Model Mayhem Supplemental Terms

1. Listing Service and Casting Call Submission

1.1.The Model Mayhem Listing Service. We provide an online listing service. We are not a talent agency. You acknowledge and agree that Model Mayhem (a) is not an employment agent, casting agent, talent agent, manager, or producer; (b) does not procure, attempt to procure, gain, or retain employment, engagements, employment opportunities, auditions, bookings, or castings; (c) does not represent or manage its Members’ or users’ careers; and (d) does not guarantee employment, audition, or income from the use of the Model Mayhem Services.

1.2.Casting Call Submission. Members may be required to pay a one-time, non-refundable processing fee to submit casting calls through the Model Mayhem Services. You acknowledge and agree that the fee is a processing fee for such submission and is not a fee for procuring or attempting to procure employment on your behalf. You acknowledge and agree that Model Mayhem is not involved in the decision-making process for your casting call submission. You further acknowledge and agree that Model Mayhem, in its sole discretion, may remove casting call submissions that are inaccurate, offensive, indecent, objectionable, contain errors or omissions, or violate our TOU, these Supplemental Terms of Use, and/or our Site Rules. You further acknowledge and agree that you are not entitled to a refund Model Mayhem removes your casting call submission in accordance with this Section.

2. What We Own

Model Mayhem (and its successors or assigns, or its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the software, applications, content (such as text, informational text, images, and templates; but excluding Member Content as defined below), documentation, design, layout, and other materials that Model Mayhem makes available on or through the Model Mayhem Services (collectively, the “Site Content”). The trademarks, trade names, service names, and logos associated with the Model Mayhem Services (collectively, “Model Mayhem Marks”) are the sole property of Model Mayhem, its affiliated companies, and/or its licensors and, except as otherwise specifically provided herein, nothing shall be construed as granting any license or right to use any Model Mayhem Marks.

3. Permitted Use of Site Content

Subject to and conditioned on your continued compliance with our TOU, these Supplemental Terms of Use, and our Site Rules, Model Mayhem grants you, a revocable, non-exclusive, non-transferable license to use the Model Mayhem Services for your personal, non-commercial use, solely as intended through the provided functionality of the Model Mayhem Services and in accordance with our TOU and these Supplemental Terms of Use. The Model Mayhem Services may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of Model Mayhem and/or its licensors.

4. Member Accounts and Your Profile

4.1.Member Accounts. In order to participate in the Model Mayhem Services, you must meet the Membership Requirements and create an account. You represent and warrant that all information you provide during account registration and through the Model Mayhem Services is true, accurate, and complete and that you will update and maintain the truthfulness, accuracy, and completeness of such information. Members will receive a password and are solely responsible for maintaining the confidentiality of such password. You shall be liable for any charges, damages, or losses that may be incurred or suffered as a result of your failure to do so.

Your right to use the Model Mayhem Services is conditioned on your continued compliance with our TOU, these Supplemental Terms of Use, our Site Rules, and our Membership Requirements, Each Member's right to use the Model Mayhem Services is personal to that Member and Members are entirely responsible for any and all activities that occur under their account, regardless of whether such activities were authorized. You agree to immediately notify Model Mayhem of any unauthorized use of your account or any other breach of security known or suspected. You acknowledge and agree that you are solely responsible for your interaction with other Members of the Site, and that we have no obligation to monitor or resolve disputes between Members of the Site.

4.2.Your Profile. When you create a profile online, that profile is included in a searchable database on the Model Mayhem Services, which can be accessed by Members and non-members. Model Mayhem does not control the use of information that is in your profile by a third party. You should be careful not to include any personal information in your profile, such as your phone number, address, email address, bank account information, or other types of personal information. Any such posting is done at your sole risk.

Members can make changes to their privacy settings. For more information, please read the Privacy Options page.

4.3.Termination of Member Accounts. You acknowledge and agree that Model Mayhem, in its sole discretion, has the right, but not the obligation, to delete or deactivate your account, block your IP address, or otherwise terminate your access to or use of the Model Mayhem Services, or any part thereof, and to remove Your Content, immediately and without notice, for any reason, including but not limited to, if we believe that you have violated our TOU, these Supplemental Terms of Use, and/or our Site Rules.

4.4.Member Safety. Please read the Member Safety Page.

5. Member Content

All information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements, and other materials (but excluding Site Content) that is uploaded, posted, transmitted, or otherwise made available, whether publicly posted or privately transmitted, through the Model Mayhem Services (collectively, “Member Content”), are the sole responsibility of the person from whom such Member Content originated. You are solely responsible for any Member Content that you upload, post, transmit, or otherwise make available through the Model Mayhem Services (“Your Content”).

