Please read these carefully before using the Models Culture websites (the “Service”) operated by models culture (“us”, “we”, or “our”). Your access and use of the services condition based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to bind by these Terms on your behalf. By accessing or using the Services, you agree to bind by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Content 

Our Service allows you to be “post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).” You are responsible for the Content that you submitted to post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any, and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that:

(i) The Content is yours (you own it), or you have the right to use it and grant us the rights and license as provided in these Terms. And (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that, (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation. (ii) The Content will not or could not be reasonably consider as obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, and liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v) the Content does not bring the Service or us into disrepute. You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request. We are under no obligation to regularly monitoring the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. You acknowledged and agreed that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

Accounts

When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Web Sites

Our Service may contain links to third-party websites or services that unowned or controlled by models culture. Models culture has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that models culture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged caused by or in connection with the use of or reliance on any such content, goods or services available or through any such websites or services. We only provide links to external websites, as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms, which by their nature should survive termination or shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection in addition to that. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access and use of services. You agreed to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities. Including but not limited to legal fees and expenses, relating to any claim arising out, or relating to your access to and use of the service, or your breach of these Terms and any applicable law, or the rights of another person or party.

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

Blog posts will have deleted only, after six months from its publication on Models Culture Blog. No refund policy once it is posted and even deleted.  Models Culture Magazine spreads will remain posted once it has published online.

Limitation of Liability

You agree that we shall not be liable for any damages suffered because of using the Service, copying, distributing, or downloading Content from the Service. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection, and backup of data and equipment used in connection with your usage of the Service and will not, make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the preceding, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on, an “AS IS” and “AS AVAILABLE” basis. The Services provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Models Culture its subsidiaries, affiliates, and its licensors do not warrant that

  1. a) The Service will function uninterrupted, secure or available at any particular time or location
  2. b) Any errors or defects be corrected by editors
  3. c) The Service is free of viruses or other harmful components or
  4. d) The results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by, any failure of performance. Such as error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, and destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website (Site). In this Privacy Policy we, us or our means Models Culture Media. When we collect, store and use your personal information, we do so in accordance with the rules set down by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

Thank you for submitting to Models Culture Media.

We are thrilled to have you as a part of our publication. Before submitting, though, we ask that you carefully read over and sign our feature form. Our feature form is here to ensure that all contributing parties protected and fully understand the terms of publication.  Should after reading this you have any questions or concerns feel free to e-mail us at support@modelsculture.com

By submitting to Models Culture, you are providing us permission to crop, make basic edits, and select from your submitted content. We do not guarantee that all photos accepted will be use. As a submission based magazine we provide contributors with a professional and curated platform to highlight their work, as such, and knew that we do not pay for submissions. Any expense or cost incurred from your shoot, done so at your risk and expense. All submissions can be considering for our cover. However, not guaranteed. We reserve the right to make last minute changes.

By submitting this form Models Culture, you at this moment state that you are in fact 18 years of age or older. You and your constituents agree to hold harmless Models Culture media, its owners, employees and acting agents/constituents. In addition, upon submission, you and all of your constituents agree to have any rights revoked in a court of law. As a professional digital entity, we take what we do here very seriously, and ask that all contributing submitters do the same. In the interest of everyone involved with Models Culture, we ask that models maintain a high standard of professionalism and understand that once images have published in Models Culture, they are now legally the property of the media and shall remain published as such. If a special circumstance arises Models Culture media, is more than willing to help and address any issues that models, artists and photographers may have after publication.

We are thrilled to be able to offer our platform to fashion talents, creatives and brands, but ask that should you wish be featured in our publication that you carefully consider all of the above.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 30 days’ notice before any new terms taking effect. It is your sole responsibility the periodically check these terms for any changes. If you do not agree with any of the changes to these terms, it is your sole responsibility to stop using the service. Your continued use of the service will be deeming as your acceptance thereof.

Contact Us

 

If you have any questions about these Terms, please contact us.

