website': "ModelQueue" or "FindShoots", "Support", "HelpTicket", "SellPics" and "Sponsorships". These pages represent the core functionality of the premise for 'The Service'.
Cost of Service
There is no financial charge to use "Core Features" of 'The Website'. There are no costs to create a member account, upload content or use any of the 'Core Features' of 'The Website'. There are however optional upgrade opportunities in which may require payment in advance, if you choose to utilize such upgrades. Otherwise, 'The Company' will not request or prompt you for payments, credit card information at any time. If you have been contacted by a person claiming to be a representative of 'The Company' or 'ModelFacture' who is requesting such payment information, contact us immediately.
Future Cost & Grandfather Clause
'ModelFacture' does reserve the right to institute paid membership options for access to 'Core Features' of 'The Website' in the future, as it deems fit. In such a case where 'ModelFacture.com' chooses to utilize paid membership options for access to 'Core Features', those who have previously registered a free account on 'The Website' will be therein grandfathered into remaining a free member of 'The Website' without payment or penalty, which provides uninterrupted access to the 'Core Features' of 'ModelFacture.com' whereas infrastructural possibilities exist. Mebers who are grandfathered into this provision, understand that the clause does not apply to any newly offered paid options beyond the "Core Features".
Each visitor who opts to become a paid 'Member' of 'ModelFacture' after such paid options are offered, shall not be grandfathered into this clause of these 'Terms Of Service'. An existing 'Member' of 'ModelFacture.com' that elects to signup for future premium or paid non-core services, whom signed up for an account before such paid services were offered, shall not be covered in this clause. For purposes of not only this clause but the entire 'Terms Of Service', "Core Features" are defined in the section within these 'Terms Of Service' labeled 'Core Features'.
To access many features of 'the website', you must register a free member account. These features include (but may not be limited to): Profile creation, networking with existing members of 'The Website', posting and replying to casting calls and participating in a sponsorship program campaign. Unregisitered visitors of 'The Website' are permitted to view the unrestricted material within 'The Website', however are still bound by the terms of this agreement.
You are responsible for protecting the password that you use to access 'The Website' and for any actions under your password. We suggest you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) when creating your account. 'ModelFacture' cannot and will not be liable for any loss or damage arising from your failure to safeguard your own password.
You must select and use a user name that is fit for public consumption when using 'The Website'. User names cannot contain the words 'ModelFacture', 'Fair Brands', 'Admin', 'Management' or any other names/labels identifiable as representative of 'The Company'. Likewise, your user name cannot be offensive, racist, vulgar, sexually oriented or contain profanity in any manner.
By using 'ModelFacture', you agree not to use 'The Website' for any of the following purposes:
*As a medium for conducting illegal activities.
*As a medium for conducting immoral, unethical or uncivil activities.
*As a medium for spam or unauthorized third-party advertising.
*As a medium for dating, intimate encounters or matchmaking.
*As a medium for conducting business ('the website' is for personal use only).
*As a medium for data-mining or media assimilation.
By accessing 'The Website', you are expressly prohibited from engaging in any of the following activities:
*Attempts to 'hack', 'break' or infiltrate 'The Website', hosting servers or any other property.
*Attempts to 'hack', 'break' or infiltrate member accounts by unauthorized use of login credentials.
*Attempts to 'hack', 'break' or infiltrate member accounts phishing, scanning or searching for working login credentials.
*Attempts to access an existing member's account that is not your own (even if permission was granted by the account owner).
*Attempts to initiate Denial of Service (DOS) attacks against 'The Website' or servers.
*Attempts to create new member accounts with the intention of 'hacking', 'breaking' or infiltrating 'The Website'.
*Attempts to create new member accounts with the intention of stalking or harassing existing members of 'The Website'.
While using 'The Website', you are expressly prohibited from engaging in any of the following behaviors:
*Stalking, harassing or defaming other users of 'The Website'.
*Threatening (verbally, electronically or otherwise) any user of 'the website' with any bodily harm or death.
*Sexually harassing other users of 'The Website'.
*Posting crude, defaming or sexually explicit comments in an open forum in an attempt to harm another user of 'The Website'.
*Using internal message systems in order to solicit commercial sales, pitches or push other advertising motives to other members.
You are expressly forbidden to upload content that is illegal, immoral or is unlawful for possessing. This includes any image, video media files or any other data files that can contain such content. Uploads containing malware, viruses, Trojans, bots or other harmful components are prohibited from being uploaded.
The use of images by 'The Company' and registered members of 'The Website' are specifically governed by the 'DMCA Policy', which is separate from the main 'Terms Of Service' here. However, use of 'The Website' expressly constitutes your understanding and acceptance of the 'DMCA Policy', contained here.
