General Terms and Conditions for the Use of Website POSES STUDIO and Mobile Application MODEL NOW by Models

By logging on to website POSES STUDIO and mobile application MODEL NOW, the Model accepts the following General Terms and Conditions (hereinafter the “GTCs”) for using website POSES STUDIO and mobile application MODEL NOW. The Model enters into this agreement on the use of website POSES STUDIO and mobile application MODEL NOW services with MODEL MANAGEMENT DOT COM S.L., Moll de Barcelona, WTC, 08039 Barcelona, Spain. Additional contact information, commercial registry data, as well as the name of the authorized representative of website POSES STUDIO and mobile application MODEL NOW are accessible via “Privacy Policy”.

A. DEFINITIONS

• “Agreed Date”: End date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
• “Agreed Fee”: Fee agreed between the B-Professional and the B-Model for the job requested by the B-Professional to the B-Model through the Booking System.
• “B-Models”: Models of legal age (18 years-old and older) that are subscribed to website POSES STUDIO or mobile application MODEL NOW and that use the Booking System;
• “Booking System”: Feature on website POSES STUDIO through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;
• “B-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website POSES STUDIO or mobile application MODEL NOW and that use the Booking System;
• “GTCs”: General Terms and Conditions for the use of website POSES STUDIO and mobile application MODEL NOW by Models, including Sections A to C.
• “GTCs Booking System”: General Terms and Conditions accepted by Models and Professionals for the use of the Booking System.
• “Marketplace”: Feature on website POSES STUDIO through which registered Professionals are able to advertise and sell their professional services to a Model of legal age (18 years old or over);
• “Mobile application”: MODEL NOW.
• “Models”: Models visiting or using website POSES STUDIO and mobile application MODEL NOW;
• “M-Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators that are registered users on website POSES STUDIO or mobile application MODEL NOW and that use the Marketplace;
• “M-Models”: Models of legal age (18 years-old and older) that are subscribed to website POSES STUDIO or mobile application MODEL NOW and that use the Marketplace;
• “Premium Services for Models”: Subscription to premium services provides additional features and benefits to registered users who want to take full advantage of POSES STUDIO or mobile application, features fully described and permanently updated in “Memberships”.
• “Professionals”: Photographers, brands, model agencies, casting directors, advertising agencies, production companies, media, showrooms, hair and makeup artists, PR / Events other industry professionals and spectators visiting or using website POSES STUDIO or mobile application MODEL NOW;
• “Purchasable offer”: A professional service that can be purchased by a M-Model from a M-Professional within the Marketplace on website POSES STUDIO
• “Start Date”: Start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
• “Total Price”: Total amount that B-Professionals must pay by PayPal, Apple Pay or credit card on website POSES STUDIO for booking a B-Model through the Booking System; Total amount that M-Models must pay by PayPal, Apple Pay or credit card on website POSES STUDIO for purchasing the services of a M-Professional through the Marketplace;
• "User" Professional or model authorized and entitled to use services provided by MM.
• “Website”: POSES STUDIO.

