Terms of Use
Welcome to ModelMedia.com, America’s Top
Modeling Site for the Hottest Glamour, Lingerie, Fitness and Swimsuit Models. By using the ModelMedia.com Website
(the "Website") you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member
("Member"). If you wish to become a Member and communicate with other
Members and make use of the ModelMedia.com service (the "Service"),
read these Terms of Use and indicate your acceptance of them by following the
instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website
and your membership in the Service and may be modified by ModelMedia.com from
time to time, such modifications to be effective upon posting by ModelMedia.com
on the Website. This Agreement includes ModelMedia.com's Acceptable Use Policy
for Content Posted on the Website, ModelMedia.com's Privacy Policy, and any
notices regarding the Website. You may also receive a copy of this Agreement by
emailing us at: info@ ModelMedia.com, Subject: Terms of Use Agreement.
1. Eligibility. You must be eighteen or over to register as a member of ModelMedia.com
or use the Website. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement.
2. Term. This Agreement will remain in full
force and effect while you use the Website and/or are a Member. You may
terminate your membership at any time, for any reason, by submitting your
written or email notice of termination. ModelMedia.com may terminate your
membership for any reason, effective upon sending notice to you at the email
address you provide in your application for membership, or such other email
address as you may later provide to ModelMedia.com. If ModelMedia.com
terminates your membership in the Service because you have breached the
Agreement, you will not be entitled to any refund of unused subscription fees.
Even after membership is terminated, this Agreement will remain in effect. Even
after this Agreement is terminated, certain provisions will remain in effect,
including sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Website
is for the personal use of individual Members only and may not be used in
connection with any commercial endeavors. Organizations, companies, and/or
businesses may not become Members and should not use the Service or the Website
for any purpose. Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of
or linking to the Website will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive
redress.
4. Proprietary Rights in Content on ModelMedia.com. ModelMedia.com owns and retains all proprietary rights in
the Website and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of ModelMedia.com, and its
licensors. Except for that information which is in the public domain or for
which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on the Site.
- You understand and agree that ModelMedia.com
may review and delete any content, messages, ModelMedia.com Messenger
messages, photos or profiles (collectively, "Content") that in
the sole judgment of ModelMedia.com violate this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Members.
- You are solely responsible for the Content
that you publish or display (hereinafter, "post") on the
Service, or transmit to other Members.
- By posting Content to any public area of ModelMedia.com,
you automatically grant, and you represent and warrant that you have the
right to grant, to ModelMedia.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind
of Content that is illegal or prohibited on the Website. ModelMedia.com
reserves the right to investigate and take appropriate legal action in its
sole discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the Service
and terminating the membership of such violators. It includes Content
that:
- is patently offensive to
the online community, such as Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- harasses or advocates
harassment of another person;
- involves the transmission
of "junk mail," "chain letters," or unsolicited mass
mailing or "spamming";
- promotes information that
you know is false, misleading, or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
- contains restricted or
password only access pages, or hidden pages or images (those not linked
to or from another accessible page);
- provides material that
exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
- provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses;
- solicits passwords or
personal identifying information for commercial or unlawful purposes from
other users; and
- engages in commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner
consistent with any and all applicable laws and regulations.
- You may not include in your Member profile
any telephone numbers, street addresses, last names, URLs, or email
addresses.
- You may not engage in advertising to, or
solicitation of, other Members to buy or sell any products or services
through the Service. You may not transmit any chain letters or junk email
to other Members. Although ModelMedia.com cannot monitor the conduct of
its Members off the Website, it is also a violation of these rules to use
any information obtained from the Service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or
sell to any Member without their prior explicit consent. In order to
protect our Members from such advertising or solicitation, ModelMedia.com
reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which ModelMedia.com
deems appropriate in its sole discretion.
6.
Copyright Policy. You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written 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; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf. ModelMedia.com's
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Market Media Enterprises, LLC; ATTN: General Counsel; 5735 South
Apache Drive, Suite A,
Las
Vegas, NV. 89148.
7.
Subscription. If you sign up for multiple
subscriptions to ModelMedia.com, you will be limited to only one instance of ModelMedia.com
Messenger, regardless of the number of subscribing accounts you may have with
us.
8. Member Disputes. You are solely responsible
for your interactions with other ModelMedia.com Members. ModelMedia.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
9. Privacy. Use of the Website and/or the
Service is also governed by our Privacy Policy.
10. Disclaimers. ModelMedia.com is not
responsible for any incorrect or inaccurate Content posted on the Website or in
connection with the Service, whether caused by users of the Website, Members,
or by any of the equipment or programming associated with or utilized in the
Service. ModelMedia.com is not responsible for the conduct, whether online or
offline, of any user of the Website or Member of the Service. ModelMedia.com
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or Member
communications. ModelMedia.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including injury or damage to users and/or
Members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Web and/or in
connection with the Service. Under no circumstances will ModelMedia.com be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service, any Content posted
on the Website or transmitted to Members, or any interactions between users of
the Website, whether online or offline. The Website and the Service are
provided "AS-IS" and ModelMedia.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. ModelMedia.com cannot
guarantee and does not promise any specific results from use of the Website
and/or the Service.
11. Limitation on Liability. Except in
jurisdictions where such provisions are restricted, in no event will ModelMedia.com
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special, or punitive damages, including also lost profits arising
from your use of the Web site or the Service, even if ModelMedia.com has been
advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, ModelMedia.com's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to ModelMedia.com for the Service
during the term of membership.
12. U.S. Export Controls. Software from this
Website (the "Software") is further subject to United States export
controls. No Software may be downloaded from the Website or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
13. Disputes. If there is any dispute about or
involving the Website and/or the Service, by using the Website, you agree that
the dispute will be governed by the laws of the State of Nevada without regard
to its conflict of law provisions. You agree to personal jurisdiction by and
venue in the state and federal courts of the State of Nevada, City of Las Vegas.
14. Indemnity. You agree to indemnify and hold ModelMedia.com,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above.
15. Other. This Agreement, accepted upon use of
the Website and further affirmed by becoming a Member of the Service, contains
the entire agreement between you and ModelMedia.com regarding the use of the
Website and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. ModelMedia.com
is a trademark of Market Media Enterprises, LLC.