Terms & Conditions

Effective as of September 20, 2020.

1. Contractual Relationship

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you (the “User” or “you”) and the creator of the Applications Head Model Studio (“Head Model Studio", “Head Model", “HMS”, “us”, “our,” or “we”). This Agreement applies to your use of the Head Model Studio Applications on Android and iOS (the “Site”, “Applications”, “apps”), whether through a paid access or free usage, which together with related services, information, and communications are collectively referred to as the “Services.”

A copy of our Privacy Policy is available at https://headmodelstudio.com/privacy-policy/. You acknowledge that by using the Services, you have reviewed and agree to the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions of Use and together form and are hereinafter referred to as the “Agreement”.

BY ACKNOWLEDGING THE TERMS AND CONDITIONS OF USE AND/OR VISTING, BROWSING OR USING OUR APPLICATIONS, AND/OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, DO NOT USE OR ACCESS HEAD MODEL STUDIO APPS OR SERVICES.

Some Head Model Studio Services are available to you for free, while others require that you pay a fee for access. Access to and use of the HMS Applications, whether accessed with or without payment are subject to the terms and conditions of this Agreement.

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms and Conditions of Use and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, our Services, or any content or information through our Applications at any time, effective with or without prior notice and without any liability of Head Model Studio creator. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using our Services. Your continued use of our Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except to the extent prohibited by any laws or regulations in your jurisdiction. We may also impose limits on certain features or restrict your access to part or all of our Services without notice or liability.

2. About the Head Model Studio Services

We provide learning Applications for artists that includes courses and reference materials, including high-quality images for you to practice with, as well as many 3D models for you to study from.

3. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Capture, download, save, upload, print or otherwise retain information and content available on the Applications other than what is expressly allowed by these Terms.
  • Create captures, screenshots or photos of the content in order to make them available to download.
  • Share captures, screenshots or photos of the content without mentionning our Applications as the original source.
  • Making the Applications irrelevant to other potential users by sharing the content.
  • Permit or provide others access to the Services using your account unless approved by App Store, Google Play Store usage.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create unauthorized derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code, or other content available on the Applications.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Applications.
  • Use the Applications to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Applications, in any manner.
  • Adapt, alter, license, sublicense or translate the Applications for your own personal or commercial use.
  • Use the Applications or the services in violation of this Agreement.
  • Use the Applications in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Head Model Studio’s trade secret information for public disclosure or other purposes.

4. Limited Warranty

Head Model Studio warrants that the software that allows subscribers to access the Software, if operated as directed, will substantially achieve the functionality described on the this site and official App Store pages. WE PROVIDE NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS OUR APPLICATION. We also warrants that the media containing the Software, if provided by us, is free from defects in material on the date the subscriber acquired the Software. OUR SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: TO ADVISE THE SUBSCRIBER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

5. Copyrights, Trademarks, and Other Proprietary Rights

Head Model Studio or its third party content providers shall retain all worldwide rights in the intellectual property in and on the application, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the “look and feel” of the Applications, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Applications is copyrighted, trademarked, or otherwise protected and owned or licensed by Head Model Studio. Except as expressly stated on the Applications or in these Terms, nothing that you read or see on the Applications or in the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed without the prior written consent of Head Model Studio, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Head Model Studio’s intellectual property except as set forth in this agreement. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Head Model Studio, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

Head Model Studio hereby grants each user a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the Applications for your personal and non-commercial use only, according to the provisions contained herein, and subject to the payment of the applicable fees and adherence to these Terms. Each user agrees that the Applications may not be accessed by any person other than the original user.

Users may create derivative works from the Applications, but shall not distribute more than 2 captures, images, screenshots, photos, of the Applications without the prior written consent of Head Model Studio.

When sharing any captures, images, screenshots or photos of the Applications a mention of the Head Model Studio Application with a link is required.

6. Indemnification

You hereby agree to indemnify, defend, and hold harmless Head Model Studio and Affiliates from and against any and all Liabilities arising from or in connection with (i) your use or inability to use, or your participation on, the Applications; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; and (iv) your failure to abide by your representations and warranties. Head Model Studio reserves the right, in its own sole and absolute discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Head Model Studio.

7. Release

You acknowledge and agree that Head Model Studio is only willing to provide the Applications if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Head Model Studio, nor Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Applications or Services, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User, any dispute with any User, any instruction, advice, act, or service provided by Head Model Studio and Affiliates, whether online or offline and any destruction of your User Generated Content.

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE HEAD MODEL STUDIO AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATIONS. TO THE EXTENT APPLICABLE, YOU AGREE TO WAIVE THE BENEFITS OF NEW ZEALAND, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

If you are not a New Zealand resident, you waive your rights under any statute, regulation, or common law principle that governs your rights in the jurisdiction of your residence.

8. User Representations and Warranties

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand, and agree to be bound by these Terms and Conditions of Use and the Privacy Policy;
  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of staff;
  • You will act professionally and responsibly in your interactions with staff; and When using or accessing the Applications, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.

9. Termination of Agreement

In addition to Head Model Studio’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. In the event of termination of this Agreement, all parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Applications or Services.

If Head Model Studio suspends or deactivates your account or limits your use of the Applications or Services pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Head Model Studio or Services is suspended, terminated or limited, this Agreement will remain enforceable against you. Head Model Studio reserves the right to take appropriate legal action pursuant to the Agreement.

Head Model Studio reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Head Model Studio Applications or Services at its sole and absolute discretion. To the extent permitted by law, Head Model Studio shall not be liable to you for any modification or discontinuance of all or any portion of the Head Model Studio Applications or Services.

10. Governing Law and Venue

These Terms and any claim or action related to or arising from these Terms, the Services, or content on the Applications shall be governed by New Zealand law, without regard to choice of law principles or any provision that would make the laws of another jurisdiction applicable. This choice of law provision is only intended to specify the use of New Zealand law to interpret this Agreement and is not intended to create any substantive right to non-New Zealanders to assert claims under New Zealand law whether by statute, common law, or otherwise.

You agree that any claims or disputes must be resolved in the New Zealand courts located in New Zealand, to the extent permissible by applicable law.

11. Informal Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Applications or Services, your relationship with Head Model Studio, or this Agreement (including previous versions), (“Dispute”), you and Head Model Studio agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement, arbitration, or court proceeding (“Informal Dispute Resolution”). Such Informal Dispute Resolution will commence upon written notice. Your address for such notices is the e-mail associated to you. Head Model Studio’s address for such notice is contact@headmodelstudio.com

Binding Arbitration

If this Arbitration Agreement applies and is not resolved by Informal Dispute Resolution, then to the fullest extent permitted by applicable law, and except as provided below, you and Head Model Studio agree to arbitrate any and all Disputes, including claims by Head Model Studio, claims against Head Model Studio by binding arbitration in New Zealand.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Head Model Studio agree that this threshold dispute shall be resolved by the arbitrator.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND Head Model Studio ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

The arbitration shall be conducted by one arbitrator from New Zealand who is a retired judge. The parties shall share equally the costs of the arbitrator, arbitration body, and arbitration facilities (if applicable).

12. Miscellaneous

These Terms constitute the entire agreement between Head Model Studio and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Head Model Studio and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Head Model Studio may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Head Model Studio’s remedies are cumulative and not exclusive. Head Model Studio makes no representation that the content of the Site or Services is appropriate or available for use in all locations. Head Model Studio operates the Applications from the New Zealand and makes no representation that the Applications or Services complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using the Applications. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Head Model Studio cannot provide notifications via post, only e-mail.