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TERMS OF USE

Terms of Use for Registered Users

As of September 2017

I. Applicability

1. McFIT MODEL AGENCY GmbH (hereinafter: “McFIT MODEL AGENCY”) operates an online portal (hereinafter: “portal”) under the www.mcfitmodels.com domains. Users can set up an account within the portal and create a profile (hereinafter: “profile”) within this account with personal data and photographs, which may be viewed publicly by visitors to the portal. 

2. These Terms of Use govern the conditions for the establishment and maintenance of a profile within the portal. By setting up a profile, you are confirming that you have read and understood these Terms of Use and that you accept their validity. 

3. Use of the portal is free of charge. A claim against assured availability of use does not exist. 

4. Operator of the portal is McFIT MODEL AGENCY GMBH, Saarbrücker Straße 36a, 10405 Berlin, Germany. Further contact particulars, commercial register data and the name of the person authorised to represent the McFIT MODEL AGENCY are listed in the imprint. 

5. The latest applicable version of the Terms of Use can be accessed within the portal.

II. Eligibility for establishing a profile

1. You may only set up a profile in the portal if you are a member of McFIT GLOBAL GROUP. McFIT GLOBAL GROUP members are all those persons who have concluded a valid membership contract with McFIT GLOBAL GROUP GmbH; trial members of McFIT are excluded.

2. In addition, you may only set up a profile in the portal if you are 15 years old or older. If you are under 18 years of age, you may only set up a profile with the permission of your legal guardian. 

3. You may set up only one profile for yourself.

4. Your profile may be deleted when your McFIT GLOBAL GROUP membership expires. 

III. Establishment of and application for the profile, conclusion of contract

1. If you would like to set up a profile, click on the “Become” button. The establishment of a profile will require your e-mail address and some personal data (first and last names, date of birth, telephone or mobile phone number, address including street and house number, city and post code). You will also be required to provide your McFIT GLOBAL GROUP membership number but this will be used only to confirm that you are a McFIT GLOBAL GROUP member and that you are thus eligible to set up a profile.

2. You can upload several photos of yourself to your profile but you will be required to upload at least five. You will guarantee that you are the person pictured on the photos. You can also provide optional data (e.g. height, eye and hair colour, clothes size, type of sports you do, piercings, tattoos). 

3. After you have provided your data and uploaded your photos, you must accept the Terms of Use and privacy statement provisions. By submitting your data via the “REGISTER ” button, you are making a binding application to the McFIT MODEL AGENCY for the creation of your profile within the portal. 

4. Conclusion of contract, activation

A binding contract between you and the McFIT MODEL AGENCY for the use of the portal and the profile function will be deemed to exist upon activation of your account. Before activation, the McFIT MODEL AGENCY will check your application and the content of your profile in accordance with Section VII of these Terms of Use. You will be informed about activation via e-mail. Your profile will only be publicly visible for visitors to the portal after activation by the McFIT MODEL AGENCY. 

IV. Your duties of conduct within the portal

1. You are not permitted to post or upload any illegal content (in particular, obscene, pornographic, defamatory, offensive, or libellous text or pictures, or content that glorifies violence or incites hatred) to your profile.

2. The data in your profile (e.g. name, age, vital statistics, etc.) must be truthful. 

3. You are required to send an update to our support team should any of your details change (e.g. address or e-mail). If you provide any other optional information about your physical features, you are also required to send an update with this information to our support, should there be any changes (e.g. hair colour, piercings and/or tattoos). 

4. You must refrain from any activity that could impair or excessively burden the operation of the portal or the technical infrastructure which supports it or that makes illegal use of the copyright, trademark or otherwise protected content of the portal. This includes in particular:  

the use of software, scripts or databases in connection with the use of the portal;

blocking, overwriting, modifying, or copying of data and/or other content, insofar as this is not necessary for the proper use of the portal; 

the reproduction and/or distribution and/or making available to the public of any content accessible within the portal that is protected by copyright, trademark or other legal provisions, insofar as the McFIT MODEL AGENCY has not given its express permission for this, in writing and in advance. 

