Terms and conditions

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  1. How to use the website
  2. Clients’ consent
  3. About Models’ images
  4. Submit payments
  5. About the website
  6. Find a job
  7. Other legal things to consider

 

  1. HOW TO USE THE WEBSITE

Terms and conditions of use

The following terms may be used and are accepted to be used by any of the following: parent corporations, image model applications, its owners, affiliate websites, employees, agents and subsidiaries. The following terms are expressed by the reference such as the “Terms of use” according to which, clients’ access to the website will be governed, including affiliate websites and the mobile versions. It is governed exclusively by us and applies to image models and the content that is included on the website that cannot be used by anyone and other third parties without authorization by Emerans Agency.

Any potential client must rad the terms and conditions carefully before starting to use the website and view its content. By commencing to view and use Emerans Agency services, the terms and conditions are accepted automatically as well as it is agreed to be bound and abide the terms and conditions that are stated bellow. Privacy policy is one of the most important aspects of the terms and conditions and everything that can be found on the website. If any person does not agree with current terms and conditions as well as privacy policy, the content of the Emerans Agency website must not be viewed at all.

Terms of use changes

Any changes that are made to the current terms and conditions are made on ours sole discretion. Any changes that are made take effect immediately and it is up to the users to make sure that they get familiar with its content. Any dispute that is made with this regard can purely be made on the basis of the current Federal Law. A notice will have to be posted to Emerans Agency services.

When clients continue to use the services of Emerans Agency after changes are posted, it automatically means that such changes are accepted. Clients are aware of the changes that5 are made right from the moment it is made if the content of the website continued to be view and used.

Digital signature

When a person registers on Emerans Agency and creates an Account by clicking on the icon to accept the terms and conditions such terms are accepted electronically and take it effect right after the icon is pressed. The effect takes place on the exact day and time when terms and conditions are accepted and it is all made with accordance of U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Registering with the website and having an account with Emerans Agency means an individual is able and does receive prints of use of the terms and conditions as well as any amendments to it.

Intellectual property

The content that can be found on Emerans Agency website including its functionality, features, images, texts, displays, video, audio, design, information, software are exclusively owned by Emerans Agency. It is all protected by the US law copyright trademark, intellectual property, trade secrets and the property rights law.

Anything that can be found on the website cannot be reproduce, used in private performances, publically displayed, downloaded, republished, stored or transmitted anywhere else. It is all exclusively belongs to Emerans Agency, excepting the following:

  • Your PC or mobile device can temporary store some of the content due to Ram problems.
  • Some files can be stored temporary that are cached automatically for pure display purpose.
  • Content may be printed and used as well as being downloaded if it is used for personal purposes and non-commercial use.
  • If the content is provided for social media network, it can be viewed and used for private purposes only.

Users cannot do the following:

  • Make any copies and modify the content of Emerans Agency
  • Make any reproduction, public performances and displays, make any divertive works with the content that belongs to Emerans Agency as well as licensed in the US It applies to everything that can be found on the agency’s website and protected by the Federal law.
  • Altering and deleting any copyright and trademarks are prohibited and copies cannot be made at any time and with regards to any content that belongs to Emerans Agency and its employees and partners.
  • If a copy of anything from the content of the website is made as well as modification or download is carried out or any other third party is authorized to use the content of Emerans Agency via use of existing client’s account and breaching terms and conditions of use of the website, the right of using the agency’s website will be ceased immediately and will take effect right at the moment breaches of the terms and conditions take place. The rights of having the title or interest of use are not given to any individual who uses the website.

Users who are not allowed to use the website

Users may use the website only with the lawful purpose and right in accordance with use of the website. Emerans Agency services cannot be used on conditions:

  • If any actions breaches and violates Federal, State, local and international law, breaching the agency’s policy and the terms of use.
  • If any action may cause harm, cause exploitation or making an attempt of exploitation of minors, making exposure of inappropriate content.
  • Execute any action such as sending, downloading, uploading, posting, distributing etc. the content that contradicts the terms and conditions of using Emerans Agency
  • Causing any harm to communication and constant work of the website that belongs to Emerans Agency.
  • Making disruptions, sending transmissions, posting letters, photos, pyramid schemes and doing other things that may be inappropriate and cause any disruptions to the website.
  • Use the images of models in inappropriate way that contradicts current terms and conditions as well as the US law.
  • A person who is engaged or conducts the actions that may restrict and inhibit the pleasure of using Emerans Agency
  • An individual who makes any attempt to manipulate the price r to interfere in any way with models’ and users’ listings.
  • If legal contacts cannot be made (e.g. a person has not reached 18 years old)
  • If use of the website is commercial.

