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Copyright Abuse: Notice and procedure for making claims of copyright infringement

Results Media / Results Promotions support the rights of a copyright owner to limit where and how their images are displayed. Due to the nature of the Results Media / Results Promotions site, users may post their own images without Results Media / Results Promotions control. Accordingly, copyright breaches may accidently occur, even though such an event is prohibited in the Results Media / Results Promotions Usage Agreement.  

Results Media / Results Promotions have drawn up the following procedure to properly handle claims of Copyright Infringement. We require all Copyright Owners who wish to notify us of infringement to follow this procedure exactly.  

  1. In the first instance, Results Media / Results Promotions requires the Copyright Owner to directly contact the owner of the offending portfolio via email, outlining the Copyright issue at hand, and issuing a clear request that may be complied with. Results Media / Results Promotions requires a CC (Carbon Copy) of this email, so that Results Media / Results Promotions are informed, and also so the portfolio owner can see the issue has been brought to our attention. Often, this will be enough to resolve the issue.  

  2. If after seven (7) days the portfolio owner has not corrected the issue to your satisfaction, please contact Results Media / Results Promotion sat legal (at) Results Media / Results Promotions (dot) com for the purpose of having the infringing image(s) forcefully removed by Results Media / Results Promotions on your behalf (note the @ and. symbols have been rendered as words here, to prevent this address being discovered by spam bots. You will need to translate the address back to include its normal @ and. symbols). In this email, you will need to:

    1. Make a statement that the Complaining Party (you) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and  

    2. Make a statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

    3. Identify without doubt which images are in breach. The only acceptable way to do this is to email us the URL (web address) of the actual image(s). This may be discovered by Right Mouse Clicking on the image on the web page, selecting Properties, and copy/pasting the displayed URL into the body of your email to us. Descriptions of image content, or descriptions of their position (such as, "second image from the top") will not be accepted.  

    4. Supply us with a differing version of the same image. Specifically, we require to see a larger, better quality image (max 500K size per image please). This is to prevent bogus claims. If this presents a problem for you, please outline why and we will discuss the issue with you.  

    5. Forward to us any previous email you have sent the offending portfolio owner, as proof you have attempted to resolve this issue with them.  

This will allow us to take action on your behalf, and remove the stated image(s).  

  1. Results Media / Results Promotions will acknowledge receipt of your request via email, once it has been read. At this stage, Results Media / Results Promotions will notify you if your request is invalid due to departure from this established procedure. Invalid requests are not processed.  

  2. Assuming the request is valid, within seven (7) days of the acknowledgement, Results Media / Results Promotions will remove the stated images, and will send a confirmation email to you.  

Please ensure you follow the details in this procedure to the letter. Variations away from the procedure will cause delays and the image will not be removed as expected.  

 

About the Freshness of Results Media / Results Promotions Portfolios

Results Media / Results Promotions, like any model portfolio site, previously suffered from users who would "see" if they could get their photo online, with either no intention of modeling, or a lack of desire to actually do so. This is ultimately bad for the end user, who is attempting to find and make contact with models in their area, and bad for the interested models as it reduces their chance of being approached.  

Results Media / Results Promotions have a strict sign-up policy - if an applicant does not enter all information, and if they do not upload a minimum of two different images, the application is rejected. In our experience, this cuts down on a third of the applications.

However, now Results Media / Results Promotions also employ’s a limited life-span on all portfolios. Portfolio owners must re-login to their account within 4 months of their last visit, otherwise the portfolio is retired 

 

 

 

Results Media / Results Promotions Usage Agreement - version 1.0  

INFORMATION ON TERMS OF USE OF THE RESULTS MEDIA / RESULTS PROMOTIONS.COM (.AU) WEBSITE

  1. ACCEPTANCE OF TERMS.
    The services that RESULTS MEDIA / RESULTS PROMOTIONS provide to you are subject to the following Terms of Use ("TOU"). RESULTS MEDIA / RESULTS PROMOTIONS reserve the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Usage Agreement" hypertext link located at the bottom of our Web pages.