V. Use of names, photos and text by the McFIT MODEL AGENCY

1. You guarantee the McFIT MODEL AGENCY that you hold the rights to all photos and text posted in your profile or that the holder of the rights has given advance permission for the photos and text to be used in your profile. This means in particular that any persons pictured in photos have given their permission for the photos to be used and published, insofar as their permission is legally required. You guarantee the McFIT MODEL AGENCY that the uploaded photos do not infringe on the rights of a third party (e.g. copyright, trademark rights and privacy laws). 

2. You guarantee to release the McFIT MODEL AGENCY from all third-party claims concerning violation of copyright, trademark and privacy rights through the agreed use of the McFIT MODEL AGENCY and to compensate the McFIT MODEL AGENCY for all damages incurred as the result of any possible violation of third-party rights. This includes any legal defence costs incurred by the McFIT MODEL AGENCY (lawyer fees and court costs). 

3. You grant the McFIT MODEL AGENCY simple right of use, unlimited in terms of content, time and place, to your profile and the text and photos contained in it.  This right of use includes in particular:

a) to process photos, especially making them smaller, enlarging them, trimming them, dividing them, cutting them, or otherwise changing them through processing, and adding other photos, graphic elements or other works or parts of works to them, 

b) to reproduce the included photos and texts in unprocessed or processed form to any extent and to save them in physical form or electronically on data storage devices, 

c) to publish your profile, including the associated personal data, texts and photos, within the portal and to make it available to visitors to the portal, 

d) to make your profile, including the associated personal data, text and photos, in entirety or in part, processed or unprocessed, available to companies associated with the McFIT MODEL AGENCY in accordance with Section 15 of the AktG (Stock Corporation Act), within or outside Germany, or to third parties interested in cooperating with the McFIT MODEL AGENCY, and to grant simple right of use to these.  

The granting of the aforementioned rights to the McFIT MODEL AGENCY does not entitle you to any remuneration or reimbursement of expenses. 

VI. Use of unauthorised substances or practices

You guarantee the McFIT MODEL AGENCY that you do not take or use any illicit substances or methods (e.g. anabolic steroids) to enhance physical performance or physique (e.g. muscle mass or body weight). Excluded are prescription medications prescribed to you by a doctor.

VII. Checking and activation of the profile by the McFIT MODEL AGENCY

1. Before your profile is activated for publication within the portal, the McFIT MODEL AGENCY reserves the right to check the information you provided. The McFIT MODEL AGENCY will check in particular if you are entitled to set up a profile according to Section II of these Terms of Use. By agreeing to these Terms of Use, you are giving your consent to the McFIT MODEL AGENCY and the respective national subsidiary with which you have a membership contract (e.g. McFit GLOBAL GROUP GmbH, Tannenberg 4, 96132 Schlüsselfeld, Germany) that the McFIT MODEL AGENCY may transmit your McFIT membership number, your first and last names, and your date of birth to the national subsidiary for purposes of checking your McFIT GLOBAL GROUP membership, and that the national subsidiary may provide information to the McFIT MODEL AGENCY confirming that you are or are not a member. The McFIT MODEL AGENCY is also entitled to repeat this confirmation process at any time during the membership period as they see fit. Nevertheless, the McFIT MODEL AGENCY is not obliged to check the profile, in particular the accuracy of the information provided. 

2. As long as you are under 18 years of age, the McFIT MODEL AGENCY will only activate publication of your profile upon submission of a declaration of consent by your legal guardian stating their agreement to the setting up and publication of your profile. 

3. If there is any reason to suspect that your profile or its content violate these Terms of Use, the McFIT MODEL AGENCY is entitled to withhold or withdraw publication of your profile until the content has been checked or you have eliminated the source of the violation (e.g. inadmissible content in your profile). You will be informed as quickly as possible as to the status of your profile. 