At the same time, users are obliged to be committed not to do the following:

  • Use the website services that may cause some harm, impair Emerans Agency services, make any damage, make interference with any party or to be engage in any type of activities with participating parties that breach current terms and conditions.
  • A user transfers its current account to someone else.
  • Failing to make payments for the services that are booked.
  • Collecting information about Emerans Agency services and its models without their consent.
  • Using any bot, spy, robot programs that breach the Federal law of the US and may cause any harm or damage to Emerans Agency services and its website.
  • Making copies of the content either manually or automatically without informing the holders of the legal rights.
  • Use bot programs, software, devices that may interfere in any way with using of Emerans Agency
  • An individual or any type of body who sends viruses and Trojan programs.
  • Using the website otherwise than stated in the terms and conditions and getting unauthorized access that may be harmful, damaging and disturbing for Emerans Agency
  • Anyone who causes denial-of-service attack.
  • Anyone who may cause disproportionally large load to the website and its infrastructure.
  • Anyone who makes export and re-export of the content of Emerans Agency
  • Circumvent any types of measures that are used on the agency’s website.
  • Anyone who makes any type of services utilization and utilization of the content at Emerans Agency
  • Any individual who interferes in any way and casing damage to decent working and functioning of the agency’s services.

Contribution of users

Emerans Agency services also contains personal and video streams, chat rooms and message facilities boards. There are video conferences, reviewing features, forums, blogs and texts as well as many other interactive features. The features allow users to post, transmit, display (hereinafter stated as “Post”) the content material (hereinafter stated as “User contribution”) on Emerans Agency services website. It also includes listing of featured information and service sales.

Everything that is contributed by the users must comply with the use of terms and conditions of the services for any Post or User contribution.

Any Post that is made on the website is not regarded as confidential and does not carry out any property with it. By making User Contribution Emerans Agency services grant users the exclusive rights to post legal information that does not harms anyone and causes any damage and does  not contradicts any current Federal law. Anything that is posted grants Emerans Agency services exclusive rights to use it.

Users represent and provide the warrant for the following:

  • Users owns and controls rights of what is posted, holds the license for anything that is posted and grant the rights to publish anything that is posted to Emerans Agency
  • User Contributions must comply with the terms and conditions of use of Emerans Agency
  • Users understand and admit that Users Contributions are made purely with total responsibility of these who post the content in terms of illegality, accuracy, copyright, appropriateness, privacy law etc.
  • Emerans Agency services are not responsible for any third party actions and User Contributions posted at Emerans Agency

Carrying out monitoring, applying reinforcement and making termination of the account

Emerans Agency services are allowed to do the following without making the refund:

  • Any Post or User Contribution may be refused on the Emerans Agency services discretion.
  • Emerans Agency services may use any action that is necessary at its own discretion including if User Contribution or post violates current term and conditions and content standards. Violate intellectual and property rights as well as privacy and copyright law, causes safety or harm to images of models and their reputation.
  • The identity of the user may me disclosed at any time if any of the above mentioned wrongdoing actions took place.
  • The account can be suspended, halted or deleted and refund may not be made for the services paid if any wrongdoing and unlawful action took place.
  • Appropriate legal actions can be taken for any wrong doing and unauthorized use of Emerans Agency
  • If terms and conditions are violated access to Emerans Agency services can be suspended or prohibited.
  • If fees are not paid Emerans Agency services can be suspended or prohibited.
  • Emerans Agency services may cooperate with any law enforcement authorities for any unlawful actions or wrongdoing including posting materials on Emerans Agency services website. YOU WAIVE AND HOLD HARMLESS IMAGEMODEL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  • The agency and the website administrators do not take any actions of moderation for posted content and any wrongful material may not be removed immediately. Emerans Agency services have the liability and committed to enforce the liability in the most appropriate way at its discretion and in accordance with current law.

Compliance with the standards of website content

The content standards apply to any person who uses the website including posting, making User Contribution providing electronic communications, making download and typing text etc. Without making any limitations, User Contribution must never:

  • Post any material that may be regarded as abusive, harming, unlawful, offensive, hateful, harassing, defamatory etc.
  • Carrying out any promotions and advertising content especially for alcohol, tobacco products and drugs as well as any adverts of any type for any products and services.
  • Promotion of any sexual content, sexual and erotic websites pornography and links to any other websites with similar content as well as gender, and models’ identity, age, images.
  • Infringe copyright contents, trademarks, secrets, know-how, copyright and intellectual property.
  • Violation of legal and human rights, especially that is concerned with privacy and publicity of any person and content that violates civil and criminal law, use of material that does not comply with terms and conditions of Emerans Agency
  • Deceive any individual.
  • Promotion of illegal actions and activities, breach the law.
  • Causes destruction and annoyance.
  • Making misrepresentation and impersonates any other person or other humans identity.
  • Have any commercial activities and advertising actions.
  • If posted content may make impressions that it has been posted by Emerans Agency

Marketplace changes implementation

The functionality of Emerans Agency website as well as content and services may be updated frequently, so the service is regarded to be “As it is” and may not always be up-to-date too. If any content becomes dated, users understand that this is not breach of terms and conditions by Emerans Agency services.

