Deballz.Com Terms and Conditions
User Agreement
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AGREEMENT
- 1.1 Deballz.Com is a service of DEBALLZ DOT COM
that is provided to you subject to the terms and conditions herein,
all amendments thereto, and any operating rules, policies or guidelines
provided to you in this service or in any other form (collectively
referred to as the "Terms and Conditions")
- 1.2 In the event of any conflict or discrepancy
between the provision of the various documents collectively forming
these Terms and Conditions, such conflict. discrepancy or ambiguity
shall, for the purposes of the interpretation and enforcement
of these Terms and Conditions be resolved by:
- 1.2.1 giving the provision contained
in these Terms and Conditions priority.
- 1.3 You are agreed to abide all the Terms and
Conditions herein, all amendments thereto, and any operating rules,
policies or guidelines.
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DESCRIPTION OF SERVICE
- 2.1 “Deballz.Com”
refers to the Service; an online portal which advertises models,
actors, photographers and producers is a service of DEBALLZ DOT COM,
- 2.2 ”Service” refers
to a public access general purpose online portfolio for models,
actors, actress, photographers and anyone who registered to the
Service; to display, marketing, and communication on a professional
level between models, photographers and agents.
- 2.3 To use to this Service,
you have to register yourself through our online registration
form provided in Deballz.Com
- 2.4 "Subscription Fee" refers to the amount that you paid for the service.
- 2.5 "Blacklisted" refers to any talents or models that have been barred from any casting or commercial for a period not more than 3 years or otherwise stated.
- 2.6 "Active Account" refers to the account with ACTIVE PORTFOLIO.
- ACCOUNT INFORMATION
- 3.1 You represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of your origin country
or other applicable jurisdiction. You also agree to:
- 3.1.1
provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and
- 3.1.2 maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or Deballz.Com
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Deballz.Com has the right
to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
- 3.1.3 Deballz.Com
is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children
under the age of 18 who wish to allow their children to participate
to the Service must have a permission obtained from the parents
or guardians. Deballz.Com assumes that children under the age
of 18 have obtained a permission from their parents or guardians
before registering into this Service.
- PORTFOLIO AND CONTENT
- 4.1 You understand that all
information, data, text, photographs, graphics, video, messages
or other materials ("Portfolio"), whether publicly posted
or privately transmitted, are the sole responsibility of the person
from which such information or data is originated. This means
that You, and not Deballz.Com, are entirely responsible for all
the content that you upload, post, email, transmit or otherwise
make available via the Service.
- 4.2 Deballz.Com does
not control the information submitted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of
such content.
- 4.3 You understand that
by using the Service, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will Deballz.Com
be liable in any way for any content, including, but not limited
to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
Service.
- 4.4 Deballz.Com reserves the
right to change or modify portfolio information or any content
as needed and without notice.
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REQUEST TO TERMINATION
- 5.1 For Active Account with, the termination of the account will take please in any of the following
- 5.1.1 Request to terminate the account via email to casting@deballz.com
- 5.2 For Not Active Account or Status with 'PENDING', 'READY2SHOOT' & 'APPOINTMENT', your account will be terminated within 48 hours after the request.
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Confidentiality
- 6.1 Any communication or material
you post or transmit to the Service and/or the Sites is, and will
be treated as, non-confidential and non-proprietary. You assume
full responsibility for anything you post or transmit, and you
grant Deballz.Com and its affiliates the right to edit, copy,
publish and distribute any information or content you post or
transmit for any purpose that related to this Service.
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Proprietary Rights
- 7.1 All the proprietary right (including photos,
contents, title, patent rights, trademark and copyright) in the
Deballz.Com or any part hereof shall at all time vest and remain
vested with the Deballz.Com or, where the said proprietary rights
are owned by third party, with the third party.
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Suspension, Termination and Blacklist
- 8.1 You may terminate the use of this Service by
giving prior written notice to the Deballz.Com via email or ordinary
postal service.
- 8.2 Deballz.Com may terminate or suspend any account
which is believe to be inactive or invalid without notified to
you.
- 8.3 Any un-used balance of Subscription Fee will be automatically void.
- 8.4 Your membership will be barred (Blacklisted) by not appearing to any confirmed job or commercial for not more than 3 years.
- 8.5 Any jobs. projects, castings that introduced by Deballz are under Deballz absolute right to represent. Should the talents with intent to exclude the Agency to any jobs, projects and casting, The Agency has a right to suspend, terminate and additional fee of losses by The Agency will be imposed to your account at the discretion of The Agency.
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Notice
- 9.1 Deballz.Com will periodically sending you a
notice or news to your last known email or postal address.
- 9.2 Any jobs or offers will be sent to your last
known email or mobile.