4. Should your profile or its content violate these Terms of Use, the McFIT MODEL AGENCY is entitled at any time to exclude you from the portal and to delete your profile. In the case of deletion, you will have no entitlement to the backing up of your data. 

VIII. Term of contract, termination

1. The contract between you and the McFIT MODEL AGENCY for the use of portal services is valid for an indefinite period of time. 

2. The contract can be terminated by either party at any time subject to notice of two weeks to the end of the month. 

3. The right of the parties to terminate the contract for good cause without notice remains unaffected. Good cause shall exist in particular if you 

post illegal content and/or false information in your profile, 

cancel your McFIT GLOBAL GROUP membership (see Section II, 1 of these Terms of Use),

contravene Section VI of these Terms of Use. 

IX. Guarantee of availability and function of the portal 

The McFIT MODEL AGENCY endeavours to provide failure-free operation of the portal and to keep the portal available as continuously as possible. The McFIT MODEL AGENCY stresses, however, that a complete and uninterrupted availability of the portal is technically not feasible. The McFIT MODEL AGENCY does not provide any guarantee for failure-free operation or a certain availability of the portal. In particular, the McFIT MODEL AGENCY reserves the right to restrict access to the portal completely or partially, temporarily or permanently, due to maintenance, capacity restrictions, and due to other events beyond the McFIT MODEL AGENCY’s control. 

Additionally, no guarantee exists for the continuity of individual functions of the portal or for the continuity of the portal itself. Rather, the McFIT MODEL AGENCY is entitled at any time to change or remove the content, services and functions already existing within the portal and to make new content, services and functions available, or to suspend the portal altogether. In doing this, the McFIT MODEL AGENCY will take your legitimate interests into account and will announce major changes (in particular, a permanent suspension of the portal) in advance and in an appropriate manner. 

XI. Liability

1. The McFIT MODEL AGENCY is only liable for intent or gross negligence, regardless of legal reason. 

2. In the case of slight negligence, the McFIT MODEL AGENCY is liable only in breaches of such duties significant for the use of the portal by the user (cardinal obligations) and in these cases liability will be restricted collectively to the amount of the damage foreseeable at the start of use and typical of use. Cardinal obligations are those that enable correct use and the due performance of which the user may reasonably rely upon. 

3. These limitations of liability shall also apply in the case of damage being the fault of employees, vicarious agents or assistants, or members of the executive bodies of the McFIT MODEL AGENCY.

4. The liability limitations do not apply to personal injuries or in cases of unlimited statutory liability. 

XII. Data protection

Through use of the portal, your personal data will be collected and used by the McFIT MODEL AGENCY. The type and scope of the data collected and used is described in the privacy statement, which can be accessed through the portal at any time.

XIII. Final provisions

1. If one or more of the provisions of these Terms of Use is or becomes invalid, the validity of the remaining provisions will be in no way affected. 

2. The laws of the Federal Republic of Germany, under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), will apply. 

3. To the extent permitted by law, Berlin is the place of jurisdiction for all disputes arising from or relation to use of the portal, regardless of legal reason. 

4. The McFIT MODEL AGENCY is entitled to change or supplement these Terms of Use at any time. All changes or supplements to these Terms of Use are required to be made in writing in accordance with Section 126b of the German Civil Code (BGB). 

You will be notified of the changes or supplements with an appropriate period of notice by e-mail to the e-mail address provided by you. The changes or supplements will be considered accepted if you do not object to them in writing (e.g. letter, fax or e-mail). Your objection must be received by the McFIT MODEL AGENCY within four weeks of your receipt of the notification e-mail. If you exercise your right to object, the contract will be continued without the proposed changes or supplements. The rights of both parties to termination of the contract according to Section VIII remain unaffected. 

Cancellation right

As a registered user, you have the right to withdraw from your contract for the use of your profile within fourteen days without giving any reason. 