'The Service' and content are protected by service mark, copyright and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, 'ModelFacture' owns all right, title and interest in and to 'The Service' and content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the 'The Service' or content. All trademarks, service marks, logos, trade names and any other proprietary designations of 'ModelFacture' used herein are trademarks or registered trademarks of 'The Company'. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Nudity, NSFW & 18+ Content
You agree that by conducting any of the following behaviors, that you are at least 18 years of age or older, at the time of
the stated action:
*Upload content that depicts yourself or any person nude (implied or otherwise).
*View content that depicts any person nude (implied or otherwise).
*Access existing member accounts or areas of 'the website' that are clearly marked, flagged or restricted as 'NSFW' (Not Safe For Work).
You agree that by uploading content that depicts nudity (implied or otherwise), that you are the person depicted -OR- are the
legal copyright owner/author of said content. No one is permitted to upload content that:
*Is sexually explicit in nature.
*Depicts sexual intercourse.
*Depicts persons that are (or even appear to be) underage (18 or under) at the time of the content authoring.
*Depicts acts of violence, rape or otherwise immoral, unethical or unlawful situations.
*Lascivious display of the genitalia (male or female) (including pubic regions).
*That serve as an advertising tool to the uploader without express written permission of 'The Company'.
You also agree not to upload material that:
*Have commercial advertisements printed, embedded or installed on/within them. The only exception to this is 'studio' logo artwork belonging to the authoring photographer. Models are not permitted to upload material that promotes their 'paid' adult websites of their own but are permitted to upload material with logo artwork that represents their general modeling website.
Title 18, Section 2257
'ModelFacture' is not a producer (primary or secondary) of any or all of the content found on 'The Website' 'ModelFacture.com'.
With respect to the records as per 18 USC 2257 for any and all content found on this site, please direct
your request to the author for which the content was produced. In each case, 'ModelFacture' requires each member to only upload content
that is owned or authored by themselves, thus making the member the producer of said content. In the event of court ordered records request
directly to 'ModelFacture', 'The Company' will provide full disclosure of the member who registered the account, which uploaded any material
triggering the court order. 'ModelFacture' is a networking site that allows for the third-party uploading, sharing and general viewing of
various modeling related content, and while 'ModelFacture' does the best it can with enforcing compliance, it may not be 100% accurate.
'ModelFacture' utilizes by the following procedures to ensure compliance:
For all users to be 18 years of age to upload images and other media that contain nudity (videos containing nudity are not allowed). When uploading, user must verify the content; assure he/she is 18 years of age; certify that he/she keeps records of the models in the content and that they are over 18 years of age, again, if said material contains nudity.
Registered members of 'The Website' agree not to use their account profile as a means for increasing traffic to URL destinations that are of a commercial, offensive, sexually explicit, immoral, unlawful or unethical nature. This includes social media hyperlinks located on the member profile page that are meant to direct to the members personal social media account only. Member accounts that are specifically created and used to direct users to commercial websites only will be considered spam and will be deleted.
The message board contained within 'The Website' has its own Governing terms of service however they are superseded entirely by these main terms of service herein. The terms of service for the message board can be found by visiting here.
'ModelFacture' will provide technical support to its users completely at its sole discretion. As a user of 'The Service', you understand that while 'ModelFacture' intends to provide continuous technical support, at no cost, we reserve the right to provide it only at our discretion and at times when we are available to provide such support. This provision applies to all users and any 'Member' regardless of method of access or whether or not a 'Member' is utilizing a paid component.
Company Social Media
'ModelFacture' operates several social media account profiles through Third Party Services. As of this Terms Of Service update, 'ModelFacture' maintains such accounts on the following Third Party Providers of social media: Facebook, Twitter, Pinterest and Instagram. While these particular 'Terms Of Service' are superseded by those of the Third Party Service Providers hosting 'Our' accounts, we reserve the right to inform all of our visitors, "users" and 'Members' that we may choose to edit, delete and manage the content (existing or not) available on our social media accounts. Likewise, we reserve the right to censor, ban, block or remove from our follower base, any social media follower from accessing our social media accounts, for any reason without notice. 'ModelFacture' also utilizes the use of social media 'bot' services to perform 'likes' and mundane comments on various social media accounts for purposes of interacting with the public. Regarding the self-posting of images and photography content on our social media accounts, we utilize publicly available images sourced from Tumblr.com, 500px.com and Google Images for display in our posts. If we have used any of your copyright works on our social media accounts and you wish to revoke permission for display, please send us an email and we will act accordingly. 'ModelFacture' acts in compliance with the Terms and Acceptable Use Policies of all Third Party Service providers of social media and intends to honor any requests by copyright owners of our posted social media material as well.
