Kenbie is a leading international model community: on our platform, professional models as well as newcomers, hip agencies and photographers from all over the world come together. At Kenbie every model can become or book.
IF YOU DO NOT ACCEPT OR AGREE WITH OUR GENERAL TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR SITE OR APP.
- The website is operated by KENBIE AG, Winterthurerstrasse 539 in 8051 Zurich, Switzerland (hereinafter referred to as "Kenbie") and is the contractual partner of the users of the website firstname.lastname@example.org
- Our offer is aimed at adults. You may only become a member of KENBIE and use KENBIE features if you have full legal capacity. In the case of natural persons, unrestricted legal capacity generally occurs when they reach the age of majority. KENBIE reserves the right, in the event of suspicion of a violation of this provision, to obtain proof of age or unrestricted legal capacity from the member concerned.
- The services offered on the website are aimed at natural persons such as models, stylists or photographers as well as legal persons such as agencies or service providers who offer, operate or are interested in styling or modelling services.
- The law of the Federal Republic of Germany applies exclusively. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG - UN Convention on Contracts for the International Sale of Goods) is excluded.
- The contract language is German. Correspondence may be conducted in English.
2.Scope of Services of the Website / Changes and Termination of the Service Offer
- Kenbie offers a platform on which members can present themselves as models within the framework of a user profile or offer services in the field of modelling such as photography or styling. The website is an exclusive presentation platform that serves as a source of information for interested customers.
- No purchase, service or other contracts between agencies, models or users is entered into through the Site, nor does Kenbie act as an agent or representative of any user featured on the Site through the Site. For the use of the services offered by a user, a separate contract with this user is required.
- The contents posted on the website within the framework of the user profiles are posted solely by the user. Kenbie does not verify the accuracy and legality of the content posted.
- Foreseeable work on the Website and any unavailability of the Website associated therewith shall be announced 48 hours in advance on the Website. Kenbie reserves the right to change, supplement, delete or temporarily or permanently cease publication of the design and free services offered on the website. This also applies to the contents posted by the user. As far as contents of a user are taken partly or finally from the website, the user will be informed about this by e-mail.
- The user is not entitled to any claims for damages, claims for reimbursement of expenses or other claims due to changes in the design of the website or its contents or due to the temporary or final discontinuation or unavailability of free services.
Two types of profiles are offered on the website.
- The basic profile allows the user to enter his or her data in the profile and view the website. Chat and comment functions are restricted, however.
- The premium profile is a paid product. The scope of services of the Premium Profile can be found on the offer page of the website. The premium offer is based on an additional contract consisting of these General Terms and Conditions and the respective concrete offer concluded by the user. The Premium Membership subscription is automatically renewed until you cancel it.
- Upon termination of a premium contract, the premium profile reverts to a base profile. After completion of the premium profile, the profile data is retained. The profile data is not deleted until the base profile is terminated.
- Once you have registered and created your profile, you can view and edit the information in your profile at any time. These include email address, photos and videos, city, region and country of your location, your password.
- Please update your information in your account as it changes. We advise you to change your password regularly to minimize the risk of unauthorized access to your account.
- If you have not visited our site for more than three months, Kenbie reserves the right to delete your base profile. You will be informed about an imminent deletion in advance by e-mail. Premium profiles are not affected by the deletion.
4.Further fee-based additional services
- On the website, there is the possibility of highlighting user profiles in an effective advertising way. The functions "Celeb" and "Casting" are available to the member for this purpose. Celeb is highlighting on the result page and causes the highlighted search result to be displayed once as the first result. Casting is an advertisement which is aimed at the models and describes a concrete casting.
- These functions can be booked as an immediate service. The concrete conditions such as price and description of services can be found on the offer page.
- The additional services can be booked via the website. Payment is made immediately via a payment service provider. The additional service is activated immediately after payment.
- These are one-time benefits that do not require separate notice of termination.
5.Remuneration and payment
- The amount of the remuneration for the booked service can be found in the respective offer on the offer page of the platform.
- The payment both for the Premium Membership and for the additional services will be billed immediately by credit card.
- The booked services will be activated immediately after payment by credit card.
- Payment will be made via the external payment provider SIX Payment Services AG, Hardturmstrasse 201, 8021 Zurich. All payment data is stored directly at the payment provider. Changes to the payment data must be made directly to the payment provider.
6.How do I renew my premium services with Kenbie?
Once you have requested a Kenbie premium service, you authorise Kenbie to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Kenbie are made as well as how such payments may be changed or cancelled. Your subscription to Kenbie’s premium services will automatically renew until you decide to cancel, and if you have enabled the Auto Top-up feature, your account will automatically be topped up until you decide to disable this feature.