The cancellation period is fourteen days from the conclusion of the contract

To exercise the right of cancellation, you must inform us (McFIT MODEL AGENCY GmbH, Saarbrücker Str. 36a, 10405 Berlin, Germany, Tel.: +49 30 2100 35 600, Fax: +49 30 2100 35 615, E-Mail: info(at)mcfitmodels.com) of your decision to withdraw from your contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form but this is not obligatory. 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancellation before the withdrawal period has expired. 

Effects of cancellation

If you cancel this contract, we will return to you any services already received and any benefits obtained will be surrendered. This means that we will irrevocably delete your data (in particular any photos you have uploaded) within 30 days. Because we offer free-of-charge use of the portal, you are not required to pay compensation for any use of the portal up until the point of cancellation. 

If you want to cancel the contract, please fill out the form and send it to us.

Sample cancellation form

(If you want to cancel the contract, please fill out the form and send it to us.)

– To McFIT MODEL AGENCY GmbH, Saarbrücker Str. 36a, 10405 Berlin, Germany, Fax: +49 30 2100 35 615, E-Mail: info@mcfitmodels.com:

– I/We* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/ the provision of the following services* 

– Ordered on*/ received on *

– Name of the customer(s)

– Address of the customer(s)

– Signature of the customer(s) (only in the case of communication on paper)

– Date

_______________

* delete as appropriate

- End of statutory information on right to cancellation

Terms of Use for visitors to the portal

As of January 2014

I. Applicability

1. These Terms of Use govern the conditions for the use of our online portal (hereinafter: “portal”) in operation under the www.mcfitmodels.com domains, its content, and particularly in visiting the portal and viewing the profiles contained therein. 

By using the portal, you are confirming that you have read and understood the version of these Terms of Use currently valid at the time of use and that you accept their validity. If you do not accept these Terms of Use, you may not use the website. 

2. Use of the portal is free of charge. A claim against assured availability of use does not exist.

3. Access to the portal is available for visitors without registration. Registration is, however, required for setting up a profile. In this, the Terms of Use for registered users shall apply.

4. Operator of the portal is McFIT MODEL AGENCY GMBH, Saarbrücker Straße 36a, 10405 Berlin, Germany. Further contact particulars, commercial register data and the name of the person authorised to represent the McFIT MODEL AGENCY are listed in the imprint. 

5. The latest applicable version of the Terms of Use can be accessed within the portal.

II. Your duties of conduct within the portal

1. You must refrain from any activity that could impair or excessively burden the operation of the portal or the technical infrastructure which supports it or that makes illegal use of the copyright, trademark or otherwise protected content of the portal. This includes in particular:  

the use of software, scripts or databases in connection with the use of the portal;

blocking, overwriting, modifying, or copying of data and/or other content, insofar as this is not necessary for the proper use of the portal; 

the reproduction and/or distribution and/or making available to the public of any content accessible within the portal that is protected by copyright, trademark or other legal provisions, insofar as the McFIT MODEL AGENCY has not given you its express permission for this, or it is unequivocally intended as permissible use on the platform. 

2. In so far as copyright or performance-protected rights exist on the portal or its content, these rights are held by the McFIT MODEL AGENCY or by contractual partners of the McFIT MODEL AGENCY. You may use the content available in the portal only for your private purposes and guarantee that no content of the portal whatsoever, regardless of type, will be used for any other purpose. The reproduction of content available in the portal is permissible only for private use. Any other use of the information made accessible there as well as the passing of this information to third parties requires permission from the McFIT MODEL AGENCY, in writing and in advance.

III. Guarantee of availability and function of the portal

1. The McFIT MODEL AGENCY provides no guarantee for the up-to-date status, completeness, quality or correctness of the information and content made available in the portal. This applies particularly to the content of the available profiles.