Magazine, App and Blogs Submission Terms and Conditions

Thank you for submitting to Models Culture media.  The feature will give your four pages guarantee in the Models Culture magazine after approval. A blog post on this website, which will also be available on, Facebook Page Articles News, App, Instagram and Pinterest.

In our Blog feature, we will embed some of your Instagram photos so that the readers will be redirect to your account. Moreover, we will add a contact form in which they will contact you directly from the portfolio created for you from a service with this privilege. 

Were thrilled to have you as a part of our publication. Before submitting, we ask that you carefully read over our feature form. Our feature form is here to ensure that all contributing parties protected and fully understand the terms of publication.  Should after reading this you have any questions or concerns feel free to e-mail us at support@modelsculture.com.

By submitting to Models Culture, you are providing us permission to crop, make basic edits, and select from your submitted content. We do not guarantee that all photos accepted will be use in the magazine. However, we will post it on other forms of publication mentioned above. The magazine is digital item, which will allow us to include detectable links in the magazine (digital). Models Culture Magazine made it available on Print-On-Demand via printing company the most trusted print-on-demand provider for Euro, and a printing company in USA for United States customers, the most trusted print-on-demand provider. Models Culture has the right to sell these issues our app or other digital magazine platforms.  Models Culture will make one issue free for fifteen to thirty days from its release date. Models Culture is not responsible for any fees even you have paid to be in the magazine.  All submissions can be considering for our cover. There are two types of covers on our releases. The front and back cover.

By submitting this form Models Culture, you at this moment state that you are in fact 18 years of age or older. You and your colleagues, agree to hold harmless Models Culture, its owners, employees and acting agents. Moreover, by submitting, you and all of your colleagues agree to have any rights revoked in a court of law. As a professional digital entity, we take what we do here very seriously, and ask that all contributing submitters do the same. All submissions will be prioritizing according to the quality of the photos you sent and the answers based on the answers you have provided. The period we gave, you on our communications and correspondents are approximate and may change without prior notice. You do not have the right to complain and demand. Models Culture reserves it right to delete entries for whatever reason.

If you avail to any paid service for Models Culture, our Editor-in-Chief will be contacting you directly for the feature. Models Culture requires high-resolution photos for the magazine. If you have failed to send us the required photos (at least 3MB file size, 300dpi), we will not be able to feature you until we receive the photos required. Models Culture has the right to delay your feature even you have paid for the feature. We do not refund once you published to Models Culture Blog and Social Media platforms, Models Culture will have to wait until the photos required received.

Feature for the magazine can be earlier than the expected date of publication if you have paid for the Package, but no later than the date, you have purchased. To check the issue, you are featured is under your responsibility.

Due to the high volume of Instagram Promotions we received, the promotion may take a few weeks (3-9 weeks). Refund will not be issue once published on our Blog and the campaign already been created. Models Culture has the right to choose from the photos you submitted to post on our Instagram accounts. We have the right to refuse your request/demand regarding the Instagram posts, if you have any. If your photos are not fashion related and you paid for Instagram promotion, we will still be posting your blog to Models Culture Blog but we will not be posting for Models Culture Instagram Page. We will however create a section for you and add your photos to one of our Pinterest boards. Creating or promoting your photos and business to our Pinterest account is normally $208.88 for 10 photos, however, additional fee will not be required once you paid for Instagram promotion.

As of September, 2021, all unapproved entries who purchased any add-ons refunded in full within 15 business days. If you have not received your refund within 15 business days, please contact payments@modelsculture.com.

In the interest of everyone involved with Models Culture, we ask that models maintain a high standard of professionalism and understand that once images published in Models Culture, they are now legally the property of the magazine and shall remain published as such. If a special circumstance arises Models Culture, is more than willing to help/ address any issues that talents, brands and creatives (models, photographers, designers, labels, stylists, creative directors, makeup artists, hair stylists, illustrators, stylists, re-touchers and agencies) may have after publication.  Were thrilled to have you as a part of our publication. Before submitting, we ask that you carefully read over our feature form. Our feature form is here to ensure that all contributing parties protected and fully understand the terms of publication.  Should after reading this you have any questions or concerns feel free to e-mail us at support@modelsculture.com.

