Model Agreement
This Model Agreement sets forth the Terms & Conditions under which Omega XE/Model Centro will compensate the Model, for the delivered content.
Whereas, Omega XE/Model Centro provides an online service – web platform – through which Models can show erotic live video streams of themselves to Visitors and Members (“Service”), sell images (videos and photos), lives, billing services, customer support services and payout services. The Service enables direct contact between the Visitors/Members and the Model and an exchange of images, sound, and text on an online platform offered by Omega XE/Model Centro and called “Model’s personal website” (“Service”). The interaction between Visitors/Members and Model is only among adults.
In this model agreement, we will use the term Omega XE/ModelCentro.com to refer to the services that Omega XE/Model Centro will provide to the model.
WHEREAS, Model is willing to show pictures and live video streams of himself/herself through the Service. The video streams provided can contain erotic material.
Omega XE/Model Centro and Model agrees as follows:
1. DEFINITIONS
Sisters’ and Mother’s Companies
Subsidiaries as well as corporations, partnership or other entity controlling, controlled by or under common control with Omega XE/Model Centro,
Affiliated sites
Websites owned, controlled or contractually affiliated to Omega XE/Model Centro through which the Service can be accessed and used.
Content
Text, images and/or lives delivered by Model to Visitors and Members through the Service.
Session
Lapse of time considered to calculate the compensation due to Model during which the latter delivers Content to Visitors and Members.
Relevant Jurisdictions
The country where Model performance originates from, countries where the Visitors and Members access the Service from.
Term
Lapse of time during which this Agreement will remain in force
Visitor or member
User who enjoys legal majority in Relevant Jurisdictions and who accesses and use the Service to access performances and content of Model
Model
An individual person, irrespective of their gender who enjoys a legal majority in Relevant Jurisdictions and who agrees to access and use the Service to deliver Content to Visitors and Members or members.
Third Party
Individual or a business entity who may be indirectly involved but is not a principal party to an arrangement, contract, deal, lawsuit, or transaction (in a specific context Skype can be considered a Third Party, as well as a studio or a payment processor)
2. OBJECT OF THE MODEL AGREEMENT
2.1 Subject to the terms and conditions of this Model Agreement, Omega XE/Model Centro hereby grants Model a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service during the Term.
2.2 Omega XE/Model Centro can at any time refuse Model to access and use the Service without having to give any reason.
3. MODEL RIGHTS AND DUTIES
a) Registration Process
3.1 Model confirms to be a consenting adult who is at least 18 (eighteen) years of age or who enjoys legal majority age in the Relevant Jurisdictions where such majority is above 18 (eighteen) years of age.
3.2 Model understands that, prior to using the Service, she will have to provide certain information to Omega XE/Model Centro during the online registration procedure, including:
(i) A readable colored copy of her’s national government issued identity document ( identity card, passport or driver’s license ).
(ii) An out payment account number as indicated by the Model such as, but not exclusively, a bank account, prepaid Mastercard card;
(iii) Other information required during the registration procedure.
3.3 Model will make sure that any registration information given to Omega XE/Model Centro will always be accurate and up to date as long as this Agreement remains in force.
3.4 Model understands that the access and use to the Service require the combination of a login and password that are strictly confidential. Model is responsible to take every precaution to keep them safe and to ensure that they remain strictly confidential. The model assumes all risks arising from third-party knowledge and/or use of her login/password and/or activities that occur on the Service under Model’s account. Should the Model have lost her login and/or password or have reasons to suspect that they have become known to an unauthorized third party, the Model shall immediately notify Omega XE/Model Centro
3.5 Model understands that multiple accounts are not allowed without Omega XE consent.
If the Model had an account registered under Omega XE, in order to create the independent account will need:
a) Omega XEs approval for the new independent account.
Must be with Omega XE for 1 year.
3.6. Taking into consideration regulations and quality metrics based on Omega XE/Model Centro users’ feedback, Omega XE/Model Centro reserves the right to accept or reject applications from models/users belonging to communities with specific characteristics.
