GMA Models Mobile App and Website Terms of Service

Legal Agreement

By (a) clicking https://www.globalmodelagency.com/ and/or (b) accessing and/or using the GMA Models mobile app and website, you are entering into a legally binding agreement set forth by these terms of service (“Terms of Service”). If you do not agree to be bound by all of these Terms of Service, then do not (a) click https://www.globalmodelagency.com/ or (b) access and/or use the Our mobile app and website.

Overview

The GMA Models website have been made available by Global Business Agency, Inc. (“GBA”). Global Business Agency, Inc. has permitted GMA to use the GMA Models trademark in connection with the GMA Models mobile app and website. However, GMA is entirely responsible for the operation of the GMA Models mobile app and website. The GMA Models mobile app and website connects talent (e.g., models, photographers and stylists, who are represented or unrepresented) (“Talent”) with talent seekers (e.g., retail and fashion brands, casting directors, and TV, magazines and media agencies) (“Talent Seekers”). The Terms of Service apply to Talent, Talent Seekers and others who access the GMA Models mobile app and website (“Users”).

Services Provided

According to these Terms of Service, Talent is permitted, among other things, (a) to digitally upload and manage their portfolio content; (b) to apply for castings; (c) to upload their previous work in which they have the right and license to do so to other Talent and Talent Seekers; and (d) to get scouted by Talent Seekers. According to these Terms of Service, Talent Seekers are permitted, among other things, (a) to host a casting; (b) to browse and view previous work uploaded by the Talent; (c) to search Talent content using advanced filtering; and (d) to video chat to scout talent. The services provided to the Talent and Talent Seekers are collectively referred to herein as the “Services.”

Age Requirement

You agree that you meet the following minimum age requirement: (a) 13 years old if you are using and/or accessing the GMA Models mobile app and website in the United States; or (b) if any law, foreign or domestic, requires you must be older to use and/or access the Services, then the older age. Our Services and the GMA Models mobile app and website are not directed to persons under 13. If you become aware that you or somebody you know has provided us with personal information of individuals that are under 13, please contact us immediately. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate any such accounts created by children under 13.

Your Account

The GMA Models mobile app and website allows you to set up a user account. As between you and others, your user account belongs to you. With respect to your account, you agree to (a) select a strong and secure password; (b) maintain adequate and reasonable safeguards to keep your password secure and confidential; (c) not sell, transfer, license or assign your account; (d) create your accounts on your own behalf and not create accounts for anyone other than yourself unless you are an agent authorized to act on behalf of Talent in this fashion; and (e) not create accounts through any unauthorized means, such as, but not limited to, an automated device, script, bot spider, crawler or scraper. We may use your account information as set forth in the GMA Models Mobile App and Website Privacy Policy.

Accuracy

You represent and warrant that all information, content, photographs, videos, postings, work that you upload to the GMA Models mobile app and website at the time of registration and thereafter will be true, accurate, current and complete and you agree to update such content as necessary to maintain its truth and accuracy.

No Violation of Other Obligations

You represent that by registering, using and/or accessing the GMA Models mobile app and website and entering into this legally binding Terms of Service, such activities do not violate any obligations that you have with any third parties, Including, without limitation, any obligations that exist or arise between Talent and their Agencies (Including the situation where the Talent has contractual obligations with more than one Agency), and any obligations that exist or arise between talent seekers and talent. To the fullest extent permitted by law, GMA disclaims any responsibility or liability for any violation of such other obligations by you.

Talent Invites

As part of the Services, Talent is permitted to instruct the GMA Models mobile app and website to send a digital invite to bookers and agencies. You, as Talent, acknowledge that other talent may trigger the transmission of digital invitations to the same bookers and agencies. You, as Talent, represent and warrant that you will not use this feature to transmit illegitimate digital invites to bookers and agencies, such as spamming these entities, and You will only send digital invites in connection with the use of the Services. To the fullest extent permitted by law, GMA disclaims and disavows any responsibility or liability for any claims that any booker or agency may raise or assert associated with the transmission of digital invites sent on behalf of you.

Third-Party Casting

The Terms of Service are a legally binding agreement between you and GMA, and no other party. You acknowledge that certain third-party companies hosting castings that use and access the GMA Models mobile app and website may upload and/or post their own terms of service to the GMA Models mobile app and website. Any such terms of service in no way govern the use or access of the GMA Models mobile app and website by you, and such use and access is completely governed by the Terms of Service.

Interactions

You are solely responsible for your interaction with other users of the Services, whether online or offline (e.g., face to face meetings). You agree that GMA is not responsible or liable for the conduct of any User. GMA reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

Legal Purposes

You agree not to use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of and access to the Services.

Content

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, job listings, and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services. The Service may record the location of any device from which the Content is uploaded to the Service and You consent to Us transmitting, collecting and processing and use of Your Location Content.

