For Artist
By logging on to MODELSBAZAAR.COM, Artists accept the following General Terms and Conditions (hereinafter the “GTCs”) for using MODELSBAZAAR.COM. The Artist enters into this agreement on the use of MODELSBAZAAR.COM services with Modelbazaar Pvt. Ltd. Additional contact information, commercial registry data, as well as the name of the authorized representative of MODELSBAZAAR.COM are accessible via “Company details”.
A. DEFINITIONS
“Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists, other industry professionals and spectators visiting or using MODELSBAZAAR.COM;
“Artists”: Artists visiting or using MODELSBAZAAR.COM;
“B-Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists and other industry professionals that are registered users on MODELSBAZAAR.COM and that use the Booking System;
“B-Artists”: Artists of legal age (18 years-old and older) that are subscribed to MODELSBAZAAR.COM and that use the Booking System;
“GTCs”: General Terms and Conditions for the use of MODELSBAZAAR.COM by Artists, including Sections A to C.
“GTCs Booking System”: General Terms and Conditions accepted by Artists and Professionals for the use of the Booking System.
“Booking System”: Feature on MODELSBAZAAR.COM through which registered Professionals are able to book a Artists of legal age (18 years old or over) for a certain job;
“Website”: MODELSBAZAAR.COM;
“Total Price”: Total amount that B-Professionals must pay through net banking or credit/debit card on MODELSBAZAAR.COM for booking a B-Artist through the Booking System;
“Agreed Date”: End date of the job requested by the B-Professional to the B-Artist through the Booking System and that has been agreed between both of them;
“Start Date”: Start date of the job requested by the B-Professional to the B-Artist through the Booking System and that has been agreed between both of them;
“Agreed Fee”: Fee agreed between the B-Professional and the B-Artist for the job requested by the B-Professional to the B-Artist through the Booking System.
B. USE OF MODELSBAZAAR.COM
1. Subject Matter
1.1 MODELSBAZAAR.COM offers Artist a platform for presenting their profiles and photo books and for arranging business contacts, particularly with direct clients, agencies and photographers.
1.2 Certain limited features of MODELSBAZAAR.COM are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of MODELSBAZAAR.COM by Artists are set forth under “Fees”. The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Artist shall be due immediately upon registration on MODELSBAZAAR.COM. Payments can be made using the various payment methods, or the available online payment systems. The Artist may start using the Premium Services if and when MODELSBAZAAR.COM has received the applicable subscription fee.
1.3 The Artist acknowledges and agrees that it is technically impossible to achieve 100% availability of MODELSBAZAAR.COM. MODELSBAZAAR.COM shall nonetheless endeavour to keep MODELSBAZAAR.COM available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond MODELSBAZAAR.COM's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on MODELSBAZAAR.COM.
1.4 MODELSBAZAAR.COM provides artist a platform on which to establish contact with other persons or entities, in particular modeling & film related. MODELSBAZAAR.COM does not take part in any communication between Artist and/or any other users of its services. If users enter into agreements with one another via MODELSBAZAAR.COM, MODELSBAZAAR.COM shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. MODELSBAZAAR.COM shall not be held liable if users are unable to contact one another over MODELSBAZAAR.COM regarding such agreements. Furthermore, MODELSBAZAAR.COM shall not be liable for breaches of agreements entered into between users.
1.5 MODELSBAZAAR.COM is only responsible for all registered users to advertise, make direct contacts with clients and doesn't give any guarantee of getting works.
2. Registration on MODELSBAZAAR.COM
2.1 Artists must register prior to using the services of MODELSBAZAAR.COM.
2.2 The Artist shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Artist for public display with the Model’s profile, whereas the Artist’s name will be made publicly available which they choose while register. The Artist shall report any changes in the registration data to MODELSBAZAAR.COM without undue delay.