  2. DESCRIPTION OF SERVICES.
    Through its network of Web properties, RESULTS MEDIA / RESULTS PROMOTIONS provides you with access to a variety of resources, including portfolios, message boards (forums) and information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

  3. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
    Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, products or services obtained from the Services.

  4. NOTICES REGARDING SERVICES AVAILABLE ON THIS WEB SITE.
    IN NO EVENT SHALL RESULTS MEDIA / RESULTS PROMOTIONS AND/OR ITS RESPECTIVE OWNERS, SUBSIDIARIES OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

  5. NO UNLAWFUL OR PROHIBITED USE.
    As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any RESULTS MEDIA / RESULTS PROMOTIONS server, or the network(s) connected to any RESULTS MEDIA / RESULTS PROMOTIONS server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any RESULTS MEDIA / RESULTS PROMOTIONS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials, information or Services through any means not intentionally made available through the Services.

  6. USE OF SERVICES.
    The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, portfolios (photographic and personal information) and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

    • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).  

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.  

    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.  

    • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws that you have not been given permission to handle in such a way, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.  

    • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.  

    • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.  

    • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of an image or other material contained in a file that is uploaded.  

    • Restrict or inhibit any other user from using and enjoying the Communication Services.  

    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.  

    • Harvest or otherwise collect information about others, including e-mail addresses.  

    • Violate any applicable laws or regulations.  

    • Create a false identity for the purpose of misleading others.  

    • Create more than one account or register more than one email address.  

    • Attempt to circumvent restrictions of any kind.  

    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.  

RESULTS MEDIA / RESULTS PROMOTIONS have no obligation to monitor the Communication Services. However, RESULTS MEDIA / RESULTS PROMOTIONS reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. RESULTS MEDIA / RESULTS PROMOTIONS reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.  

RESULTS MEDIA / RESULTS PROMOTIONS reserves the right at all times to disclose any information as RESULTS MEDIA / RESULTS PROMOTIONS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Results Media / Results Promotions sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. RESULTS MEDIA / RESULTS PROMOTIONS does not control or endorse the content, messages or information found in any Communication Services and, therefore, RESULTS MEDIA / RESULTS PROMOTIONS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.  

  1. DISCLAIMER.
    Results Media / Results Promotions extend this service free of charge and without warranty. Disclaimer: This Site contains information, facts and opinions from various individuals and organizations. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER RESULTS MEDIA / RESULTS PROMOTIONS.COM, NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.

  2. LIABILITY.
    Your use of the Results Media / Results Promotions Site and Service is at your own risk. NEITHER RESULTS MEDIA / RESULTS PROMOTIONS .COM.AU, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR OWNERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST RESULTS MEDIA / RESULTS PROMOTIONS.COM.AU, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND OWNERS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.

In addition to the warranty and representation set forth above, by Posting a Submission to any Communication Service (including a Portfolio) that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public (for each such Images available anywhere on the Services), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to use your Image in the fashion you have presented it for use. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.  

  1. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
    RESULTS MEDIA / RESULTS PROMOTIONS supports proper use of copyrighted material and the owner's right to control such material. Notifications of claimed copyright infringement should follow a set procedure. All enquiries not following this procedure will not receive a response. See Copyright Abuse: Notice and Procedure for Making Claims of Copyright Infringement for procedure details.

 

 

Portfolio Usage Agreement - version 1.1

The following agreement is "e-signed" by the individual before being permitted to create a portfolio at Results Media / Results Promotions. It covers the use of the portfolio, and outlines Results Media / Results Promotions limitations and responsibilities when offering the service. The latest version of this document can always be found here.  

TERMS AND CONDITIONS for SUBMITTING A PORTFOLIO TO RESULTS MEDIA / RESULTS PROMOTIONS 

  1. The submission of a portfolio does not guarantee a portfolio will be granted. Results Media / Results Promotions are a private service and portfolios are granted on a case-by-case basis. Results Media / Results Promotions reserve the right to withdraw or withhold services to any person without notice or explanation.  