2. The McFIT MODEL AGENCY endeavours to provide failure-free operation of the portal and to keep the portal available as continuously as possible. The McFIT MODEL AGENCY stresses, however, that a complete and uninterrupted availability of the portal is technically not feasible. The McFIT MODEL AGENCY does not provide any guarantee for failure-free operation or a certain availability of the portal. In particular, the McFIT MODEL AGENCY reserves the right to restrict access to the portal completely or partially, temporarily or permanently, due to maintenance, capacity restrictions, and due to other events beyond the McFIT MODEL AGENCY’s control. 

Additionally, no guarantee exists for the continuity of individual functions of the portal or for the continuity of the portal itself. Rather, the McFIT MODEL AGENCY is entitled at any time to change or remove the content, services and functions already existing within the portal and to make new content, services and functions available, or to suspend the portal altogether. In doing this, the McFIT MODEL AGENCY will take your legitimate interests into account and will announce major changes (in particular, a permanent suspension of the portal) in advance and in an appropriate manner. 

IV. Hyperlinks, responsibility for profile content

1. The webpages of the portal may contain links (so-called “hyperlinks”) to other websites in the internet, which are maintained by third parties. Any use of hyperlinks is at your own risk. The McFIT MODEL AGENCY only provides the connection to these websites and has no influence over the technical structure or content of these websites. The content of these linked websites does not belong to the McFIT MODEL AGENCY; rather, the McFIT MODEL AGENCY hereby expressly distances itself from all content of these linked websites. The McFIT MODEL AGENCY accepts no liability for the technical structure or content of the linked sites, especially for infringements on these sites of statutory provisions and third-party rights (e.g. copyright, trademark or privacy rights). 

2. Only the person who established and uses a particular profile (hereinafter: “profile owner”) is responsible in each case for the respective profile and its content. The McFIT MODEL AGENCY does not claim ownership of the profiles or their content. If an individual profile or its content infringe the rights of a third party or contain illegal content for any other reason, the respective profile owner alone will be liable for the breach of law.  The McFIT MODEL AGENCY strives to check profiles but accepts no liability for them, regardless of form. 

3. If the McFIT MODEL AGENCY becomes aware of illegal content on a linked website or within a profile, the McFIT MODEL AGENCY will remove the hyperlinks or the content from the portal immediately. For information regarding illegal content, please contact: info(at)mcfitmodels.com.

V. Liability

1. The McFIT MODEL AGENCY is only liable for intent or gross negligence, regardless of legal reason.

2. In the case of slight negligence, the McFIT MODEL AGENCY is liable only in breaches of such duties significant for the use of the portal by the user (cardinal obligations) and in these cases liability will be restricted collectively to the amount of the damage foreseeable at the start of use and typical of use. Cardinal obligations are those that enable correct use and the due performance of which the user may reasonably rely upon.

3. These limitations of liability shall also apply in the case of damage being the fault of employees, vicarious agents or assistants, or members of the executive bodies of the McFIT MODEL AGENCY.

4. The liability limitations do not apply to personal injuries or in cases of unlimited statutory liability. 

VI. Data protection

Please read our data privacy statement through carefully; you can access it here. 

VII. Final provisions

1. If one or more of the provisions of these Terms of Use is or becomes invalid, the validity of the remaining provisions will be in no way affected. 

2. The laws of the Federal Republic of Germany, under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), will apply. 

3. If you are a merchant according to the German Commercial Code (HGB), a legal person under public law or a special fund under public law, Berlin is the place of jurisdiction for all disputes arising from or relation to use of the portal, regardless of legal reason.

4. The McFIT MODEL AGENCY is entitled to change or supplement these Terms of Use; changes or supplements come into force at the point of their announcement within the portal. All changes or supplements to these Terms of Use are required to be made in writing in accordance with Section 126b of the German Civil Code (BGB). This also applies to a change to this provision. 

Cancellation right

As a registered user, you have the right to withdraw from your contract for the use of your profile within fourteen days without giving any reason. 

