Terms and Conditions Agreement 1. Welcome to PremierModels.com! PremierModels.com is a public access general purpose portfolio site for models and photographers. PremierModels.com provides a forum for display and communication on a professional level between models, photographers, agents, and affiliated companies. 2. You must be at least 13 years old to become a PremierModels.com member and/or use any PremierModels.com services. In addition, before you can become a PremierModels.com member and/or use the PremierModels.com Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or legal guardian. 3. 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 November 24, 2003. 4. PremierModels.com is not a Talent Agency. PremierModels.com does not represent you or its members as an agent, manager or otherwise. By joining PremierModels.com you are obtaining the right to post your online Portfolio on PremierModels.com and access various PremierModels.com member-only services. 5. By using any of PremierModels.com services, you agree to: provide true, accurate, current and complete information about yourself as prompted by the service's registration form and maintain and promptly update the registration data to keep it true, accurate, current and complete. PremierModels.com has the right to suspend or terminate your account if you violate the above or PremierModels.com has reason to believe that you have violated the above. 6. MEMBER PRIVACY: It is PremierModels.com policy to respect the privacy of its members. PremierModels.com will not monitor, edit, or disclose any personal information about you or your PremierModels.com account, including its contents, without your prior permission unless PremierModels.com has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of PremierModels.com; or 3) act to protect the interest of its members or others. PremierModels.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. However, you agree that PremierModels.com may access your account, including its contents, as stated above or to respond to service or technical issues, or any other reason deemed necessary by PremierModels.com officers. 7. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties, and shall therefore be the sole responsibility and liability of the poster. 8. As a member of PremierModels.com - you will receive regular email updates and will be contacted by other system members seeking to work with you, and you will receive occasional email from the PremierModels.com. We will also send you periodic reminders if parts of your account are not fully completed, such as your porfile has not been fully completed, or if you have not sent us photos so we can activate your account. These are reminder emails and not unsolicited emails. If you do not wish to receive these emails, please do not continue and sign up. Also, if you continue, you agree not to complain to your ISP (or ours) that we would be sending you these reminders due to you not completing the sign-up process. As part of the condition of using the site, you must inform us to remove your account so you do not get these reminders prior to complaining to your ISP so we can terminate your account. As new features or member programs and promotions are developed and launched you will be informed via the postings to the site and also by email. We endeavor to limit email contact as much as possible from the system administrators, however when email is sent and returned with an email bad address, we will attempt to locate a correct address from any linked web site, and failing that your portfolio will be disabled (if you discover your portfolio has been disabled because of bad contact information, please contact us with the correct information and we will re-activate your portfolio. 9. You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, 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 PremierModels.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of PremierModels.com services. PremierModels.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 PremierModels.com members or visitors do not necessarily represent those of PremierModels.com. 10. PremierModels.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, PremierModels.com, in its sole discretion, may terminate your account including accounts of paying members, 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 terms of services or for any other reason or lack thereof. PremierModels.com reserves the right to terminate any member account, whether paid or free, for any reason at any time, without needing to provide reason(s) to the member in and/or out of a court of law or any other form of legal or other type of gathering. Removal of membership typically is the result of a member complaint by other member(s), but is not limited to such reasons. It is the decision of PremierModels.com to admit/deny/cancel/remove membership to the website, and usage of the website implies your agreement to this decision. 11. PremierModels.com has a stated policy regarding the posting of sexually explicit images to its web pages. Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal (erections), or overt sexual positions (such as noticeably visable or spread genitalia). Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member portfolio. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and in gross violations may result in the removal of your portfolio. 12. The following is a non-exclusive list of actions and content that are prohibited on PremierModels.com 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 is not allowed. This also includes content that promotes illegal activity in any way. PremierModels.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 PremierModels.com 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 PremierModels.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 PremierModels.com and its affiliates; m) having multiple PremierModels.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 PremierModels.com home page or portfolio page to anyone or any commercial third party; o) using the PremierModels.com forums, email or any other means, except if explicitly authorized in writing by PremierModels.com, to contact PremierModels.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; p) taking any action which imposes an unreasonable or disproportionately large load on the PremierModels.com Web Site's infrastructure; q) if you have a password allowing access to a non-public area of the PremierModels.