  2. Portfolio applicants must be at least sixteen (16) years of age.  

  3. Portfolio applicants must have their own e-mail address.  

  4. Results Media / Results Promotions will not publish portfolios with less than two (2) images. All images must be from different photos - duplicate or inappropriate images will be deleted by Results Media / Results Promotions. If image deletion by Results Media / Results Promotions causes the portfolio to have less than two (2) images, the portfolio will be taken offline and you agree to forgo any additional services you may have paid for or have owing to you if your account is ultimately deleted.  

  5. If at any time Results Media / Results Promotions finds your e-mail address is no longer valid, your account and portfolios will be deleted and you agree to forgo any additional services you may have paid for or have owing to you.  

  6. Any account that has been rendered "offline" (unavailable for viewing), either automatically by the Results Media / Results Promotions server or manually by Results Media / Results Promotions, will have no less than ten (10) days for the account owner to correct the issue that caused the "offline" action to be taken in the first instance. If after ten (10) days the issue is still unresolved, the account and related portfolios may be deleted automatically. In such an event, you agree to forgo any additional services you may have paid for or have owing to you. You may prevent automatic deletion by resolving the root cause issue within the timeframe indicated.  

  7. Any account that is not logged in to within four (4) months will be considered inactive and deleted. You agree to forgo any additional services you may have paid for or have owing to you. You may prevent automatic deletion by regularly logging in to your Results Media / Results Promotions account.  

  8. Models must currently be a resident of Australia or New Zealand, or intend to be resident in Australia or New Zealand within two (2) months.  

  9. Results Media / Results Promotions do not accept listings run by agents. A model must manage their own portfolio, and must communicate directly when responding to enquiries without the use of a third party such as an agent. Results Media / Results Promotions does not accept portfolios that are managed by third parties, with the exception of parents in the case of minors, or where special dispensation has been granted due to the requirement of a 'facilitator', such as in situations where there is a lack of email access. The roll of a facilitator should be a messenger and not a negotiating party. No third party 'agents', 'managers', 'minders', etc. are to enter the negotiations as a middleman. Results Media / Results Promotions reserve the right to remove portfolios that are found to be in breach of this requirement.

  10. Results Media / Results Promotions models may be concurrently registered with Model, Acting or Promotions Agencies but those representatives are NOT to be involved in either negotiations or demands for commission regarding work initiated by contacts through Results Media / Results Promotions.  

  11. Results Media / Results Promotions will not permit portfolio links to pornography, in particular "pay sites" or "sales sites". All links should be to the portfolio applicant's own site/page AND contain freely available information about your modeling/photography/makeup/hair stylist service.  

  12. By submitting images to Results Media / Results Promotions, you are indicating you have the right to publish the images on Results Media / Results Promotions for the purpose of self promotion. To properly credit your photographer, their copyright should be on the image, at a size conducive to our format.  

  13. You grant Results Media / Results Promotions the non-exclusive right to publish your information and image(s) on the Results Media / Results Promotions web site for purposes of promotion of yourself.  

  14. You grant Results Media / Results Promotions permission to edit sections of your portfolio, as needed, to suit these terms and conditions, and/or to suit our image content requirements.  

  15. You agree to hold Results Media / Results Promotions and their agents harmless from any issue, legal or otherwise, arising from the use of your name(s), alias(es) or company name(s), personal details or images, on the Results Media / Results Promotions web site.

  16. Results Media / Results Promotions may alter these Terms and Conditions at any time. In such an event, all users who have previously "e-signed" an agreement will be notified via email. They will have seven (7) days to peruse the new Terms and Conditions. If the user objects to the Terms and Conditions, they are required to remove their portfolio(s) within the seven (7) days. If the user's portfolio(s) remain after seven (7) days, this will mean the user has accepted the change.  

  17. Results Media / Results Promotions extend this service free of charge and without warranty. Disclaimer: This Site contains information, facts and opinions from various individuals and organizations. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER RESULTS MEDIA / RESULTS PROMOTIONS.COM, NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.  

  18. Your use of the Results Media / Results Promotions Site and Service is at your own risk. NEITHER RESULTS MEDIA / RESULTS PROMOTIONS.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR OWNERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST RESULTS MEDIA / RESULTS PROMOTIONS.COM, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND OWNERS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.  

