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Legal Advice


I. TERMS AND CONDITIONS FOR THE USE OF MODELSOFTHEWORLD.COM


1. General Conditions and their acceptance

These general condition (hereafter, the “General Conditions”) govern the use of the Website modelsoftheworld.com (hereafter, the “Website”) that the Company Models Of the World Corporation (hereafter, “modelsofworld.com”) offers to Internet Users.The use of the Website grants the condition of user of the Website (hereafter “the “User”) and expresses the full acceptance and without reservation for the User of each and every one of the General Conditions in the version published for modelsoftheworld.com at the same time in which the User accedes to Web Site. In consequence, the User should read carefully, the General Conditions every time he intends to use the Web Site.The use of certain services offered to the Users through the Web Site (hereafter, the “User”), is submitted to Special Conditions (hereafter, “Special Conditions”) proper to the User that in certain cases, substitute, complement or modify the General Conditions. Prior to using such services, the User should read carefully, the respective Special Condition.Also, the use of the Web Site is subject to all notices, regulations of use and instructions for the information of the User of www.modelsoftheworld.com, that complement that which provided in these General Conditions, insofar as they are not in conflict with them.

2. Object

Through the Web Site, www.modelsoftheworld.com facilitates and offers the User an access and utilization of various services and promotional content and information relative to the world of fashion, placed at the disposition of the Users by modelsoftheworld.com or by third Users of the Web Site or third providers of services and contents (hereafter, the “Services”). modelsoftheworld.com reserves its right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Web Site, as well as the Services and the conditions required for the use of the Web Site and the Services.

3. Conditions of access and use of the Web Site.

3.1 Free access and use of the Web Site

The general access to the modelsoftheworld.com Web Site has free character for the Users and does not demand a prior subscription or register of Users. However, the use of some Services can only made subscription or register of the User, in the manner in which it is expressly indicated in its corresponding Special Conditions, being able in such cases to generate charges in favor of modelsoftheworld.com.

3.2 Users Register

modelsoftheworld.com reserves some of the Services offered through the Web Site to the Users registered in modelsoftheworld.com through the respective Users Register available through the following URL: www.modelsoftheworld.com/register. En both cases the User agrees to select, use and keep its User name (hereafter “Login”) and its password (hereafter, “Password”( (hereafter and jointly to “Access Passwords”) in conformity with the provisions of clauses 3.2.1. and 3.2.2 of these General Conditions.

3.2.1 Assignment of Access Codes


The User will elect and indicate his own Access Codes. The User will not choose as Login words, expressions or ill-sounding graphic-denominative combinations that are offensive, brand co incidentals, commercial names, establishment labels, corporate names, advertising slogans, names and pseudonyms of well-know public or famous personalities whose authorization is not given and, in general, contrary to law or to the demands of morality and custom generally accepted. The assignment of the Access Codes is made automatically and the only criterion used is that there have not been any previous codes that are identical to those elected by the User. Failing election by the User, the Access Codes will automatically assigned by modelsoftheworld.com. In such case, the User may, at any time, change them with any other, provided they are in conformity with the foregoing paragraph.

3.2.2. Care and Custody.

The User agrees to do due diligence in the use of the Access Codes, as well as to avoid allowing third parties the use of the Access Codes. The User agrees to advise modelsoftheworld.com. as soon as possible of any loss or theft of the Access Codes, as well as of any other exposure to access by third parties.

3.3
Agrees to make correct used of the Web Site and of the other Services.

The User agrees to use the Web Site and the Services in accordance with the law and these General Conditions, as well as with morality and customs generally accepted and public order.The User agrees to abstain from using the Web Site and the Services for the purposes and unlawful effects that are contrary to those established in these General Conditions, that are injurious to the rights and interests of third parties, or in a manner that could cause damage, disable, overload or cause deterioration of the Web Site and the Services or to impede the normal use or enjoyment of the Web Site and of the Services by the Users.

3.4
Means for obtaining the Contents.

The User should abstain from obtaining, including, trying to obtain information, messages, graphs, drawings, sound or image files, photographs, tapings, software and, in general, any type of materials accessible through the Web Site or of the Services (hereafter, the “Contents”) employed by them; through means or procedures that may have been placed at their disposal to such effect or that may have been indicated to such effect in the Web pages where the Contents are found or, in general, from which they may be used habitually in the Internet to such effect, always provided they do not damage or disable the Web Site, to the Services or to the Contents.