The cancellation period is fourteen days from the conclusion of the contract

To exercise the right of cancellation, you must inform us (McFIT MODEL AGENCY GmbH, Saarbrücker Str. 36a, 10405 Berlin, Germany, Tel.: +49 30 2100 35 600, Fax: +49 30 2100 35 615, E-Mail: info(at)mcfitmodels.com) of your decision to withdraw from your contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form but this is not obligatory. 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancellation before the withdrawal period has expired. 

Effects of cancellation

If you cancel this contract, we will return to you any services already received and any benefits obtained will be surrendered. This means that we will irrevocably delete your data (in particular any photos you have uploaded) within 30 days. Because we offer free-of-charge use of the portal, you are not required to pay compensation for any use of the portal up until the point of cancellation. 

If you want to cancel the contract, please fill out the form and send it to us.

Sample cancellation form

(If you want to cancel the contract, please fill out the form and send it to us.)

– To McFIT MODEL AGENCY GmbH, Saarbrücker Str. 36a, 10405 Berlin, Germany, Fax: +49 30 2100 35 615, E-Mail: info@mcfitmodels.com:

– I/We* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/ the provision of the following services* 

– Ordered on*/ received on *

– Name of the customer(s)

– Address of the customer(s)

– Signature of the customer(s) (only in the case of communication on paper)

– Date

_______________

* delete as appropriate

- End of statutory information on right to cancellation

Terms of Use for visitors to the portal

As of September 2017

I. Applicability

 

1. These Terms of Use govern the conditions for the use of our online portal (hereinafter: “portal”) in operation under the www.mcfitmodels.com domains, its content, and particularly in visiting the portal and viewing the profiles contained therein.

By using the portal, you are confirming that you have read and understood the version of these Terms of Use currently valid at the time of use and that you accept their validity. If you do not accept these Terms of Use, you may not use the website.

 

2. Use of the portal is free of charge. A claim against assured availability of use does not exist.

 

3. Access to the portal is available for visitors without registration. Registration is, however, required for setting up a profile. In this, the Terms of Use for registered users shall apply.

 

4. Operator of the portal is McFIT MODEL AGENCY GMBH, Saarbrücker Straße 36a, 10405 Berlin, Germany. Further contact particulars, commercial register data and the name of the person authorised to represent the McFIT MODEL AGENCY are listed in the imprint.

 

5. The latest applicable version of the Terms of Use can be accessed within the portal.

 

II. Your duties of conduct within the portal

 

1. You must refrain from any activity that could impair or excessively burden the operation of the portal or the technical infrastructure which supports it or that makes illegal use of the copyright, trademark or otherwise protected content of the portal. This includes in particular:  

 

the use of software, scripts or databases in connection with the use of the portal;

 

blocking, overwriting, modifying, or copying of data and/or other content, insofar as this is not necessary for the proper use of the portal;

 

the reproduction and/or distribution and/or making available to the public of any content accessible within the portal that is protected by copyright, trademark or other legal provisions, insofar as the McFIT MODEL AGENCY has not given you its express permission for this, or it is unequivocally intended as permissible use on the platform.

 

2. In so far as copyright or performance-protected rights exist on the portal or its content, these rights are held by the McFIT MODEL AGENCY or by contractual partners of the McFIT MODEL AGENCY. You may use the content available in the portal only for your private purposes and guarantee that no content of the portal whatsoever, regardless of type, will be used for any other purpose. The reproduction of content available in the portal is permissible only for private use. Any other use of the information made accessible there as well as the passing of this information to third parties requires permission from the McFIT MODEL AGENCY, in writing and in advance.

 

III. Guarantee of availability and function of the portal

 

1. The McFIT MODEL AGENCY provides no guarantee for the up-to-date status, completeness, quality or correctness of the information and content made available in the portal. This applies particularly to the content of the available profiles.

