Please read these terms carefully. We reserve the right to add, delete or otherwise modify portions of these terms at any time, so please check back regularly. These terms and conditions also apply to the use of our mobile application available on [iPhone or Android] devices.
Last updated Nov 30, 2014.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Site without notice. Mode will not be liable if for any reason the Site is unavailable at any time or for any period.
By using the Site, you represent, warrant and covenant that (a) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (b) you shall make timely and satisfactory payment for any products or services purchased by you on or in connection with the Site and (c) all registration information, including, without limitation, payment information (including credit card and debit card information), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or Mode suspects that such information is untrue, inaccurate, not current or incomplete, Mode has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use by you of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
In order to access and use certain content, features, or functionality of the Site including, without limitation, placing an order or reviewing your customer account, we shall require you to register for the Site and have a unique username and password combination (the " User Credentials ") and provide certain additional information, which may include, without limitation, your name, address and email address (collectively, a " User Account").
The Site has been prepared for the purpose of being a platform for storing and sharing photos and other data and for providing information about Mode. Mode makes no representation or warranty of any kind including as to the completeness or accuracy of any of the information the Site contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Mode makes no commitment, and disclaims any duty, to update any of the information on the Site.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, representations warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
The Site is provided on an "as-is", "as-available" basis and we shall have no liability for any direct, indirect or consequential loss or damages incurred by any user in connection with this Site or in connection with the use, inability to use, or results of the use of this Site, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise.
You agree to defend, indemnify and hold Mode and its respective partners, members, contributors, organizers, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers (collectively, the "Company Indemnitees") harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Site or (b) your breach or violation of these terms. Mode reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MODE AND THE COMPANY INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, THE SITE MATERIAL, THE SITE SERVICES, THE USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
Unless otherwise noted, the Site as well as the content and layout of the Site are the exclusive property of Mode or are used with permission and may not be reproduced or distributed, in whole or in part, without the prior written consent of Mode, except for personal (and not commercial) display and use.
Some of the links available to you through the Site will allow you to leave the Site. Such external internet sites and their content are not under the control of Mode, and Mode makes no representations and disclaims all liability with respect to such sites and materials. The links are provided only for your convenience, and their inclusion does not constitute nor imply approval or endorsement by Mode of the sites or their content. You may not provide hyperlinks to the Site without the prior written consent of Mode.
The courts of the Province of British Columbiawill have exclusive jurisdiction over any claim arising from, or related to, a visit to this website. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, interpreted and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
When you register for the Site, we may ask you for your name, email address, billing address, credit card information and for your consent to receive commercial electronic messages from us. [If you sign up for a trial/free account, you will not be asked to provide any credit card information.]
We use this information primarily for billing and contact purposes, but also for research and to improve our products and services.
We also collect and store the files and other information you upload. This is how you share your stuff, send messages to other users and recommend our service.
As a general rule, we won't share your information with other websites, nor will we sell your information to other companies. However, because our goal is to connect our users with talent and modelling agencies ("Agencies") we do share certain information about our users that allows these Agencies to select our users for various engagements. When that information is provided to Agencies, we ensure that your name, address and other similar personal information is not provided.
We use this information for the purposes that authorize. For example, if you do not want to receive emails from us or from third-party businesses, you can opt out here Cancel Email Notifications
Exceptionally, we will share your information in limited circumstances, including:
You’ve requested a product or service. Information shared with third party service providers remains confidential, and will only be shared if you authorize it.
We need to prevent or take action with regards to illegal activity, suspected fraud or threats to somebody's physical safety.
We are compelled by law to produce your information.
Cookies make everything a lot easier. When you visit the Site, we send a small amount of data to whatever browser you use. That data is stored on your hard drive and is used when you return to the Site.
Cookies remember your browsing history and preferences to help tailor your experience on our Site and make navigation smoother. [To make sure nobody accidentally accesses your account, permanent cookies are not used on the Site.]
Mode is committed to protecting your information. While no service such as Mode can guarantee data security as the information threat landscape is constantly changing, we regularly review and enhance our security protocols and procedures in an effort to provide the highest level of protection for the information you provide to us.
Mode is a platform for storing and sharing and collaborating with photos and data. The service enables you to make some of your information public. By "public", we mean you authorizing photos and profile to be shared with others, commenting on publically available photos, profiles and engagements, or linking your account to other social media platforms that you currently use. Once you have opted to make information public, we can no longer protect that information for you.
We will retain your information and make it available for use in the Mode system for as long as your account is active. You can deactivate your account at any time. We will keep some of your information necessary to comply with legal requirements and to resolve conflicts. If you want to leave us permanently, we will do our best to delete all your information as soon as possible.