3.5 Correct Use of Contents.

The Use agrees to use the Contents in a diligent, correct and lawful manner and, in particular, agrees to abstain from
(a) using the Contents for purposes or effect contrary to law, to morals and good manners generally accepted or to public order;
(b) to reproduce or copy, distribute, allow access of the public through any modality of public information, transfer or modify the Contents, unless it has the authorization of the owner of the Contents, unless it has the authorization of the owner of the corresponding rights, particularly intellectual rights, or those that are legally permitted;
(c) suppress, elude or manipulate the “copyright” and other identifying data on the rights of modelsoftheworld.com or of the owners incorporated in the Contents, as well as the technical devices of protection, the fingerprints or any other data mechanism that could be found in the Contents.

3.6 The use of the Services offered on the Web Site in accordance with the Anti-Spamming Policy of modelsoftheworld.com.

The User is under the obligation to use the Services in accordance with the Anti-Spamming Policy of modelsoftheworld.com and in particular, it agrees, only for enunciation without limitation, to abstain from

(I) to send advertising of any type and information with sales purpose or other commercial nature to a plurality of persons without prior request or consent,

(II) to send any other type of unsolicited message or previously consented to, to a plurality of persons,

(III) to send unsolicited electronic group messages without prior consent,

(IV) to use distribution lists accessible through the Web Site o through the Services for the carrying out of the activities indicated in the clauses (I) to (III) above,


(V) to place at the disposal of third parties, with whatever purpose, data captured from distribution lists.Users that are injured by non-solicited messages received, aimed at a group of persons, should advise modelsoftheworld.com by sending a message for the account of legal@modelsoftheworld.com

3.7 Introduction of hyperlinks that will allow access to the Web pages of the Web Site and to the Services.


The Users and generally, those persons that intend to establish a Hyperlink between the Web and the Web Site (hereafter, the “Hyperlink”) should comply with the following conditions,

(a) the Hyperlink will only permit access to the web pages of the Web Site, but it may not permit access to the web pages of the Web Site, but will not permit the reproduction in any form;


(b) No Hyperlinks shall be established with the web of the Web Site, different from the “homepage” or first page of the Web Site or of the Services;

(c) No “browser” shall be established or a “border environment” on the web pages of the Web Site (also known as “deep linking”);

(d) no false, inexact or incorrect manifestations or indications will be made on he web pages of the Web Site and the Services and, particularly, it will not be stated, or be allowed to believe, that modelsoftheworld.com has authorized the Hyperlink or that It has supervised or assumed in any manner, the Contents or Services offered or placed at the disposal of the web page in which the Hyperlink is established;

(e) an exception is made for the signage that is a part of the same Hyperlink, the web page where the Hyperlink is established shall not contain any trade-mark, commercial name, label of the establishment, denomination, logotype, slogan or other signage belonging to modelsoftheworld.com;

(f) the web page in which the Hyperlink is established, shall not contain information or unlawful content that is contrary to morality and good manners generally accepted, and to the public order, and also, shall not have contents that are contrary to any rights held by third parties.The establishing of the Hyperlink does not imply, in any case, the existence of a relationship between modelsoftheworld.com and the owner of the web page where it is established, nor the acceptance or approval by modelsoftheworld.com of its Contents or Services, in virtue of which modelsoftheworld.com is not responsible for damages they may cause.

4. Data of a Personal Character

To make use of some of the services, the Users should provide previously to modelsoftheworld.com, certain data of a personal character (hereafter called “Personal Data”). modelsoftheworld.com will deal in an automated manner with Personal Data with the purpose, and under defined conditions in its Policy on the Privacy of Personal Date published in the URL Privacy Policy.


5. The use of the Web Site, of the Services and of the Contents is under the sole responsibility of the User.
The User if aware of, and voluntarily accepts that the use of the Web Site, the Services and the Contents, takes place, in any case, under his sole and only responsibility.


6. Exclusion of Guarantees and of Responsibility.


6.1 Exclusion of guarantees and of responsibility for the performance of the Web Site and of the Services.

6.1.1.Disposal and continuity, utility and fallibility

modelsoftheworld.com does not guarantee the disposability and continuity of the performance of the Web Site and of the Services. When it is reasonably possible, modelsoftheworld.com will alert previously of any interruptions of the performance of the Web Site and of the Services. modelsoftheworld.com, also, it will not guarantee the utility of the Web Site and of the Services for the realization of any activity in particular, nor infallibility and, especially, although no exclusively, that the User may effectively use the Web Site and the Services, accede to the various web pages that make the Web Site or those from which service is provided.modelsoftheworld.com excludes any responsibility for damages of all types that could be due to the lack of availability or of continuity in performance of the Web Site and of the Services, or the fraudulence of utility that the Users would have attributed to the Web Site and to the Services, to the fallibility of the Web Site and to the Services, and in particular although not exclusively, to the failures in the access to the various web pages of the Web Site o to those that provide the services.

