Terms and Conditions

Last Updated: 6/09/2011

Privacy Policy can be found -> HERE

Welcome to www.promotionalmodelsdirect.com (collectively the “Website”), operated by Promotional Models Direct, LLC., a Arizona corporation located at 4951 E. Grant Road Suite 105-409, Tucson AZ. 85712 (hereinafter referred to as “Promotional Models Direct” we”, “us” or “our”).

This Agreement (hereinafter referred to as “Agreement”) sets forth the terms and conditions which govern your use of the Website. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.

By accessing our Website, you agree to be bound by the terms and conditions set forth in this Agreement and by the our Privacy Policy which is located at http://www.promotionalmodelsdirect.com/privacy-policy/and which is incorporated into this Agreement. 
The Website provides the means for anonymous browsers (“Visitors”) to learn more about our Services. Visitors who are at least eighteen (18) years of age and who affirmatively indicate their agreement to abide by this Agreement, by means of a click-through consent, (“Registrants”) may submit an on-line application (“Application”) to “Become a Model”. You may register if you are under the age of 18 BUT ONLY IF your parent/legal guardian registers on your behalf.  Registrants may NOT be under the age of 13 and in the case of a registrant under the age of 18, “Registrant” will be deemed to include a parent/legal guardian.

Promotional Models Direct reserves the right to modify this Agreement at any time and you agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website will be deemed conclusive evidence of your acceptance of any modified Agreement.

We will indicate that changes to this Agreement have been made by updating the date shown after “Last Updated” at the top of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website.

 

1. Registrants.

1. Capacity. In order to submit an application to Become a Model you must become a Registrant by affirmatively accepting this Agreement. By clicking on the “I Accept the Terms of Use” checkbox, the Registrant acknowledges that he or she is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to click the “I Accept the Terms of Use” tab will prevent an individual from becoming a Registrant. If you are under the age of 18 but at least 13 years of age you may have your parent/legal guardian register on your behalf. Visitors under the age of 13 may not register.

2. Accurate Information. Registrants agree to provide Promotional Models Direct with accurate, complete and current information, and to update such information if and when it should change.

3. Charges. While use of the Website is currently free of charge, you acknowledge that we may decide at any time to charge for such use, at our sole discretion.

2. Submissions.

1. Applications. The Website enables Registrants to submit Applications to Promotional Models Direct which contain (i) personally identifiable information (“PII”) about Registrants, including without limitation their name, address, telephone number and email address, (ii) a detailed description about such Registrant’s physical attributes, and (iii) photographs/videos of such Registrants (collectively, the “Content”). Registrants understand submission of an Application does not mean they will become a Promotional Models Direct model and does not guarantee that Promotional Models Direct will contact them or make an offer of a modeling contract. All Registrants are INDEPENDENT CONTRACTORS and nothing in these Terms and Conditions shall in any way be construed to constitute Registrant as an Agent, Employee, or Representative of the Company, and Registrant shall perform services hereunder as an independent contractor. Registrant acknowledges and agrees that if any services are provided, Registrant is obligated to report any income or compensation to the Internal Revenue Service, and Registrant acknowledges and agrees to pay all self employment and other taxes thereon. All registrants must complete and return a W-9 Request for Taxpayer Identification prior to providing any services. Registrant further agrees to indemnify Promotional Models Direct and hold it harmless to the extent of any obligation imposed on the company (i) to pay in withholding taxes or similar items or (ii) resulting from Registrant being determined not to be an independent contractor.

2. Grant of License to Content. By posting content (“Content”) to the Website or by otherwise submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Promotional Models Direct, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights in and to any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Promotional Models Direct shall not be limited in any way in its use, commercial or otherwise, of any such Content, and Registrants hereby waive any moral rights or approval rights in or to, such Content as well as the right to receive a credit or payment of any royalty or fee whatsoever to the anyone associated with the Content, including without limitation the photographer/videographer, author, composer producer or the subject of such Content.

3. Registrants acknowledge and agree that (i) Promotional Models Direct has the right to post, or take down, Content submitted by you at any time; (ii) Promotional Models Direct has no obligation to use your Content; (iii) the submission of your Application and/or Content in no way imposes any obligation on Promotional Models Direct, whether of confidentiality, attribution, or otherwise, and Promotional Models Direct shall not be liable for any use or disclosure of any Content contained in the Content; (iv) you hereby waive any claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your (or your child’s) image/likeness, photographs and/or videos, (v) you will pay for all royalties, fees and any other monies that may be due or owing to any person by reason of any Content submitted by you to the Website, and (vi) Content submitted to the Website may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations.

4. Restrictions. Registrants agree NOT to submit to the our Website any Content that:

*                      interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;

*                      is patently offensive to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

*                     is fraudulent;

*                      is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;

*                      infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work, or is abusive, threatening, obscene, defamatory or libelous;

*                      harasses or harms, or advocates the harassment or harming of another person;

*                      displays pornographic or sexually explicit material of any kind or contains photographs/videos that are in bad taste, contain nudity, obscene, lewd or otherwise offensive or objectionable matter;

*                      causes us to lose the services of our ISPs or other suppliers; or

*                      violates any applicable local, state, national, or international law.

5. Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Promotional Models Direct.