B. USE OF website POSES STUDIO and mobile application MODEL NOW

1. Subject Matter
   1. website POSES STUDIO and mobile application MODEL NOW offers Models a platform for presenting their profiles and photo books and for arranging business contacts, particularly with agents/agencies and photographers. MM reserves the right to remove without prior notice any users whose work may violate these GTCs, or does not conform to the quality required by MM.
   2. Certain limited features of website POSES STUDIO and mobile application MODEL NOW are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of website POSES STUDIO and mobile application MODEL NOW by Models are set forth under 'Fees'. The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Model shall be due immediately upon registration on website POSES STUDIO and mobile application MODEL NOW. Payments can be made using the various payment methods, or the available online payment systems. The Model may start using the Premium Services if and when website POSES STUDIO and mobile application MODEL NOW has received the applicable subscription fee. After submitting a photography and providing an email, the registration will be done automatically, and a profile will be created. Hereafter, MM staff carry out a verification process in order to accept or deny the created model profile. The verification process may include identification of the model and its representatives, legal capacity, and requesting information and/or documentation as deemed appropriate by staff. The verification process may take between 48 and 72 hours, depending on staff workload. Models agree to dispense MM or any third party which provides services to MM with all identification documents (including but not limited to, copies of ID card, passport and/or government-issued driver's license) which MM requests from Models from time to time for the purposes of verifying identity. Verification description is not an endorsement, certification or guarantee by MM about a Professional or Model, including their identity, background or whether they are trustworthy, safe or suitable.
   3. The Model acknowledges and agrees that it is technically impossible to achieve 100% availability of website POSES STUDIO and mobile application MODEL NOW. website POSES STUDIO and mobile application MODEL NOW shall nonetheless endeavor to keep website POSES STUDIO and mobile application MODEL NOW available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond website POSES STUDIO and mobile application MODEL NOW control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on website POSES STUDIO and mobile application MODEL NOW.
   4. Website POSES STUDIO and mobile application MODEL NOW provides Models with a platform on which to establish contact with other persons or entities, in particular model agencies. website POSES STUDIO and mobile application MODEL NOW does not take part in any communication between Models and/or any other users of its services. If users enter into agreements with one another via website POSES STUDIO and mobile application MODEL NOW, website POSES STUDIO and mobile application MODEL NOW shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. website POSES STUDIO and mobile application MODEL NOW shall not be held liable if users are unable to contact one another over website POSES STUDIO and mobile application MODEL NOW regarding such agreements. Furthermore, website POSES STUDIO and mobile application MODEL NOW shall not be liable for breaches of agreements entered into between users.
2. Registration on website POSES STUDIO and mobile application MODEL NOW
   1. Models must register prior to using the services of website POSES STUDIO and mobile application MODEL NOW.
   2. The Model shall only provide accurate and complete data for registration. The registration data include an alias (online) name to be chosen by the Model for public display with the Model's profile, whereas the Model's real name will not be made publicly available. The Model shall report any changes in the registration data to website POSES STUDIO and mobile application MODEL NOW without undue delay.
   3. The sign-up to the platform by persons of minor age is not allowed, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with the applicable regulations. In any case, it will be presumed that the sign-up to the platform POSES STUDIO or mobile application MODEL NOW by a person of minor age has been made with the prior and express authorization of his/her parents, guardians or legal representatives. For preliminary information on the legal age in each country, please consult the applicable legislation.
   4. The Model shall choose a password upon registration, which is needed in order to access his/her account on website POSES STUDIO and mobile application MODEL NOW. The Model is obliged to keep this password secret. Website POSES STUDIO and mobile application MODEL NOW shall not disclose the password to any third party and website POSES STUDIO and mobile application MODEL NOW'S employees shall not ask for the Model's password at any time. The Model shall notify website POSES STUDIO and mobile application MODEL NOW immediately of any unauthorized use of his/her password or account.
   5. By completing the registration process, the Model accepts these GTCs on the use of the services of website POSES STUDIO and mobile application MODEL NOW. website POSES STUDIO and mobile application MODEL NOW accepts this offer by activating the services on website POSES STUDIO and mobile application MODEL NOW.
   6. It is agreed that once the Model completes profile information such as gender, ethnicity, age etc, these will be shown publicly.
   7. After registration, Models will be able to subscribe to Premium Services for Models, which will give them access to the features fully described and permanently updated in "Model plans". The updated subscription fee table and payment schedule can be consulted via link above, the subscription will be granted after payment of the corresponding fee.
   8. After creating and approving the profile, in addition to including the number of "photo loves" (number), "views" (number), "followers" (number) and the "last login" (date), website POSES STUDIO and mobile application MODEL NOW may include a percentage corresponding to the average number of responses sent to messages received in the last 30 days (response rate) as well as the average response time (hours or days, if it exceeds 3 days "more than 3 days" will be indicated) to messages received in the last 30 days (response time). The response rate and response time may only be included if there are enough messages to calculate the average and messages marked as "Regular" or "Bad" will not be taken into account.