Terms Of Service
Please carefully read the following Terms before using the Website. By accessing and using the Website or Services, or the content displayed on, posted to, transmitted, streamed, or distributed or otherwise made available on or through the Website, including without limitation, User Materials and Submissions (collectively, “Content”), you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its Content or Services.
YOU MUST BE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) TO VIEW, ACCESS, OR USE THIS WEBSITE, CONTENT OR SERVICES. IF YOU ARE UNDER 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION), YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE, CONTENT OR SERVICES FOR ANY REASON. YOUR ACCESS TO, USE OF, AND BROWSING OF THE WEBSITE AND ITS CONTENTS AND SERVICES ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. BY VIEWING, USING, OR ACCESSING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION) AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE UNDER THE AGE OF 18 (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION) YOU MAY NOT USE, VIEW, OR ACCESS THIS WEBSITE, YOUR PERMISSION TO USE, VIEW, OR ACCESS THE WEBSITE, CONTENT OR SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST IMMEDIATELY AND LEAVE THIS WEBSITE.
These Terms may be revised or updated from time to time. Accordingly, you should check this page regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend that will be located at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Website, Content, or Services after that date. Each time you access, use or browse the Website, Content, or Services you signify your acceptance of the then-current Terms.
2) Permitted Users of Website
a) The Website, Content, or Services are solely directed to persons at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction). This Website may contain material and content of a graphic nature. If you are under the age of 18 (or for jurisdictions in which 18 years old is not the age of majority, under the age of majority for your jurisdiction) you may not use, view, or access this Website, and you must leave this Website immediately. If you are at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) and agree to these Terms, you are permitted to use, view, and access this Website, Content, or Services. If you do not agree to be bound by these Terms or do not wish to view or be exposed to graphic material or are offended by graphic material, you should not and are not permitted to use, view, and access this Website, Content, or Services and you must immediately discontinue your use of the Website. By viewing this Website, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.
b) We are not responsible or liable for any content, communication, or other use or access of the Website, Content, or Services by users of this Website in violation of these Terms.
c) We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Website and must exit immediately. If you are under age 13, you are not permitted to submit any personally identifiable information to the Website. If you provide information to us through the Website or any other part of the Website, Content, or Services you represent to us that you are 18 years of age or older. This does not change the foregoing obligation to be at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction) to use this Website.
3) Permitted Use of Website
a) The Content (other than Submissions which are governed by paragraph 3 of Section 8(d)), Website, and Services are the sole and exclusive property of Modeling.com and/or its licensors. You agree not to reproduce, republish, post, upload, modify, duplicate, alter, copy, distribute, create derivative works from, sell, resell, transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any portion of the Website, Content or Services other than as expressly authorized by Modeling.com in writing, including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in or through the Service, Website, or Content. Use of the Website or the Content or Services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Website, Content or Services through any technology or means other than the video streaming pages of the Service itself or other explicitly authorized means Modeling.com may designate. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website, Content, or Service. Modeling.com reserves the right to remove or suspend access to the Website, Content, or Services without prior notice.
b) You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content or Services. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service or Website. In your use of the Website, Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
c) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Modeling.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, sexually explicit, or that contains nudity, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Modeling.com with respect thereto.
d) Tokens: Tokens are intended for entertainment purposes only, and have no monetary value.
i) Tokens are not allowed to be purchased or sold outside the Website.
ii) Tokens are not allowed to transferred between users for the purpose of bypassing member age and identity verification (becoming a Verified Member).
iii) You agree that you will not offer to sell or purchase Tokens to and from any user of Modeling.com, or any other related website. If you are found to be in violation of this provision, you understand that your account will be permanently blocked, with all Tokens in your account being forfeited.
iv) We, at our own discretion, reserve the right to offer monetary and non monetary rewards to Verified Members of the Website in exchange for their Tokens, but this offer is based solely on the performance of said members on the Website, and their enhancement to other members' user experience.
f) You agree not to solicit payment of any kind outside of the Website. This includes but is not limited to soliciting payments through PayPal, other payment services, and cash.
