Terms and Conditions

Effective Date: March 1, 2025 | Last Updated: March 1, 2025

1. Acceptance of Terms

Welcome to Midnight Luxe Dubai ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at midnightluxedubai.com (the "Site") and all related services, features, and content provided by Midnight Luxe Dubai.

By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Site or services.

2. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. Changes will be effective immediately upon posting to the Site. The "Last Updated" date at the top of this page indicates when the Terms were most recently revised.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.

3. Eligibility and User Accounts

3.1 Age Requirements

You must be at least 18 years of age to use our Site and services independently. If you are under 18 years of age, you may only use our Site with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Account Registration

Certain features of our Site may require you to create an account or submit personal information. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use or security breach

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our services at any time, with or without cause or notice, if we believe you have violated these Terms or engaged in prohibited conduct.

4. Use of the Site and Services

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes.

4.2 Prohibited Uses

You agree NOT to use the Site or our services to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable material
• Infringe upon intellectual property rights of Midnight Luxe Dubai or third parties
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Engage in any automated data collection (scraping, bots, spiders) without express written consent
• Attempt to gain unauthorized access to our systems, networks, or data
• Transmit viruses, malware, or any other harmful code
• Interfere with or disrupt the integrity or performance of the Site
• Collect or store personal data about other users without their consent
• Use the Site for any commercial purpose without our written authorization

5. Intellectual Property Rights

5.1 Ownership

All content, materials, features, and functionality on the Site, including but not limited to text, graphics, logos, images, photographs, video, audio, software, and design, are the exclusive property of Midnight Luxe Dubai or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Trademarks

The Midnight Luxe Dubai name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Midnight Luxe Dubai or our affiliates. You may not use such marks without our prior written permission.

5.3 User-Generated Content

When you submit content to us (such as casting applications, photos, portfolios, or communications), you grant Midnight Luxe Dubai a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for purposes related to our business operations and services.

You represent and warrant that:

• You own or have the necessary rights to submit the content
• The content does not infringe any third-party rights
• The content complies with these Terms and applicable laws

6. Modeling Services and Representation

6.1 Application Process

Submission of a casting application or model portfolio through our Site does not guarantee representation, employment, or any specific outcome. Midnight Luxe Dubai reserves the sole discretion to accept or reject any application for any reason.

6.2 No Employment Relationship

Use of our Site or submission of applications does not create an employment relationship, agency relationship, partnership, or joint venture between you and Midnight Luxe Dubai unless a separate written agreement is executed.

6.3 Representation Agreements

Models who are accepted for representation will enter into separate, written representation agreements that will govern the specific terms of the professional relationship. Those agreements will supersede these Terms with respect to matters covered by the representation agreement.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Midnight Luxe Dubai. We provide these links as a convenience and are not responsible for:

• The content, privacy policies, or practices of third-party sites
• Any damages or losses resulting from your use of third-party services
• Any transactions between you and third-party providers

Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Site, you consent to the practices described in our Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

9. Disclaimers and Limitations of Liability

9.1 "As Is" and "As Available" Basis

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Warranty of Accuracy

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• The information provided is accurate, complete, or current
• Any defects or errors will be corrected
• The Site is free of viruses or other harmful components

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Midnight Luxe Dubai, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 Maximum Liability Cap

IN NO EVENT SHALL THE TOTAL LIABILITY OF Midnight Luxe Dubai TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Midnight Luxe Dubai, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Site or services
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions.

11.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be instituted exclusively in the courts of Dubai, United Arab Emirates. You consent to the personal jurisdiction of such courts and waive any objection to venue.

11.3 Arbitration (Optional Provision)

Prior to initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation is unsuccessful, disputes may be resolved through binding arbitration in accordance with the rules of the Dubai International Arbitration Centre (DIAC).

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and Midnight Luxe Dubai regarding your use of the Site and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.

12.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

12.6 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

14. Acknowledgment and Consent

BY USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

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