ModelsUpClose Terms and Conditions of Use
Applying to all ModelsUpClose content, including current and past productions for: ModelsUpClose Model House, ModelsUpClose Micro Stock Scene Library, KellyMedia Media Clips Library, Smoking Culture, LightUpTime and SmokeVision brands.
Index - scroll down page or click Index sub title links:
4. Personal Use
5. Community Group and Educational Use
6. Amateur and Student Video Productions
7. Corporate, Instructional and Commercial Video Producers
8. Broadcasters, Networks (including Internet), Advertising
9. Product Rebating, Duplication and/or Resellers
10. Commercial Media Product Sales
1. All Rights Reserved:
World wide copyright of photographs, videos and music from ModelsUpClose web sites, downloads, video tapes, CDs, DVDs, printed photos and photo CDs and other content is always retained by the ModelsUpClose Division of the Social Impact Media Pty Ltd and original partner producers.
A condition of viewing our content is that you agree not to give away, re-sell, swap, distribute or allow to be distributed in any manner our images or videos, without first obtaining our written permission and providing prominent links to www.ModelsUpClose.com
Your acceptance of our terms and Conditions of Use as detailed on this page is deemed as verified by purchasing and/or downloading ModelsUpClose image content, videos, stock footage samplers and/or subscriptions.
2. General Terms:
These products represent either finished works of general exhibition entertainment and/or documentaries or are commercial samples often in the form of a compilation of scenes of various levels of technical and artistic quality, on various social or cultural themes.
The samples and information provided at our web sites are approximate representations only and are not an accurate or comprehensive listing of our work.
ModelsUpClose do not represent to have any qualifications, expertise and/or understanding of the people, topics and activities recorded in our productions. The views recorded and represented are not necessarily those of the publishers but are an accurate representation of the personal beliefs, skills and knowledge of the participants depicted at the time of filming.
These productions are not intended to be representative or a comprehensive view of an activity, group or behaviour. The images are not intended to be promotional or educational in any way.
Background music provided is a sample only and for the personal enjoyment of the authorised viewer. Further use must be purchased separately for each specific use.
Any and every use must prominently recognise the copyright of ModelsUpClose and/or the original partner producer of the scenes and/or music (if other than ModelsUpClose) and give prominent credit for our Internet URL as www.ModelsUpClose.com
3. Strictly Prohibited Uses:
Any use must not be construed as presenting ModelsUpClose content as representative of the creative works, skill or product of any other individual, company or organisation.
Any use must not portray the people, products, locations, scenes, customs, companies, organisations, religions, governments shown in any context that may be construed as humorous and/or derogatory and/or any negative way.
Any use must not lead to embarrassment and/or injury and/or damage of any kind to the people, products, locations, scenes, companies, organisations, religion, governments appearing or portrayed.
Any use must not portray any person, entity or place appearing as representing and/or endorsing any particular view and/or opinion and/or product and/or activity other than what they have specifically stated as representative of their honest personal opinion and real life activities at the time of recording the scene.
Any use must not modify the context, artistic merit and/or reality of a scene including changes of colour, proportions and/or scale (other than length).
Not to be used in any context that may be considered as political and/or religious.
Any use must not reflect poorly on the reputation, professional standing and quality of product produced by ModelsUpClose.
The purchase and any use must not contravene any law and/or government regulation or place ModelsUpClose, its employees, contractors or parent company in a position of contravening any law or regulations.
The purchaser/viewer agrees that they do not intend any of the above prohibited uses for pictures, scenes and/or music originating from ModelsUpClose.
The purchaser/viewer indemnifies ModelsUpClose, its parent company, staff, contractors, performers, agents, sponsors and associates separately and collectively for damages and remedy costs arising from their downloading, purchase, viewing and breaching of these conditions.
The purchaser understands that these conditions may change over time and will refer to the latest Conditions of Use before each and every specific use of our scenes from ModelsUpClose and, if necessary will modify your action to suit the conditions of the day without any further cost to ModelsUpClose. You agree to accept responsibility to ensure any third party users of a production using ModelsUpClose content are also familiar with and agree to these conditions.