6.1.2. Privacy and Security in the utilization of the Web Site and of the Services.

modelsoftheworld.com agrees to maintain its web page in good state of service and the data belonging to the User, doing a diligent maintenance of the same. However, it will not undertake to warrant the privacy and security of the utilization of the Web Site and of the Services and, in particular, it does not guarantee that unauthorized third parties could become aware of the type, conditions, characteristics and circumstances of the use the Users make of the Web Site and of the Services.


6.2 Exclusion of the warranty and of liability for the Contents


6.2.1 Quality

modelsoftheworld.com does not contract nor does it warrant the absence of virus not of other elements in the contents that could produce alterations in its computer system (software and hardware) o in its electronic documents and files stored in its computer system.modelsoftheworld.com exclude any liability for damages of any kind that could be due to the presence of a virus or to the presence of other elements in the contents that could produce alternations in the computer system, electronic documents or User files.


6.2.2
Legality, reliability and utility


modelsoftheworld.com does not warrant the legality, reliability or utility of the contents.modelsoftheworld.com excludes any liability for damages of all kinds that could be caused by the transmission, diffusion, storage, availability, reception, obtaining and access to the Contents, and in particular, although not being limitative, for damages caused by (a) violation of a law, the morality and good manners generally accepted o public order as a consequence of the transmission, diffusion, storage, availability, reception, obtaining or access to the contents; (b) the violation of the rights of intellectual and industrial property or rights of author, of entrepreneurial secrets, of contractual obligations of any kind, to the rights of honor, to personal and family intimacy and to the personal image, of property rights and all kinds of belongings of third parties as a consequence of the transmission, diffusion, storage, availability, reception, obtaining or access to the contents; (c) the performance of disloyal competition and unlawful publicity as a consequence of the transmission, diffusion, storage, availability, exactness, exhaustion, relevance or timeliness of the Contents; (e) the inadequacy of any kind of purpose of, and defrauding of the expectations generated by the Contents; (f) the default, delay in performance, faulty performance or termination for any reason of contractual obligations by third parties and contracts entered into with third parties through, or by reason of the access to the Contents; (g) own-vice and defects of all kinds in the Contents transmitted, diffused, stored or made available to those that may accessed through the Web Site and the Services.

6.2.3. Exclusion of Warranty and exoneration from liability for Services and Contents lodged outside the Web Site.


modelsoftheworld.com excludes any liability for damages of all kinds that could be caused by the lack of veracity, exactitude, exhaustiveness or timeliness of the Contents lodged outside the Web Site.

6.3 Exclusion of warranty and of liability for services rendered by third parties through the Web Site
.

6.3.1 Quality


modelsoftheworld.com
does not control nor does it warrant the absence of virus not of other elements in the Services it provides to third parties through the Web Site that could produce alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system.modelsoftheworld.com excludes any liability for damages of any kind that could be caused by the presence of virus o to the presence of other injurious elements in the Services provided by third parties through the Web Site that could produce alteration in the computer system, electronic documents or User files.

6.3.2 Legality, reliability and utility


modelsoftheworld.com
does warrant the legality, reliability and utility of the Services provided through the Web Site.modelsoftheworld.com excludes any liability for damages of any kind that could be caused by the Services provided by third parties through the Web Sites, and in particular, even though on an exclusive manner, for damages that could arise from (a) violation of the law, the moral and good manners generally accepted or the public order as a consequence of the provision of Services by third parties through the Web Site; (b) the violation of intellectual property rights, of entrepreneurial secrets, of contractual obligations of any type, of the rights of honor, to the personal and family intimacy and the image of persons, of the property rights and all other kind of belongings to a third party as a consequence of the provision of services to third parties through the Web Site; (c) the carrying out of disloyal competition and illegal publicity as a consequence of the provision of Services by third parties through the Web Site; (d) the lack of veracity, exactitude, exhaustiveness, relevancy or timeliness of the Contents transmitted, diffusions, storages, received, obtained, placed at the disposition or accessible through the services provided by third parties though the Web Site; (e) the inadequacy for any type of purpose of, or defrauding of expectations generated by the services provided by third parties through the Web Site; (f) default, delay in compliance, defective compliance or termination for any cause of contractual obligations by third parties and contracts entered into with third parties in relation to, or for the purpose of providing services through the Web Site; (g) own-vice and defects of all kinds of Services provided by third parties through the Web Site.



