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Contract of granting of rights and agencing Nr. 200410-000087CA

between

(client)

........

........

(hereafter: client)

and

Topmodel (International) GmbH
Künizstrasse 161
CH-3097 Bern-Liebefeld
(hereafter: TOP)

and

SUCCESS AGËNCIA ARTÏSTICA VIRTUAL INTERNACIONAL LTDA
Rua Dr Homem de Melo, 644, cj 11
05007-001 São Paulo - SP, Brasil
(hereafter: SUCCESS)


  1. Subject
    This contract regulates the granting of rights from the client to TOP. The client also has the possibility of entrusting SUCCESS with his/her agencing.


  2. Grant of rights for the materials of which the upload was made through Top or www.topmodel.info
    At first, the client only provides TOP with photographic material over which TOP becomes the exclusive copyright owner.
    If the client provides TOP with photographic material over which TOP has only non-exclusive rights of use (in this case, the client receives 10% from the sales), he/she must formally inform TOP by adding up to corresponding photographic material the caption "non-exclusive", or when uploading through the website, confirm that the "non-exclusive" box is selected before such materials are uploaded.
    The client acknowledges, by providing the materials or by uploading them through the website, that:

    • he/she grants TOP with all the rights (among other rights of use, copyright and of publication), as soon as they are transferable, and with no limitation regarding place and period of use. This is an exclusive and unrestricted grant, unless something different is informed (as described above)
    • he/she is entirely authorized to make available the corresponding rights of use and editing (right to make changes, copy, etc.)
    • these photographic materials are free from any legal matters or that any third party may have rights over them
    • these materials do not violate any contractual, legal or official deliberation
    • there is not nor there will be any contract established with any third party with similar content (this is not valid for non-exclusive rights, as described above)


  3. General grant of rights
    Complementarily to the 2nd paragraph, the client establishes with TOP an additional agreement to the general grant of rights. Through this, the client grants TOP with full and universal rights (among other, rights of use, reproduction and publication), as soon as they are transferable, over all the material originated from those materials protected by copyrights from the validity date of this additional agreement. To the preexistent materials and protected by rights apply the deliberations described in the 2nd paragraph. This is an exclusive grant of rights from the client to TOP, geographically defined, during the validity of this contract. After the expiration of the contract, this exclusive right remains valid for the materials produced by TOP or by SUCCESS and/or that during the contract time were sold with exclusivity to third parties and/or originated of works ordered contractually through www.topmodel.info or through SUCCESS. To the other materials, after the contract expiration, devolve non-exclusive and unlimited geographically and timely rights.
    The client defines the region in which this additional agreement will be valid, as it follows:

    • worldwide, however TOP grants the client, after the signature of the contract, a non-exclusive license of use limited to the country he/she lives. To the materials produced by TOP or by SUCCESS and/or originated of works ordered contractually through www.topmodel.info or through SUCCESS, no license of use will be granted to the client. These materials cannot be used by the client even in the country he/she lives in after the signature of this contract
    • worldwide with no restriction to TOP ( + 5% participation in sales according to the rate by download)

    The client establishes an additional agreement which may have the following durations:

    • undefined, revocable at the end of the work
    • 1 year (+ 2% participation in his/her own transactions conditioned to the downloads)
    • 2 years ( + 5% participation in his/her own transactions conditioned to the downloads)
    • 3 years (+ 10% participation in his/her own transactions conditioned to the downloads)

    The possibility of rescission is open due to important reasons. Of the clients transactions not conditioned to the downloads and made through TOP, SUCCESS or www.topmodel.info, TOP has the right to retain 10%.


  4. Agencing contract
    Complementarily to the 2nd and 3rd paragraphs, the client assigns SUCCESS www.success.com.br to establish contracts with agencies worldwide on his/her behalf. The contracts are always sent to the client, before being signed, so that the client can express his/her opinions. Other than that, the client may establish contracts with other agencies; however, without SUCCESS' written consent, he/she can not sign any exclusivity agreement. Besides that, the client commits to be present at SUCCESS, at least once a year, in order to update his/her book.The resultant costs from this update (for instance, photographer, photographic material) are of SUCCESS's responsibility; however, the client is not entitled to any fee, therefore he/she has to be responsible for his/her own expenses, which might come from that. The client has 75% participation on his/her own transactions, not including TOP's fees. The charging is made through TOP.
    The client establishes, then:

    • an agencing contract with SUCCESS, which is non-exclusive and valid worldwide
    • an agencing contract with SUCCESS which, to the exception of the client's residence country, after it is signed, is exclusive and valid worldwide. In the client's residence country, the agencing contract established with SUCCESS is non-exclusive (+5%)
    • an agencing contract with SUCCESS, which is exclusive and valid worldwide (+7%)

    It is also agreed the following period for the rescission of the contract:

    • indefinite, revocable at the end of the work
    • 1 year (+2%)
    • 2 years (+5%)
    • 3 years (+10%)

    The possibility of rescission remains open due to important reasons.


  5. Liability exemption
    The client is responsible for letting TOP and SUCCESS free from any obligations with third parties concerning the delivered material. In case of direct or indirect damages caused to TOP and/or SUCCESS due to such obligations with third parties (for instance, indemnity, interruption of business, judicial costs and/or lawyers' fees), these damages are a responsibility of the client. In case any obligation with third parties shall arise, TOP and/or SUCCESS are authorized to retain the respective material and/or submit it to a judge or equivalent place until all the matters concerning the rights have been clarified.


  6. Participation and costs
    The client certifies that he/she agrees with the conditions, prices and his/her participation on the web pages www.topmodel.info/P.aspx/Terms, www.topmodel.info/Pricing.aspx, www.topmodel.info/Umsatzbeteiligung


  7. Administrative regions and applicable laws
    Regarding the agencing agreement in the 4th paragraph, it is established as exclusive administrative region the city where SUCCESS' main office is presently located, in São Paulo, Brazil. And, for so, the Brazilian laws are formally valid. Regarding further deliberations, it is established as exclusive administrative region the city where TOP's main office is presently located, in Berna, Switzerland. And, for so, the Swiss laws are formally valid www.admin.ch. The client therefore abdicates the administrative region from where he/she lives. The use of the market laws established by the United Nations is, therefore, formally discarded.


  8. Terms and general conditions
    For the matters this contract does not regulate, it is valid the terms and general conditions www.topmodel.info/P.aspx/Terms. In case the terms and general conditions do not contain any deliberation regarding that, the legal deliberations are complementarily valid.
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