CATCHMODELS.com Terms of Service Agreement

Welcome to CATCHMODELS.com.

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH CATCHMODELS.com OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 18 years old to become a CATCHMODELS.com member and/or use any CATCHMODELS.com services. In addition, before you can become a CATCHMODELS.com member and/or use the CATCHMODELS.com Web site if you parents or guardians wants to use CATCHMODELS.COM service for the models below the ages of 18, they must mention their name in the registration form and accept all the responsibilities for the model.

If you want to become a CATCHMODELS.com member, please review this Terms of Service Agreement. By registering to become a CATCHMODELS.com member and/or otherwise using the CATCHMODELS.com Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian. Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on February 16, 2004.

1. DESCRIPTION OF SERVICE

CATCHMODELS.com provides a variety of online services of home pages, professional directories and online portfolios, accessible through URL CATCHMODELS.com. These services are usable by all registered users and may be viewed by non-registered users. Modeling agency scouts using the CATCHMODELS.com Agency Services (hereinafter "Professional Members") may also be able to view your online portfolio. CATCHMODELS.com is not a Talent Agency. CATCHMODELS.com does not represent you or its members as an agent, manager or otherwise. Your CATCHMODELS.com portfolio may be seen by Professional Members who use CATCHMODELS.com's services. CATCHMODELS.com does not offer services directly related to any member's future employment, and CATCHMODELS.com does not take any commissions or other fees from its members in connection with any employment a member might obtain.

2. REGISTRATION OBLIGATIONS

In order to use CATCHMODELS.com's resources, you must obtain access to the world wide web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web. By using any of CATCHMODELS.com's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. CATCHMODELS.com has the right to suspend or terminate your account if you violate the above or CATCHMODELS.com has reason to believe that you have violated the above.

3. AGE REQUIREMENT

CATCHMODELS.com does not permit models under the age of 18 to become members, post home pages or web sites or online portfolios or obtainour service without their parents permission.

4. MEMBER PRIVACY

CATCHMODELS.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. However, you agree that CATCHMODELS.com may access your account, including its contents, as stated above or to respond to service or technical issues.

5. MEMBER CONDUCT

You understand and are aware that all information, data, text, photographs, graphics, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not CATCHMODELS.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of CATCHMODELS.com's services. CATCHMODELS.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by CATCHMODELS.com's members or visitors do not necessarily represent those of CATCHMODELS.com. CATCHMODELS.com reserves the right to modify or remove anything submitted to its service and to cancel any membership, at any time, for any reason and without prior notice. In addition, CATCHMODELS.com, in its sole discretion, may terminate your account, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS. You agree to notify CATCHMODELS.com immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on CATCHMODELS.com's site:

(a) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;

(b) uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. CATCHMODELS.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;

(c) the harming of minors in any way;

(d) the manipulation of identifiers in any way in order to disguise the origin of any content transmitted through CATCHMODELS.com's services or develop restricted or password-only access pages, or hidden pages or images;

(e) the uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

(f) intentionally or unintentionally violating any applicable local, state, national or international law;

(g) the collection or storage of personal data about other users;

(h) impersonating any person or entity, including but not limited to, a CATCHMODELS.com official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;

(i) uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(j) uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;

(k) disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

(l) using your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond CATCHMODELS.com and its affiliates;

(m) having multiple CATCHMODELS.com portfolios with different names or innacurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio (living individual seeking modeling employment on a full-time or part-time basis on his or her own behalf).

(n) the selling or placement of advertising on your CATCHMODELS.com home page or portfolio page to anyone or any commercial third party;

(o) taking any action which imposes an unreasonable or disproportionately large load on the CATCHMODELS.com Web Site's infrastructure;

(p) if you have a password allowing access to a non-public area of the CATCHMODELS.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(q) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the CATCHMODELS.com Web Site other than the search engine and search agents available from CATCHMODELS.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or

(r) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the CATCHMODELS.com Web Site.

6. CONTENT SUBMITTED TO CATCHMODELS.com

CATCHMODELS.com does not claim ownership of the Content you place on your CATCHMODELS.com Portfolio or in other sections of the CATCHMODELS.com Site. By submitting Content to CATCHMODELS.com for inclusion on your CATCHMODELS.com Portfolio or in other sections of the CATCHMODELS.com Site, you grant CATCHMODELS.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your CATCHMODELS.com Portfolio and/or the CATCHMODELS.com section your portfolio is listed in and/or your content on CATCHMODELS.com's Internet properties. This license exists for as long as you continue to be a CATCHMODELS.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from CATCHMODELS.com of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of CATCHMODELS.com and its services will comply with this Terms of Service Agreement without violating the rights of others.

7. CHARGES AND BILLING

CATCHMODELS.com charges its members USD$ 2.00 / per month on recurring basis. Every month member will be charged USD$2.00 automatically via paypal. If user wants to cancel their account please send an email to info@catchmodels.com or pritesh.davda@catchmodels.com. PLEASE NOTE ONLY DELETING PROFILE WILL NOT STOP PAYMENT PROCESSING. DO LET US KNOW BY EMAIL ONLY ATLEAST 1 WEEK IN ADVANCE. DO NOT REQUEST REFUNDS.

8. NO SPAM:DAMAGES

CATCHMODELS.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay CATCHMODELS.com liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your CATCHMODELS.com account, or CATCHMODELS.com's actual damages, whichever is greater.

9. SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. INDEMNIFICATION

You agree to indemnify and hold CATCHMODELS.com, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

12. NO GUARANTEE OF SERVICE

CATCHMODELS.com provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically CATCHMODELS.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that CATCHMODELS.com should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

13. ADVERTISEMENTS AND PROMOTIONS

CATCHMODELS.com runs advertisements and promotions on CATCHMODELS.com sites. By creating your CATCHMODELS.com site, you agree that CATCHMODELS.com has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that CATCHMODELS.com should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

14. LINKS

Links to the World Wide Web and other resources may be available through CATCHMODELS.com's services. Because CATCHMODELS.com has no control over such sites and resources, you acknowledge and agree that CATCHMODELS.com is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that CATCHMODELS.com is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

15. DISCLAIMER OF WARRANTIES

a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CATCHMODELS.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. CATCHMODELS.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER CATCHMODELS.com NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

(b) CATCHMODELS.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. CATCHMODELS.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

16. LIMITATION OF LIAIBILITY

UNDER NO CIRCUMSTANCES SHALL CATCHMODELS.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. CATCHMODELS.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON CATCHMODELS.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. CATCHMODELS.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE CATCHMODELS.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. CATCHMODELS.com DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF CATCHMODELS.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CATCHMODELS.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF CATCHMODELS.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF CATCHMODELS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

19. GENERAL INFORMATION

This TOS constitutes the entire agreement between you and CATCHMODELS.com, Inc. and governs your use of the service, superseding any prior agreements between you and CATCHMODELS.com (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and CATCHMODELS.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and CATCHMODELS.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York. The failure of CATCHMODELS.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

20. VIOLATIONS

Please report any violations of the TOS to CATCHMODELS.com via email at info@CATCHMODELS.com