EML WEBSITE TERMS AND CONDITIONS
These Terms and Conditions of use (“T&Cs”) apply to the web site and other on line resources including the Social Network profiles (in the following the “On Line Resources”) owned by Elite Licensing Company S.A.G.L located at Via Cattori 3, 6900 Paradiso, Switzerland - with registered office in Via Cattori 3, 6900 Paradiso, Switzerland (in the following also “we” or “us”). The On Line Resources displays images/videos/text/ photographs/illustrations/audio clips/video clips and include also metadata, data, software application (in the following “Contents”) and may make available certain services such as by way of example only and not limited to: apply to become a model or simply allow an individual to make a request by filling out a form, or send us an email (in the following “Services”).
By using the On Line Resources you agree to be bound by these T&Cs.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ONLINE RESOURCES.
For information on how we collect, use and share any personal information, please see the Privacy Policy and, where required by applicable law, Cookie Policy and any other Service specific Privacy Policy (“Privacy Policies”) available on the On Line Resources.
In the event of any discrepancies between these T&Cs and the Privacy Policies on data protection aspects, the Privacy Policies shall prevail.
1. General Rules
1.1 We may change, add or remove parts of these T&Cs at any time, and we may change, suspend or discontinue any aspect of the Contents as well Services at any time, therefore you are invited to periodically access and review the text of these T&Cs.
1.2 In case you disagree with any part of content of the last version of these T&Cs, it is your responsibility to stop using the On Line Resources, including simply viewing their Contents and the Services.
2.1 On Line Resources including their Contents and Services, are intended for your personal, non-commercial use, unless we explicitly authorised you for commercial use in a separate agreement with us, and in compliance with any applicable laws. All Contents and Services are protected by copyright and owned or controlled by us or the party credited as the provider of the Contents and or the Services. We also own copyright in the selection, coordination, compilation, and enhancement of such Contents and Services. You shall abide by all additional copyright notices, information, or restrictions contained in any Contents and Services. Non-commercial use does not include the use of Contents and Services without prior written consent from us in connection with: (i) the development of any software program, model, algorithm, or other artificial intelligence (AI) tool, including, but not limited to, training or using the Contents and the Services in connection with the development or operation of a machine learning or system (including any use of the Contents and Services for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation); or (ii) providing archived or cached data sets containing Content to another person or entity.
2.2 The Services and Contents are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Contents pursuant to the laws of the Country of our establishment and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in para 2.3 of these T&Cs), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Contents and their arrangements or the Services, in whole or in part.
2.3 You may download or copy certain Contents and any downloadable items displayed on On Line Resources for your personal use only, provided that you maintain all copyright and other notices contained in the Contents and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from us, or the copyright holder identified in the copyright notice contained in the Contents.
3. User Generated Content
3.1 If you upload, post, send, or submit any content on the Services, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person.
3.2 You shall not upload or distribute or otherwise publish by means of the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.3 You shall not impersonate anyone else or otherwise misrepresent your identity or status when using the Services.
3.4 You agree not to provide material and misleading information knowingly and with intent to defraud when using the Services.
3.5 You shall not upload to or distribute or otherwise publish to the On Line Resources or using the Services any malware, viruses, spyware, or other malicious software or files.
3.6 You shall not use automated means to upload to, or distribute or otherwise publish to, the Services any content.
3.7 You agree not to threaten or insult anyone using the Services, and not to send repetitive messages (“spam”).
3.8 You agree, in using the Services, not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
3.9 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, text, video, audio and photographs, each, a “Submission”) may be used, edited, removed, modified, published, transmitted, and displayed by us and, to the maximum extent permitted by the applicable laws, you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
3.10 Without prejudice to any other obligations under any existing contract applicable between us and you, you grant us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for us, or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or developed at any time, any Submission provided by you by means of the Services.
3.11 You are solely responsible for the content of your Submissions. However, while we do not and cannot review every Submission and are not responsible for the content of the Submissions, we reserve the right to delete, move, or edit Submissions that it, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these T&Cs, or otherwise unacceptable.
3.12 By making a Submission, you are consenting, to the maximum extent applicable by law, to its display and publication on the On Line Resources and in the Services and for related online and offline uses at the purpose of the promotion and development of our business.
4. Prohibited Uses
4.1 You may not access or use, or attempt to access or use, the Services and the Contents to take any action that could harm us or a third party. You may not use the Services and the Contents in violation of applicable laws, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our On Line Resources, Contents and Services, or make any unauthorized use of them. As detailed below, we reserve the right to seek immediate injunctive relief and compensation for all damages, in addition to ordering the immediate removal of any Content in violation with the applicable laws and these T&Cs.
Without our prior written consent, you shall not:
(1) access any part of the On Line Resources, Services and Contents you do not have permission or authorization to access;
(2) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Contents, data or information from the Services, or otherwise use, access, or collect the Contents, data or information from the Services using automated means;
(3) use the Contents, the Services, the On Line Resources for the development of any software program, model, algorithm, or (generative) Artificial Intelligence (AI) tool, including, but not limited to, training or using the Contents in connection with the development or operation of a machine learning or AI system including any use of the Contents for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation.