 

2. The McFIT MODEL AGENCY endeavours to provide failure-free operation of the portal and to keep the portal available as continuously as possible. The McFIT MODEL AGENCY stresses, however, that a complete and uninterrupted availability of the portal is technically not feasible. The McFIT MODEL AGENCY does not provide any guarantee for failure-free operation or a certain availability of the portal. In particular, the McFIT MODEL AGENCY reserves the right to restrict access to the portal completely or partially, temporarily or permanently, due to maintenance, capacity restrictions, and due to other events beyond the McFIT MODEL AGENCY’s control.

 

 

Additionally, no guarantee exists for the continuity of individual functions of the portal or for the continuity of the portal itself. Rather, the McFIT MODEL AGENCY is entitled at any time to change or remove the content, services and functions already existing within the portal and to make new content, services and functions available, or to suspend the portal altogether. In doing this, the McFIT MODEL AGENCY will take your legitimate interests into account and will announce major changes (in particular, a permanent suspension of the portal) in advance and in an appropriate manner.

 

IV. Hyperlinks, responsibility for profile content

 

1. The webpages of the portal may contain links (so-called “hyperlinks”) to other websites in the internet, which are maintained by third parties. Any use of hyperlinks is at your own risk. The McFIT MODEL AGENCY only provides the connection to these websites and has no influence over the technical structure or content of these websites. The content of these linked websites does not belong to the McFIT MODEL AGENCY; rather, the McFIT MODEL AGENCY hereby expressly distances itself from all content of these linked websites. The McFIT MODEL AGENCY accepts no liability for the technical structure or content of the linked sites, especially for infringements on these sites of statutory provisions and third-party rights (e.g. copyright, trademark or privacy rights).

 

2. Only the person who established and uses a particular profile (hereinafter: “profile owner”) is responsible in each case for the respective profile and its content. The McFIT MODEL AGENCY does not claim ownership of the profiles or their content. If an individual profile or its content infringe the rights of a third party or contain illegal content for any other reason, the respective profile owner alone will be liable for the breach of law.  The McFIT MODEL AGENCY strives to check profiles but accepts no liability for them, regardless of form.

 

3. If the McFIT MODEL AGENCY becomes aware of illegal content on a linked website or within a profile, the McFIT MODEL AGENCY will remove the hyperlinks or the content from the portal immediately. For information regarding illegal content, please contact: info(at)mcfitmodels.com.

 

V. Liability

 

1. The McFIT MODEL AGENCY is only liable for intent or gross negligence, regardless of legal reason.

 

2. In the case of slight negligence, the McFIT MODEL AGENCY is liable only in breaches of such duties significant for the use of the portal by the user (cardinal obligations) and in these cases liability will be restricted collectively to the amount of the damage foreseeable at the start of use and typical of use. Cardinal obligations are those that enable correct use and the due performance of which the user may reasonably rely upon.

 

3. These limitations of liability shall also apply in the case of damage being the fault of employees, vicarious agents or assistants, or members of the executive bodies of the McFIT MODEL AGENCY.

 

4. The liability limitations do not apply to personal injuries or in cases of unlimited statutory liability.

 

VI. Data protection

 

Please read our data privacy statement through carefully; you can access it here.

 

VII. Final provisions

 

1. If one or more of the provisions of these Terms of Use is or becomes invalid, the validity of the remaining provisions will be in no way affected.

 

2. The laws of the Federal Republic of Germany, under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), will apply.

 

3. If you are a merchant according to the German Commercial Code (HGB), a legal person under public law or a special fund under public law, Berlin is the place of jurisdiction for all disputes arising from or relation to use of the portal, regardless of legal reason.

 

4. The McFIT MODEL AGENCY is entitled to change or supplement these Terms of Use; changes or supplements come into force at the point of their announcement within the portal. All changes or supplements to these Terms of Use are required to be made in writing in accordance with Section 126b of the German Civil Code (BGB). This also applies to a change to this provision.

 

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