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; r) 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 PremierModels.com Web Site other than the search engine and search agents available from PremierModels.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or s) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the PremierModels.com Web Site. 13. CONTENT SUBMITTED TO PremierModels.com. PremierModels.com does not claim ownership of the Content you place on your PremierModels.com Portfolio or in other sections of the PremierModels.com Site. By submitting Content to PremierModels.com for inclusion on your PremierModels.com Portfolio or in other sections of the PremierModels.com Site, you grant PremierModels.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 PremierModels.com Portfolio and/or the PremierModels.com section your portfolio is listed in and/or your content on PremierModels.com Internet properties. This license exists for as long as you continue to be a PremierModels.com member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from PremierModels.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 PremierModels.com and its services will comply with this Terms of Service Agreement without violating the rights of others. 14. NO SPAM:DAMAGES PremierModels.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 PremierModels.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 PremierModels.com account, or PremierModels.com actual damages, whichever is greater. 15. 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. 16. INDEMNIFICATION You agree to indemnify and hold PremierModels.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 terms of services, or your violation of any rights of another. 17. ADVERTISEMENTS AND PROMOTIONS PremierModels.com runs advertisements and promotions on PremierModels.com sites. By creating your PremierModels.com site, you agree that PremierModels.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 PremierModels.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. 18. Some functions of PremierModels.com may not be immediately applicable due to users being new to the system. Continued use and/or incurring a paid membership will activate such features, such as voting for contests. 19. Personal Safety. All users are requested to use reasonable safety practices with other PremierModels.com users. This implies that if a user wishes to meet another user, the officers of PremierModels.com and their employees and/or partners, would not be held responsible for any negative action(s) as a result of such a meeting. The users of PremierModels.com are urged to request background checks from authorized law enforcement officers for talent agencies and/or photographers, to ensure safety of models and/or actors/actresses. Your usage of this system dictates that you can not hold PremierModels.com liable if you meet someone as a result of this system and they do harm to you. 20. CONTESTS. Conducting any "unfair" or "illegal" activities in the contests will result in possible removal and/or permanent/future restriction of use on PremierModels.com by one, many, or all participating parties. Unfair/Illegal activities include, but are not limited to, the following: creating duplicate accounts for the purpose of voting for a specific candidate, harrassing other members for the purpose of them voting for a candidate, conducting activities for/with/toward another user for the purpose of that user voting for the contest candidate, etc. Every possible illegal activity can not be listed and itemized here. This is a general guideline that all users must follow. If more detail is required, please contact the webmaster. 21. 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. PremierModels.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. PremierModels.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 PremierModels.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) PremierModels.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. PremierModels.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. 22. LIMITATION OF LIAIBILITY UNDER NO CIRCUMSTANCES SHALL PremierModels.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. PremierModels.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON PremierModels.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. PremierModels.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE PremierModels.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. PremierModels.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 PremierModels.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PremierModels.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 13 OR THE TERMINATION OF YOUR USE OF PremierModels.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF PremierModels.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. 23. TERM, TERMINATION AND CANCELLATION. The Term of your Membership begins on the date you register as a Member of PremierModels.com (i.e., the date your contact information (E-mail address, amiling address, name or billing information) is entered into the PremierModels.com database) and will continue until you cancel your Membership as set forth below, unless it is otherwise canceled by PremierModels.com pursuant to this Terms of Service Agreement. You can cancel your Membership at any time by delivering thirty (30) days notice to PremierModels.com com via E-mail sent to: Webmaster@PremierModels.com. You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with PremierModels.com. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreemet or PremierModels.com enforcement or application of this Terms of Service Agreemet; (ii) any policy or practice of PremierModels.com, including PremierModels.com Content Guidelines and the PremierModels.com Privacy Policy, or PremierModels.com enforcement or application of these policies; (iii) the content available on PremierModels.com or the Internet or any change in content provided through PremierModels.com; or (iv) your ability to access and/or use PremierModels.com and its services. 24. This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. By your usage of, or your posting to, this site constitutes your agreement to, but not limited to, the current conditions listed in this agreement.