TERMS AND CONDITIONS
As used herein, “Site” refers to ModelsMania.com and other sites on the World Wide Web (including sites designed to be accessed by browsers using Wireless Application Protocol) originating in the United States which are owned and/or operated by ModelsMania.com. By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access the Site and you should not do so. ModelsMania.com reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions. Any changes or updates will be posted here on the site. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions. ModelsMania.com may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. ModelsMania.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on the Site (including but not limited to articles, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by ModelsMania or the party credited as the provider of the material. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial use, and may print one hard copy of the material on the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to ModelsMania or the other designated owner of a posted trademark.
Copyright Issues and Complaints
We respect the intellectual property rights of others, and require that the people who use this Site, or the services or features made available on or through this Site, do the same. If you believe that the content of any Submission provided by you, or any Content appearing on the Site, has been used on this site in a manner that constitutes copyright infringement, please provide us with a written notice (email is sufficient) that includes the following information:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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 are authorized to act on the copyright owner’s behalf.
Please send this to: firstname.lastname@example.org
Blogs, Videos, Images and other user-generated Postings
If you elect to post comments or material to the ModelsMania blogs, or when you upload images and videos, you will be solely responsible for all this content you add and upload.
You agree and warrant that any Postings you post to the site will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give ModelsMania the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that ModelsMania has no obligation to monitor or delete any such postings.
ModelsMania may monitor activity on the Website, including in the Blogs, to foster compliance with these Terms & Conditions. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with these Terms & Conditions.
ModelsMania will not be responsible for the content of any Postings made by users. ModelsMania has no obligation to verify the accuracy of any personally indentifying information that is posted to our sites. ModelsMania does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable. Offenders who are found to be posting such material will have their access to this site terminated. Because ModelsMania does not monitor the Postings, you agree to use and rely on them at your own risk. ModelsMania cannot make any representation or warranty about the material contained in the Postings.
If ModelsMania elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will ModelsMania be liable for any inaccuracy or defect in any Postings. You agree not to post, email, or otherwise make available Postings:
1. that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
2. that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. that include personal or identifying information about another person without that person’s explicit consent.
4. that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
5. contain your own or a third party’s advertising, branding or promotional content;
6. that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
7. restrict or inhibit any other user from using and enjoying the ModelsMania site or the services offered on ModelsMania.com
8. that include your personal information, such as telephone number, street address, last name, URL or email address;
9. that are “cut and paste” private messages from other users;
10. that re-broadcast any posting that violates these terms.
Members conditions and use of the Site: As a member of this site you are forbidden to,
a. Restrict or inhibit any other guest from using and enjoying the Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of ModelsMania, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of the Site;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18
h. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on the Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, “junk mail,” “spam,” “chain letters,” and “pyramid schemes”), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other guests of the Site are able to type, or otherwise act in a manner that negatively affects other guests’ ability to engage in real time exchanges;
l. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. “Stalk” or otherwise harass another; or
o. Collect or store personal data about other members.
User Uploaded Images & Videos
As a registered member of ModelsMania.com, you are solely responsible for the content you upload. You are not permitted to upload any images or videos that are illegal or prohibited on ModelsMania.com. ModelsMania reserves the right to investigate and take appropriate legal action against anyone who, in ModelsMania’s sole discretion, violates this provision, including without limitation, removing the offending content from ModelsMania.com, terminating the violators from ModelsMania.com, and reporting such content or activities to appropriate authorities. Prohibited content includes, but not limited to, content that, in the sole discretion of ModelsMania.com:
1.is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
2.harassment of any kind
3.exploits people in a sexual or violent manner
4.contains excessive violence or offensive subject
5.solicits or solicit personal information
6.publicly posted information that creates a privacy or security risk to anyone
7.constitutes or promotes information that is false or promotes illegal activities that is abusive, threatening, obscene, defamatory, or libelous
8.constitutes or promotes an illegal or unauthorized copy of copyrighted work
9.involves the transmission of “junk mail,” or unsolicited mass mailing, instant messaging, or spamming
10.promotes any criminal activity or contains information about illegal activities such as weapons, violating a persons privacy, or computer viruses
The Site contains banners and links to Internet sites maintained by others (“Third Party Sites”).The appearance of a link does not imply ModelsMania’s endorsement. ModelsMania has not reviewed all of the Third Party Sites linked to this Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
The purchase of any products from the linked sites is governed by the terms and conditions of the sales transaction with the provider of the product. MODELSMANIA.COM MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ModelsMania.com does not have any responsibility for the processing or delivery of products purchased from the linked sites.
