ModelSwim Terms & Conditions

ModelSwim makes information available on this web site, subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. ModelSwim reserves the right to change these terms and conditions, and the services, prices, prizes, awards and programs mentioned in this site at any time, at its sole discretion, without notice. ModelSwim reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

The information on this web site is protected by copyright. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without permission from ModelSwim's prior written permission. Images published on ModelSwim are either (a) owned by ModelSwim; or (b) published under license from the owners of such images; or (c) owned by a member in the case of Folios. If you believe that any image is published in derogation of any other individual or entities rights, please advise ModelSwim by sending e-mail to webmaster@modelswim.com.

Member-Uploaded Photographs

Part of your ModelSwim membership includes a free online Folio that allows you to upload and display photographs. ModelSwim does not assume ownership or copyright of images uploaded by registered members to their online Folio, nor are we responsible for protecting copyrighted images not owned by ModelSwim. By uploading images to your Folio, you give ModelSwim the right to display those photographs on various pages of the website, such as the Homepage, Search page, Folio page, etc. Once a photograph is deleted, it will no longer appear on the website.

ModelSwim respects your copyrights and will never use your photographs for ads or anything else promoting ModelSwim unless you have given us permission to do so.

Members may only upload photographs for which they have rights to distribute and use. Models must use photographs of themselves and Photographers and Stylists should include samples of their work in their Folio. Agents or Scouts should display a sampling of their model roster in their Folio. ModelSwim provides a field for copyright and photography credits for each photograph uploaded. ModelSwim also provides a Global Copyright field for Photographers which, when filled out, will be displayed under all photographs automatically.

Code Of Behavior

ModelSwim is a professional networking website and visitors are expected to use the website as a professional resource. We also have one of the friendliest modeling communities online and we strive to preserve that atmosphere. We have very few rules, except those necessary to engender harmony and protect our members.

Visitors accessing the website hereby agree to do so according to the following Code of Behavior:

1) No sexual harrassment of any member of this website.
2) Zero tolerance for sexual overtures of any kind to a minor.
3) No spamming of more than one member with the same message, or unwanted repetitive messaging of any individual member.
4) Members are limited to one free Folio each.
5) Anyone using ModelSwim to solicit models for adult photography or pornography of any kind will be banned from the site.

Note To Parents

ModelSwim intends this site as a professional resource for the use of young adults. Because our website is open to the world, however, we do not recommend the website for anyone under the age of eighteen without parental involvement. While we have set policies intended to protect all members, we are unable to monitor or control the actions of the thousands of people who visit this website every day. For this reason, anyone under the age of eighteen who does access this website does so at their own risk and against our recommendation. We strongly recommend parental involvement in all aspects of modeling, including being present at every photo shoot involving a minor.

Use of Web Site Information

Except as otherwise indicated on this site, you may view, print, copy, and distribute documents on this site subject to the following terms and conditions: 1) The document may be used solely for informational, personal, non-commercial purposes; 2) Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; 3) The document may not be modified in any way; 4) and ModelSwim reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from ModelSwim. Documents specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly permitted by ModelSwim. All of the above notwithstanding, no use may be made of the original copyrighted content of this site by any other person or any entity in any other publication, website, program or broadcast without full credit to the author and ModelSwim and only with the explicit written permission of ModelSwim.com.

Articles and Public Discussion Areas

ModelSwim is intended for use by young adults and may contain content deemed unsuitable for younger ages. By using this site you are acknowledging this warning to access the information contained herein, you are hereby agreeing to absolve ModelSwim of any responsibility for the nature of such content. Further, anyone not a legal adult must seek parental permission before accessing this site.

Further, ModelSwim makes no warranties or guaranties about the accuracy of any information containe herein and assumes no responsiblity to assure such accuracy. Nor does ModelSwim vouch for the accuracy of any information contained herein posted or authored or published by third parties. Anyone confirming their acceptance of these terms by using this website thereby indemnifies ModelSwim of all responsibility for the accuracy of all information contained herein, and assumes all responsibilty and liability for choosing despite said notification to rely on such information.

Submissions

ModelSwim does not want to receive confidential or proprietary information through its web site. Any information sent to ModelSwim will be deemed NOT CONFIDENTIAL. You grant ModelSwim an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send ModelSwim, for any and all commercial and non-commercial purposes, including by email. You also agree that ModelSwim is free to use any ideas, concepts, or techniques that you send ModelSwim for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

Governing Law and Jurisdiction

You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the state of New York. ModelSwim makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

Warranties, Disclaimers and Liability Limitations

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ModelSwim, ALL INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ModelSwim ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

IN NO EVENT SHALL ModelSwim BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) LOSS OF PROFITS, (3) DELAYS OR INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT ModelSwim HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ModelSwim MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

ModelSwim is not a model agency, scouting agent or modeling school. Affiliation with such organizations is limited to judges and/or content contributors.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

ModelSwim respects the intellectual property of others, and we ask our members to do the same. ModelSwim may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of members who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ModelSwim the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ModelSwim's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:	Copyright Agent ModelSwim.com c/o Kulture Shock Media, LLC 260 Madison Avenue, 8th Floor New York, NY 10016
By Phone:	(212) 348-8756
By Email:	webmaster@modelswim.com