6.4 Exclusion of warranties and responsabilities for the information, Contents and Services hosted outside the web site


The Web Site place technical linking devices at the disposal of Users, such as links, banners, buttons; as well as directories and navigation tools that will allow the User to access web sites belonging to or managed by third parties (hereafter named, “Linked Sites”). The installation of these links, directories and search tools in the Web Site has the only purpose of facilitating for the Users the search of, and access to the information, Contents and Services available on the Internet. modelsoftheworld.com ford not offer, nor does it merchandize in own name nor through third parties, the information, Contents and Services available in the Linked Sites, nor does it have prior control, approval, overseeing nor makes its own. The User, therefore, should be extremely prudent in the assessment and utilization of the information, Contents and Services existing in the Linked Sites.modelsoftheworld.com ford no warrant nor does it assume any kind of liability for damages of any kind that could be caused by (a) the performance, availability, accessibility or continuity of the Linked Sites; (b) the maintenance of the information, Contents and Services, existing in the Linked Sites; (c) the provision or transmission of information, Contents and Services existing in the Linked Services; (d) the quality, legality, reliability and utility of the information, Contents and Services existing in the Linked Sites, in the same terms and to the same extent available in relation to the Contents and of the Services provided by third parties through the Web Site.


6.5 Exclusion of warranties and liability for the use of the Web Site, of the Services and of the Contents by the Users


modelsoftheworld.com
does not have the obligation, nor does it control the utilization that Users make of the Web Site, of the Services and of the Contents. modelsoftheworld.com is not under obligation for, nor does it control the utilization Users make of the Web Site, of the Services and of the Contents. In particular, modelsoftheworld.com does not warrant that the Users use the Web Site, the Services and Contents in accordance with these General Condition and, instead, the Special Conditions that may be applied, nor that will do so in a diligent and prudent manner. modelsoftheworld.com does not have the obligation of verifying and it does not verify the identity of the Users, nor the veracity, currency, exhaustibility or authenticity of the of the information provided of themselves to other Users. modelsoftheworld.com exclude any liability for damages of any kind that could arise from the utilization of the Services and of Contents by the Users o that could arise from the lack of veracity, currency, exhaustibility or authenticity of the information that the Users provide to other Users about themselves and, in particular, even though not in an excluding manner, for damages of all kinds that could be due to the supplanting the personality of a third party carried out by an User of any kind of communication made through the Web Site.

7. No license


modelsoftheworld.com
does not award any license or authorization of use of any type on the property rights of industrial and intellectual property or over any other property or right related to the Website, the Services or the Contents.

8. Denial and withdrawal of access to the Website or to the Services.
modelsoftheworld.com
reserves the right to deny or withdraw access to the Website or to the Services, at any time and without the need of prior notice to those Users who violate these General Conditions or the Particular Conditions of application.


9. Procedure in the event of unlawful activities.
In the event that any User o a third party considers that there are facts of circumstances that reveal an unlawful character of the use of any Content or of the carrying out of any activity in the web pages included in or accessible through the Website, and, in particular, of the violation of the rights os intellectual or industrial property (patents, models or industrial drawings, trade-marks and trade names, etc.) o other rights; such parties should sent a notice to modelsoftheworld.com wherein are contained the following considerations,
(a) Personal Information: name, address, telephone number and electronic mail of the claimant;
(b) specifying the alleged unlawful activity on the Website and, in particular, when an alleged violation of the rights, indicating with precision and specifics of the protected Contents, as well as the location on the web pages;
(c) facts or circumstances that evidence an unlawful activity;
(d) in the alleged violation of rights, authentic signature or equivalent, with the personal information of the holder of the rights allegedly violated or of the person authorized to act in his name and for his account;
(e) expressed statement, clear and un the responsibility of the claimant that the information being provided in the notice is exact and of the unlawful character of the use of the contents or of the carrying out of unlawful activities described.These notices should be sent to legal@modelsoftheworld.com

10. Duration and termination.


The provision of services on the Website and the other Services have, in principle, an indefinite duration. modelsoftheworld.com, however, is authorized to terminate o suspend the provision of service of the Website or of any other Services at any time, without prejudice to whatever may have been provided in the corresponding Particular Conditions. When reasonably possible, modelsoftheworld.com shall give prior notice of termination or suspension of the provision of services on the Website and of the other Services.



11. Applicable Law and domicile


These General Conditions shall be governed by the law of the laws of the Republic of Barbados and the Barbadian courts shall have jurisdiction over the controversies that may arise from its application and interpretation. The parties elect as sole and special and exclusive domicile, the city of Bridgetown, to the jurisdiction of whose courts they expressly agree to submit.For any suggestion or proposal in cooperation, please write to us at our e-mail: legal@modelsoftheworld.com

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