4) Account Password and Security
The Website may contain features that require registration (e.g., when you register for an account or a contest). You agree to provide accurate, current and complete information about yourself as prompted. If you provide any information that is inaccurate, not current or incomplete, or Modeling.com has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Modeling.com may remove or de-register you from this Website or contest, at its sole discretion. Modeling.com reserves the right to take appropriate steps against any person or entity that intentionally provides false or misleading information to gain access to portions of the Website that would otherwise be denied.
At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, if any, and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Modeling.com of any unauthorized use of your password or account or any other breach of security. Modeling.com is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
5) Proprietary Rights
You acknowledge and agree that, as between Modeling.com and you, all right, title, and interest in and to the Website, Content, and Services including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Modeling.com or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the Website for any other purpose is prohibited. Modeling.com and its licensors reserve all rights not expressly granted in and to the Website, Service and the Content.
Copyright: As between you and Modeling.com, you acknowledge and agree that all Content and Services included in the Website, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, software and other information and materials, is the copyright and property of Modeling.com or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website or Content for the sole purpose of using the Website as a personal internal resource or otherwise for its intended purposes, provided that all hard copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary marks and notices. Any other use, including video recording, reproduction, modification, distribution, transmission, republication, display or performance, of the Website, Content, or Services are strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Modeling.com or its licensors. Without limiting the foregoing, “Modeling.com” is the trademark of Modeling.com. Unauthorized use of any trademark of Modeling.com may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Modeling.com, or of Modeling.com by the third parties.
6) Your Indemnity of Modeling.com and Its Affiliates
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Modeling.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, OBLIGATIONS, DEMANDS, COSTS OR DEBTS, AND EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION, POSTING, OR SUBMISSION TO OR USE OF THE Website OR THE CONTENT OR SERVICES OR SUBMISSION; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF Modeling.com OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOUR SUBMISSION CAUSED DAMAGE TO A THIRD PARTY.
7) User Generated Content
a) Communications Services: The Website may contain areas for you to leave comments or feedback, chat areas, blogs, bulletin board services, focus groups, forums, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Modeling.com and other users of the Website (collectively, "Communication Services"). The opinions expressed in the Communication Services reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Modeling.com. You acknowledge that your submissions to the Website may be or become available to others. You agree only to post, send and receive messages and materials that are in accordance with these Terms and related to the particular Communication Service.
b) Image Capture: You acknowledge that when you log into Modeling.com with a webcam which is enabled, your image may be captured for the purpose of display as your user thumbnail, and you expressly authorize such action.
c) Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Modeling.com reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Modeling.com or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Website, Content, Services or a Communication Service, you will not:
i) Use the Website, Content or Services for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
ii) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
iii) Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
iv) Use the Website for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or Services.
v) Aggregate, copy, duplicate, publish, or make available any of the Content or Services or any other materials or information available from the Website to third parties outside the Website in any manner or any other materials or information available from the Website.
vi) Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise violate the rights (such as rights of privacy and publicity) of others or reveal another users' personal information e.g. hate speech.
vii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, content, video, image, audio, caption, or information e.g. animal abuse, drug or substance abuse, accidents, dead bodies and similar items. Our Services and Website are not provided for the sole purpose of pornography or sexually explicit content. Be advised that we work closely with law enforcement and we report child exploitation. You are not permitted to provide a Submission that contains graphic or gratuitous violence (on yourself or others) or shows yourself or someone else getting hurt, attacked, or humiliated.
viii) Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
ix) Upload or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
x) Use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or conduct or forward surveys.
xi) Harvest or otherwise collect information about others, including email addresses, without their consent.
xii) Download any file or material posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
xiii) Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
xiv) Restrict or inhibit any other user from using and enjoying the Communication Services.
xv) Make recorded videos or images of any parts or users of the Modeling.com website without prior written authorization from Modeling.com.
xvi) Engage in any other action that, in the judgment of Modeling.com, exposes it or any third party to potential liability or detriment of any type.