The use of the Results Media / Results Promotions site in general is covered by the Site Usage Agreement.

 

 

 

 

 Agreement between Talent & Results Media.

Even though the services provided, are provided by Results Media to the Client, Results Media work on behalf of the Talent for the purposes of being their representative within the promotions & entertainment industry. Results Media at no time has a employer/employee relationship with the Talent, this is noted under the Australian Taxation Office’s “Pay As You Go (PAYG) Withholding Guidelines for Performing Artists Agents, Advertising Agencies and Advertisers”. Guidelines.

 Taxation

We advise that all artists have a registered Australian Business Number (ABN) from the Australian Taxation Office.

All talent must be an Australian Resident/Citizen or have a valid working VISA along with their ABN Number.

At no time and under any circumstances, is the talent to deal direct with the Client or vise versa. When contracting talent through Results Media the Client understands that from this point on they will contact Results Media when future work for this talent or any other talent that are managed by Results Media is forthcoming. As the talent representative, it is always imperative that all correspondence is handled through Results Media.  The Talent is never to contact the Client direct, as this is a breech of Results Media Management’s working relationship with the Client.  It is always advised that the talent never offer the client any contact numbers.

Payment will be made within 30 days of the invoice.  

The Talent is to supply a Tax Invoice addressed to Results Media for the receivable amount agreed on by Results Media and the Talent.  The invoice is to show their current ABN, date the invoice was written, an invoice number, talents bank details, date and description of the event, the rate and total amount owing to talent.  If Results Media does not receive this invoice then the talent will not be paid.

Presentation 

All talent when representing clients, must be well groomed – Hair, Nails, Clothing and personal hygiene. 

If talent is required to wear a uniform this must be given back to the client straight after the event or brought back to the office within 48hours. 

Communication 

All talent when doing a job must be motivated, enthusiastic and bubbly when promoting a product for the client.  

If you do not feel excited about the work offered, please decline the work. 

Briefing

If required talent may need to do some research about the company they may be representing. 

Hours of Work 

Results Media will contact the Talent via phone or email when work comes available.  Talent is given the choice if they can or cannot accept the work, if the Talent is unable to do the work or does not feel confident in doing it that is fine as there is no obligation and will not affect future work propositions.

If the talent accepts the work then is unable to go, Results Media requires 48hours notice so another talent can be organised.  A phone call must be made in all instances, if no phone call or other form of contact is not made to Results Media this will call for cancellation of being registered with Results Media and any outstanding payment owing to you will be cancelled.

Client Misconduct 

The talent is to report any misconduct from the client directly to Results Media. Our role as an agent is too look after all our talent, any information will be treated with the strictest of confidence. 

Standards Of Conduct

Commission of any of the following acts will be considered just cause for cancellation of payment and being registered with Results Media: 

  1. Theft 

  2. Reporting under the influence of intoxicants 

  3. Fighting (regardless of who provokes it) 

  4. Falsification of application 

  5. Falsification of records 

  6. Insulting, arguing, being discourteous or using profane language in front of  

                Customers/clients and public.

8.             Dishonesty or misconduct

  1. All other forms of sabotage 

  2. Bringing illegal drugs 

  3. Immoral or indecent conduct, solicitation for immoral or illegal activities 

  4. Abusing, misusing or destroying Company or Clients property or the property of  

                others

  1. Violation of any safety rules 

  2. Presenting an attitude detrimental to the well-being of others or the reputation of  

                the Company or Client.

  1. Negligent handling of clients assets, cash, inventory, equipment or property 

  2. Breaches of confidentiality in Company matters or remarks to discredit the  

                Company

  1. Engaging in or failure to report activities which could be consider to discredit the  

        Company or Client

  1. Conflicts of interest 

  2. No engaging of conversations with family,  friends or partners during any

                       Promotional event, unless given authorisation by Client or Results Media

  1. Talent is not to give out their contact details to the client. 

  2. Talent is not to give out their contact details to the public during any promotional

               Event.

Information for New Models

Applying for promotional work

Once confirmed for a shift       

Pay 

 



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