Cancellation & Termination
ModelFactures' Rights: If you violate any of these Terms Of Service, 'ModelFacture' will have the right to suspend, disable or entirely delete your account at its sole discretion and without prior notice to you. 'ModelFacture' reserves the right to revoke your access to and use of the 'The Service' at any time, with or without cause. In the event 'ModelFacture' terminates your account for violating this agreement, you will remain liable for all amounts due hereunder, if you were previously utilizing a paid component of 'The Service'.
You may cancel your account at any time by sending an email to email@example.com and by placing "Cancel Account" in the subject line. Additionally, you may automatically cancel your own account by going to the cPanel within your account and utilizing the "Cancel Account" feature found within. Upon cancellation of your account, 'ModelFacture' may retain, use and continue to show in anonymized form data and information you made available to the public on 'The Service', including your links to Third Party Content, comments, profile data and similar Content.
To participate in any contest on 'The Website', you must be:
*At least 18 years of age.
*A registered member of 'The Website'.
*A legal resident of The United States of America.
*In good standing with 'The Company' (have not been previously banned from 'The Service').
In general, you must comply with the above in order to participate in any contest, sweepstakes, give-away, raffle or similar promotion featured on 'The Website'. However each contest may or may not have additional or superseding terms, which will be posted on the contest page.
Sponsorship Campaigns for Models
'ModelFacture' offers an optional part of 'The Service' on 'ModelFacture.com', the ability to existing "Model" members of 'The Website', to participate in the "Sponsorship Campaign" (known hereafter as 'Campaign' or 'Campaigns'') service within. These 'Campaigns' are exclusively available to "Model" members only as of this current rendering of these 'Terms Of Service'. The 'Campaign' opportunities do not include any warranties, guarantees, promises or asurety of operational continuity, success or satisfaction. 'You' also understand that neither ‘ModelFacture’ nor its parent company directly transacts with the flow or transfer of any of the monetary movements involved with the 'Campaigns' offered here on 'ModelFacture.com'. Any such funding or transfers are routed directly to and from participants only. At no time whatsoever does 'ModelFacture', its staff or affiliates control or possess any of the 'Campaign' funds. 'ModelFacture' also provides the use of 'Campaigns' on 'The Website' free of charge for registered "model" members who choose to utilize them. Additionally, 'ModelFacture' does not deduct fees or remove a percentage of any transferred monies involved in these 'Campaigns'. The remaining details, rules and provisions governing these 'Campaigns' are found within the separate Sponsorship Terms.
"Direct Sponsorships" are occasionally offered by 'The Company' and such opportunities are made publicly through 'ModelFacture.com' and other means of communication. Offers for 'Direct Sponsorships' are contractual and legally binding written agreements between 'ModelFacture' and the accepted "model", which in turn provide spokes-model services to 'ModelFacture' in exchange for benefits and compensation, which are detailed by clicking here: Direct Sponsorship Terms & Info. Whilst under contractual agreement with 'ModelFacture' for a 'Direct Sponsorship', such persons are still effectively bound by this Terms Of Service as well, in perpetuity.
While 'The Company' will make every effort to make 'The Website' available on a continuous basis, without interruption, we cannot guarantee seamless uninterrupted operation and availability of 'The Website' or any of its components. In regard to any of the paid portions of 'The Website', 'The Company' will not issue any refunds to you due to any lapse in online availability or our servers. 'The Company' is also not responsible for any damages, loss of financial gain/potential to you as a result of 'The Website' becoming unavailable. The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
'The Company' takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products and 'The Website'. You understand that you may be exposed to risks, dangers and liabilities when using this service and that 'ModelFacture' assumes no responsibility for your actions as a result of such use. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODELFACTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, LOSS OF PROFITS, DATA OR REVENUES, OR OTHER INTANGIBLE LOSSES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 'MODELFACTURE' OR THROUGH 'THE SERVICE' OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold 'ModelFacture' and its successors and their officers, staff, management, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of 'The Service', content, Third Party Content, or your violation of these 'Terms Of Service'.
These 'Terms Of Service' and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these 'Terms Of Service' will be the state and federal courts located in Ohio and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These 'Terms Of Service' represent the entire and exclusive understanding and agreement between 'The Company' and 'You' regarding 'The Service' and content, and these 'Terms Of Service' supersede and replace any and all prior oral or written understandings or agreements between 'The Company' and 'You' regarding 'The Service' and content.
You may not assign or transfer these 'Terms Of Service', by operation of law or otherwise, without 'ModelFacture's' prior authorized consent. Any attempt by you to assign or transfer these 'Terms Of Service', without such consent, will be null and of no effect. 'ModelFacture' may assign or transfer these 'Terms Of Service', at its sole discretion, without restriction. Subject to the foregoing, these 'Terms Of Service' will bind and inure to the benefit of the parties, their successors and permitted assigns.