(4) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Contents and Services in any way, including overriding any security feature, bypassing or circumventing any access controls or use limits of the Services and Contents, or failing to abide by exclusionary protocols such as the Robots Exclusion Protocol or the Automated Content Access protocol;
(5) cache or archive the Contents and Services except for a public search engine’s use of spiders for creating search indices solely for the inclusion of links and short, non-AI synthesized snippets of the Contents and Services in search results;
(6) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
(7) do anything that could disable, damage or change the functioning or appearance of the On Line Resources, Services and Contents;
(8) perform text and data mining activities in a manner which is uncompliant with the applicable laws, id est not respecting the exclusive rights for authors, in respect of the original copies of their works or of copies thereof, the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise;
(9) extract, regardless of the means of extraction (from print screens to other systems for copying/scraping information from online resources), images of models present in On Line Resources, Services and Contents and use them to create any kind of digital replicas and/or digital twins for your own reuse or to make them available to others for their use, regardless of the purpose of such use and regardless of whether it is for personal or commercial use, your own or that of others.
4.2 Engaging in a prohibited use of the On Line Resources, Services and Contents may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the infringers as well as against those who assist the infringers in committing the act.
5. Representations and Warranties, Indemnification, Limitation of Liabilities
5.1 You represent, warrant and covenant that: (1) no materials of any kind submitted using the Services will: (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or (b) contain libelous or otherwise unlawful material; (2) you meet the minimum age requirement under national law to be considered an adult; and (3) if you are under that age, you may only use the Services with the involvement of a parent or legal guardian who has read these T&Cs and agreed to them and your use of the Services. You hereby indemnify, defend and hold harmless us and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (1) any breach by you of these T&Cs or the foregoing representations, warranties and covenants; or (2) your gross negligence or wilful misconduct. You must cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. We will not be liable to you or any other person as a result of a user’s interactions with others. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES.
5.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“OUR PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF OUR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
5.4 These exclusions and limitations apply to the maximum extent permitted by applicable law and do not limit the mandatory rights of consumers under applicable law.
6. Security
6.1 Please promptly report to ITSecurity@elitemodelworld.com any possible/suspected ‘security incidents’ detected while using the On Line Resources. A ‘security incident’ is defined as an unwanted event that could endanger the confidentiality, integrity, or availability of information.
The security measures adopted on On Line Resources do not exempt you from paying the necessary attention, in accessing and using them, by means of your IT devices such as the smartphone or the personal computer, equipped under your responsibility, with the security measures required by the data protection laws applicable to you.
6.2 You shall meet the minimum age requirement under national law to be considered an adult. If you are under that age and would like to access the Contents and use the Services, please ask your parent or legal guardian to review and agree to these T&Cs before you use any part of the Services.
6.3 Due to third party interactions with our Services, we do not guarantee that any of the On Line Resources, Contents and Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards on your IT devices (personal computer, smartphone,…, including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Services.
7. Third-Party Content and Links to Third-Party Websites
7.1 The On Line Resources, Contents and Services may contain links to third-party websites, services, resources, and advertisers (collectively, “Linked Content”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site. When you access Linked Content, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the On Line Resources, Contents and Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to them.
In addition, we shall not monitor, verify, censor, or edit the content of any third-party site or service. By using the On Line Resources, Contents and Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
8. Termination and Survival
8.1 We may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these T&Cs, and applicable law regulations.
8.2 The provisions of these T&Cs will survive the termination of your use of the On Line Resources, Contents and Services.
9. Governing Law and Jurisdiction
9.1 These T&Cs have been made and will be construed and enforced in accordance with the laws of Switzerland.
10. Dispute Resolution
10.1 Amicable resolution. In the event of any dispute, claim, or request arising from or related to the interpretation, application, or enforcement of these T&Cs or your use of the Services, you are encouraged to contact us to seek an amicable resolution by writing to legal@elitemodel.ch or using the contact form available on the website, where present.
10.2 Access to legal remedies. This clause does not in any way limit your right to bring a claim before the competent courts at any time, in accordance with applicable law, nor to make use of any remedies provided by mandatory consumer protection laws in your country of residence.
10.3 Out-of-court dispute resolution platforms. Please refer to the alternative dispute resolution bodies, as allowed and applicable for the country where you are resident.
10.4 Jurisdiction. Without prejudice to the application of mandatory provisions of law, any dispute shall be submitted to the exclusive jurisdiction of the courts of your place of residence or domicile if you are a consumer, or – for non-consumer users – to the courts of the place where our company has its registered office.
11. Miscellaneous
11.1 These T&Cs have been made in and will be construed and enforced in accordance with the applicable laws.
11.2 You agree to report any violations of the T&Cs to us as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify legal@elitemodel.ch.
11.2 Our failure to enforce any provision of these T&Cs or to respond to a breach by you or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these T&Cs or to act with respect to similar breaches.
11.3 If a provision of these T&Cs is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected, and those provisions will remain in full force and effect.