TERMS OF SERVICE
Last updated January 1, 2025

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you (“you,” “your,” or “user”), whether personally or on behalf of an entity, and NYC Model Castings (“Company,” “we,” “us,” or “our”), concerning your access to and use of the nycmodelcastings.com website, any related media forms or channels, and any mobile website or mobile application (collectively, the “Site”). By accessing or using our Site, you agree to be bound by all of these Terms. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY. We reserve the right, in our sole discretion, to change or modify these Terms at any time. When changes are made, we will update the “Last updated” date at the top of this page. You waive any right to receive specific notice of each such change, and your continued use of the Site means you accept the changes. If you do not agree with any updated Terms, discontinue use of the Site.

NO AGENCY RELATIONSHIP & NO GUARANTEE OF EMPLOYMENT
NYC Model Castings provides a platform and community primarily focused on portfolio-building, networking, and showcasing. We are not a talent agency, employer, or representative. We do not offer or guarantee any employment, representation, or paid bookings. Any “castings,” “photoshoots,” or “opportunities” displayed on the Site are solely for informational or promotional purposes, and selection of participants is at the discretion of the casting entity. Your use of the Site does not form an employment relationship with NYC Model Castings. We do not represent models, photographers, or other creatives. Any communications or arrangements you enter into with other users or third parties are strictly between you and those parties. Castings, photoshoots, and other events offered through the Site are generally intended for portfolio-building or promotional purposes, and we make no guarantee or promise of future work, compensation, or career advancement.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos (the “Marks”) are owned or licensed by us, and are protected by intellectual property laws. You are granted a limited license to access and use the Site for your personal, non-commercial use. All rights not expressly granted herein are reserved.

USER REPRESENTATIONS
By using the Site, you represent and warrant that:

1. You have the legal capacity to agree to these Terms under the laws of your jurisdiction.
2. You are at least 18 years of age, or if you are under 18, you access the Site under the direct supervision of a parent or legal guardian who agrees to these Terms on your behalf.
3. You will not use the Site for any unlawful or unauthorized purpose.
4. You will provide true, accurate, current, and complete information and update such information as necessary.
5. You understand that any agreements, consents, or permissions required by law for minors are the responsibility of the parent or guardian. If you are a minor, you do not enter into legal agreements directly with NYC Model Castings; your parent or guardian must accept these Terms on your behalf and is fully responsible for your use of the Site.

USER REGISTRATION
You may be required to register to access certain features. You agree to keep your password confidential and take full responsibility for all activities under your account. We reserve the right to remove or modify your username if, in our sole discretion, it is inappropriate or otherwise objectionable. You must verify your email before accessing certain Site functionalities. Failure to verify or comply with these Terms may result in suspension or removal of your account.

PROHIBITED ACTIVITIES
You shall not:
• Violate any applicable law.
• Use the Site to advertise or sell unauthorized goods/services.
• Upload or transmit harmful code, viruses, or spam.
• Harass, abuse, or harm another user.
• Attempt to bypass any security feature.
• Collect data from the Site for competitive purposes without our consent.
A violation of these Terms may result in immediate termination or suspension of your account.

USER GENERATED CONTRIBUTIONS
The Site may invite you to create or post content (“Contributions”), such as text, photos, or other media. By posting Contributions:
• You represent you own or have the rights to distribute such content.
• You agree your Contributions may be viewable by others.
• You authorize us to use, display, or distribute your Contributions as set forth in these Terms.

CONTRIBUTION LICENSE
By posting Contributions, you grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, reproduce, sell, reformat, or distribute those Contributions in any media now known or hereafter developed. You retain full ownership of your Contributions, subject to the rights granted to us in these Terms.

GUIDELINES FOR REVIEWS
If you post reviews or ratings:
• You must have firsthand experience with the person or entity reviewed.
• You must not post false, misleading, or offensive content.
• We reserve the right to edit or remove reviews at our sole discretion.

MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, you are granted a revocable, non-exclusive, non-transferable license to install and use the app on your device in accordance with these Terms and applicable app store rules.

SOCIAL MEDIA
You may link your account with certain third-party social networking sites. By doing so, you grant us access to any information, data, or content stored in those third-party accounts, as governed by their privacy settings and terms.

SUBMISSIONS
Any feedback or suggestions you provide regarding the Site become our sole property, and we have the right to use such material without compensation or acknowledgment to you.

THIRD-PARTY WEBSITES AND CONTENT
Our Site may contain links to third-party websites or content. We do not endorse or assume liability for any third-party websites, products, or services. Your interactions with third-party sites are solely between you and those sites.

SITE MANAGEMENT
We reserve the right, but not the obligation, to monitor the Site for violations of these Terms, remove inappropriate content, and manage the Site in a manner that protects our rights and property.

PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy, which is incorporated by reference into these Terms. By using the Site, you consent to the collection and use of your information in accordance with the Privacy Policy.

COPYRIGHT INFRINGEMENTS
If you believe content on our Site infringes your copyright, please notify us following the process set out in the Digital Millennium Copyright Act (DMCA) or applicable law.

TERM AND TERMINATION
We reserve the right to terminate or suspend your account at any time for any or no reason, including breach of these Terms. Upon termination, you must stop using the Site and may not create a new account without our permission.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, suspend, or discontinue any part of the Site at any time without notice. We will not be liable if all or any part of the Site is unavailable at any time or for any period.

GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. You agree to submit to the jurisdiction of the state and federal courts located within Hudson, New Jersey, for any disputes arising out of these Terms or the Site.

DISPUTE RESOLUTION
You agree to first attempt to resolve any dispute informally by contacting us in writing. If unresolved after 30 days, either party may proceed to binding arbitration administered by the American Arbitration Association (AAA). You understand you are waiving the right to a jury trial. Arbitration will take place in Hudson, New Jersey, unless otherwise required by AAA rules or applicable law. We each retain the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

CORRECTIONS
There may be typographical errors or omissions on the Site. We reserve the right to correct any errors and to update information at any time without prior notice.

DISCLAIMER
The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Site is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that any content on the Site is accurate or complete, and we are not responsible for any errors, omissions, or interruptions of service.

LIMITATIONS OF LIABILITY
In no event shall NYC Model Castings or its employees be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Site, participation in any casting, or booking any photoshoot. Our total liability to you for any cause whatsoever shall not exceed the amount paid by you to us in the six (6) months prior to the claim or $100 USD, whichever is less.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses (including attorneys’ fees) arising out of your use of the Site, your breach of these Terms, or your violation of any third-party rights.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY
By participating in any NYC Model Castings events, photoshoots, or related activities, you assume all risks associated with such participation. You agree that NYC Model Castings and its affiliates shall not be held liable for any injuries, accidents, or damages arising from or related to your participation, whether caused by negligence or otherwise. We do not control the actions of third-party casting directors, photographers, or other users. Any arrangement or contract with such third parties is solely between you and them.

USER DATA
We will maintain certain data you provide for the purpose of operating the Site. However, we are not liable for any loss or corruption of data. You agree to maintain backup copies of any data you submit.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us and agree that such communications satisfy any legal requirement that they be in writing. You also agree to the use of electronic signatures.

CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

MISCELLANEOUS
These Terms and our Privacy Policy constitute the entire agreement between you and us. No joint venture, partnership, employment, or agency relationship is created by these Terms. If any provision is found unlawful or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision.

CONTACT US
If you have any questions, complaints, or comments about these Terms or the Site, please contact us by clicking on the “Contact” button in the footer. By using the Site, you acknowledge that you have read and understood these Terms and agree to be bound by them.