If you use, view, or access this Website in contravention of these Terms, or if you have repeatedly violated these Terms or a third party's copyright, we reserve the right to terminate the permissions or rights granted to you by Modeling.com and we reserve all of our rights under this Agreement, at law and in equity.
d) User Materials: Any and all content, comments, views, information, data, text, video, image, captions, music, sound, graphics, photos, software, code, audio, sound, music, audio visual combinations, interactive features, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, and other materials, viewed on, accessed through, displayed on, posted to, transmitted, streamed, or distributed or otherwise made available through the Website, Services or the Communication Services by users or other third parties (“User Materials”) are strictly those of the person from which such User Materials originated, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk and Modeling.com expressly disclaims any and all liability in connection with User Materials. Modeling.com does not validate, monitor, or endorse any User Materials of any user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their reliability. Under no circumstances will Modeling.com or its suppliers or agents be liable in any way for any User Materials.
You acknowledge and agree that Modeling.com may or may not pre-screen or monitor User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, delete, move, remove, suspend, block, and/or restrict access to the Website and any Content or User Materials that are available via the Website. You understand that by using the Website, you may be exposed to User Materials that you may consider offensive or objectionable or that may contain nudity or adult oriented or sexually explicit material. Some of the Content on this Website may offend you. If you think that the Content violates these Terms, then “tag” or “flag” the video you are watching to submit it for review by us. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others.
Without limiting the foregoing, Modeling.com and its designees have the right to temporarily or permanently remove, delete, block, suspend or restrict your account or access to the Website or any Content or User Materials on the Website that violate these Terms or are otherwise objectionable, obscene, or offensive in Modeling.com's sole discretion, including without limitation removing or substituting other words for foul or inappropriate language. You agree Modeling.com shall have no liability for such removal, deletion, blocking, suspension, or restriction or any of the actions taken pursuant to this Section.
You further acknowledge and agree that you will not rely on this Website or any Content or Services available on or through the Website. We are not responsible for any errors or omissions in the User Materials or hyperlinks embedded therein or for any results obtained from the use of such information. Under no circumstances will Modeling.com or its suppliers or agents be liable for any loss or damage caused by your reliance on such User Materials.
Except as otherwise expressly permitted under copyright law or as otherwise expressly set forth herein, you will not copy, redistribute, retransmits, publish or commercially exploit the downloaded Content without the express permission of Modeling.com and the copyright owner. You may not sell, lease or rent access to or use of the Website or its Services. You shall not use this Website or any Content or Services at any time for any purpose that is unlawful or prohibited by these Terms and other conditions and notices on the Website and shall comply with all applicable local, state, federal, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations, or treaties of any government or regulatory body of any jurisdiction. You shall not use the Website in any manner that could damage, disable, impair or interfere with any other user's use of the Website or Services or Content. You may not attempt to gain unauthorized access to the Website through hacking or any other unauthorized means. You may not attempt to obtain or obtain any Content or Services through any means not intentionally made available to you through the Website.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Modeling.com's or its designees' use, posting, copying, modification, transmission, or distribution of the Submission or any part thereof. You represent and warrant that you own all right, title, and interest, including copyright, to your Submission, and hold all necessary licenses or releases concerning the contents of your Submission and consents and rights to use, post, copy, modify, distribute, stream, or transmit your Submission. You agree that you are solely responsible for you own Submission and the consequences of submitting and streaming, transmitting, displaying or publishing your Submission on the Service. You must evaluate and bear all risks associated with your disclosure of any Submission.
