Legal Notices for Caryn Modeling

TERMS of SERVICE AGREEMENT

Welcome to Caryn Model & Talent Agency. The following is a description of the terms under which Caryn Model & Talent Agency offers you access to its services.

WE RESERVE THE RIGHT to amend this Agreement at any time by posting the amended terms on our web site. The amended terms shall be automatically effective immediately after they are posted to our web site. This Agreement was last revised on April 16, 2002.

I. SERVICE DESCRIPTION

Caryn Model & Talent Agency provides free services including but not limited to on-line portfolios, professional directories, e-mail, and contact information. These services are usable by all registered users and may be viewed by non-registered users. Production companies and/or casting agents (hereinafter "Hiring Parties") may also be able to view your on-line portfolio.

Your Caryn Model & Talent Agency portfolio may be seen by Hiring Parties who use Caryn Model & Talent Agency services. Hiring parties who use Caryn Model & Talent Agency services may commission use of the Caryn Model & Talent Agency service. Caryn Model & Talent Agency does not offer services directly related to any member's future employment. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you are contacted by a Hiring Party and/or secure work.

II. AGE REQUIREMENT

You must be at least 13 years old to become an Caryn Model & Talent Agency member and/or use any Caryn Model & Talent Agency services.

III. MEMBER CONDUCT

You understand and agree that all information, text, data, photographs, video, or other materials (hereinafter referred to as "content") whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. Therefore, you an NOT Caryn Model & Talent Agency, are entirely responsible for all content that you upload, post, or otherwise transmit via any of Caryn Model & Talent Agency services. The opinions and views expressed by Caryn Model & Talent Agency members or visitors do not necessarily represent those of Caryn Model & Talent Agency.

Caryn Model & Talent Agency reserves the right to remove or modify anything submitted to its service and to cancel any membership, at any time, for any reason and without prior notice. In addition, Caryn Model & Talent Agency, at its sole discretion, may terminate your account or block your access to certain member features for violation of the letter or spirit of this Agreement.

You agree to notify Caryn Model & Talent Agency immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on the Caryn Model & Talent Agency site.

iv) Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This includes content that promotes illegal activity in any way. Caryn Model & Talent Agency reserves the right to report violations of this provision to, and will cooperate with, law enforcement agencies;

v) Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, including, or facilitating such infringement;

vi) The uploading, posting or transmission of any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunication equipment;

vi) Intentionally or unintentionally violating any local, state, national or international law;

vii) Impersonating any person or entity, including but not limited to, an Caryn Model & Talent Agency official, or misrepresentation of your affiliation with a person or entity,;

viii) Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

V. LIMITATION OF LIABILITY

Caryn Model & Talent Agency shall NOT be liable under any circumstances to any user due to that user's use or misuse of the site or reliance on the site. Caryn Model & Talent Agency DOES NOT GUARANTEE the legitimacy or identity of any user, including any Hiring Parties, or any information or advice provided on Caryn Model & Talent Agency, including any information or content provided by Hiring Parties or other third parties. Caryn Model & Talent Agency DOES NOT GUARANTEE that any users or members, including Hiring Parties, will use the Caryn Model & Talent Agency web site properly or in compliance with the policies applicable to them. Caryn Model & Talent Agency DOES NOT GUARANTEE that any member will successfully obtain a role or employment of any kind as a result of membership in or use of Caryn Model & Talent Agency. Your sole and exclusive remedy for any dispute with Caryn Model & Talent Agency is the cancellation of your membership as detailed below or the termination of your use of Caryn Model & Talent Agency. 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 damages incurred by third parties. Such limitation shall apply, without limitation, to the cost of procurement of substitute services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the site or any services or information 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.

VI. INDEMNIFICATION

You agree to indemnify an hold Caryn Model & Talent Agency 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, or your violation of any rights of another.

VII. NO GUARANTEE OF SERVICE

Caryn Model & Talent Agency provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically Caryn Model & Talent Agency reserves the right at any time to modify or discontinue temporarily the service or any part thereof with or without notice. You agree that Caryn Model & Talent Agency shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

X. DISCLAIMER OF WARRANTIES

As a member, you agree that the use of this site is entirely at the member'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 merchantability, fitness for a particular purpose and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.

XII. DURATION OF MEMBERSHIP/ CANCELLATION

The term of your membership begins on the date you register as a member of Caryn Model & Talent Agency and will continue for 90 days per photo file, unless extended or it is otherwise canceled by Caryn Model & Talent Agency pursuant to this Terms of Service Agreement. You can cancel your membership at any time by delivering notice to Caryn Model & Talent Agency via email sent to cindy@carynmodels.com or leaving your account innactive

You understand and agree that the cancellation of membership is your sole right and remedy with respect to any dispute with Caryn Model & Talent Agency. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this agreement, or Caryn Model & Talent Agency's application of this agreement, (2)any policy or practice of Caryn Model & Talent Agency, (3)the content available on Caryn Model & Talent Agency, (4)the internet or any change in content provided through Caryn Model & Talent Agency; or (5)your ability to access and/or use Caryn Model & Talent Agency and its services.

XIII. NO RESALE OF SERVICES

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.

XIV. GENERAL PROVISIONS

The failure of Caryn Model & Talent Agency to exercise of enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions off this agreement to 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 this agreement must be filed within one(1) year after such claim or cause of action arose or be forever barred.