Kinkygigs User Agreement
This Membership Agreement ("Agreement") will detail the membership terms between you and Kinkygigs ("Kinkygigs.com"), with respect to your use of the Kinkygigs.com service (the "Service"). Please read it carefully. By signing up for the service, you agree to the following:
1. THE SERVICE
The Service is a Social Sharing community which provides a portfolio , modeling gallery, casting calls Forums,groups and members who wants to share and promote modeling , photography,hair stylists,wardrobe stylists,make up artists,photoshop wizards,clothing designers and includes all products and services which are described on the Kinkygigs website or which Kinkygigs t otherwise agrees to provide to you.
2. MEMBER PRIVACY
Kinkygigs's policy is to respect the privacy of its members. Kinkygigs.com will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless Kinkygigs believes that such action is necessary or if it is required to do so to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Kinkygigs.com (3) enforce this agreement; (4) remove or modify information in order to protect you from scam and spam or (5) act to protect the interests of other members or third parties. Warning ! Don't post personal information such as your phone number, email, address, IM screen name, or specific whereabouts. Don't post anything that would make it easy for a stranger to find your location, like your local hangout or school. Post pictures and videos, but remember to think about where you're taking them, what you're wearing that could identify you to a stranger (like school uniforms or landmarks in the background). Don't take the risk and meet people in real life that you only "know" online, and have no mutual real life friends.
3. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of membership is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Unless you are expressly authorized to do so, you must not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Service, including code and software. You further acknowledge and agree that any information provided by or through Kinkygigs is for information purposes only and is not intended to constitute professional advice.
4. CHARGES AND USE OF SERVICE
The cost of the Service you use will be charged to the credit card, checking account debiting or PayPal account designated by you. You acknowledge that you are solely responsible for ensuring that no unauthorized use of your account or PIN occurs and that any risk associated with the transmission of information over the Internet or through the Service is borne by you. You further acknowledge and agree to pay the charges for use of the Service in accordance with the then-current pricing structure.
5. APPLICATION AND VARIATION OF TERMS AND PRICING
This Agreement, which includes the registration form, sets out the terms on which Kinkygigs provides the Service. To Sign up and maintain a portfolio profile with 10 photographs is Free and a member can remain at that level for as long as he or she pleases.However a VIP Member Upgrade is available(see subscribe button for details) in recurring charges . Recurring charges for the month are non refundable if the member decides to terminate his or her account .A member has 7 days before the due date to unsubscribe to the service.By accessing the Service you are committed to the above terms.
6. SUSPENSION OF SERVICE
Kinkygigs may, with notice of why and when, suspend the Service or disconnect, deny or restrict your access to the Service: (a) during any technical failure of, modification or maintenance to the Service, but Kinkygigs will use reasonable endeavors to procure the resumption of the Service as soon as reasonably practicable; or (b) if you use the Service in breach of this Agreement until the breach (if capable of remedy) is remedied, or if you do or fail to do anything which in Kinkygigs opinion may have the affect of jeopardizing the operation or integrity of the Service or any other service. Despite suspension, disconnection, denial or restriction of the Service under this clause you remain liable for all charges due throughout the period of suspension, disconnection, denial or restriction.
7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law all terms, warranties, undertakings, inducements and representations relating to the Service are excluded and Kinkygigs will not be liable for any loss or damage (including without limitation indirect, special or consequential loss or damage) arising from the Service whether or not caused by any negligent act or omission. If any legislation implies any term or warranty that cannot be excluded, Kinkygigs's sole liability will be, in the case of goods or services, to re-supply of the goods or services, or to pay for the cost of having the goods or services re-supplied. To the extent permitted by law, Kinkygigs is not liable for the unavailability of the Service at any time or for any reason. To the extent permitted by law, Kinkygigstdisclaims any warranty in relation to the performance, operation, reliability or availability of the Service. Without limiting the preceding provisions of this clause, Kinkygigs expressly disclaims liability for any loss, damage, costs, expenses and liabilities of whatever nature arising (directly or indirectly) from the use of products proprietary to, or provided by, third parties, or from any recommendation by Kinkygigs that you use or accept such products.
8. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is prohibited. You must not use the Service to solicit business for any competitive service. You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name or password, including, without limitation, the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to: A. use the Service in connection with chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); B. harvest or otherwise collect information about others, including email addresses, without their consent; C. create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message; D. transmit through the Service unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material; E. transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trade marks or copyright; F. transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; G. use the Service to violate any applicable law restricting the export or import of data, software or any other content: H. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; I. gain or attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or by any other means; or J. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. K. use the Service in any unethical manner or contrary to accepted community standards.
9. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is limited to 10MB, and some messages may not be processed due to space constraints or outbound message limitations. You agree that Kinkygigs's not responsible or liable for the deletion of, failure to store or non-deliveries of email messages.
