Model Match Terms and Conditions of Use

Effective as of 23 February 2019
Hello, and welcome to the Model Match Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:



-Outline your legal rights on Model Match

-Explain the rights you give to us when you use Model Match

-Describe the rules everyone needs to follow when using Model Match


-Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration


Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

1 Introduction

Thanks for choosing Model Match (“Model Match,” “we,” “us,” “our”). Model Match provides facial recognition tools to match potential models with Modelling agencies, we are a Middleware tool that forms the introduction. By signing up or otherwise using any of these Model Match services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Model Match Service” or “Service”), you are entering into a binding contract with the Model Match entity indicated in Section 25 (Contact us).



Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Model Match’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Model Match Service.



In order to use the Model Match Service, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Model Match is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:



If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.
CountryAge Requirements
Andorra*, Argentina*, Australia, Austria*, Belgium, Bolivia*, Canada, Costa Rica*, Czech Republic, El Salvador*, Estonia, Finland, France*, Greece*, Guatemala*, Hong Kong, Iceland, Israel, Latvia, Luxembourg, Malaysia*, Mexico*, Monaco*, Nicaragua*, Norway*, Paraguay*, Poland*, Portugal*, South Africa, Spain*, Sweden, Switzerland, Turkey*, United Kingdom, VietnamMust be 18 or older, or be 14 or older and have parent or guardian consent.
BrazilMust be 18 or older, or be 16 or older and have parent or guardian consent.
Bulgaria*, Colombia*, Chile, Hungary, Liechtenstein, Panama*, Peru, RomaniaMust be 18 or older, or be 14 or older and have parent or guardian consent.
Denmark*Must be 18 or older, or be 15 or older and have parent or guardian consent.
Cyprus*To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older.
Dominican Republic, Ecuador, Ireland, UruguayMust be 18 or older.
Honduras*Must be 21 or older, or be 18 or older and have parent or guardian consent.
IndonesiaMust be 21 or older, or be 13 or older and have parent or guardian consent.
Italy*To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent.
Japan, ThailandMust be 20 or older, or be 13 or older and have parent or guardian consent.
LithuaniaTo use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older, or be 14 or older and have parent or guardian consent.
Malta*To use the Free Service, must be 18 or older, or be 14 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older.
NetherlandsTo use the Free Service, must be 16 or older. To register for a Paid Subscription, must be 18 or older, or be 13 or older and have parent or guardian consent.
New ZealandTo use the Free Service, must be 13 or older. To register for a Paid Subscription, must be 18 or older.
Philippines*To use the Free Service, must be 18 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older.
SingaporeMust be 16 or older.
Slovakia*Must be 16 or older, or be 13 or older and have parent or guardian consent.
TaiwanMust be 21 or older, or be 13 or older and have parent or guardian consent.

2 Changes to the Agreements

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

3 Enjoying Model Match

Here’s some information about all the ways you can enjoy Model Match.
3.1 Service Options
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Model Match account. Certain options are provided to you free-of-charge. The Model Match Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Model Match Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.


The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
3.2 Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Model Match may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.



For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH MODEL MATCH, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

4 Payments, cancellations, and cooling off

4.1 Billing
You may purchase a Paid Subscription directly from Model Match by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Model Match Service for a specific time period (“Pre-Paid Period”).


Model Match may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Model Match after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
4.2 Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Model Match or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Model Match. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Model Match and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Model Match you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.

5 Using our service

The Model Match Service and the Content are the property of Model Match. We grant you limited, non-exclusive, revocable permission to make use of the Model Match Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Model Match.


The Model Match software applications and the Content are not sold or transferred to you, and Model Match and its licensors retain ownership of all copies of the Model Match software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).


All Model Match trademarks, service marks, trade names, logos, domain names, and any other features of the Model Match brand (“ Model Match Features”) are the sole property of Model Match or its licensors. The Agreements do not grant you any rights to use any Model Match Brand Features whether for commercial or non-commercial use.


You agree to abide by our User guidelines and not to use the Model Match Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Model Match grants no right, title, or interest to you in the Model Match Service or Content.


Third party software (for example, open source software libraries) included in the Model Match Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

6 Third Party Applications and Devices

The Model Match Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Model Match Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Model Match does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Model Match warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

7 User-Generated Content

Model Match users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Model Match Support Community as well as any other part of the Model Match’s Service.
You promise that, with respect to any User Content you post on Model Match, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Model Match as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others.

Model Match may, but has no obligation to, monitor, review, or edit User Content. In all cases, Model Match reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Model Match’s sole discretion, violates the Agreements. Model Match may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Model Match also maintains the right to use any image uploaded to the platform for promotional purposes. You own the content you create and share on Model Match, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
Specifically, when you upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you upload a photo on Model Match, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Model Match Products you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.

You are solely responsible for all User Content that you post. Model Match is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST MODEL MATCH RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD MODEL MATCH HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

8 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Model Match Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Model Match Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Model Match’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Model Match may contain advertising as part of the Content. The Model Match Service makes such Content available to you unmodified.


If you provide feedback, ideas, or suggestions to Model Match in connection with Model Match Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Model Match to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

9 User guidelines

Model Match respects intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

1.reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Model Match Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Model Match Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Model Match Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Model Match’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Model Match Service or the Content];

2.circumventing any technology used by Model Match, its licensors, or any third party to protect the Content or the Service;

3.selling, renting, sublicensing, or leasing of any part of the Model Match Service or the Content;

4.circumventing any territorial restrictions applied by Model Match or its licensors;

5.manipulating the Service by
(i) using any bot, script, or other automated process;
(ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

6.removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

7.circumventing or blocking advertisements in the Model Match Service, or creating or distributing tools designed to block advertisements in the Model Match Service

8.providing your password to any other person or using any other person’s username and password;

9.“crawling” the Model Match Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Model Match or the Model Match Service;

10.selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

11.artificially promoting Content by automated means or otherwise.