You acknowledge and agree that Model Mayhem does not control or monitor Member Content nor does Model Mayhem guarantee the accuracy, integrity, security, or quality of such Member Content. You further acknowledge and agree that by using the Model Mayhem Services, you may be exposed to Member Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions and under no circumstance will Model Mayhem be liable for any Member Content, including but not limited to, any errors or omissions in Member Content, or any loss or damage of any kind incurred as a result of the use of Member Content. Model Mayhem reserves the right, but not the obligation, to pre-screen, review, monitor, delete, or otherwise change Member Content at any time in our sole discretion, with or without notice.

Model Mayhem does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates our TOU, these Supplemental Terms of Use, or our Site Rules, or that is contrary to applicable local, national, and international laws and regulations.

6. License Grant to Your Content

In connection with Your Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Model Mayhem to use all trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content, including display and reproduction of Your Content, on or through the Model Mayhem Services.

You grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use Your Content, solely for the purpose for which such Content was uploaded, posted, transmitted, or otherwise made available by you.

You further grant to each user of the Model Mayhem Services a non-exclusive license to access Your Content through the Model Mayhem Services, and to use, reproduce, distribute, display, and perform Your Content as permitted through the functionality of the Model Mayhem Services.

You may elect to remove Your Content through your account dashboard while you have an active membership on Model Mayhem. Notwithstanding the foregoing, you acknowledge and agree that once Your Content is made public or otherwise incorporated into other aspects of the Model Mayhem Services by either by you, Model Mayhem, or other Model Mayhem members, then you may not be entitled to access, update, or delete such Content. Such Content may continue to appear and be used through the Model Mayhem Services indefinitely pursuant to the license granted herein, and Model Mayhem is under no obligation to delete or require other Model Mayhem members to delete such Content. You acknowledge, and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that has been removed or deleted. You further acknowledge and agree that we may retain Member Content, even after your account has been closed, if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our TOU, these Supplemental Terms of Use, or any other contract entered into between you and Model Mayhem.

7. Copyright Policy

Model Mayhem has adopted and implemented a copyright policy in accordance with the Digital Millennium Act. For more information, please read our copyright policy at www.internetbrands.com/ibterms/copyrightpolicy.

In appropriate circumstances and at our sole discretion, we may remove any Member Content or disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.

8. Member Conduct

8.1.Prohibited Use. You may not use the Model Mayhem Services for any purpose that is unlawful or prohibited by our TOU, these Supplemental Terms of Use, and/or any applicable additional terms, including our Site Rules. Your access to the Model Mayhem Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of our TOU, these Supplemental Terms of Use, and/or our Site Rules. You expressly agree not to:

1. act as an agent, affiliate, or representative of the Model Mayhem Services and utilize the Model Mayhem Services or Member Content or Site Content for any commercial purpose, other than for which the Model Mayhem Services is intended, without our express written permission;
2. access, monitor, or copy any content or information of the Model Mayhem Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
3. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; or
4. “frame,” “mirror,” or otherwise incorporate any part of the Model Mayhem Services into any other website without our prior written permission.

8.2.Prohibited Commercial Use. You agree not to use the Model Mayhem Services for any commercial use, without our express written permission. Prohibited commercial uses include, but are not limited to, any of the following actions taken without our express written permission:

1. selling access to the Model Mayhem Services on another website.
2. using the Model Mayhem Services for the main purpose of gaining advertising or subscription revenue;
3. advertising or promoting third-party websites or services on the Model Mayhem Services using Member Content or Site Content; and
4. using the Model Mayhem Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Model Mayhem Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading Member Content to the Model Mayhem Services to promote your business or artistic enterprise, or any use that Model Mayhem expressly authorizes in writing.

9. Prohibited Content and Conduct

The following content and conduct are strictly prohibited when using the Model Mayhem Services:

1. using strong, vulgar, obscene, or otherwise harmful language;
2. using racially, ethnically, or otherwise objectionable language;
3. harassing, intimidating, stalking, or threatening other Model Mayhem members;
4. using libelous, defamatory, or otherwise tortious language;
5. online vandalism;
6. impersonating a third party;
7. posting, distributing, transmitting, or promoting illegal content;
8. using fraudulent or misleading means to obtain money or personal information from other users;
9. posting fake casting calls or notices for any purpose, including but not limited to illegal purposes;
10. infringing a third-party’s rights, including but not limited to such third-party’s privacy and personal rights;
11. content featuring anyone younger than eighteen (18) years of age at the time of creation;
12. conduct that may harm anyone younger than eighteen (18) years of age;
13. using the Model Mayhem Services if you are a convicted sex offender;
14. posting, providing, transmitting, or otherwise making available any junk mail or spam;
15. posting, uploading, providing, or otherwise transmitting any material that contains malicious computer code, or reverse engineering or hacking any materials associated with the Model Mayhem Services; and
16. soliciting the log-in information or accessing an account belonging to a third party.

We will cooperate with law enforcement requests and court orders directing Model Mayhem to disclose the identity of anyone posting any such information or materials.

If you produce Member Content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257.

Last Updated: December 12, 2018