Website and mobile application links

If Emerans Agency website or its mobile version has any links to affiliate or third party websites, advertisements and makes transfers to other websites, Emerans Agency services does not carry out any responsibility for this matter. Banner advertisement and sponsor links are made automatically and Emerans Agency services do not have any control over it. Deciding whether to access other websites is done purely on users’ discretion.

  1. CONSENT

Using electronic records

When connection to Emerans Agency services is established there could be some electronic content that is offered to users such as models’ voices and affiliate contacts etc. Users accept, agree and give Emerans Agency services permission to provide electronic record.

Users consent and rights to withdraw the consent

Once the account s registered and terms and conditions are accepted users give permission to receive electronic consent via the website or email. Emerans Agency services also allowed to use the US postal services to provide its clients with news and promotions at any time. Other third parties services may also be used. If users withdraw from the consent of receiving electronic as well as physical letters and information leaflets, the account may be terminated at any time on Emerans Agency services consent. However, if notice is given to the customer services in written form, termination of the account can be avoided.

Keep users contact details updated

Users agree and accept to keep contact details up to date at all times. Emerans Agency services will need to contact its client in written form via the US postal services and electronically, so users agree to notify the agency of any changes immediately.

Privacy

The privacy policy is an important part of terms and conditions of use.  It regulates, restricts and protects all parties who work together including Emerans Agency services, models, affiliates and clients. It regulates the behavior and posted content. All information, which is submitted on the website is protected by the Federal law and may not be passed to third parties or can be exposed publically. Emerans Agency services have the right to pass private information of users to anyone when it is not restricted by the law. Models who post their images on the website and provide their information are protected by privacy policy and privacy law as the content of provided information may not be passed to anyone and it is not allowed to be published anywhere.

Advertising policy

The content that is posted by users of the website including User Contribution can be promoted on third party websites and affiliate websites. The right to retain User Contribution content is accepted by users and may be advertised in other places and can be features in social media, adverts, texts, articles, prints, case studies, TV channels, marketing channels, business resources etc.

  1. ABOUT EMERANDS AGENCY

Emerans Agency services are an online resource that allows models to advertise themselves in order to participate in VIP events and explore opportunities in modeling business. Clients have an opportunity to book paid gigs and be assisted in the top venues worldwide at any time by models who advertise their services on Emerans Agency website.

The agency vies every potential client carefully and selects models through audition to make sure that they comply with the standards that are set by the Emerans Agency services. The service ensures legality, punctuality, quality and additional services including concierge services. The services are the deals that are sealed between models and a client. The services also include the rating, which is given to the clients, so that models are able to understand to see who they are, how they behave, responsibility, punctuality, integrity. The references about the clients may also be placed on the open forum.

Clients are allowed to state their own preferences and state the jobs that are needed to be performed by the models. It all has to be lawful and not harassing. Models will be notified of the requests and clients may choose any model that is committed to the services. If a client wishes to choose a model that is not available, there could be some criteria of discussion that can lead to the matching point, which will suite all parties, Afterwards, a client pays the fee, Emerans Agency services will credit the model’s account with the money.

Geographic restrictions

Emerans Agency services are based in New York in the US. The services are provided in the city as well as in all other cities and towns in the country. Travel abroad is possible at additional costs. There are countries and areas where Emerans Agency services will never send their models as well as some individuals who will never be allowed to use the services due to their behavior. On most of the occasions models may travel anywhere at additional fee as well as clients will have to be patient before a model reaches the final destination. Travelling and services provided must comply with local law.

  1. PAYMENTS

All payments are made in advance and may include additional costs if travel and additional services are involved. Payments are processed via third party merchant services hence clients must keep the track of all payments that have been made. Payments are totally secured and approved as well as carried out by the highest ranking banks. Emerans Agency services are not responsible for recklessness and inaccurate records of payments made by the clients. Any disputes may be carried out in accordance with Federal law via operating bank. By making utilization of payments terms and conditions of such payments are accepted.