Terms and conditions

Definitions

’User’ means yourself as an individual or entity registered with the Company. ‘Member’ means anyone registered with the Company. ‘Agency’ means a registered modeling or talent agency that procures Users for Projects ’Client’ means any third party individual, partnership, company or other organization or entity which registers with the Company with a view to procuring the services of the User in respect of a Job. ’Job’ means any services requested by a Client in connection with any form of advertising, entertainment, leisure, marketing or public relations activities that it is proposed that the User undertakes ‘Project’ means an instanced job group created by a Member using the website’s Projects feature. ’Company’ means Model Society Asia Co., Ltd or www.modelsocietyasia.com 'Content' means any data, information or material uploaded to modelsocietyasia.com ’Fees’ means the sums due to you from a Client in respect of a Job. ’Models’ means any fashion model who is a registered member of www.modelsocietyasia.com ’Online Publication’ means the system whereby images of the Models and relevant information is placed on a digital publication/magazine operated by the Company for the benefit of Users, Clients and Agencies whereby the public have access to such Users’ images and relevant information with a view to procuring Users for Jobs.

Accounts and Membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User Obligations and Acknowledgments

The User shall not without the consent in writing of a duly authorized representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all of which information is to be regarded by the User as of a strictly confidential nature. The User shall whenever carrying out a Project do so to the best of his/her skill and ability and shall act at all times in a professional and courteous manner towards other Users, Clients and Agencies. The User portfolio should be updated on a regular basis, to ensure that clients are viewing accurate images of how the model looks. The Company cannot be held responsible should a client choose to not hire the User, due to their images being inaccurate or of a poor standard. The Company is not an agency, and has no obligation to ensure the User's success outside of the services already provided. The User hereby acknowledges that he/she is not in a position to guarantee that any Projects will be secured, nor does the Model expect the Company to so guarantee and the User hereby confirms that no representations have been made to him/her by the Company which have given such a guarantee. The User is responsible for reporting any malicious activity towards him or her, other users, clients and agencies, or any activity that violates our Terms of Service and policies. The User is responsible for the pictures uploaded to his/her profile and to ensure that each photograph or video is uploaded with permission from their respective owners, and that they do not violate any of our Terms of Service and policies.

Client Obligations and Acknowledgments

The Client shall not without the consent in writing of a duly authorized representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all of which information is to be regarded by the Model as of a strictly confidential nature. The Client shall treat registered members courteously and with respect, and acknowledge that procurement of a member for a job should result in prompt payment of fees. The Client shall ensure that representation of Clients’ organization is up to date, accurate and transparent. The Client acknowledges that failure to uphold Terms of Service or policies pertaining to payment of fees to procured Members, will be investigated. The Client is responsible for reporting any malicious activity towards him or her, other users, clients and agencies, or any activity that violates our Terms of Service and policies.

Agency Obligations and Acknowledgments

The Agency shall not without the consent in writing of a duly authorized representative of the Company expose, reveal or make public any information in connection with the business of the Company or these Terms and Conditions, all of which information is to be regarded by the Model as of a strictly confidential nature. The Agency acknowledges that any User it procures for their organization is legally registered as per the local employment laws of country which the model is hired. The Agency shall ensure that representation of it’s Users comply with local laws, and do not violate any human rights and/or immigration policies. The Agency acknowledges that failure to uphold Terms of Service or policies pertaining to payment of fees from Clients will be investigated. The Agency is responsible for reporting any malicious activity towards it or it’s registered Users, other users, clients and agencies, or any activity that violates our Terms of Service and policies.

User Content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.( See Sensitive Media) Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

User Safety and Liability

The Company will actively ensure that the relevant information and guides regarding user safety will be displayed and updated periodically. However, we do not take responsibility for Member actions or actions taken upon Members. In such a case, we will investigate and notify the relevant authorities if and when necessary, in the following cases,

• Physical abuse of a Member by another Member.
• Sexual misconduct by a Member.
• Misappropriation of content by another Member.

We are not however, obligated to investigate the following possible misconducts. Any contracts made between Members are considered private, and no longer within our jurisdiction. Such instances of misconduct may include, but not limited to,

• False advertising regarding budgets within the Projects and Services functions.
• Failure to pay Members the Fees they were owed
• Failure to deliver services as advertised

Model Society Asia Co., Ltd will consider special cases, based on the availability of evidence to prove misconduct, such as the following, but not limited to,

• Proof of receipt
• Photographic or video evidence
• Unaltered screenshots of chat logs

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Sensitive Media

Thailand’s Lese Majeste Law

In Thailand, lese majeste is criminalized by Section 112 of the Thai Criminal Code. It is illegal to defame, insult, or threaten the king, queen, heir-apparent, or regent. Such content will be removed and the user will be reported to the relevant authorities.

Graphic Violence

The following content falls under this category, and not limited to,

• Physical abuse
• Physical fights
• Animal mutilation
• Child abuse or pedophilia
• Domestic abuse
• Violent crimes or accidents
• Other content of a disturbing nature
• Any depictions of graphic violence will not be tolerated, and both Content and Member will be permanently removed from our website, and may or may not be notified to the authorities.

Adult Content and Nudity

Nudity is allowed, as long as it is within the Member’s artistic domain. Pornography, or any consensual and/or non-consensual imagery and/or video, including, but not limited to,

• Acts of a sexual nature without artistic merit (excluding certain cases of bondage and sadism and masochism)
• Sexual intercourse, real or animated
• Sexually explicit images or videos that are illegal or offensive, are prohibited, and both Content and Member will be permanently removed from our website, and may or may not be notified to the authorities.

Hateful Content

Any Content that has the intention to promote hostility against people on the base of race, religion, disability, sexual orientation, gender/gender identity, or ethnicity will be removed and further action will be taken against the Member, including, but not limited to a permanent ban or legal action.

Projects

You are solely responsible for the contents of a Project upon creation, and hereby agree to the terms set by the Company. Projects are designed for work engagements pertaining to the nature of Model Society Asia Co., Ltd and www.modelsocietyasia.com. Unauthorized use of our Project features, including the chat functions and profile Content to share illicit, illegal and/or pornographic content as explained under the section titled Sensitive Media, will not be tolerated and upon discovery through User reports, violators will be banned from the website and may or may not be reported to the authorities.

Services

Members must ensure the accuracy of information when offering Services. Services not designated by the Company should not be provided, and such reports will be investigated and further action may or may not be taken against the user. Such services include, but are not limited to,

• Prostitution
• Selling products
• Selling unrelated services
• Selling services of a sexual or illegal nature

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Model Society Asia Co., Ltd. with respect to such other services. Model Society Asia Co., Ltd. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Model Society Asia Co., Ltd. to disclose your data as necessary to facilitate the use or enablement of such other service.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Model Society Asia Co., Ltd. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of our Website or Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Model Society Asia Co., Ltd., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Thailand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Thailand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Thailand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

This document was last updated on July 14, 2020