Terms of Use

Digital Millennium Copyright Act

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the out Site can be identified and removed via ModelWire's DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that a Member or User has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content ("Allegedly Infringing Content") or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below ("Counter-Notice"). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to ModelWire's Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney's fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

7.1 Filing a DMCA Notice

To file a DMCA Notice with ModelWire, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:

1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, "My copyrighted work is an image that appears at [list profile where material is located]".);
2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to "prove" your claims). The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.";
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
7. The Notice must be signed;
8. The Notice must be sent to our DMCA designated agent at the following address:

DMCA Designated Agent
Casting Networks Inc., DBA ModelWire
3250 Wilshire Blvd.
Suite 1800
Los Angeles, CA 90010
Tel: 213-201-8113
Or fax to: 213-381-5415 (on the cover sheet, please write: Attention: DMCA NOTICE).

7.2 Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must:

1. Describe and list all material(s) that were removed by ModelWire and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
2. Provide your name, address, telephone number and email address (if available);
3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Los Angeles County, CA if your address is outside of the United States);
4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
5. Include the following statement: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6. The Counter-Notice must be signed.
7. The Counter-Notice must be sent to our designated DMCA designated agent at the following address:

DMCA Designated Agent
Casting Networks Inc., DBA ModelWire
3250 Wilshire Blvd.
Suite 1800
Los Angeles, CA 90010
Tel: 213-201-8113
Or fax to: 213-381-5415 (on the cover sheet, please write: Attention: DMCA NOTICE).

8. General Use of the Site

You have a nonexclusive, limited, revocable license to use the ModelWire Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that ModelWire deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators.

You agree that you shall not:

* Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
* Impersonate any person or entity without their consent, including, but not limited to, a ModelWire employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Make unauthorized use of any ModelWire trademarks or service marks;
* Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
* Take any action or upload, post, e-mail or otherwise transmit Content as determined by ModelWire, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
* Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation that ModelWire considers in its sole discretion to be of such nature;
* Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
* Attempt to gain access to any other Member's Membership account or password; or
* "Stalk", abuse or attempt to abuse, or otherwise harass another User. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership.

You agree that ModelWire may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Site in its sole discretion, without notice to you.

9. Dealing With Other Members; Limitation of Liability

ModelWire is a service provider, which means, among other things, that we do not control each and every aspect of the Site. You acknowledge that ModelWire is a service provider that may offer Members opportunities to interact online regarding topics and content chosen by other Members. Generally, we do not regulate Member's interactions with the Site or communications with each other. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site. You are solely responsible for your interactions with other Members.

As a condition of access to our Site, you release ModelWire (and ModelWire's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Members or Users of the Site.

You further understand and agree that: (a) ModelWire will have the right but not the obligation to resolve disputes between Members and Users relating to the Site, and ModelWire's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent ModelWire elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) ModelWire's resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Members or Users of the Site may become involved; and (d) you hereby release ModelWire (and ModelWire's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with ModelWire's resolution of disputes relating to the Site.

10. Membership Termination

This Agreement shall remain in full force and effect while you use the ModelWire Site or are a Member. You may terminate your Membership at any time, for any reason, by contacting us at support@modelwire.com. ModelWire may terminate your Membership at any time without warning. Even after Membership is terminated, this Agreement will remain in effect, including Sections 6, 8, 9, 11, 12, 13, and 14.

11. Transfer of Membership and Assignment

If you sign up, you deemed to be using the account. A single Membership may be used by a single legal entity at ModelWire's sole discretion and subject to ModelWire's requirements. You may not assign or transfer your Membership, this Agreement or any or all of your rights hereunder without the prior written consent of ModelWire, and any attempt to do so is void. Notwithstanding the foregoing, ModelWire will not unreasonably withhold consent to the transfer of a Membership in good standing by operation of a valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by ModelWire. All or any of ModelWire's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of ModelWire's assets.

12. Disputes

In the event a dispute arises between you and ModelWire, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and ModelWire agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a "Claim") in accordance with one of the subsections below.

12.1 Governing Law

This Agreement and the relationship between you and ModelWire shall be governed in all respects by the laws of the State of California without regard to conflict of law principles.

12.2 Forum for Disputes

You and ModelWire agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, California except as provided in Subsection 12.3 below regarding optional arbitration. Notwithstanding this provision, you agree that ModelWire shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

12.3 Option Arbitration

For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.4 Improperly Filed Claims

All Claims you bring against ModelWire must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, ModelWire may recover attorney's fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that ModelWire has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

13. Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity

13.1 No Liability for Accumulated Content

When using the Site, you may accumulate Content that resides as data on ModelWire's servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY AND USER NAMES RESIDING ON MODELWIRE'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN MODELWIRE'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO CONTENT YOU UPLOAD AND/OR CREATE USING THE MODELWIRE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, MODELWIRE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MODELWIRE'S SERVERS.

YOU UNDERSTAND AND AGREE THAT MODELWIRE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

13.2 The ModelWire Site is Provided "As Is"

MODELWIRE PROVIDES THE SITE, YOUR MEMBERSHIP AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, ModelWire does not ensure continuous, error-free, secure or virus-free operation of the Site or your Membership, and you understand that you shall not be entitled to refunds for fees paid (if any) based on ModelWire's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

13.3 Further Limitations of Liability

IN NO EVENT SHALL MODELWIRE OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MODELWIRE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL MODELWIRE'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that ModelWire cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Site.

13.4 Your Indemnification of ModelWire

At ModelWire's request, you agree to defend, indemnify and hold harmless ModelWire, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorney's fees and costs, arising from any breach of this Agreement by you, or from your use of the Site. You agree to defend, indemnify and hold harmless ModelWire, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorney's fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

14. General Provisions

This Agreement is accepted upon your use of the ModelWire Sites and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ModelWire regarding the use of the ModelWire Sites.

The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If a court of competent jurisdiction deems any provision of this Agreement unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The ModelWire Sites is controlled and operated by ModelWire from its offices within the State of Florida, United States of America. We make no representation that any aspect of the Sites or our Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Sites from other locations are responsible for compliance with applicable local laws. Any software available in connection with our Sites (the "Software") is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Software and its use. Downloading or using the Software is at your sole risk.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

No consent or waiver by ModelWire under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of ModelWire. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ModelWire shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ModelWire.

ModelWire may give notice to you by means of a general notice on our Sites, at or after log-in to your Membership account, by electronic mail to your e-mail address in our records for your Membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Membership. All notices given by you or required under this Agreement shall either be:

Faxed to:

ModelWire Legal Department

Attn: Dispute Resolution

213-381-5415

Or mailed to:

ModelWire Legal Department

Attn: Dispute Resolution

3250 Wilshire Blvd.
Suite 1800
Los Angeles, CA 90010