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Terms & Conditions
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1. The employer
2. Services
3. The client
4. Compensations, costs, currency, payment procedure
5. Payment execution
6. ?he beginning, term, cancellation, agreements
7. Privacy Policy
8. The duties of the client
9. Pics.la
10. Authority to dispose, transfer copyrights
11. The responsibility of the employer
12. Rights on intellectual property
13. Changes of the general terms and conditions, partial invalidity
14. The original text
15. Jurisdiction, applicable law
These terms and conditions are valid for use and presentation of claims to all services and the products offered by
www.topmodel.info
. If you want to use this platform you should read the following terms and conditions and to agree with them.
1. The employer
Topmodel (International) Ltd. (further the Employer) with a site in Bern / Liebefeld CH-3097 is engaged in this web-site.
2. Services
The Employer renders services, with help of which one uploads photos to the Internet which can be offered to the third parties, whether in the form of data carrier or by downloading from the Internet. At the same time agencies, agents and photo models can conclude contracts with the third parties. The employer provides all necessary software, however does not operate as the intermediary himself. With upload of photo material copyrights are transferred to the Employer.
3. The client
According to these terms and conditions with the first application of a user password the client enters contractual relationships with the employer. Clients are subdivided into the following categories:
a) ?opmodels (natural persons) - are clients, who upload photos and represent themselves.
b) Local Representatives (natural or juridical persons) - are clients who upload photos of the third parties who have delegated them beforehand the authority for it.
c) Agents or agencies (natural or juridical persons) - are clients who in addition to b) have the right to be photo models' intermediaries within the country or abroad, and therefore their activity is limited by the law of those countries where they own such right. Hereby agents or agencies confirm, that they have all official sanctions in the contractual countries. When granted the authority from the third parties or on their behalf agents and agencies can carry out uploading their photos, provide representation and intermediary services, and also conclude contracts for them.
d) Persons or organizations providing services (natural or juridical persons) - are clients who offer their services, for example photographers, fashion designers, visagists, hairdressers, etc. to other clients or concluding corresponding contracts with customers.
e) Users are clients (natural or juridical persons) who purchase pictures through www.topmodel.info.
f) Customers (natural or juridical persons) are clients who conclude contracts with topmodels, agents or agencies, as well as with other clients.
g) Hereby the clients who are under 18 declare that one of the parents has given his permission to their entering the specified contractual relationships with the employer. As a proof minor clients should upload or present a copy of their own passport as well as a copy of the passport of the parent who has given the permission and to inform his phone number. By this minor clients agree that the employer can check up the presence of parents' permission at any time by phone and/or in writing.
h) Representatives, agents, agencies and customers are obliged to confirm their authenticity. For that natural persons should upload or present a copy of their passport as well as declare the phone number to contact them. As to juridical persons their commercial manager should upload or present a copy of his passport, as well as declare his office phone number. Besides he should declare the bank account number and the tax number of the organization. In all cases the employer is competent to check up the above mentioned information and to demand the further documents, as for example the contract with photo models.
4. Compensations, costs, currency, payment procedure
Registration and upload are free of charge. Purchase of pictures is as a rule are chargeable,
see the table of costs
. Interest from this from of payment is received by those clients accordingly whose uploaded photo material has the certain interest rate, see the individual share table. The employer keeps the right to change size of taxes, prices, interest rates, categories and distribution by categories at any time. Clients are informed about these changes by e-mail accordingly. All prices are given in EURO. The employer keeps the right further to introduce currency and accordingly to delete currency at any time. All services are paid beforehand.
5. Payment execution
All the payments are made through payment system
www.frontwallet.com
. Hereby the client declares, that he has read the present terms and conditions see
www.frontwallet.com/terms&conditions.html
, understood them and agreed to them. The employer keeps the right to introduce further opportunities of payment and accordingly to delete existing at any time.
6. ?he beginning, term, cancellation, agreements
Contractual relations begin with first use of a client's password. The contract can be terminated at any time by any side, if there haven't been made other arrangements between the client and the employer. If neither contractual relations are terminated nor the client breaks any condition of use of this web-site the term is considered unlimited in time. The terms and conditions are valid for all agreements made between the employer and the client.