Please respect Model Match, the owners of the Content, and other users of the Model Match Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

1.is offensive, abusive, defamatory, pornographic, threatening, or obscene;

2.is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Model Match or a third party;

3.includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

4.includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

5.is intended to or does harass or bully other users;

6.impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

7.involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;

8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Model Match;

9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Model Match;

10. interferes with or in any way disrupts the Model Match Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Model Match’s computer systems, network, usage rules, or any of Model Match’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

11.conflicts with the Agreements, as determined by Model Match.


You acknowledge and agree that posting any User Content that violates these User guidelines (or that Model Match reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Model Match account. You also agree that Model Match may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.


Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.


10 Service limitations and modifications

Model Match will make reasonable efforts to keep the Model Match Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Model Match reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Model Match Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Model Match Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.


Notwithstanding the foregoing, if you have prepaid fees to Model Match for Paid Subscriptions that Model Match permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Model Match will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Model Match will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Model Match and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

11 Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service email on the About Us section of our website - support@modelmatch.io . We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.


You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link:https://ec.europa.eu/consumers/odr.

12 Term and termination

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service email on the About Us section of our website - support@modelmatch.io . We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.


You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link:https://ec.europa.eu/consumers/odr.

13 Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE MODEL MATCH SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. MODEL MATCH AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MODEL MATCH NOR ANY OWNER OF CONTENT WARRANTS THAT THE MODEL MATCH SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, MODEL MATCH MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE MODEL MATCH SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MODEL MATCH IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.


NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MODEL MATCH SHALL CREATE ANY WARRANTY ON BEHALF OF MODEL MATCH. WHILE USING THE MODEL MATCH SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.


WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING MODEL MATCH’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

14 Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MODEL MATCH SERVICE IS TO UNINSTALL ANY MODEL MATCH SOFTWARE AND TO STOP USING THE MODEL MATCH SERVICE. YOU AGREE THAT MODEL MATCH HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MODEL MATCH SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO MODEL MATCH, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL MODEL MATCH, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MODEL MATCH SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MODEL MATCH HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MODEL MATCH SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MODEL MATCH DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND MODEL MATCH’S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Model Match’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

15 Third party rights

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MODEL MATCH SERVICE IS TO UNINSTALL ANY MODEL MATCH SOFTWARE AND TO STOP USING THE MODEL MATCH SERVICE. YOU AGREE THAT MODEL MATCH HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE MODEL MATCH SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO MODEL MATCH, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL MODEL MATCH, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MODEL MATCH SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MODEL MATCH HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MODEL MATCH SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MODEL MATCH DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND MODEL MATCH’S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Model Match’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

16 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Model Match, the Agreements constitute all the terms and conditions agreed upon between you and Model Match and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

17 Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Model Match or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Model Match’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

18 Assignment

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Model Match or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Model Match’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

19 Indemnification

You agree to indemnify and hold Model Match harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Model Match Service; and (4) your violation of any law or the rights of a third party.

20 Choice of law, mandatory arbitration and venue

20.1 Governing Law / Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and Model Match agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.)
CountryChoice of LawJurisdiction
Andorra, Australia, Austria, Belgium, Czech Republic, Denmark, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Liechtenstein, Malaysia, Mexico, Netherlands, New Zealand, Poland, Romania, Singapore, South Africa, Sweden, Switzerland, Taiwan, Thailand, VietnamHong Kong SARExclusive; Courts of Hong Kong SAR
Bulgaria, Cyprus, Estonia, France, Hong Kong, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Philippines, Portugal, Slovakia, Spain, TurkeyHong Kong SARNon-Exclusive; Courts of Hong Kong SAR
BrazilLaws of BrazilExclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil
CanadaNot applicable to residents of Quebec: Laws of the Province of Ontario Residents of Quebec: Laws of the Province of Quebec, CanadaNot applicable to residents of Quebec: Exclusive other than for the purpose of enforcing judgements; Courts of Ontario, Canada Residents of Quebec: Courts of Quebec, Canada
Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, UruguayState of California, United StatesExclusive; State and Federal Courts of San Francisco County, CA or New York, NY
United KingdomLaws of England and WalesExclusive; Courts of England and Wales in London, England

20.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MODEL MATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Model Match agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

20.3 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 20.3. is enforceable, the following mandatory arbitration provisions apply to you:
20.3.1 Dispute resolution and arbitration
You and Model Match agree that any dispute, claim, or controversy between you and Model Match arising in connection with or relating in any way to these Agreements or to your relationship with Model Match as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
20.3.2 Exceptions
Notwithstanding clause 20.3.1 above, you and Model Match both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
20.3.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Model Match will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of [the relevant state or country listed in clause 20.1], without regard to choice or conflicts of law principles.
20.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
20.3.6 Modifications
In the event that Model Match makes any future change to this arbitration provision (other than a change to Model Match's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Model Match's address for Notice, in which case your account with Model Match shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
20.3.7 Enforceability
If the class action waiver at Section 20.2 is found to be unenforceable in arbitration or if any part of this Section 20.3 is found to be invalid or unenforceable, then the entirety of this Section 20.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 20.1 shall govern any action arising out of or related to the Agreements.

21 Contact us

If you have any questions concerning the Model Match Service or the Agreements, please contact Model Match Customer Service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy Model Match!
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