Terms and conditions for Tittygram models
By sending your application to become Tittygram Model you agree to the following terms and conditions (hereinafter the “Agreement” or the “Terms”).
If you do not agree to these Terms, do not send your application to us.
If the activity of the Model in accordance with this Agreement and the Site is not allowed in your state of residence, you shall not become a Model and shall not send your application to us.
By sending your application to us, you represent and warrant that you are 21 or more years old and that the activity described herein and elsewhere on the Site is legal in your state of residence.
Once you register as a Model, you will have access to the Model’s account that contains some additional information and may contain some additional terms and conditions that are incorporated into this Agreement by reference.
By accepting these Terms, You represent and warrant that you have learned the way the Model should work and have watched our demonstration video posted on the Site.
We reserve the right to modify the Terms without notice at any time.
1. DEFINITIONS
“Model” or “You” – you, a female person 21 years old or older, submitting a“selfie” photo in accordance with the requirements set forth on the Site and the Greeting that You receive from Us
“Site” - http://tittygram.com/ website
“Image” – a “selfie” photo of You with the Greeting, taken in accordance with the requirements set forth herein or elsewhere on the Site that You provide to Us by uploading it on the Site or otherwise
“Greeting” – a text string prepared by Customer that You receive from Provider that shall not be longer than 35 characters and shall not contain any text, image, graphics or any other information that is in any way unlawful in any state of the world, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable or extremist; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other Intellectual Property rights; or contain or promote politically sensitive or controversial issues
“Provider”, “We”, “Us”- Tittygram
“Customer” – an individual or an entity that orders creation of the E-Card
"E-Card" - a JPEG image created by You that contains the Greeting and that may be modified by Us as we see appropriate
“Intellectual Property” – right to intellectual property objects as defined in international treaties and applicable law, including but not limited to, copyright, patent rights, trademark rights and trade secrets.
2. SUBJECT OF THE AGREEMENT
2.1. You agree to create for Us the Image and assign all Intellectual Property rights in and to the Image in accordance with this Agreement for remuneration.
2.2. You also agree that You have no claims in respect of any Image rights and that Provider may use the Image in any way including, but not limited to, use in the E-Card and that Provider has no obligation to indicate Your name while using the Image and You agree to the anonymous use.
2.3. You agree that You may not use the Image in any way and have no rights in and to the Image other than moral rights that cannot be assigned under applicable law.
3. ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS AND IMAGE RIGHTS
3.1. You fully assign to Us all Intellectual Property rights in and to the Image to the fullest extent permitted by applicable law, including all copyrights, including the right to reproduce the Image, to modify the Image and create any derivative works, to publicly display the Image, to communicate and make the Image available to the public and any other rights under copyright as provided by the applicable law for the whole duration of copyright and other Intellectual Property rights as defined by the applicable law for the whole period of duration of such Intellectual Property rights. The Intellectual Property rights including copyrights shall be assigned within the territory of the whole world without any limitations.
3.2. You fully assign and transfer to US all rights in and to the Image without any time limits andto the maximum time period permitted by the applicable law and agree that You have no rights and no claims in respect of the Image. The Image rights shall be assigned within the territory of the whole world without any limitations.
3.3. You will assist Us in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Agreement, to obtain and enforce Intellectual Property Rights relating to the Image and the Image rights in all countries.
4. OBLIGATIONS OF MODEL
4.1. You are responsible for compliance with the laws of Your state of residence and performance of all respective obligations, including, but not limited to any tax obligations. More detailed information about complying with tax obligations in certain jurisdictions is provided in the Model’s account.
4.2. You shall be fully responsible for use of the appropriate and safe colors and any make up as well as any equipment and technology used during the Image making process. We provide special guidelines for the safe use of colors in the Model’s account.
4.3. Provider uses its best efforts to ensure that the Greeting complies with the definition of the Greeting contained herein and does not contain any information that is contrary to such definition, however cannot guarantee that, since the Greeting is created by Customer. You shall immediately inform us if the Greeting that You receive from Us is contrary to the definition of the Greeting and you shall not create Image in such a case before You receive an approval from Provider.
5. REMUNERATION
5.1. Your remuneration shall be calculated on a following basis: 3 USD per Image.
5.2. The remuneration above shall be Your full and complete remuneration for the services You provide to Us and includes the remuneration for the assignment of all Intellectual Property rights and image rights in and to the Image.
5.3. The remuneration shall be paid to You within five (5) business days as follows: the remuneration is paid to the Model’s account in a respective payment system.
5.4. Provider reserves the right at its sole discretion to apply higher remuneration rate and bonuses.
6. PERSONAL INFORMATION
6.1. We only collect the following information from You: Your nickname/user name, electronic mail address and Your account in one of the following payment systems: Qiwi or Yandex.Money.
6.2. We do not collect or process in any way any other information associated with You, including any information that can be used to establish Your identity.
6.3. We respect Your privacy and comply with the privacy regulations in accordance with the applicable law.
7. TERM AND TERMINATION
7.1. The Agreement is made and shall be effective without time limitation with every party having a right to terminate the Agreement at any time and such termination shall become effective immediately.
7.2. You may delete your Model account at any time.
8. FINAL PROVISIONS
8.1. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
8.2. This Agreement constitutes the entire agreements between You and Provider and supersedes any and all previous agreements, written or oral, between You and Provider, including previous versions of the Terms.
8.3. This Agreement shall governed by and is to be construed in accordance with the laws of the Russia. All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Russia.