By making a Submission, you grant Modeling.com and its licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive right and license, in their sole discretion, to use, distribute, stream, reproduce, post, modify, copy, combine, adapt, publish, translate, rent, lease, sell, resell, perform or display (whether publicly or otherwise), make available online or electronically transmit, and perform, and create derivative works of your Submission (in whole or in part), along with your name or any part thereof and city/town/country of residency, in Modeling.com's discretion, on the Website or elsewhere, and to use, copy, adapt, distribute, or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium or channels now known or later developed. You hereby waive any right to inspect such use and any claims based on title, privacy, confidentiality, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission. You also hereby grant each user of the Website, Content and Service a non-exclusive license to view, use, and access your Submission through the Website as permitted through the functionality of the Service and under these Terms.
8) Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
Modeling.com may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Website, Content, or Services by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Modeling.com's Copyright Agent a Notice containing the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help Modeling.com locate content quickly);
d) Your name, address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Modeling.com against you, the DMCA permits you to send Modeling.com a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to Modeling.com's Copyright Agent by clicking here.
Make sure you know whether the Content that you have seen on Modeling.com infringes your copyright. If you are not certain what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
Links to Other Websites and Search Results: The Website may contain links to websites operated by other parties. The Website provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Modeling.com which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Modeling.com disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Modeling.com shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on the Website or any Content or Services available on or through any other site or resource.
Links to the Website: You may link another website to the Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Modeling.com or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Modeling.com or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website; and (iv) Modeling.com reserves the right to revoke its consent to the link at any time and in its sole discretion.
10) Modifications to Website
Modeling.com reserves the right at any time and from time to time to modify, suspend, block, terminate, or discontinue, temporarily or permanently, the Website, Content, or Services, or any portion thereof, with or without notice. You agree that Modeling.com will not be liable to you or to any third party for any modification, suspension, blocking, termination, or discontinuance of the Website, Content, or Services.
The Website is free to use for guests and basic registered members, but VIP memberships and premium features such as video broadcasts could be subject to additional fees. Modeling.com reserves the right to introduce new fees or charges for using all or part of its service at any time with or without notice.
12) Refund Policy
Modeling.com does not typically provide cash refunds unless extraordinary circumstances apply, but we do grant credits in the form of site Tokens and provide discounts in the event you experience technical difficulties that you demonstrate to have made a sincere effort to resolve. All sales are final. Discount rates posted on the site can be changed without prior notice by Modeling.com at their sole discretion. Rates posted on the website at the time of purchase will be the prevailing discount applied to the purchase.
Furthermore, Modeling.com reserves the right to terminate any account for any reason it deems necessary. We also reserve the right to deny service for accounts and users, deemed as fraudulent or otherwise high risk accounts. Processing is at our discretion for refunds for claims of fraud and/or disputes via email, phone calls to our processor and/or requests from issuing banks, banks offering Direct Debit, card holders, and credit card issuers.
13) Suspension and Termination Rights
Modeling.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Website, Content, or Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Modeling.com shall not be liable to you or any third party for any such suspension or termination.
THE WEBSITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE Website, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Modeling.com AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES ARE ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, Modeling.com EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS Website'S CONTENT OR THE CONTENT OF ANY WebsiteS LINKED TO THIS Website AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITE. Modeling.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Modeling.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content, Services, or access to the Website is free of viruses or other harmful code.
15) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Modeling.com AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL Modeling.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF Modeling.com ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.)
YOU SPECIFICALLY ACKNOWLEDGE THAT Modeling.com SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT, PORNOGRAPHIC, NUDE, OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the United Kingdom, without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Hillsborough County, Florida, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THESE TERMS, THE WEBSITE OR THE CONTENT OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Website is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Modeling.com does not represent that the Website, Content, or Services are appropriate outside the United States of America. Modeling.com reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
17) Force Majeure
Modeling.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
18) Ability To Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority to legally enter into binding contracts, at least such age of majority for your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
These Terms and any other legal notices published by Modeling.com set forth the entire understanding and agreement between you and Modeling.com with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Modeling.com's failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign, transfer, sublicense or delegate these Terms or your rights or obligations under these Terms without the prior written consent of Modeling.com, but same may be assigned by Modeling.com without restriction. Any assignment, transfer, sublicense, or delegation in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.