In order to access certain areas of this site, you are required to register, and you must agree to and abide by all of the terms contained in these Terms & Conditions in order to become or remain an authorized member or subscriber of this site. As part of the registration process, you will select a username and password. You also have to give us your registration information, including a valid e-mail address. You agree to provide ModelsMania.com accurate, complete, and updated registration information. Failure to do so will result in and constitute a breach of this agreement, and may result in the termination of your account.
You may not select or use a member username of another person with the intent to impersonate that person. Use a name subject to the rights of any person other than yourself without authorization, or use a username that ModelsMania deems offensive. Use a username in which another person has rights without such person’s authorization; Failure to comply shall constitute a breach of this Agreement, which may result in immediate termination of your account.
You are solely responsible for maintaining the security and confidentiality of your username and password, which you will not have to reveal to any representative or agent of ModelsMania.com
You shall notify ModelsMania.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are solely responsible for all usage or activity on your account on this site, including use of the account by any third party authorized by you to use your log in information including username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ModelsMania’s sole discretion, and ModelsMania may refer you to appropriate law enforcement agencies.
Subscription Fees and Payments
When subscribing to the ModelsMania Magazine, you will not receive your first magazine publication until subscription fees have been received by ModelsMania. You hereby authorize ModelsMania or are billing company to charge your chosen payment method to pay for the fee relating to your subscription. To complete your purchase you may be transferred to our secured billing company, an independent company providing subscription payment processing and other billing services for website operators, such as the owner and operator of this Site. Neither ModelsMania.com nor any person or company related to ModelsMania.com holds any ownership interest in this Site, nor receives any financial benefit from this Site, other than a fee paid by the owner of this Site to ModelsMania.com for the services performed by ModelsMania. ModelsMania.com HAS NO CONTROL OVER THE SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Site. ModelsMania makes no representations and/or warranties, and provides no assurances, regarding the Site, the Site owner, or the quality, availability, legality or description of the products and/or services offered thereon.
For inquiries related to your subscription to ModelsMania Magazine, to change the address of your ModelsMania Magazine subscription, or to provide any other subscription-related information to ModelsMania, please contact: email@example.com
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and ModelsMania.com in connection with your access and use of the Site.
ModelsMania.com may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Site, and the restrictions imposed on you with respect to materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of the Site is at your sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE MATERIALS IN THIS SITE AND ANY DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODELSMANIA AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. MODELSMANIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THE SITE. MODELSMANIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the fullest extent permitted by applicable law, ModelsMania.com and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if ModelsMania.com or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless ModelsMania.com and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by ModelsMania.com and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. ModelsMania.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, ModelsMania may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to ModelsMania.com a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against ModelsMania and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of the Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse ModelsMania and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
The Site is controlled and operated by ModelsMania.com from its offices. ModelsMania makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions constitutes the entire agreement between you and ModelsMania.com and governs your use of the Service, superseding any prior agreements between you and ModelsMania.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ModelsMania.com services, affiliate services, third-party content, services or software. These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of Belize, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of Belize, in which case the latter shall govern. You and ModelsMania.com hereby agree that exclusive venue for any litigation/dispute under this Agreement shall be with the state and federal courts located in Massachusetts.
Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Belize. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MODELSMANIA ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. For all Disputes you must first give us an opportunity to resolve your claim.
You must be 18 years of age or older to be in the ModelsMania magazine, to be on ModelsMania.com or a subscriber of ModelsMania Magazine.
You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.