7. Privacy Policy
The employer can inform names and addresses of the clients to the third parties in case no opposite messages were received within 30 days. The data are kept according to the law.
8. The duties of the client
The client undertakes to inform the truthful data. He clearly agrees that the employer is competent to check up all the data informed by the client at any time and to demand any confirmations, including confirmations from the third parties. The client undertakes to keep his password in secret. The password cannot not consist of easily guessed combinations, such as phone number, date of a birth, car's number or name of the client. The client undertakes to take suitable measures to avoid punished use by the third parties, in particular by persons who are under his sphere of influence. The client undertakes to use services of web-page only with the legal purposes.
Upload of any photo material contradicting to the law or morals, in particular of racist, alien-hostile or pornographic character, is considered an infringement of the contract and authorizes the employer to demand compensation of the damage caused. The employer has the right (but is not obliged) to destroy corresponding data without the right of surrender. The client accounts that all images uploaded by him don't carry so-called viruses or similar threats.
The employer keeps the right to block access right away at the slightest suspicion of contradicting to the contract or of illegal use of web-page. If this blocking appears subsequently unreasonable, the client doesn't seek damages from the employer.
The client undertakes to inform the employer without delay of any access or use violations as well as of any known abuses of the third parties.
9. Pics.la
In case the employer considers the photographic material unsuitable for
www.topmodel.info
, he is authorized by the client to publish this photographic material without inquiry at the site www.pics.la. The present terms and conditions are valid as well for
www.pics.la
and the participation of clients in turnover corresponds to that on
www.topmodel.info
.
10. Authority to dispose, transfer copyrights
All copyrights (including rights to duplication, use, publication, etc.) to photographic material uploaded by the client are transferred from the client to the employer in perpetuity (in accordance with contractual relations) without place restriction. The client must possess all rights to the images, as well as the essential rights to use and process (the rights to change, copying, etc.).
The client accounts that the images have neither juridical nor legal drawbacks and are not the property of the third parties, and that transfer of the rights to these images does not contradict neither to contractual provisions, nor provisions of the law or to any decree of civil authorities.
The client discharges the employer from all claims of the third parties concerning the transferred material which is considered as valid. In case of any damages whether direct or indirect caused to Topmodel (International) Ltd. due to claims of the third parties (as for instance indemnification, break in work, judicial or lawyer costs), these charges are assigned to the client. In case the claims of the third parties are considered valid, Topmodel (International) Ltd. is authorized to give it to the judge or to deposit it to another similar place until the claims are cleared up.
11. The responsibility of the employer
The employer looks after, that the accessibility of the web - page were as unlimited as possible. Thus the employer's damage liability is limited mainly to cases when the damage was caused by deliberate actions or through gross negligence. It includes also temporal data inaccessibility, data loss, data manipulation; incorrectness, incompleteness of the data, mistakes during their transfer and damage caused by viruses or similar threats. In all other circumstances when the employer doesn't carry the responsibility, the risk is entirely with the Client.
Possible disputes which can arise from legal relations between clients mutually and/or the third parties, have nothing in common with the employer. The client clearly relinquishes the right of refutation. Also ever made out by mistake and then followed payments are not returned. Hereby the employer excludes any responsibility in such cases.
12. Rights on intellectual property
All rights on the intellectual property, as for example rights on programs, services, technologies, design, software, technologies, marks, trading brands, inventions, etc., and also on all materials which mean the platform belong exclusively to the employer. The client is given only the right to use the platform's services under condition of observance of the general terms & conditions during the contracted period.
13. Changes of the general terms and conditions, partial invalidity
The employer keeps the right to make changes to the general terms and conditions at any time. According the client is notified of these changes by e-mail. If after this no cancellation of the contract follows within 30 days, these changes are considered as accepted by the client. If one of positions of these terms and conditions appears void it is replaced with another, of whenever possible similar meaning. At the same time all other positions keep the force. The flaws requiring addition must be closed in such a way so that they as precisely as possible achieved the economic goal of the employer.
14. The original text
The general terms and conditions are composed in several languages. In case of legal disputes the German version is decisive.
15. Jurisdiction, applicable law
The exclusive jurisdiction is the seat of the employer, now Bern.
The client resigns the competent jurisdiction of his residence and accordingly of his location.
Exclusively Swiss right is valid.
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