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1. APPLICANT PRIVACY
It is Apex Model Management cc policy to respect the privacy of its
applicants. For a complete review of our Privacy Policy please click here.
2. REGISTRATION OBLIGATIONS
By using any of Apex Model Management cc services, you agree to provide
true, accurate, current and complete information about yourself as
prompted by the service's registration form. Apex Model has the right
to suspend or terminate your application if you violate the above or if
Apex Model has reason to believe that you have violated the above.
3. DESCRIPTION OF SERVICE
Apex Model Management cc provides modelling and casting services . Our
services are available to applicants who wish to have their
applications and photographs viewed and evaluated by Apex Model. By
registering your information, submitting your application and photos
and paying the applicable registration fee, you give Apex Model
Management cc permission to present your photos to Industry Experts and
Associates for review. The Model hereby gives Apex Model Management cc
express permission to use written correspondence, photographs or other
likenesses of the Model which result from the Model’s
professional services or test photo shoots (Test’s) to promote
the reputation and/or services of Apex Model Management cc, and/or its
affiliated companies and the Model expressly waives any rights which
the Model may otherwise have to such products or images.
4. APPLICANT CONDUCT
As an aspiring professional model, or parent of an aspiring model, you
understand that you are expected to behave in a professional manner at
all times. This includes your correspondence by email, telephone or fax
with Apex Model Management cc or its affiliated Companies. Applicants
who use language that is deemed unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
false or otherwise objectionable will have their application cancelled
immediately without receiving a refund of applicable fees. You
understand that Apex Model Management cc, in its sole discretion, may
terminate your application at any time, for any reason and without
prior notice.
5. CHARGES AND BILLING
You are responsible for all charges incurred and purchases made by you
or anyone you allow to use your credit card, checking account, or other
payment methods, including your children, other applicants, or your
family or friends. You understand that all registration fees
are NON-REFUNDABLE for any reason. If your cheque, money order or
credit card payment is returned or cancelled, for any reason, it will
be re-deposited electronically, and you will be assessed a processing
fee of R35 or the maximum amount allowed by law. The credit card user
and/or cheque writer is also responsible for all other credit card
and/or cheque recovery costs, including but not limited to attorney's
fees, court cost, and other amounts allowed by law and these fees and
costs will be electronically debited from your account. Apex Model
Management cc reserves the right to amend this refund, payment, and
processing procedures and fees as stated herein.
6. NO GUARANTEE OF SERVICE
You understand that Apex Model Management cc provides no guarantee of
placement, employment or representation with Apex Model Management cc
or an other agency. Apex Model provides its services on a commercially
reasonable basis and does not guarantee that users will be able to
access or use the services at times or locations of their choosing.
Specifically Apex Model Management cc reserves the right at any time to
modify or discontinue temporarily the service (or any part of the
service) with or without notice. You agree that Apex Model Management
cc should not be liable to you or to any third party for any
modification, suspension or discontinuance of its service.
7. INDEMNIFICATION
You agree to indemnify and hold Apex Model Management cc, and its
parents, subsidiaries, affiliates, officers, other partners, and
employees, harmless from any claim, demand or damages, including
reasonable attorney's fees, made by any third party due to or arising
out of your content, your use of the service, your connection to the
service, your violation of the Terms and Conditions for service, or
your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or
exploit any portion of the service, use of the service or access to the
service.
9. DISCLAIMER OF WARRANTIES
a) THE APPLICANT AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE
APPLICANT'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. APEX MODEL MANAGEMENT CC ALSO DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE
FULLEST EXTENT PERMITTED BY LAW. APEX MODEL MANAGEMENT CC DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER APEX MODEL
MANAGEMENT CC NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY
WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
(b) APEX MODEL MANAGEMENT MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS
OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF WEBSITE PAGES
OR THE ASSOCIATED STORAGE FACILITIES. APEX MODEL MANAGEMENT CC IS NOT
RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF,
FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF APPLICANT
DATA.
10. LIMITATION OF LIAIBILITY
UNDER NO CIRCUMSTANCES SHALL APEX MODEL MANAGEMENT CC BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR
RELIANCE ON THE SITE. APEX MODEL MANAGEMENT CC DOES NOT GUARANTEE THE
LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER,
OR OF ANY INFORMATION OR ADVICE PROVIDED ON APEX MODEL MANAGEMENT CC ,
INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS
OR ANOTHER THIRD PARTY. APEX MODEL MANAGEMENT CC DOES NOT GUARANTEE
THAT ANY USERS OR APPLICANTS, INCLUDING PROFESSIONAL MEMBERS, WILL USE
THE APEX MODEL MANAGEMENT CC WEBSITE PROPERLY OR IN COMPLIANCE WITH THE
TERMS AND CONDITIONS APPLICABLE TO THEM. APEX MODEL MANAGEMENT CC DOES
NOT GUARANTEE THAT ANY APPLICANT WILL SUCCESSFULLY OBTAIN A CONTRACT,
EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF USE OF APEX MODEL
MANAGEMENT CC . YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
APEX MODEL MANAGEMENT CC IS THE CANCELLATION OF YOUR ACCOUNT OR THE
TERMINATION OF YOUR USE OF APEX MODEL MANAGEMENT CC . SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES
(EVEN IF APEX MODEL MANAGEMENT CC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE
SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR
ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR
IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
11. NOTICE
Notices to you may be made via either email or regular mail. The
service may also provide notices of changes to the Terms and Conditions
or other matters by displaying notices or links to notices to you
generally on the service.
12. GENERAL INFORMATION
This Terms and Conditions Policy constitutes the entire agreement
between you and APEX MODEL MANAGEMENT CC and governs your use of the
service, superseding any prior agreements between you and APEX MODEL
MANAGEMENT CC (including, but not limited to any prior versions of the
Terms and Conditions Policy). You may also be subject to additional
terms and conditions that may apply when you use affiliated services,
third-party content or third-party software. The Terms and Conditions
Policy and the relationship between you and APEX MODEL MANAGEMENT CC
shall be governed by the laws of Republic of South Africa without
regard to its conflict of law provisions. You and APEX MODEL MANAGEMENT
CC agree to submit to the personal and exclusive jurisdiction of the
courts located within the RSA. The failure of APEX MODEL MANAGEMENT CC
to exercise or enforce any right or provision of the Terms and
Conditions Policy shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions Policy is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions Policy remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the service or the Terms and Conditions Policy must be filed within
six (6) months after such claim or cause of action arose or be forever
barred. The section titles in the Terms and Conditions Policy are for
convenience only and have no legal or contractual effect.
Majestic
Models cc - Last Updated 09/03/2010
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