Service Modifications

You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or the GMA Models mobile app and website.

Service Disruption

You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any GMA Models page or content is rendered or displayed in a user’s browser or device.

User Access Restrictions

You must not attempt to restrict another User from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Service.

Violations of Terms of Service

Violation of these Terms of Service may, in GMA’s sole discretion, result in termination of your GMA Models account. You understand and agree that GMA cannot and will not be responsible for the Content and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for GMA, we can stop providing all or part of the Services to you. Upon termination, all licenses and other rights granted to you in these Terms of Services will immediately cease. Included in these terms is that you may not solicit, or attempt to solicit, personal information from other Users.

Messages and Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, work, links and job postings. Content you post may be seen by other Talent and/or Talent Seekers. Where we have made settings available, we will honor the choices you make about who can see your Content. However, GMA disclaims any responsibility or liability for any claim or cause of action that may result from your posting of Content and who accesses such Content.

Content Blocking

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.

Third-Party Services or Features

There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Services. The Services may also Include third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. You expressly acknowledge and agree that GMA is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the Services are solely between you and the third party.

Third-Party Content

By using the Services, you may encounter content or information that might be inaccurate, Incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GMA does not and is not required to review this content. You agree that GMA is not responsible for any content of third-parties or for any damages as a result of your use of or reliance on it.

License to GMA

GMA does not claim ownership of any Content that you post on or through the Services. Notwithstanding, you hereby grant to GMA a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to display the Content that you post on or through the Services, subject to the Privacy Policy, available at http://www.globalmodelagency.com

Content Representations and Warranties

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Services; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, Including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Services in your jurisdiction.

GMA Content

The Services and the GMA Models mobile app and website contain content owned or licensed by GMA (“GMA Content”). GMA Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and GMA, GMA owns and retains all rights in the GMA Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices Incorporated in or accompanying the GMA. Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the GMA Content.

GMA Name and Logo

The GMA name and logo are trademarks of GMA Models, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GMA Models. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of GMA, and may not be copied, imitated or used, in whole or in part, without prior written permission from GMA.

Disruption in Services

We may change, suspend or end a Service, or change or modify the Services prospectively at our sole discretion. To the extent permitted by law, these changes may be effective upon notice provided to you. Although it is GMA’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

No Responsibility

You agree that GMA is not responsible for, and does not endorse any content posted or uploaded. GMA does not have any obligation to prescreen, monitor, edit, or remove any content. If your Content violates these Terms of Service or other laws or regulations, you may bear legal responsibility for the Content.

Privacy Policy

Except as otherwise described in the Privacy Policy, available at http://www.globalmodelagency.com, as between you and GMA, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with GMA is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place GMA in a position that is any different from the position held by members of the general public, Including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of GMA, and GMA will not be liable for any use or disclosure of any Content you provide.

NO WARRANTY

TO THE EXTENT ALLOWED UNDER THE LAW, GMA (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE SERVICES (INC..LUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW, GMA SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF GMA EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $100. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GMA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF GMA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at GMA’s request), indemnify and hold the GMA parties harmless from and against any claims, liabilities, damages, losses, and expenses, Including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (Including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, Including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, Including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by GMA in the defense of any claim. GMA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of GMA.

Dispute Resolution

You agree that the laws of New York, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Service. We both agree that all of these claims can only be litigated in the federal and state courts of New York County, New York, USA, and we each agree to personal jurisdiction in those courts.

Updated Terms

We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

General Terms

If a court with authority over these Terms of Service finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Service. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (Including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don’t act to enforce a breach of these terms of service, that does not mean that GMA has waived its right to enforce these Terms of Service. You may not assign or transfer these (or your membership or use of Services) to anyone without our consent. However, you agree that GMA may assign these Terms of Service to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to these Terms of Service.

Complaints Regarding Content

We respect the intellectual property of others. We require that Content be accurate and not in violation of the intellectual property rights or other rights of third parties. Use the contact information below to report any potential complaint regarding any such offenses.

Contact Information

We can be reached via email at [email protected].

Mobile Services

The App is accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with this agreement.

Derivative uses

You irrevocably grant GMA Models perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (Including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, Including by making, using, selling, offering for sale, importing, and promoting commercial products and services that Incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Content monitoring

We may remove, edit, block or monitor any Content or user accounts from the Service at any time, without notice. Content removed from the Service may continue to be stored by GMA Models, Including, without limitation, in order to comply with certain legal obligations.

Commercial Partners

Advertisers and our commercial partners may wish to make contact with Users regarding use of Content, or potential modelling opportunities for Users. In any such case they will be able to contact You via the Service but they will NOT be provided with your personal email address. Whether you wish to pursue any such enquiry will be up to You. You should consider carefully before disclosing any personal contact details as a response to any such enquiry. If you are under 18 years of age, we recommend you first discuss any proposed response with your parent or guardian.