3.8 If a model is under Omega XE then the model is solely responsable for her own agreement with Omega XE. Omega XE is NOT responsible for the models actions. Omega XE is NOT responsible for the models medical or other expenses. Don't do anything illegal and you won't have anything to worry about.
b) Equipment
3.9 Model is solely responsible for the choice, purchase, installation, operation, and maintenance of the equipment and software required to access and use the Service.
3.10 Model understands that the equipment and software to be required and used will have to comply with the technical requirements provided by Omega XE/Model Centro to access and use the Service.
3.11 If you are accessing our products through Third Party providers, we are not responsible or liable for the content, modifications or technical accuracy of those products. Your use of these Third Party products is subject to their terms of use.
3.12 Model understands that Omega XE/Model Centro will reserve the right to close the Model account if the written statements from Visitors and Members about the Model, indicates any violation of Service terms and conditions. If these statements are considered as prohibited actions, after a rigorous analyze, supported by evidence from both parties (model and visitors/members), the model account will be suspended.
3.13 Just like in the case of regular reports, in which Omega XE/Model Centro asks both the member and the model for evidence in order to determine the outcome of the report, we reserve the right to have a similar procedure for reports regarding price-per-minute changes or client price changes right before the call. This specific procedure will be done only for models who did not have any reports previously.
3.13.1 Performer should mention to the member the pricing information (privately) before the delivery of the service. This means that the member should be aware of the tariff model will charge per minute for the session.
3.14 The Model understands that she must add at least a few good quality profile pictures in her Omega XE/Model Centro account to verify the identity for the client, from which minimum 2 pictures should reveal the model face. All the profile pictures uploaded should have corresponded to the model real identity. Using fake profile pictures is not allowed. If the model will not add other pictures after one or multiple notifications from the support team, Omega XE/Model Centro will reserve the right to permanently close the model account. For payment security reasons, in order to validate the model identity before making a payment, Omega XE/Model Centro reserves the right to ask for additional documents or identification steps (including pictures with the model face or for a live verification with one of the Omega XE/Model Centro Representatives). The identification process WILL STRICTLY be through Model Centro and Omega XE will not be involved that.
3.15 In case you receive errors while accessing the product through Third Party providers, you understand and agree that we will not be held responsible for this and that your use of these Third Party products is subject to their terms of use.
c) Content delivery
3.12 Model understands that it will be up to her to prepare, create and deliver personal Content to Visitors and Members. Model is responsible to be compliant with all applicable regulations of her country of residence.
3.13 Model understands that the use of the Service to deliver Content to Visitors and Members is always optional and never mandatory. Model is completely free to deliver Content to Visitors and Members, acting in an independent manner in this respect and deciding at her sole discretion on the time, duration and interpretation of this, bearing in mind that such must always comply with this Agreement, in particular with this Clause 3.
Model is always entitled to refuse to deliver Content to certain Visitors and Members or to halt the Session, during a pay-per-minute session, in any situation at any time.
The model ensures that she will be able to provide the content for which was paid in advance for the Visitors and Members otherwise the payment will be not delivered to her account.
3.14 Model must be seen all the time during the Session and commits himself/herself to log out and end the Session if she is to leave the space from where the performance takes place.
3.15 Model ensures that she will access and use the Service according to this Model Agreement and that the Content provided to Visitors and Members will comply with any applicable law, regulation or generally accepted practices and guidelines.
3.16 Model, in particular, is not allowed to:
(i) DO NOT Deliver Content that amounts to ANY pornography such as but not only pedophilia, zoophilia, or necrophilia; If we discover that your doing these WE WILL contact the authorities. Agian if it's illegal DON'T do it. Also please no urology.
(ii) Act as another person (e.g. as a representative of Omega XE/Model Centro or a person responsible for the Service);
(iii) Instigate Visitors and Members to carry out illegal activities;
(iv) Forward Content or data that could cause damage to Omega XE/Model Centro, Visitors, and Members or other Models;
(v) Require Visitors and Members to provide personal data;
(vi) Provide Visitors and Members with personal data or third party data;
(vii) Get in touch with Visitors and Members through others means that the Service (such as but not exclusively telephone);
(viii) Give information provided by Omega XE/Model Centro in the frame of the conclusion and performance of this Agreement to third parties, including Visitors and Members and other Models, in particular, but not exclusively regarding the way Model is compensated.
