Terms of Service
The operator of the service is Shenzhen Xinshili Technology Co., Ltd. These Terms of Service (the “Terms”) govern the placement and use of portfolios in the service and are addressed to artists: models, actors, musicians, dancers and performers of any genre. The individual who places a portfolio is referred to as the User.
1. Acceptance of the Terms
The Terms are accepted by ticking the acceptance box at sign-up. Without acceptance the service cannot be used.
By accepting the Terms, the User confirms that they are at least 18 years old and act on their own behalf.
Together with the acceptance we record the version of the document, the language, the date, the IP address and the User's browser data. The record confirms acceptance of this very version of the Terms.
If the User does not agree with the Terms, the User may not place a portfolio or use the service.
2. Subject of the Terms
The service lets the User place a portfolio: photographs, video, parameters, information about themselves and contact details; shows the card in the catalog and gives third parties access to the card and contact details on the Operator's conditions.
The Operator is not an employer, a modelling or talent agency, a manager or an intermediary. The Operator does not organise shoots, performances or projects, does not conduct negotiations, does not conclude contracts on the User's behalf, does not receive or pass on payment for the User's work and does not take part in the relations between the User and third parties.
The User concludes arrangements with third parties independently and at their own risk.
3. Rights in the materials
By uploading photographs, video, texts, parameters and other materials, the User grants the Operator a royalty-free non-exclusive licence, unlimited in territory and term, with the right to pass it on to any third parties:
— to use, copy, reproduce, store, process, adapt, translate into any languages, crop, resize and recolour, apply watermarks and other markings, and combine with other materials;
— to publish, distribute, publicly display and make available to the public in whole or in part, in any form and format;
— to give any third parties, including agents, partners, advertisers and services not owned by the Operator, access to the materials, the card and the contact details on the Operator's conditions, including for a fee;
— to use in advertising, presentations, marketing and internal materials of the service;
— to use anonymised and aggregated data (statistics, selections, trends, aggregates) for any purpose, including commercial, without time limit and without remuneration.
The licence is royalty-free: placing a portfolio is free for the User.
The licence lasts until revocation. Revocation is made by written notice to the Operator's address and takes effect from the moment the Operator receives the notice. Revocation does not affect materials and access granted to third parties before the revocation.
4. The User's warranties
The User warrants that the information placed is accurate and that they hold the rights in the materials placed.
The photographs and video carry the permissions of all depicted persons and rights holders: photographers, videographers, studios, brands.
The contact details given belong to the User and are valid.
Claims of third parties connected with the materials placed are settled by the User independently; the User compensates the Operator for losses, expenses and penalties arising from such claims.
Payment of taxes and compliance with the law of the country of stay, including visa requirements and work permits, are the User's own responsibility. The Operator does not verify or provide for these.
5. Access to the card and contact details
Third parties (agents) receive access to the User's card and contact details on the Operator's conditions.
Actions of third parties after receiving access — contacting the User, storing and passing on information, inclusion in their own databases — happen without the Operator's involvement and at the responsibility of the respective third party. The Operator cannot revoke materials and contact details already provided to third parties.
The Operator does not vet agents: neither legally, nor by reputation, nor by solvency. Any check or badge in the service is not a guarantee, endorsement or recommendation.
The Operator does not guarantee that the User will receive offers, work or payment for work, nor the lawfulness and safety of offers. The service guarantees no income whatsoever.
6. Work in China
Lawful work in China is possible only with a work visa and an issued work permit. Tourist, business and student visas, as well as visa-free entry, do not give the right to work. An invitation from an agency or a crew does not grant such a right either.
Work without permit documents entails a fine, detention, deportation and an entry ban; liability rests with the person performing the work.
Offers to arrive on a visa that does not allow work, to arrange documents after arrival, or to work without a visa mean unlawful organisation of work and must not be accepted.
7. Offers from third parties
Before accepting an offer, the User is advised to check the counterparty, the contract, payment terms, accommodation and the project independently.
Communication with a counterparty is advised to be stopped if any of the following signs appears:
— a demand for money upfront: for documents, a deposit, accommodation, training, a photo session or a booking;
— a request for a passport, bank card details or codes from messages;
— an offer to install an unknown application or to enable screen sharing;
— an offer of work without an interview and without a contract;
— a promise to arrange a work visa or work permit after arrival.
Do not hand over your passport or original documents to third parties; do not sign documents whose content and consequences are unclear; keep concluded contracts and correspondence with counterparties.
A violation can be reported by email to the Operator's address; the Operator may block the counterparty's access to the service.
8. Liability
The service is provided on an “as is” and “as available” basis.
To the extent permitted by applicable law, the Operator is not liable for: missed offers, work, income and lost profit; actions and omissions of agents, partners and other third parties; the content, terms and performance of arrangements between the User and third parties, including payment for work; harm to health, property or reputation caused in the course of work found through the service; interruptions of the service, errors, loss or distortion of data and materials, delays; the consequences of unlisting a card, deleting a portfolio or revoking consent; any indirect losses.
Placing a portfolio is free and the Operator receives no payment from the User; consequently the Operator bears no monetary liability towards the User: to the extent permitted by applicable law, losses, including direct damage and lost profit, are not compensated.
9. Deleting the portfolio and revoking consent
The User may at any moment unlist the card or delete the portfolio themselves in their account, without giving reasons and without contacting the Operator. After that the card is not shown in the catalog or by link.
Materials and contact details previously provided to third parties remain with them; anonymised aggregated data may continue to be used; backup copies and the record of acceptance of the Terms are retained.
Deleting the portfolio does not entail a refund to third parties and is not a breach by the Operator.
Revocation of consent to the processing of personal data is made by written notice to the Operator's address and entails the consequences set out in this section.
10. The service's database
The collection of cards, the catalog, selections and the interface of the service belong to the Operator.
Without the Operator's written permission, downloading, copying, mirroring and reselling the content of the service, using it to train models and in any automated systems are prohibited. A breach is grounds for blocking access and recovering losses.
11. Blocking
The Operator may at any moment, without giving reasons and without prior notice, restrict, suspend or terminate the User's access, unlist the card or delete materials. This creates no obligations towards the User.
12. Changes to the Terms
The Operator may change the Terms at any moment. A new version is published on this page with a new date and version number.
Continued use of the service after a new version is published means acceptance of it. A separate notice may not be provided.
13. Language and correspondence
The Terms are drawn up in Russian. Translations, where they exist, are for reference only; in case of divergence the Russian version applies.
All correspondence, including revocation of consent and requests to delete data, is sent to the Operator's address given in the requisites below.
Shenzhen Xinshili Technology Co., Ltd. 深圳市新世立科技有限公司