We are proudly be able to offer our platform to fashion talents, creatives and brands, but ask that should you wish to be feature in our publication that you carefully consider all of the above.

By submitting this form to Models Culture, you at this moment state that you are in fact 18 years of age or older. You and your colleagues, agree to hold harmless Models Culture, its owners, employees and acting agents. Moreover, by submitting, you and all of your colleagues agree to have any rights revoked in a court of law. As a professional digital entity, we take what we do here very seriously, and ask that all contributing submitters do the same.

In the interest of everyone involved with Models Culture, we ask that models maintain a high standard of professionalism and understand that once images published in Models Culture, they are now legally the property of the magazine and shall remain published as such. If a special circumstance arises Models Culture, is more than willing to help/ address any issues that talents, brands and creatives (models, photographers, designers, labels, stylists, creative directors, makeup artists, hair stylists, illustrators, stylists, re-touchers and agencies) may have after publication.

We are thrilled to be able to offer our platform to fashion talents, creatives and brands, but ask that should you wish to be feature in our publication that you carefully consider all of the above.

Models Culture offers more than just a publication. Models Culture, our parent company, created every possible platform for exposure and highlighting the talents and amazing works you have done in your career. In Models Culture, we offer similar platforms that you can take advantaged.

The submission is free of charge and guarantees you four pages in the magazine, a blog post on this website, which will also be available on Models Culture Facebook Page, and social media platforms.

Update: October 31, 2018

Payments and Fraud Transactions

Submitting to Models Culture is free and we do received submission instantly until selecting a paid package and add-ons completed. Models Culture does not, and will not own your images.

If you have chosen any service and add-ons from the form, your submission is on cue, listed, and required you to complete your submission. If you decide to not take any services, please leave the page as your entry has already submitted once you click “complete now” button. Publication takes place depends on your required services. If no service or add-ons selected, your submission on list, for future reference when you decide to have a service from us.

As mentioned on this page you own the copyright, you have the right distribute, publish and authorize Models Culture for your publication to our platforms (Website, App, Magazine, Blog and Social Media). We will use the photo credits you provided us.  Models Culture would never own it.

Payments are not refundable once we have published you to our blog. Recently, we have received a few “fraud” or “product not received” cases with payments that some clients make. Their banks have successfully credited their money bank; businesses like ours suffer from the chargebacks. Not only clients who reported their transaction fraud even they knowingly made the purchase and hurt our record (through Stripe and PayPal), the business will also have to pay the chargeback fee of $15.00.

Having said that, when the dispute occurs, and the bank decided in “your” (the client) favor, we will then go to the extra investigation through our third party partners and check the following information:

Geolocation checks

IP address, device, and email risk analysis

Credit card information

Transaction data

Network reputational analysis

When our records show that you are the owner of the credit card information yet you reported the transaction as Fraud; you, therefore, give Models Culture the ownership of the materials you submitted. We will take necessary actions against “you” (the consumer, the person who proceeded with the transaction, the person who reported the transaction as fraud) to avoid such deals to happen again to other businesses. It is important to make sure that you check your credit card information and contact us at support@modelsculture.com if you have questions about a transaction, before reporting it as Fraud.

Effective September 01, 2021 

DATA PROCESSING ADDENDUM

This Host and Mailchimp Data Processing Addendum forms part of and is subject to the provisions of, the Models Culture Terms of Service. Capitalized terms that are not define in this Data Processing Addendum have the meanings set forth regarding Service.

