This user agreement (“Agreement”) is a legally-binding contract that explains the terms under which you are able to use our web site, and any web or mobile services or applications (“Site”) we offer. Throughout this Agreement, you will be known as the “User” or “Users.” The reference to “you” or “yours,” as applicable, means the person that accesses, uses, and or participates on our website in any manner. Talents that are offering services through our platform will be referred to as “Talent” or “Talents.” Users that are posting jobs and searching for Talents are referred to as “Client” or “Clients.”
You understand that by using our website you are accepting this Agreement. If you do not accept this agreement in its entirety, you may not access or use our website. Once you accept this agreement on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this agreement.
We are an online platform that facilitates communication between Talents and Clients for talent services, allowing them to create online profiles used to buy and sell their services. We act as a venue for Talents and Clients to exchange information with the goal of eventually forming a business relationship. We do not guarantee that Clients will successfully find a Talent to his/her liking through the Site. Likewise, We act as a facilitator between the Client and the Talent. The Client is solely responsible for assessing the integrity, honesty, experience, capability and reliability of any Talent with whom Client may locate through the Site.
The Site is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. A user agrees that they are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.
3. Member Conduct
Users shall not upload, post, or distribute any content including text, images, information and videos, to any part of the Site including the profile, messages, quotes, or reviews, that misrepresent in any way the Talent or services provided by the Talent and/or the Client and the Job being posted by the Client. This includes, but is not limited to:
- misrepresentation of anything posted, including impersonation of another individual or entity or any false or inaccurate biographical information for any Talent or Client
- providing links to external sites that violate the Agreement
- invading anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge or consent
- falsehoods or misrepresentations that could damage our, our Users, or any third party
- is copyrighted, protected by trade secret or subject to a third-party’s proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the rightful owner to post and use these materials
- contains or promotes an illegal or unauthorized copy of another person’s work, such as a pirated computer program or links to those or any other item for copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate.
- is intended to threaten, stalk, defame, defraud, degrade, victimize or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, religion or to incite or encourage anyone else to do so
- advertises or solicits a business not related to or appropriate for the Site (as determined by our sole discretion). This includes anything that could be considered “junk mail,” “spam,” or unsolicited commercial advertising, advertising for Ponzi schemes, online surveys or contests, irrelevant content and/or commercial services or websites, except as allowed under our Agreement.
User may cancel their usage of their profile at anytime. We have the right to terminate, cancel, block, and/or restrict User’s usage of the Site at any time with or without cause. However, examples of reasons why we may terminate a User’s enrollment include but are not limited to a Talent’s attempt to circumvent booking through us, complaint(s) from other Users about a Talent or Client, Talent failing to provide services to Clients after a quote has been accepted and failing to abide by our rules and policies.
5. Rules for Talent
Profiles and offers as posted or advertised by Talent must not be fraudulent or in any way violate the Agreement. This includes but is not limited to listing or advertising services that are unrelated to the category in which they are listed, attempting to circumvent EC Model & Talent Agency fees and in any way violate the Agreement. Talents are able to use the Site to create opportunities to communicate with others through social media groups, forums and afford the ability to apply for jobs through our Job Board. Should EC Model & Talent Agency ever decide to implement any membership fees, the cost of the memberships will be at the sole discretion of EC Model & Talent Agency, and may change at any time.
The inclusion of any Talent on this Site does not imply an endorsement of any Talent or the services provided by this Talent. We make no representation regarding any Talent’s qualifications, nor does it sanction any statement that a Talent may post on or off the Site or communicate to the Client. We do not legally screen any of the Talents using the Site. Users acknowledge that we are not liable for any dispute, claim, controversy or lawsuit that Talents and Clients may have against each other arising from the use of our Website.
Users acknowledges that there is no charge or fee to use our platform. Users acknowledge that we are not responsible for any harm that using the Site may cause. User unconditionally and absolutely agrees to indemnify and hold us fully harmless from any and all liability arising from or in connection with the contents or use of the Site. User further agrees that the defense and indemnity shall include without limitation attorney’s fees and costs.
We may change the Agreement at any time. We further reserve the right to discontinue the Site without notice. Users agree that we shall not be liable to User or any third party for any modification or discontinuance of the Site. User acknowledges and agrees that any termination of Site may be without prior notice, and agrees that we may immediately delete data and files in the User’s account and bar any further access to the files.
User expressly agrees that the use of the Site is at User’s own risk. The Site is provided on an “as-is” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We make no warranty that the Service will meet User’s requirements, that the Service will be uninterrupted, timely, secure or error-free. Furthermore, We do not warranty the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that defects in the program will be corrected. We make no warranty regarding any goods or services purchased or information obtained through the Site, or any transaction entered through the Service. No advice or information, whether oral or written, obtained by User from us shall create any warranty not expressly stated herein.
We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Site, including but not limited to any damage caused by Talent in dealing with Client. Furthermore, User agrees that we shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to, direct, indirect, incidental, special or consequential damages, whether such interruption, suspension or termination was justified or not, negligent or intentional.
Any claims or disputes arising out of this Agreement, including any claims for violation of the terms of the Agreement, shall be resolved under the laws of the State of Florida and shall be subject to arbitration. The arbitration shall be conducted in the Orange County, State of Florida, and any court having jurisdiction thereof may enter judgment on the arbitration award.
If any term or provision of this Agreement is held to be invalid, illegal or unenforceable, in any respect as written, the parties intend for any arbitrator construing this Agreement to modify or limit such provision so as to render it valid and enforceable to the fullest extent allowable by law. Any provision not susceptible of such reformation shall be valid and enforced to the fullest extent of the law. Furthermore, the provisions of this Agreement are severable, meaning that if any part is found to be unenforceable or inoperable, then such provision will be deemed severed, and all other parts will remain fully valid and enforceable.