2.3 The Artist warrants and represents that he or she is of legal age at the time of registration, failing which the subscription to MODELSBAZAAR.COM is subject to requisite parent/guardian consent. In any event, persons under the age of 14 years are not permitted to use MODELSBAZAAR.COM.
2.4 The Artist shall choose a password upon registration, which is needed in order to access his/her account on MODELSBAZAAR.COM. The Artist is obliged to keep this password secret. MODELSBAZAAR.COM shall not disclose the password to any third party and MODELSBAZAAR.COM’s employees shall not ask for the Artist’s password at any time. The Artist shall notify MODELSBAZAAR.COM immediately of any unauthorized use of his/her password or account.
2.5 By completing the registration process, the Artist accepts these GTCs on the use of the services of MODELSBAZAAR.COM. MODELSBAZAAR.COM accepts this offer by activating the services on MODELSBAZAAR.COM.
3. Obligations of the Artist
3.1 The Artist is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.
3.2 The Artist shall post on MODELSBAZAAR.COM only photographs, videos, content and other materials (the “Content”) that are in compliance with the guidelines for photographs published by MODELSBAZAAR.COM under “guidelines”. The Artist warrants and represents that the public display of such Content is not prohibited. The Artist agrees that Trusted Photographer may directly upload photos and videos of the Artist that they take.
3.3 The Content posted by the Artist shall comply with all applicable legislation, and respect all third-party rights. In particular, the Artist shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).
3.4 The Artist shall not distribute or publicly disclose the contents of MODELSBAZAAR.COM, or perform any actions which may impair the operability of MODELSBAZAAR.COM’s infrastructure, particularly actions which may overload said infrastructure.
3.5 The Artist agrees that MODELSBAZAAR.COM may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Artist is using MODELSBAZAAR.COM.
4. Changes to the Services on MODELSBAZAAR.COM
MODELSBAZAAR.COM reserves the right to modify the services offered on MODELSBAZAAR.COM and/or to offer services different from those offered at the time of the registration of the Artist at any time, unless this is unreasonable for the Artist.
5. Termination of Subscription
5.1 The Artist may terminate his/her subscription to MODELSBAZAAR.COM at any time without cause. The Artist may deliver notice of termination using the contact form available on MODELSBAZAAR.COM or by pressing the “Request your account to be deleted” button, if available, at any time. The termination notice shall include the Artist’s registered name and e-mail address. The subscription to MODELSBAZAAR.COM shall terminate automatically in case the Artist does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “Upgrade Premium Membership”.
5.2 During any term for which a Artist has paid the applicable subscription fee, MODELSBAZAAR.COM may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for MODELSBAZAAR.COM to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of MODELSBAZAAR.COM against those of the Model. A good cause includes, among others, any of the following events:
If the Artist fails to comply with any applicable legal provisions; If the Artist breaches a material contractual obligation set forth in these GTCs; If the Artist causes harm to any other users of MODELSBAZAAR.COM.
If MODELSBAZAAR.COM considers that the Artist is involved in any immoral activity; *If the Artist makes any changes or removes information in his/her profile which could affect his/her status.
5.3 In the event of a good cause in accordance with section 5.2, MODELSBAZAAR.COM is entitled to:
Delete the contents posted by the Artist
Issue a warning, or
Block the Artist’s access to the services on MODELSBAZAAR.COM.
5.4 In the following cases, the Artist shall not be entitled to claim reimbursement of any subscription fees paid:
If MODELSBAZAAR.COM has terminated the contract for good cause pursuant to section 5.2,
If MODELSBAZAAR.COM has blocked the Model’s access in accordance with section 5.3, or
If the Artist has terminated the agreement. However, the Artist’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Artist has terminated the agreement for a good cause attributable to MODELSBAZAAR.COM.