1. Additional Definitions.

The following definitions apply solely to this Data Processing Addendum:

a.) The terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in UE Protection Law (European Union General Data Protection Regulation (EU) 2016/679 (the GDPR)..

b.) “Breach” means a breach of the Security Measures resulting in access to Host and Mailchimp’s equipment or facilities storing Your Controlled Data and the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Your Controlled Data transmitted, stored or processed by Host and Mailchimp on your behalf and instructions through the Services.

c.) “Content” means your User Content and any content provided to us by your End Users, including without limitation text, photos, images, audio, video, code, and any other materials.

d.) “EU Data Protection Law” means any data protection or data privacy law or regulation of Switzerland or any European Economic Area (“EEA”) country applicable to Your Controlled Data, including, as appropriate, the GDPR and the e-Privacy Directive 2002/58/EC.

e.) “GDPR” means the EU General Data Protection Regulation 2016/679.

f.) “Security Measures” means the technical and organizational security measures set out here.

g.) “Sub-Processor” means an entity engaged by Models to process Your Controlled Data.

h.) “Your Controlled Data” means the personal data in the Content processes on your behalf and instructions as part of the Services, but only to the extent that you are subject to EU Data Protection Law in respect of such personal data. Your Controlled Data does not include personal data when controlled by us, including without limitation data we collect (including IP address, device/browser details and web pages visited before coming to Your Site) concerning your End Users’ interactions with Your Site through their browser and technologies like cookies.

2. Applicability.

This Data Processing Addendum only applies to you if you or your End Users are data subjects located within the EEA or Switzerland and only applies in respect of Your Controlled Data. You agree that Models Culture is not responsible for personal data that you have elected to process through Third Party Services or outside of the Services, including the systems of any other third-party cloud services, offline or on-premises storage.

3. Details of Data Processing.

3.1 Subject Matter. The subject matter of the data processing under this Data Processing Addendum is Your Controlled Data.

3.2 Duration. As between you and us. The duration of the data processing under this Data Processing Addendum determined by you. 

3.3 Purpose. The purpose of the data processing under this Data Processing Addendum is the provision of the Services initiated by you from time to time.

3.4 Nature of the Processing. The Services as described in the Agreement and initiated by you from time to time.

3.5 Type of Personal Data. You Controlled Data related to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services by instructions given by your Account.

3.6 Categories of Data Subjects. You, Your End Users and any other individuals whose personal data is included in Content.

4. Processing Roles and Activities.

4.1 Models Culture as Processor and You as Controller. You are the controller and Models Culture pace is the processor of Your Controlled Data.

4.2 Models Culture as Controller. Host and Mailchimp may also be an independent controller for some personal data relating to you or as End Users. Please see our Privacy Policy and Terms of Service for details about this personal data, which we control. We decide how to use and process that personal data independently and use it for our purposes. When we handle personal data as a controller, you acknowledge and confirm that the Agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your End Users’ interactions with Your Site, you receive that as an independent data controller and are responsible for compliance with EU Data Protection Law in that regard.

4.3 Description of Processing Activities. We will process Your Controlled Data to provide you with the Services, as may be use, configured or modified from within your Account (the “Purpose”). For example, depending on how you use the Services, we may process Your Controlled Data:

(a) To enable you to integrate content or features from a social media platform on Your Site; or

(b) To email your End Users on your behalf.

4.4 Compliance with Laws. You will ensure that your instructions comply with all laws, regulations and rules applicable about Your Controlled Data and that Your Controlled Data is collected lawfully by you or on your behalf and provided to us by you following such laws, rules and regulations. You will also ensure that the processing of Your Controlled Data by your instructions will not cause or result in us or you were breaching any laws, rules or regulations (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security according to the Agreement and making an independent determination as to whether the Services meet your requirements and legal obligations as well as your obligations under this Data Processing Addendum. Models Culture host will not access or use Your Controlled Data except as provided in the Agreement, as necessary to maintain or provide the Services or as required to comply with the law or binding order of a governmental, law enforcement or regulatory body.