- The user is obliged to truthfully and completely provide the data collected during registration. The user is not permitted to enter third party data during registration. If legal entities or partnerships are registered as users, the person who provides information on behalf of the legal entity or partnership must ensure that he or she is authorized to do so.
- User names whose use infringes the rights of third parties, in the particular name or trademark rights (e.g. trademarks), or which are otherwise unlawful or contrary to accepted principles of morality are inadmissible.
- When registering, the user can freely choose the user name and password. The password can be changed later at any time. The user name and password (hereinafter referred to as "access data") must be kept secret. The user is responsible for ensuring that the access data does not fall into the hands of third parties who could then use his user account. In the event that the access data is lost or if there is a suspicion that a third party has gained knowledge of them or that a third party is using the user profile, the user is obliged to inform Kenbie of this immediately. To protect against unauthorized access by third parties and misuse, the user should change the password at regular intervals.
8.Restrictions on use for users
- The website made available for use and the layout used have been developed by Kenbie and are subject to copyright protection. The services accessible via the website have been created by Kenbie and are also protected by copyright. Rights of use and exploitation may only be used with the express consent of the copyright holder.
- Users are not entitled to use the trade name, logo, word and figurative mark, service marks, domain names and other distinctive signs of the Site, including but not limited to the name "Kenbie", unless Kenbie has expressly granted them a written license to do so.
- The content of other users or service providers (in particular their profiles) accessible via the website may not be copied, distributed or otherwise made publicly accessible without the consent of the respective users and Kenbie.
- The user must refrain from doing anything that could interrupt, damage or in any other way impair access to or use of the website by others.
- Further restrictions on use result from the following Section VIII and, if applicable, statutory provisions.
- Users are required to notify Kenbie if they become aware that content is false, inaccurate or misleading or infringes the rights of third parties.
1. When posting content, the user is obliged to protect and not violate the rights of third parties, in particular trademark rights, copyrights and personal rights. The posting of content.
- with violence glorifying
- defame sb.
- offending the personal honour or
- other content that is contrary to the law or morality, or
- junk mail or spam;
- contain spyware, adware, viruses, corrupted files and programs or other destructive code in any form that is designed to interrupt, damage or limit the functionality of any software, hardware, telephone systems, networks, servers or other accessories, or that contains Trojan horses and other adversaries created to cause damage or interference or to steal information and personal data, whether from Kenbie or otherwise is forbidden.
2. The user may only post third-party content if he has the corresponding rights of use. In the event of any doubt as to the validity of a right, the user is obliged, upon Kenbie's request, to prove the consent of the copyright holder for the use of the rights vis-à-vis Kenbie. Doubts exist in particular if
3. Third persons are depicted in photographs in such a way that their significance for the image does not fade into the background for the viewer.
4. The content relates to personal or other sensitive information about individuals or groups of individuals;
5. It concerns works protected by copyright or ancillary copyright, e.g. external photos, graphics, logos, brands and texts;
6. If the user sets external links to pages of third parties or his own websites or social media accounts, the user himself is responsible for this. Kenbie assumes no liability for the content of linked third-party sites. If the links lead to pages that are incompatible with these GTCs, in particular with the prohibitions pursuant to No. 1 and 2 of this provision, Kenbie has the right to delete external links and to warn the user.
7. Kenbie will remove any content that violates the above prohibitions from the website.
10.Rights of use to the posted content
- The user grants Kenbie the transferable, non-exclusive, spatially and temporally unrestricted right of use to the extent necessary for the operation of the website to the contents posted on the website by the user.
- In addition, the user grants Kenbie the right to edit the content. This processing may involve the shortening or editorial processing of texts, the production of excerpts from uploaded images or the reduction of images to thumbnails.
- Kenbie may also incorporate and present the User's content in its own editorial content and/or e-mail newsletters and/or print media (e.g. newspapers, advertising brochures, flyers, etc.) and in Kenbie's appearances in social media.
- Kenbie also has the right to reproduce, make available to the public and publicly reproduce the content in the best possible quality via different terminal devices and different networks (public and private), whereby the right to make available to the public includes in particular the transmission of the content to fixed or mobile terminal devices (e.g. smartphones, tablets, etc.) of other users via LTE, podcasting, RSS feed or XML interface. The right of public reproduction also includes the right to reproduce content on the website by streaming.
- If the user is a legal entity, Kenbie shall grant the transferable, non-exclusive, spatially and temporally unlimited right to publish, duplicate and distribute the profile content as a physical work (in the form of a business directory or catalogue) in book form, other print media, on CD-ROM and/or DVD.
- The user grants Kenbie the rights set out in sections IX.1. and IX.2. above, even after the possible termination of the user relationship. The granting of the rights of use does not constitute an obligation to use by Kenbie.
