Read This Terms of Use Agreement Before Accessing Website.
This Terms of Use Agreement was last updated on March 23, 2009.
This Terms of Use Agreement sets forth the standards of use of BESADE Model & Talent Resource Online Service for Registered Members. By using BESADE Model & Talent Resource you (the “Member”) agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at BESADE Model & Talent Resource. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
BESADE Model & Talent Resource is a service provider for models/talent and clients looking to hire models/talent. BESADE Model and Talent Resource hosts models/talent portfolios and resumes. BESADE Model & Talent Resource does NOT guarantee the Member will be selected for work. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties.
BESADE Model & Talent Resource is provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BESADE Model & Talent Resource makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BESADE Model & Talent Resource shall have no liability for any interruptions in the use of this Website. BESADE Model & Talent Resource disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
BESADE Model & Talent Resource SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BESADE MODEL & TALENT RESOURCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BESADE MODEL & TALENT RESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold BESADE Model & Talent Resource, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Person must
be 18 years of age or older to use BESADE Model and Talent Resource. Members
are entirely responsible for any and all activities which occur under their
account whether authorized or not authorized. Member agrees NOT to use
pornographic images or any such matter on BESADE Model & Talent Resource.
Member agrees to notify BESADE Model & Talent Resource of any unauthorized
use of Member’s account or any other breach of security known or should be
known to the Member. Member’s right to use the Service is personal to the
Member. Member agrees not to resell or make any commercial use of the Service
without the express written consent of BESADE Model & Talent Resource. BESADE
Model & Talent Resource reserves the right to delete any Member’s account
(client or model) for any reason which compromises the quality or integrity of
BesadeModels.com with NO refunds of fees paid by Member. Member agrees to pay
the yearly hosting fee with no refunds once registered as a Member.
6. Modifications and Interruption to Service
BESADE Model & Talent Resource reserves the right to modify or discontinue the Service with or without notice to the Member. BESADE Model & Talent Resource shall not be liable to Member or any third party should BESADE Model & Talent Resource exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BESADE Model & Talent Resource does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Governing Jurisdiction of the Courts of Minnesota
Our website is operated and provided in the State of Minnesota. As such, we are subject to the laws of the State of Minnesota, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Minnesota.
8. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 BESADE Model & Talent Resource, will all rights reserved, or is the property of BESADE Model & Talent Resource and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BESADE Model & Talent Resource is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BESADE Model & Talent Resource.
BESADE ™ and BESADE Model & Talent Resource are proprietary marks of
BESADE, LLC. BESADE, LLC trademarks may not be used in connection with any
product or service that is not provided by BESADE, LLC, in any manner that is
likely to cause confusion among clients, or in any manner that disparages or
discredits BESADE, LLC.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BESADE Model & Talent Resource designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Besade, LLC
2400 North Second Street
Minneapolis, MN 55411
By Email: info@besademodels.com
11. Botnets
BESADE Model & Talent Resource retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BESADE Model & Talent Resource reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BESADE Model & Talent Resource, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.