5. Our Processing Responsibilities.

5.1 How We Process.

We will process Your Controlled Data for the Purpose and by the Agreement or instructions; you give us through your Account. You agree that the Agreement and the instructions provided through your Account are your complete and final documented instructions to us to your Controlled Data. Additional guidelines outside the scope of this Data Processing Addendum require prior written agreement between you and us, including agreement on any other fees payable by you to us for carrying out such instructions. We will promptly inform you if in our opinion, your instructions infringe applicable EU Data Protection Law, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure prohibited by applicable law on important grounds of public interest, such as a prohibition under the law to preserve the confidentiality of a law enforcement investigation or request.

5.2 Notification of Breach. 

We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a Breach for which notification to you is required under applicable EU Data Protection Laws. We will to assist you in complying with your notification obligations under Articles 33 and 34 of the GDPR, provide you with such information about the Breach as we are reasonably able to disclose to you, taking into account the nature of the Services, the information available to us and any restrictions on publishing the information such as for confidentiality. Our obligation to report or respond to a Breach under this Section is not and will not be construe as an acknowledgement by Host and Mailchimp of any fault or liability of Host and Mailchimp concerning the Breach. Despite the preceding, Host and Mailchimp’s obligations under this Section do not apply to incidents that are cause by you, any activity on your Account and Third-Party Services.

5.3 Notification of Inquiry or Complaint. 

We will provide you notice if permitted by applicable law, upon receiving an inquiry or complaint from an End User. Or other individual whose personal data is included in your Content, or a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of Your Controlled Data that we process on your behalf and instructions.

5.4 Reasonable Assistance with Compliance. 

We will, to the extent that you cannot reasonably do so through the Services, your Account or otherwise, provide reasonable assistance to you in respect of the fulfillment of your obligation as controller to respond to requests by data subjects under Chapter 3 of the GDPR, taking into account the nature of the Services and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance.

5.5 Security Measures. 

We will maintain the Security Measures. We may change these Security Measures but will not do so in a way that adversely affects the security of Your Controlled Data. We will take steps to ensure that any natural person acting under our authority, who has access to Your Controlled Data, does not process it except on our instructions. Unless such person is required to do so under applicable law and that personnel authorized by us to process Your Controlled Data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory duty of confidentiality.

5.6 Sub-Processors. 

You agree that we can share Your Controlled Data with Sub-Processors to provide you with the Services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors, to impose contractual obligations on any further sub-contractors which they engage to process Your Controlled Data. Which provide the same level of data protection for Your Controlled Data in all material respects as  the contractual obligations imposed in this Data Processing Addendum, to the extent applicable to the nature of the Services provided by such Sub-Processor. A list of our current Sub-Processors is available upon request by sending an email to support@modelsculture.com. Provided, that your objection is reasonable and related to data protection concerns, you may object to any Sub-Processor by sending an email to support@modelsculture.com. If you object to any Sub-Processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of Your Controlled Data by the objected-to Sub-Processor. If we are unable to make possible such suggested change within a reasonable period, we will notify you, and if you still object to our use of such Sub-Processor, you may cancel or terminate your Account or, if possible, the portions of the Services that involve the use of such Sub-Processor. Except as outlined in this Section 5.6, if you object to any Sub-Processors, you may not use or access the Services. You consent to our use of Sub-Processors as described in this Section 5.6. Except as outlined in this Section 5.6 or as you may otherwise authorize, we will not permit any Sub-Processor to access Your Controlled Data. Host and Mailchimp will remain responsible for its compliance with the obligations of this Data Processing Addendum. Moreover, for any acts or omissions of any Sub-Processor or their further sub-contractors that process Your Controlled Data, and cause Host and Mailchimp to breach any of Host and Mailchimp’s obligations under this Data Processing Addendum, solely to the extent that Host and Mailchimp would be liable under the Agreement if the act or omission were Host and Mailchimp’s own.

5.7 Models Culture Audits. 

Models Culture may (but is not obliged to) use external or internal auditors to verify the adequacy of our Security Measures.