3. Intellectual Property.

1. Trademarks. “The trademarks/service marks and logos (collectively the “Marks”) displayed on the Website identify the products and services of Promotional Models Direct, its advertisers and other third parties and inform the public as to the source of those products and services. Nothing contained on this Website should be construed as granting any right or license to use any Mark displayed on the Website in any manner whatsoever. Your misuse of any Mark is strictly prohibited, including, without limitation, your use of any Mark: (i) in any manner likely to cause confusion; (ii) to identify your products or services; (iii) in, as or part of your own trademarks or service marks; (iv) in any manner that implies inaccurately a sponsorship, endorsement or other connection with your products, services or other activities; or (v) in a manner that disparages or dilutes any of the Marks or Promotional Models Direct.
You are also advised that Promotional Models Direct reserves the right to enforce its intellectual property rights to the fullest extent of the law. You agree not to display or use the Marks without the prior written permission of Promotional Models Direct. Please make any such request by email to support@PromotionalModelsDirect.com. We will evaluate your request and respond.

2. Copyright. Please feel free to browse our Website. You may download or make single copies of materials displayed on the Website for your own personal and noncommercial use, provided that all copies will retain the copyright, trademark or other proprietary notices displayed with the materials on the Website. You may not distribute, transmit, copy, download or otherwise make available any material from the Website, including any text, images, audio or video clips, for public or commercial use, without the prior written permission of Promotional Models Direct. You may also not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Website without prior written permission. None of the material contained on the Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Promotional Models Direct. 
Except as otherwise noted, all content of the Website is:

©2010 PROMOTIONAL MODELS DIRECT, INC. All Rights Reserved

Promotional Models Direct reserves the right to terminate service to users who willfully and/or repeatedly infringe intellectual property right. For further information regarding permission to use material, please contact us. We can be reached by email at support@promotionalmodelsdirect.com

 

4. Links.

Promotional Models Direct may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Promotional Models Direct will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites will be subject to the policies and procedures of the owner of such websites.

5. DISCLAIMER OF WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT:

1. PROMOTIONAL MODELS DIRECT IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, DAMAGED, ILLEGIBLE OR MISDIRECTED APPLICATIONS OR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS OR ANY COMBINATION THEREOF. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL

2. USE OF THE WEBSITE BY REGISTRANTS AND VISITORS IS AT YOUR SOLE RISK. PROMOTIONAL MODELS DIRECT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE.

3. THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROMOTIONAL MODELS DIRECT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, PROMOTIONAL MODELS DIRECT DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY.

1. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL PROMOTIONAL MODELS DIRECT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. PROMOTIONAL MODELS DIRECT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ((I) THE AMOUNT PAID BY YOU IF ANY TO ACCESS THIS WEBSITE OR (II) $100.

2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 5 OR 6 HEREOF MAY NOT APPLY TO YOU.

7. Representations and Warranties.

You represent and warrant that (i) you will abide by the terms of this Agreement, (ii) the submission of an Application does not violate any restrictions to which such you may be bound, (iii) Content submitted by you will be accurate does not and will not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Content does not violate the terms of this Agreement or any applicable laws or regulations.

8. Indemnification

You agree to indemnify, defend and hold Promotional Models Direct harmless from any claim, expense or demand, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Promotional Models Direct be liable in any way for the accuracy, reliability, or quality of any Content, and that you will hold Promotional Models Direct harmless for (i) any errors or omissions in Content submitted by you, or (ii) any loss or damage of any kind incurred as a result of the use of Content submitted by you.

9. Notification and Procedure for Making Claims.

Promotional respects the intellectual property of others, and we ask you to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to the designated Copyright Agent of Promotional Models Direct:

1. Identification of the copyrighted work(s) that you claim has been infringed;

2. Identification of where the material that you claim to be infringing is located;

3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;

4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;

5. Your address, telephone number, and email address; and

6. Your physical or electronic signature.

The designated agent of Promotional Models Direct for notification of claims of copyright infringement on the Website is the General Counsel, Promotional Models Direct, LLC. who can be reached as follows:
4951 E. Grant Road, Suite 105-409, Tucson, AZ. 85712 or support@PromotionalModelsDirect.com 
Similarly, if you believe any of your trademarks or service marks have been infringed, please notify the designated Promotional Models Direct agent.

10. Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Website are solely between you and such third party. You agree that Promotional Models Direct shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

11. Commercial Use.

You acknowledge and agree that the Website is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.

12. Privacy.

Promotional Models Direct is committed to safeguarding your privacy. The terms regulating the handling of PII and other information by you in connection with the Website is described in our Privacy Policy, which can be found at: http://www.promotionalmodelsdirect.com/privacy-policy/

13. No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Promotional Models Direct by this Agreement.

14. Notices.

Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Promotional Models Direct, Inc., 4951 E. Grant Road Suite 105-409, Tucson AZ. 85712, Attention: General Counsel and to a Registrant at the address listed in such Registrant’s Application. Notice shall be deemed given seven (7) days after the date of the mailing.

15. Governing Law; Venue.

You acknowledge and agree that this Agreement will be governed by and construed in accordance with the laws of the United States, including US copyright and trademark laws, and with the laws of the State of Arizona, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Arizona. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper.

16. General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Promotional Models Direct, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of both parties.

End