Terms of Use
General Terms of Use of The models for registration and use of the portal www.the-models.de.
1. Scope, Change of Terms and Conditions
1.1. The user registers on the models.de, Kreuzstraße 34, 33602 Bielefeld. (hereinafter only referred to as The models) The models makes its content available to the user on the basis of these terms of use. The terms of use form is a legally binding agreement between the registered user and The models regarding the use of offered services. By registering or using their service, the user agrees to the validity of the terms of use.
1.2. The terms of use may be printed and/or digitally saved by the user before registration. If required, they can be requested in text form by the user by letter, fax or e-mail at info@the-models.de.
1.3. The models reserves the right to change the terms of use in the future. In this case, The models will notify the user of these changes to the terms and conditions at least two weeks in advance and inform the user that these changes are considered accepted if the user does not object to the changes within two weeks from the notification.
2. Content & Registration
2.1. As a model agency, The models books actors, models, moderators, promoters / hostesses and other artists (hereinafter only referred to as talents). In doing so, The models uses talents who have registered on www.the-models.de and have deposited their respective profile. The booking of the talents is determined by the General Terms and Conditions of Contract of The models for the use towards artists.
2.2. Only users at the age of 18 or over are authorized to register on the website.
2.3. Registration is free of charge. The models provides the user with an online form for this purpose. The online form does not represent a binding offer to be included in the The models file. Only when the online form is sent by clicking the application button does the user make The models a binding offer to be included in their database.
2.4. The user has no right to admission. The user will not receive any notification of rejection/non-acceptance. Also, the user has no right to be booked for orders by The models after his account has been accepted and activated.
2.5. When registering, the user is obliged to provide truthful, current and complete information about himself as specified in the relevant online form. The user manages his profile page independently. He has to keep his data up to date and correct at all times. The image material must represent the user and must not be older than 1-2 years.
3. Cookies
Our website uses cookies to guarantee an optimized depiction and usability. Additionally, Cookies are also used in certain areas of our Website to better understand your interests and to be able to provide a web offer that is individually optimized for you.
What is a cookie?
A cookie is a file that can be used by our website to store information (as an "identifier") on your computer via your web browser. These cookies are only used while you are on our website. Cookies are not used to determine the identity of people who only visit our website. A cookie usually contains the name of the domain from which the cookie data was sent, as well as information about the age of the cookie and an alphanumeric identifier. Cookies enable our systems to recognize the user's device and to make any default settings available immediately. As soon as the user accesses the platform, a cookie is transferred to the hard drive of the respective user's computer. Cookies help us to improve our website. They enable us to recognize your computer when you return to our website and thereby:
• To save information about your preferred activities on the website and thus to optimise our website for you and your individual interests.
• To speed up the processing of your inquiries / requests;
• To understand your interests when using the internet.
The cookies we use only store the data explained above about your use of the websites. This is not done by assigning it to you personally, but by assigning an identification number to the cookie ("cookie ID"). A combination of the cookie ID with your name, your IP address or with similar data, which would enable an assignment of the cookie to you, does not take place.
How can I deactivate cookies?
When you don’t want to accept the cookies used on our website, you can easily deactivate them in your browser settings. Regarding the case that you don’t know how this works, you can look it up in your browser helpdesk or ask your browser provider for help. Please note that you will not be able to use all the functions of our websites if you deactivate them in your browser.
These cookies are deleted after you close the browser. Other cookies remain on your computer (long-term cookies) and enable its recognition on your next visit. This allows us to improve your access to our website.
4. Changes/Deletion/Blocking of the profile
4.1. The user can always delete the profile without giving reasons. The stored data and information will then be automatically deleted by The models. For this purpose, the user sends an e-mail, with which he/she has registered at The models, to info@the-models.de.
4.2. The models is entitled, at its own discretion, to delete the user's account at any time and without giving reasons, to block the user's profile or to delete or change contents in whole or in part or to publish them elsewhere within the offer or to prevent any other use of the services by the user.
5. Commitments for the user
5.1. The user is responsible for the content of his account as well as for all activities carried out through it.
5.2. The user is obliged to inform The models immediately about any misuse of his password.
5.3. The user is committed to refrain from actions that could impair the functionality of the services provided by The models
6. Image rights
6.1. The models is allowed to use or publish the image and video material posted by the user on his profile page free of charge. The same applies to picture and video material which the user has sent to The models in any other way.
6.2. The user assures that the image material posted by him is free of third-party rights and may be published.
6.3. In case that The models is held liable by third parties due to the utilization of the picture material posted by the user on his profile page, the user shall compensate The models from any liability and thus from any financial and other disadvantages resulting from this. This also includes the user's own lawyer's and court costs.
7. Data protection
7.1. The user agrees that The models stores and processes personal data of the user. By request, The models will provide the user with information about the data stored concerning his person or his user name in text form such as letter, fax or e-mail.
7.2. The personal data of the user, which become known to The models within the scope of the business relationship, are treated strictly confidential by The models. The models saves, processes and uses these data only as far as this is necessary for the proper execution of the contract. In doing so, The models will observe all data protection requirements, in particular the provisions of the Bundesdatenschutzgesetz (BDSG; German Federal Data Protection Act) and the Telemediengesetz (TMG; German Telemedia Act). If the user's profile is deleted by whoever, the data posted will also be deleted by The models.
7.3.The models has taken security measures to protect the user's data which go beyond the information contained in the user's publicly held profile. However, The models expressly points out to the user that data protection for data transmissions in open networks, such as the Internet, cannot be comprehensively guaranteed according to the current state of technology.
8. Liability and Limit of Liability
8.1.The models shall be liable for intent and gross negligence. The models is only liable according to the product liability law, in case of injury to life or health or due to culpable violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage.
8.2.The regulations of the preceding paragraph apply to all claims for damages, regardless of the legal reason. They also apply to claims for reimbursement of wasted expenses.
8.3. The above limitations of liability also apply in favour of the representatives and vicarious agents of The models.
9. Choice of law, place of jurisdiction, severability clause
9.1. The law of the Federal Republic of Germany applies to these terms of use, excluding the UN sales law.
9.2. Exclusive place of jurisdiction for all disputes arising directly or indirectly from the use of the online offer provided by The models is Bielefeld, as far as the user is a merchant, legal entity under public law.
9.3. Should a provision in these terms of use be or become ineffective, this shall not affect the effectiveness of all other provisions or agreements. As far as the user is a merchant, therefore a legal entity under public law, the parties will replace the void provision with an effective one that comes closest to the will of the parties economically.