5.8 Customer Audits and Information Requests.

You agree to exercise any right you may have to conduct an audit or inspection by instructing Models Culture to carry out the examination described in Section (5.7). You agree that you may be required to agree to a non-disclosure agreement with Models Culture before we share any such report or outcome from such audit with you and that we may redact any such statements, as we consider appropriate. If Models Culture does not follow such instruction or if it is legally mandatory for you to demonstrate compliance with EU Data Protection Law by means other than reviewing a report from such an audit, you may only request a change in the following way:

a.) First, submit a request for additional information in writing to Models Culture, specifying all details required to enable Models Culture to review this request effectively, including without limitation the information requested, what form you need to obtain it in and the underlying legal requirement for the application (the “Request”). You agree that the Request will be limited to information regarding our Security Measures.

b.)Within a reasonable time after we have received and reviewed the Request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the Request can be address. You and we decide to use the least intrusive means for Host and Mailchimp to verify Models Culture’s compliance with the Security Measures in order to send the Request. Taking into account applicable legal requirements, information available to or that provided to you the urgency of the matter. Moreover, the need for Models Culture to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of Models Culture or our users’ information.

c.) You will pay our costs in considering and addressing any Request. Any information and documentation provided by Models Culture or its auditors under this Section 5.8 will be presents at your expense. If we decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected Paid Services.

5.9 Questions.

Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this Data Processing Addendum. Where such information is not, otherwise available to you, we shall provide you with written responses, if you agree not to exercise this right more than one (1) time per the calendar year (unless it is necessary for you to do so to comply with EU Data Protection Law). The information be made available by Models Culture under this Section 5.9 is limited to solely that information necessary, taking into account the nature of the Services and the information available to Models Culture, to assist you in complying with your obligations under the GDPR in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with Host and Mailchimp before we share any such information with you. 

5.10 Requests.

You can delete or access a copy of some of Your Controlled Data through your Account. For any of Your Controlled Data which may not be removed or obtained through your Account. Upon your written request, we will, with respect to any of Your Controlled Data in our or our Sub-Processor’s possession that we can associate with a data subject. Subject to the limitations described in the Agreement and unless prohibited by applicable law or the order of a governmental law enforcement or regulatory body:

(a)Return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable Paid Services; or

(b)Delete, and request that our Sub-Processors remove, such data (excluding in the case of (a) or (b) any of such data, which archived on back-up systems, which we shall securely isolate and protect from any further processing, except to the extent required by applicable law). Otherwise, we will delete Your Controlled Data following our data retention policy. This Section 5.10 does not apply to personal data held by Third Party Services.

6. Data Transfers.

You authorize us to transfer Your Controlled Data away from the country in which such data originally collected. In particular, you allow us to transfer Your Controlled Data to the US. We will transfer Your Controlled Data to outside the EEA using the Swiss-U.S. and EU-U.S. Privacy Shield Frameworks or another legal data transfer mechanism that recognized under EU Data Protection Law as providing an adequate level of protection for such data transfers.

7. Liability.

The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Models Culture. In relation to Your Controlled Data that arise as a result of or in connection with your failure to comply with your obligations under this Data Processing addendum. Alternatively, EU Data Protection Law shall reduce Models Culture’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.

8. Conflict.

In the event of a conflict between this Data Processing Addendum and the Terms of Service, this Data Processing Addendum will control.

9. Miscellaneous.

You are responsible for any costs and expenses arising from Models Culture Compliance with your instructions or requests under the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by Host and Mailchimp generally through the Services.

10. Blog Publication

You allow Models Culture to publish your Name, Last Name, and Email (hidden) but addressed for public filling the form to contact you, and all the information you answered for the editorial interview, but not your telephone Number.

In general, you are allow to request removal of your blog publication after six months from the original publication date and the magazine publication is final. Instagram, Facebook and Pinterest publication are final and cannot be remove from our social media.

Terms and conditions may change without prior notice.

Models Culture

Founder

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Models Culture

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