6. Responsibility for the Artist’s Content, Data or other Information
6.1 MODELSBAZAAR.COM does not make any warranties or representations regarding any data and/or information provided or made available by any user on MODELSBAZAAR.COM. In particular, MODELSBAZAAR.COM does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2 The Artist shall report any activities of any other user which violate applicable laws, and/or any of these GTCs using the contact form available on MODELSBAZAAR.COM.
7. Customer Service/Support
Queries regarding the agreement with MODELSBAZAAR.COM or regarding MODELSBAZAAR.COM’s services may be sent to MODELSBAZAAR.COM using the contact form available on MODELSBAZAAR.COM or by sending an email to support@modelsbazaar.com
8. Liability of MODELSBAZAAR.COM
MODELSBAZAAR.COM (including its vicarious agents) shall only be liable for damages suffered by the Artist as a consequence of its subscription to MODELSBAZAAR.COM if MODELSBAZAAR.COM is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Artist.
9. Indemnity
9.1 The Artist shall indemnify and hold MODELSBAZAAR.COM harmless from and against all actions, including damage claims, asserted by other users or third parties against MODELSBAZAAR.COM resulting from an infringement of their rights by the Contents posted by the Artist on MODELSBAZAAR.COM. The Artist assumes all reasonable costs MODELSBAZAAR.COM incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of MODELSBAZAAR.COM, including the right to claim damages, shall remain unaffected.
9.2 In the event the Contents posted by the Artist infringes any rights of any third party, the Artist shall, at his/her own expense and at MODELSBAZAAR.COM’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.
10. Data Protection
MODELSBAZAAR.COM recognizes that any personal data provided by the Artist to MODELSBAZAAR.COM is extremely important to the Artist, and MODELSBAZAAR.COM shall therefore be particularly sensitive in handling such data. MODELSBAZAAR.COM shall comply with all applicable legal provisions regarding data protection. In particular, MODELSBAZAAR.COM shall not provide or otherwise disclose any personal data of the Artist to any third party without authorization. Details on MODELSBAZAAR.COM's treatment of the User's data are set forth in the Data Protection Policy of MODELSBAZAAR.COM.
11. Feedback, Reputation and Reviews
Artists accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to MODELSBAZAAR.COM. Artists acknowledge that they cannot use this feedback without prior written permission of MODELSBAZAAR.COM.
12. Taxes
Artist are responsible for paying their own taxes. Legal VAT, according to the Indian Law, will be added to fees billed to Artists, if applicable.
13. Language
Artists accepting the GTCs for using MODELSBAZAAR.COM declare that they fully and perfectly understand the content of the English version of these GTCs.
14. Miscellaneous
14.1 Any amendments to these GTCs must be made in writing in order to be valid.
14.2 MODELSBAZAAR.COM reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Artist. MODELSBAZAAR.COM shall give due notice of any amendments of these GTCs to the Artist. If the Artist does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Artist. MODELSBAZAAR.COM shall inform the Artist's right to object and of the relevance of the objection deadline in said notice.
14.3 Unless otherwise stated in these GTCs, the Artist may submit all notices to MODELSBAZAAR.COM using the contact form provided on MODELSBAZAAR.COM, or by sending an e-mailto support@modelsbazaar.com
14.4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.
C. BOOKING SYSTEM OF MODELSBAZAAR.COM
The Booking System is a feature on MODELSBAZAAR.COM through which registered Professionals (herein after “B-Professionals”) are able to book Artists of legal age (herein after “B-Artists”) for a certain job. B-Artists and B-Professionals accept the following General Terms and Conditions for using the Booking System of MODELSBAZAAR.COM:
1. General Terms and Conditions for the use of MODELSBAZAAR.COM
These General Terms and Conditions for the use of the Booking System (herein after “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).
2. Use of the Booking System
2.1 B-Professionals shall make an offer to book a Artist through the Booking System. To this end, B-Professionals must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Artist through MODELSBAZAAR.COM. This form is available on the Website.