3.17 Model agrees that Visitors and Members may access and use the Service through different Affiliated sites.
3.18 Model will not engage in any activity that interferes with or disrupts the Service (or the Service and networks which are connected to the Service).
3.19 Model consents to be depicted in the content uploaded on the website
3.20 Model authorizes Omega XE/Model Centro for public distribution of your website link. (WE WILL NOT distribute any content) and
3.21 Model consents to upload content and to have content downloaded by other users
d) Taxes
3.22 Model is responsible for the declaration of income that is generated from the delivery of the Content and for acting in compliance with the guidelines issued by the competent VAT, tax, and social security authorities.
4. INTELLECTUAL PROPERTY
4.1 Model hereby acknowledges and agrees that Omega XE/Model Centro owns or is entitled to exercise all intellectual property rights necessary to engage in this Agreement and provide access to and use of the Service.
4.2 Unless otherwise agreed in writing with Omega XE/Model Centro, nothing in this Agreement entitles Model to use any intellectual property that Omega XE/Model Centro owns or is entitled to exercise, including trademarks, logos or domain names.
4.3 Model shall immediately notify Omega XE/Model Centro of any intellectual property infringement she should become aware of.
4.4 Model is not allowed to reproduce, broadcast, display, distribute, make available or modify in any other way intellectual property material belonging to third parties such as copyrighted material, trademarks or other proprietary information during its Sessions without having obtained prior written authorization from right holders.
4.5 Model grants Omega XE/Model Centro a worldwide, transferable, sub-licensable, non-exclusive license on the Content provided through the Service to Visitors and Members, including but not limited to copyrights and publicity rights such as screen name and image to in particular reproduce, adapt, modify, translate, publish, make available, publicly perform, display, broadcast, re-transmit or distribute them in any way.
5. PAYMENT
Payments will be made every week. Models will get 75% of earnings and Omega XE will retain 5% and ModelCentro will get 20% after 3 models has proved they are at least 18, Before the 3 models is 70%/5%/25% split. This section will be modified soon to reflect a more precise payout.
6. PERSONAL DATA
6.1 Model authorizes Omega XEModel Centro to collect and process its personal data in the context of the performance of this Agreement, i.e. in particular with regards to:
(i) Process the payments;
(ii) Manage and enable the operation of the Service;
(iii) Conduct promotion of the Service; ONLY website links for Omega XE.
(iv) Defend itself.
6.4 Model authorizes Omega XE/Model Centro to share and transfer its personal data and Content with third parties for the purpose of ID checks, compliance with legal processes and authorities such as tax authorities, social security, police investigations or court order, as well as to prevent fraud or imminent harm and to ensure the security of the Service. Model Centro will control this
7. INDEMNITY & LIABILITY
Omega XE shall not be liable for any loss or damage that may be caused to Model’s equipment or to any data that may be recorded thereon, including but not limited to that resulting from technical problems, breakdowns, tampering with network equipment by unauthorized parties, network overload, contention, interruption of Internet service or any other deficiencies of any kind whatsoever.
Omega XE shall not be held liable for any damage, loss, costs and/or expense caused by third parties or equipment’s used by Model to access and use the Service.
Model shall be liable, indemnify and hold harmless Omega XE against any and all damage, loss, expense and costs directly or indirectly incurred by Omega XE in connection with any claims of any kind arising from the breach of any terms, representations and/or warranties made by Model in this Agreement, including but not limited to:
(i) Any intellectual property disputes and/or others disputes that may result from Model’s access and use of the Service, in particular but not exclusively with regards to Content provided to Visitors and Members;
(ii) Information provided to Omega XE during the registration process and performance of this Agreement;
(iii) Failure to keep login information or account details secure and confidential.
7.5 Model understands and agrees that she is solely responsible for (and that Omega XE has not the responsibility to Model or to any third party) any Content created, transmitted or displayed by Model while using the Service and for its consequences. Model acknowledges that Omega XE does not make any contribution and does not play any role nor exercise any influence upon the Content provided by Model through the Service.