You indemnify and will keep indemnified Kinkygigs and its employees, subcontractors and consultants from and against all actions, claims, demands, costs or expenses made, sustained, brought or prosecuted or in any manner based upon, occasioned by or attributable to the Service which may arise from or as a result of any breach of the terms of this Agreement by Kinkygigst , its employees, subcontractors or consultants or any unlawful or negligent act or omission of Kinkygigs, its employees, subcontractors or consultants.
All product and service marks that appear on the Kinkygigs web site that are not Kinkygigs marks are the trademarks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.
12. GOVERNING LAW
The laws of the State Of New York govern this Agreement and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
Kinkygigs may immediately terminate this Agreement or the provision of the Service if the Customer's account is inactive for a period of 12 months since the date on which the Customer last used the Service. In addition, Kinkygigs may immediately terminate this Agreements or the provision of the Service if it considers that: (a) you have breached any term of this agreement; (b) you are or may be or likely to become insolvent or bankrupt; (c) an unauthorized person is, or may be using, your account; (d) you do not have any prepaid credit. All outstanding charges will become immediately due and payable to Kinkygigs on giving of notice of termination and in no circumstances shall the member be entitled to any refund of payments made except as set forth in Sections 18 and 19 below.
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.
16. YOUR RIGHT TO CANCEL
You may cancel this contract, and if you paid, get a full refund without any penalty or obligation, if notice of cancellation is given, within 7 business days from the date your next bill is dued . To cancel this contract, Full in the contact us section and must be done during business hours 9am - 3pm EST Monday - Friday When you cancel, your billing stops immediately, and no new charges will be billed to you unless you re-instate your subscription.
17. RIGHT TO REFUND
If you pay a fee and you fail to receive the services promised (fully functional site and submission casting calendar), then Kinkygigs shall, upon your written or e-mailed request, return the amount paid by you within 7 days of your request for a refund.
18. PHOTO RELEASE
I hereby assign and grant to Kinkygigs the right and permission to use and/or publish photographs or likeness, videos or MP3s of me for advertising purposes, promotion or display, in all forms of media. I hereby release and discharge Kinkygigs, it's owners, and employees, and any persons acting on behalf of Kinkygigs from any liability stemming from the publishing of said photos, videos or MP3s, including, but not limited to, copyright infringement or piracy. I further discharge Kinkygigs from any and all liability for damages caused by any blurring, distortion, alteration,optical illusion, or use in composite form of said picture which may occur during the taking, processing, or production of said picture or the finished product. I understand that Kinkygigs shall have the right to terminate my portfolio for any reason whatsoever. I hereby certify that I am over eighteen years of age or older entering into this release.
Kinkygigs in no way will have ownership rights of other talent's content that is uploaded or used on the site. The ownership rights will exclusively stay with the creator and rightful owner. Kinkygigs releases any claims otherwise.19. ENTIRE AGREEMENT
20. CREDIT CARD DESCRIPTOR
Charges will appear on your credit card statement as: "Gilmer Inc"
Kinkygigs.COM IS A TALENT RESOURCE AND AN INDUSTRY DATA BASE LISTING SERVICE. Kinkygigs.COM IS NOT A TALENT AGENCY CONTRACT. TO THE EXTENT THAT IT APPLIES, PURSUANT CALIFORNIA LABOR LAW SECTION 1700.5 OF THE LABOR CODE, ONLY A TALENT AGENT LICENSED MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. Kinkygigs..COM IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU, THEREFORE ONLY YOU CAN SUBMIT YOURSELF TO AN AUDITION OR OBTAIN AN EMPLOYMENT FOR YOURSELF. IT MAY ONLY PROVIDE YOU INFORMATION. FOR MORE INFORMATION, TO THE EXTENT THAT IT APPLIES CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE CALIFORNIA LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY Kinkygigs.COM THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.
This Agreement represents the entire agreement between you and Kinkygigs.com regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of New York, USA. As a condition of using Kinkygigs.com’s services, each user agrees that any and all disputes and causes of action arising out of or connected with Kinkygigs.com, shall be resolved through arbitration, with such arbitration to be held in New York, USA.
Additionally, except where prohibited by law, as a condition of using Kinkygigs.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Kinkygigs.com.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub-licensable without the prior written consent of Kinkygigs.com. Kinkygigs.com PRIVACY OF FINANCIAL INFORMATION
Kinkygigs.com will use the credit card information you provide to bill you for goods and services. By registering for a for-fee service and providing your credit card details, you agree to be billed by us for your for-fee service in advance. Kinkygigs.com will not share your financial information with third-parties, except as necessary to process your payment. By providing your credit card details to us, you consent to and authorize us to provide your credit card details to such credit card processors and financial institutions as are necessary to process your payment. may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KINKYGIGS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY KINKYGIGS.COM AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE KINKYGIGS.COM SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE KINKYGIGS.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER KINKYGIGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.
INDEMNITYYou hereby agree to indemnify, defend and hold harmless Kinkygigs.com 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 any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Kinkygigs.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.