2.2 If the B-Artist and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional can directly pay to B-Artists.
3. Method and conditions of payment
3.1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Artist, limited to INR in India and American Dollar outside India. The Total Price is charged in the same currency.
3.2 The payment of the job done By the B-Model must be paid by B-Professional, through cash, cheque, online transfer or any other transaction process agreed between B-Model and B-Professional. No additional fees are charged to B-Professionals by MODELSBAZAAR.COM.
If MODELSBAZAAR.COM is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, MODELSBAZAAR.COM will not be responsible. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of MODELSBAZAAR.COM.
3.5 MODELSBAZAAR.COM may not renew the subscription if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed.
4. Cancellations and refunds
4.1 B-Models may cancel the booking at any time before the booking date starts with prior notice to B-Professional. If the B-Model cancels the booking, any advance paid to B-Models by B-Professional, will have to refunded to the B-Professional within 24 hrs after the notification of the cancellation to B-Professional.
If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to MODELSBAZAAR.COM no later than 24 hours after the Agreed Date.
4.2 B-Professionals may cancel the booking before the B-Model delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).
4.2 If the B-Models make any payment through online payment system in MODELSBAZAAR.COM to buy any subscription, it will not be refunded to the B-Models.
5. Intervention of MODELSBAZAAR.COM in the transaction
5.1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and MODELSBAZAAR.COM.
5.2 The intervention of MODELSBAZAAR.COM in the transaction is only for the following purposes:
To provide, host and maintain a list of Models on the Website in order to enable the Professionals to select Models for the services that they may require;
To supervise that the B-Professional correctly pays the Total Price;
5.3. MODELSBAZAAR.COM is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of MODELSBAZAAR.COM. MODELSBAZAAR.COM does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.
If any worker of MODELSBAZAAR.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including MODELSBAZAAR.COM website, these will be considered as simple personal opinions, for which MODELSBAZAAR.COM and/or its workers will not be held responsible.
MODELSBAZAAR.COM is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that MODELSBAZAAR.COM is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.
5.4 B-Models and B-Professionals agree and acknowledge that the relationship between them is that of independent contractors.
5.5 B-Agents and B-Models agree and acknowledge that MODELSBAZAAR.COM is not responsible for:
any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.
5.6 MODELSBAZAAR.COM does not offer any form of insurance since the Website only provides an online venue for B-Professionals to make and offer and buy services of B-Models.
5.7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.
6. Complaints and Disputes
6.1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to MODELSBAZAAR.COM up until 24 hours after the Agreed Date.
6.2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:
The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELSBAZAAR.COM.
If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELSBAZAAR.COM.
If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELSBAZAAR.COM.
6.3 B-Professionals and B-Models agree and acknowledge that MODELSBAZAAR.COM does not provide legal services or legal advises of any kind.
Intellectual Property
1. All rights reserved. Content on the website uploaded by Modelsbazaar.com (including the name of the company, the logo, the tagline, along with the visual and written content on the website), and not by the users, are protected by copyright law.
2. The content uploaded by the users of the website (account information, photos, videos, and text) is not claimed by Modelsbazaar.com as their own. The ownership rights to such content rest with the user who uploads it.
3. Though users own the content they upload on the website, Modelsbazaar.com may use such content, in part or in full, for promotional purposes. In this regard, the user, while creating his or her account at Modelsbazaar.com, unconditionally gives Modelsbazaar.com the permission to use content uploaded by him or her for the company’s communication and advertising.
4. If a user-uploaded content infringes on the copyright of a third party and on the condition that Modelsbazaar.com is informed of it, Modelsbazaar.com reserves the right to investigate such infringement, and suspend the account of the user, if found guilty.
5. The user agrees that by uploading his or her personal data, text, photos, and videos, he or she is aware of the dangers of cybercrime. And though Modelsbazaar.com will internally try to strengthen the security of the website, any breach of privacy by a third party will not put Modelsbazaar.com in a position were responsibility or compensation may be claimed of it.