8. EXCLUSION OF WARRANTIES
8.1 Model understands that the Service is provided “as is” and without any warranty of any kind from Omega XE or its licensors. It is Model’s sole responsibility to obtain and maintain the required equipment to access the Service. Omega XE/Model Centro is not responsible for either the network (provider) or the software required to use the Service.
8.2 Omega XE in particular, does not represent or warrant that:
(i) The use of the Service by Model will meet Model’s requirements;
(ii) The use of the Service will be uninterrupted, timely, secure or free from error;
(iii) Defects in the operation or functionality of the Service such as but not exclusively the quality of the connection between Visitors and Members and Model will be corrected.
9. TERMINATION
9.1 The Agreement is entered into for an indefinite period of time.
9.2 Each Party may terminate this Agreement at any time, upon written notice to the other Party, without having to give any reason.
9.3 Absent a breach of this Agreement, the terminating Party shall not incur any liability solely resulting from such termination.
9.4 The License granted by Omega XE/Model Centro to Model shall be revoked at the time the termination becomes effective. Model’s account shall be suspended and the Service deactivated.
9.5 Absent a breach of this Agreement and upon satisfaction, Model is entitled to receive her remuneration calculated for the Sessions that took place until the effective termination date, unless such termination is the result of a fraudulent behavior from Model, in which case (i) no remuneration shall be due, and (ii) all remedies available under the applicable law reserved in favor of Omega XE/Model Centro against Model.
9.6 Provisions of this Agreement whose intention and scope are designed to remain in effect after the termination shall remain in force after such termination.
10. ASSIGNMENT
10.1 Model understands that the License granted is nontransferable and nonsuperimposable. In no event shall Model therefore sell, transfer, assign, sublicense or otherwise dispose of any of the rights and duties contained in this Agreement in any way absent prior written approval of Omega XE.
10.2 Model agrees that Omega XE is entitled to assign or otherwise dispose of this Agreement in whole or in part to a third party.
11. MAJOR FORCE
Neither Party will be liable to the other for failure in performing its obligations hereunder if such failure is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, Acts of God such as fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in telecommunications or third party services, or inability to obtain supplies or power used in or equipment needed for the provision of services hereunder.
12. MODIFICATION
12.1 Omega XE reserves the right to unilaterally modify this Agreement at any time.
12.2 Modifications to this Agreement will be communicated to Model via the Service or by any other means, Omega XE may determine at its discretion.
12.3 Model understands that the technical characteristics and specifications of the Service may be changed at any time without prior notice.
12.4 Model understands and agrees that its use of the Service after the date on which the terms of the Agreement have been changed will be treated as acceptance of the updated version of the Agreement.
12.5 Should Model disagree with such modifications, it may terminate the Agreement.
13. CAPTIONS AND HEADING CLAUSE
The captions and headings used in this Agreement are inserted for convenience only. They do not form a part of this Agreement and shall not be used in any way to construe or interpret this Agreement.
14. ENGLISH LANGUAGE CLAUSE
14.1 This Agreement is in the English language only, which language shall be controlling in all respects and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties.
14.2 All communications and notices to be made or given pursuant to the Agreement shall be in the English language.
14.3 Model is deemed to have understood and agreed upon every provision contained in this Agreement.
15. NOTICES
15.1 Any reference to a written form according to this Agreement shall encompass electronic means. WE WILL ONLY email.
16. APPLICABLE LAW AND JURISDICTION
16.1 This Agreement and all matters arising out of or relating to this Agreement shall be governed by the substantive laws of the United States of America, without regards to conflicts of laws principles thereof.
16.2 Any controversy, claim or dispute between the Parties arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the US Civil Court, and each party hereby irrevocably consent to the jurisdiction and venue of such Court
The model is independently responsible for complying with all applicable laws in all of her actions related to the use of Omega XE/Model Centro services, regardless of the purpose of the use.
According to the Omega XE/Model Centro Acceptable Use Policy, the model may not use the Omega XE/Model Centro service for activities that:
violate any law, statute, ordinance or regulation.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services such as child porn, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) is by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Omega XE/Model Centro and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
CONTRACT AGREEMENT
By the action of registration as a model and by using Omega XE/Model Centro Services, the model agrees with the terms and conditions specified in this agreement (contract).