Terms of Service

Last Updated: December 30, 2024

1. Acceptance of Terms

Welcome to The Photographer and Model Network ("Platform," "we," "our," or "us"). By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Platform.

These Terms constitute a legally binding agreement between you and The Photographer and Model Network. We reserve the right to modify these Terms at any time, and your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old to use our Platform. By using our services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate, current, and complete

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or use of your account
  • Not share your account with others or allow others to access your account
  • Take responsibility for all activities conducted through your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or behavior that we deem harmful to the Platform or other users.

4. User Content and Conduct

4.1 Your Content

You retain ownership of all content you submit to the Platform, including profile information, photos, bios, and other materials ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating and promoting the Platform.

4.2 Content Standards

You agree that your User Content will not:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Contain false, misleading, or fraudulent information
  • Include offensive, defamatory, or discriminatory content
  • Contain explicit sexual content or nudity (unless professionally appropriate)
  • Promote violence, illegal activities, or harm to others
  • Include spam, advertising, or promotional content unrelated to your professional profile
  • Contain viruses, malware, or other harmful code

4.3 Prohibited Conduct

You agree not to:

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Harass, threaten, or intimidate other users
  • Use the Platform for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Interfere with or disrupt the Platform's operation or servers
  • Use automated systems (bots, scrapers) to access the Platform without permission
  • Collect or harvest personal information of other users
  • Create multiple accounts or fake accounts

5. Intellectual Property Rights

5.1 Platform Content

All content on the Platform, including but not limited to text, graphics, logos, images, software, and design elements (excluding User Content), is the property of The Photographer and Model Network or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the Platform without our express written permission.

5.3 Trademarks

"The Photographer and Model Network" and related logos are trademarks of our company. You may not use these trademarks without our prior written consent.

6. Professional Relationships and Transactions

6.1 Platform Role

The Platform serves as a directory and networking tool to connect creative professionals. We do not:

  • Act as an employer, agent, or representative of any user
  • Facilitate, manage, or oversee any business transactions or contracts between users
  • Guarantee the quality, safety, or legality of services provided by users
  • Verify the credentials, experience, or qualifications of users

6.2 User Responsibility

You are solely responsible for:

  • Evaluating and vetting other users before engaging in business relationships
  • Negotiating terms, contracts, and payment arrangements
  • Ensuring compliance with all applicable laws and regulations in your professional activities
  • Resolving any disputes that arise from your professional relationships

6.3 No Liability for User Interactions

We are not liable for any disputes, damages, or losses arising from interactions or transactions between users. You release us from any claims related to such interactions.

7. Profile Approval and Moderation

We reserve the right to review, approve, reject, or remove any profile or User Content at our sole discretion. Profiles may be subject to approval before becoming publicly visible. We may reject or remove profiles that:

  • Violate these Terms or our content standards
  • Contain inappropriate, offensive, or misleading content
  • Do not meet our quality or authenticity standards
  • Are reported by other users for violations

We are not obligated to provide reasons for profile rejection or removal, though we may do so at our discretion.

8. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

Please note that profile information you choose to make public will be visible to other users and visitors of the Platform. You are responsible for determining what information you wish to share publicly.

9. Disclaimers and Limitations of Liability

9.1 "As Is" Basis

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee of Results

We do not guarantee that:

  • The Platform will meet your specific needs or expectations
  • You will obtain any particular results from using the Platform
  • The Platform will be uninterrupted, secure, or error-free
  • Any errors or defects will be corrected
  • The information provided by other users is accurate or reliable

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Photographer and Model Network, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your professional activities or relationships formed through the Platform

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally. Please send your concerns to [email protected].

11.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

11.3 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Platform shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

12. Termination

You may terminate your account at any time by using the account deletion feature in your profile settings. Upon termination:

  • Your access to the Platform will be immediately revoked
  • Your profile will be removed from public view
  • Depending on your choice, your data will either be retained for marketing purposes or permanently deleted

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Photographer and Model Network regarding your use of the Platform and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

The Photographer and Model Network

Email: [email protected]

Address: [Your Business Address]