In addition to accepting all the above conditions, the following case specific conditions may also apply to you and where applicable you accept these as a binding part of the overall Terms and Conditions of Use for ModelsUpClose content:
ModelsUpClose documentaries, internet entertainment productions, stock scenes and associated web sites and DVD 'sampler reels' are popular with private collectors, enthusiasts and students of social behaviour and such use is licensed on the following terms:
In addition to the above, regarding our stock scene “sampler reels” the purchaser understands that the product is primarily designed as a compilation of scenes on a particular topic intended as a scene sample compilation and no warranty as to quality or suitability for personal use is made or implied.
The scenes recorded are an actual representation of a particular location and people undertaking an activity they normally do regularly in real life, at the point in time of recording. This does not imply suitability as an activity for you and you also accept the responsibility to draw this to the attention of anyone you allow to view the production.
In addition, with regard to entertainment web sites, no warranty is provided as to suitability for you, update schedules or length of run time. Site content changes over time and may not include content presented as samples or preview content for that web site.
5. Community Group and Educational Use:
Suitability for use in an educational context is at the discretion of the teacher or group leader, who accepts responsibility to familiarise themselves with the appropriateness to community standards, regulations, laws of the local community and who agrees not to contravene the Prohibited Uses listed above.
The scenes recorded are an actual representation of a particular location and people undertaking an activity they normally do regularly in real life at the point in time of recording. This does not imply suitability as an activity for your viewers and you accept the responsibility to draw this to the attention of anyone you allow to view the production.
Any group or class display of content from ModelsUpClose must include appropriate credits and the attention of viewers must be drawn to the Conditions of Use at www.ModelsUpClose.com
6. Amateur and Student Media Productions:
Applicable only to content sold as part of ModelsUpClose micro stock scene library. Content of our entertainment web sites is not available for use by other parties and will only be considered in special circumstances with prior written agreement.
Please always advise us of your intended production use beforehand but generally, provided prominent recognition is given to the ModelsUpClose brand in any student or amateur production and provided this use does not constitute "re-branding" product or duplication or publishing (see point 9 below) then payment for micro stock scenes is limited to the purchase price of the tape, disk or download media and, in the case of purchase by a school or community group library, extends to productions that are a scheduled activity of students of that organisation, provided all of the above conditions are met, plus:
If a production making use of ModelsUpClose micro stock scenes or music is sold or otherwise exchanged commercially, then ModelsUpClose will be informed in advance and the intended buyer will be advised of our copyright interest.
Any use of our “finished” documentary productions must obtain written permission in advance. To apply for this we require a script outline for the intended production and detailed cue sheet of the ModelsUpClose scenes you wish to use.
7. Corporate, Instructional and Commercial Video Producers:
(other than Broadcasting, Networks, Internet and/or Advertising Purposes)
Applicable only to content sold as part of ModelsUpClose micro stock scene library. Content of our entertainment web sites is not available for use by other parties and will only be considered in special circumstances with prior written agreement.
Our micro stock scene productions are sold as a "sampler" or preview only for these producers, who are invited to request a quotation for the use of any specific scenes and/or to have a custom production made to suit their purpose. Sale of the sampler does not imply that permission for any specific use will be granted.
8. Broadcasters, Networks (including Internet), Advertising:
Applicable only to content sold as part of ModelsUpClose micro stock scene library. Content of our entertainment web sites is not available for use by other parties and will only be considered in special circumstances with prior written agreement.
Our micro stock scene library productions are sold as a "sampler" or preview only for these producers, who are invited to request a quotation for the use of any specific scenes and/or to have a custom production made to suit their purpose. Sale of the sampler reel does not imply that permission for any specific use will be granted.
Sale of the sampler reel does not imply that permission for any specific use will be granted.
9. Product Re-Badging, Duplication and/or Resellers:
Any production where more than a third of the final run time comprises ModelsUpClose scenes and/or images and/or where it may be considered that the quality and value of the production is set by the ModelsUpClose content used, then this is considered as a "re-badged" product or reseller situation and requires specific written authorization in advance and the payment of additional fees. Sale of the sampler reel does not imply that a resellers or re-badging agreement will be granted.
When your production is estimated to or subsequently proven to have a commercial value of more than $10,000 ModelsUpClose and associated performers reserve the right to charge additional fees that will be negotiated based on the normal or average commercially applicable rates for the footage applying to the marketplace in which the transaction takes place or the audience size, whichever generates the greater fee.
If a production making use of ModelsUpClose images, scenes or music is sold or otherwise exchanged commercially, then ModelsUpClose will be informed in advance and the intended buyer will be advised of our copyright interest.