- 9.3 You are advise to check your email frequently
and update your contact information in order to stay up-to-date
with Deballz.Com
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Sexually Explicit
- 10.1 Deballz.Com has a stated
policy regarding the posting of sexually explicit images to its
web pages. Sexually explicit images are not permitted on this
site. Sexually explicit images include but are not limited to
images of sexual intercourse, obvious states of sexual arousal
(erections), or overt sexual positions (such as noticeably visible
or spread genitalia). Failure to adhere to this restriction will
result in the removal of the images, and the disablement of that
member portfolio. Consistent misclassification (rating) or categorization
of images may result in the forced setting of ratings and in gross
violations may result in the removal of your portfolio.
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Fees & Charges
- 11.1 In consideration of the DEBALLZ DOT COM
making the available to you to this Service and use of Deballz.Com,
you should pay the fees and charges as set out below:-
11.1.1 |
Registration Fee |
FREE |
11.1.2 |
Fee that applicable
to models who would like to be listed at Deballz.Com provided
that they already have portfolio in a high resolution quality as per Deballz.Com templates. |
Please Register / Login for latest pricing. |
11.1.3 |
Fee that applicable
to models who would like to create a complete portfolio (Photoshoot and Listing at Deballz.Com) |
Please Register / Login for latest pricing. |
- 11.2 All payment could be made directly to any
of our agents or through bank under DEBALLZ DOT COM (Malaysia) or via PAYPAL.
- 11.2 These Fees and Charges will be changed from
time to time without any notices given to you. You are advise
to stay up-to-date with us to get lastest promotions.
- 11.3 A agency fee up to 40% or otherwise stated will be reflected to your pay for any commercial or jobs offered to you via the service of deballz.com. This agency fee will be deducted automatically in every payment you received from deballz.com or the party that offerings you such commercial or job.
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Refund
- 12.1 Deballz.Com will refund for any paid service in the following cases:-
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Cases |
Refund |
12.1.1 |
Cancel on Photoshoots, Seminar or Workshop by us |
100% |
12.1.2 |
Self withdrawal / Absence from any photoshoot, Seminar or Workshop |
No refund |
12.1.3 |
Printed Material |
No refund |
12.1.6 |
Deballz Postpone on any photoshoots or any seminars or workshops |
No refund |
12.1.7 |
Paid Fees for Blacklisted Talents |
No refund |
- 12.2 There will be no refund for any photoshoots, seminars, workshops or anything that haven been completed or duly completed.
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FORCE MAJEURE
- 13.1 Notwithstanding anything herein, Deballz.Com
and / or DEBALLZ DOT COM and / or its affiliates shall not be responsible
in respect of anything which may or may not constitute a breech
of this Agreement, where it caused by an event which is beyond
the reasonable control of Deballz.Com, DEBALLZ DOT COM or its affiliates,
but not limited to acts of God, flood, drought, explosion, sabotage,
accident, embargo, riot, war, acts of terrorism, civil commotion
or civil authority, including acts of local government and parliamentary
authority, failure or malfunction of servers, Systems, or networks
or any telecommunication lines or devices all all other natural,
technological or political causes, and in such case Deballz.Com's
obligations under this Agreement shall be suspended for so long
as such event continues.
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Severability
- 14.1 You agree that if any provision and / or part
of this Agreement shall be held to be invalid or unenforceable
pursuant to applicable law, then the invalid and unenforceable
provisions and / or part shall be deemed superseded by a valid,
enforceable provision and / or part that most closely matches
the intent of the original provision and / or part and the remainder
of the other provision and / or part of the Agreement shall continue
in full force and effect.
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Law and Jurisdiction
- 15.1 This agreement shall be governed by the laws in Malaysia. If any provision of this agreement is wholly or partially unenforceable for any reason, such unenforceable provision or part thereof shall be deemed to be omitted from this agreement without any way invalidating or imparing the other provisions of this agreement.
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INDEMNITY and DISCLAIMER
- 16.1 YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:-
- 16.1.1 YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DEBALLZ.COM, DEBALLZ DOT COM NOR ITS AFFILIATES EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- 16.1.2 DEBALLZ.COM
AND / OR DEBALLZ DOT COM AND / OR ITS AFFILIATES MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- 16.1.3 ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED AND / OR SUBMITTED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
- 16.1.4 NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
DEBALLZ MEDIA ART OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND REGULATIONS.
- 16.1.5 YOUR ACCOUNT
WILL BE SUSPENDED AND NO FEES PAID WILL BE RETURN TO YOU IF
YOU FAILED TO ATTEND TO ANY DEDICATED PHOTO-SHOOT OR PHOTOSHOOT
AS AGREED AND DESCRIBE TO YOU.
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