- The user also grants visitors to the website a temporary right of use. Thus, posted texts of the user may be read and any images may be viewed. This may result in the storage of the relevant content in the main memory of the terminal of the other user/searcher. Any further use of the contents is not permitted.
11.Warranty and Liability
- Kenbie expressly declares that it does not check the content of the website either before or after it has been posted. The information provided may therefore be false, inaccurate or misleading. It can also not be excluded that posted content infringes the rights of third parties or is otherwise unlawful.
- Any highlighting or advertisement that is presented on the website due to the use of the fee-based additional offer is not subject to any content control by Kenbie. The user of the additional chargeable offer is responsible for the content of the advertisements himself.
- Kenbie assumes no responsibility for the accuracy, timeliness, completeness, quality or legality of the content available on the website, in particular information in user profiles. It is the sole responsibility of the user to check the information obtained from the use of the website for its suitability for the intended purpose.
- All liability claims against Kenbie relating to material or immaterial damage caused by the use or non-use of the information provided free of charge or by the use of incorrect or incomplete information free of charge are excluded, unless Kenbie can be proven to have acted with intent or gross negligence.
- Otherwise, Kenbie shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. Kenbie shall be liable for slight negligence in the event of damage resulting from injury to life, limb or health of persons and in the event of breach of material contractual obligations, i.e. obligations the fulfilment of which is essential to the proper performance of the contract and the observance of which the contractual partner may regularly rely on. This limitation of liability also applies to other damages as well as to damages caused by legal representatives or vicarious agents.
- As far as the website contains links to other websites which are operated and maintained by third parties, these links serve exclusively to facilitate navigation. Kenbie assumes no responsibility for the content of external websites.
12.Liability of the user
- The user is solely responsible for the content he or she uploads. Any liability on the part of Kenbie towards the user in this respect is excluded.
- The user shall be liable to Kenbie for all damages incurred by Kenbie as a result of the user's use of the website in breach of contract in accordance with the statutory provisions.
- In the event that Kenbie is held liable by third parties because the content posted by a user violates the rights of third parties or is unlawful, the user shall indemnify Kenbie against all such third-party claims, including any court and attorneys' fees to the statutory amount, unless the user is not responsible for the violation. The user is obligated to provide Kenbie with all information necessary to defend Kenbie against claims asserted by third parties.
- Kenbie will collect, process and use personal data only to the extent necessary for the proper functioning of the website. A purpose-bound forwarding of personal data to third parties is only possible with the prior written consent of the user.
- With regard to the use, storage and processing of digitally collected personal data in connection with the use of the Internet platform kenbie.com, reference are made to the separate data protection declaration, which is included in all contracts. You will find the data protection declaration at https://kenbie.com/privacy.
14.Termination of the user agreement
- Basic profiles can be cancelled at any time by simply notifying Kenbie (e-mail is sufficient). Upon termination of the base profile, Kenbie will deactivate the user account. All personal data and profile data are deleted four weeks after deactivation of the user account.
- Additional paid offers and premium membership are subject to the cancellation conditions described in more detail in the offer. If termination by the user is necessary, this can be done in writing by letter, fax or e-mail. In the case of automatic termination of an additional offer, no separate termination by the user is required.
- The parties are entitled to extraordinary termination for good cause. An extraordinary termination by Kenbie is particularly possible in the event of criminal violations by the user, violations by the user of the obligation to truthfully disclose the data collected, violations by the user that make the performance of the contract appear impossible or unreasonable, violations of the prohibitions under VIII of these GTCs or other gross breaches of duty, e.g. misuse of access data.
- In the event of termination for good cause, the user has no claim to reimbursement of account fees already paid.
- Instead of a termination the published contents of a user as well as his access to his user account may be temporarily blocked. The user will be notified of any blocking by e-mail. The e-mail specifies the reason and the duration of the block. Kenbie is not obliged to block the user account prior to termination.
- Notice of termination must be given in writing. A declaration by e-mail is sufficient.
Requests to Kenbie regarding these Terms and Conditions, the content of the Kenbie Offer or questions about the account may be directed to Kenbie at any time via the contact form available on the website or by e-mail to email@example.com.
- Subsidiary agreements, as well as amendments and supplements to the contract, require the written form and the written consent of both parties to the contract in this respect. Oral ancillary agreements are excluded.
- The invalidity of individual provisions of this contract or its components shall not affect the legality of the remaining provisions. The contracting parties are obliged to find an effective regulation in good faith and under consideration of the sense and purpose of the contract and the mutual interests, as far as no substantial change of the contract contents is caused by this. This shall also apply if a gap in the contract which requires regulation becomes apparent.