TERMS AND CONDITIONS OF SERVICE
(Updated April 10, 2017)
- Applicable Sites These Legal Notices apply to the Modeling Opportunities Models, LP website. This includes MyNewModel.com (hereinafter referred to as “Website”) only. They do not apply to other online or offline websites, products or services.
- Copyright Notice Copyright © Modeling Opportunities Models, LP (hereinafter referred to as “Company” ,”We”, “Us”, or “Our”). All rights reserved. All materials found on this Website are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of the Company. Anyone found to be using any material from this Website without prior express permission will be prosecuted to the full extent under the applicable laws.
- Requesting Reproduction Permissions No material found or located on this Website may be reproduced or used for commercial purposes without the prior written permission of the Company. You may contact the Company to request permission using the contact page.
- User/Subscriber Agreement
IMPORTANT! PLEASE READ CAREFULLY
- Website content and user submissions
If you believe that any Content appearing on this Website has been used in a manner that constitutes copyright infringement, please provide the Company with a signed written notice to the above-mentioned address or email address.
- Forums and discussions
This Website may make available comments sections, forums, message boards, etc. (hereinafter referred collectively as “Public Forum”). You shall not upload to, or distribute or otherwise publish through, a Public Forum any content which is illegal, libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use vulgar, abusive or hateful language.You represent and warrant that you own or otherwise control all rights to any content that you post to any Public Forum, that such content is accurate, that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify the Company for all claims resulting from content you supply.The Company does not endorse opinions reflected on Public Forums.You may only use Public Forums in a noncommercial manner without express prior approval.The Company reserves the right to delete, move, or edit any Submission that we, in our sole discretion, deem are in violation of the law, or this Agreement. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
- Links to third party websites
This Website may contain links to other websites, resources, and sponsors of the Website. Selection of any advertisement or link may redirect you off of this Website to a third party website. Interactions and/or transactions that occur between you and any such third party are strictly between you and that third party. We are not responsible for examining such third party websites and do not endorse the offerings or content provided by such third party websites, and thus assume no liability or responsibility for these sources. You should direct any concerns regarding such third party websites to that website’s webmaster.
- Representations and warranties
You represent, warrant and covenant the following:
– that no materials of any kind submitted by you or through your account, or the Company’s use thereof in accordance with the terms and conditions of this Agreement, will (1) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (2) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (3) constitute false or misleading indications of origin or statements of fact; (4) slander, libel or defame any person or entity; or (5) cause injury of any kind to any person or entity; and
– that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.The Company makes no representation that the content on this Website is appropriate for access outside of the United States of America. If you choose to access this Website from outside the USA, you are responsible for compliance with local laws.The Company makes no, and hereby disclaims all, warranties, conditions, guaranties, or representations, whether oral, in writing, or in electronic form, and does not guarantee that your access to or use of this Website or any content available on the Website will be continuous, uninterrupted, error-free, or secure, and makes no warranty as to the results to be obtained from the service. The Company may change any information or content available on this Website at any time without notice, but is not responsible for updating any information or content found on this Website. The use of this Website, the service and the content is at your own risk.
You hereby agree to indemnify, defend, and hold harmless the Company and its members, managers, agents, and any other party of interest (hereinafter “Parties”) from and against any and all causes of action, claims, liabilities, and costs incurred by these Parties in connection with any claim arising from any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You agree to cooperate as fully and reasonably as required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without prior written approval by the Company.
- Limitation of liability
The Company shall not be responsible to you or any third party for the following:
– any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of or inability to use this Website;
– any of the materials provided by the Company or third parties through this Website; or
– any damage or loss interruptions, deletions of files, errors, defects, or delays regardless of the claim as to the nature of the cause of action, even if the Company has been advised of the possibility of such damage or loss.Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.To the fullest extent permissible under applicable law, the aggregate liability of the Company, and the aggregate liability of our licensors, to you or any third party in any circumstance is limited to U.S. Dollars $0
- CAN-SPAM Act of 2003
If adversely affected by a violation of the CAN-SPAM Act of 2003 (15 U.S.C. § 7701, et. seq.), section 7704(a)(1), 7704(b), 7704(d) or a pattern or practice that violates paragraph (2), (3), (4), or (5) of section 7704(a), the Company reserves the right to bring a civil action in any district court of the United States with jurisdiction over the defendant under section 7706(g) and will seek all available remedies including enjoining further violation and recovery of monetary damages including but not limited to statutory damages, aggravated damages, attorney’s fees and costs. Violation of the CAN-SPAM Act may also subject you to other severe criminal and civil penalties.
- System integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, or any transaction conducted on this Website.
- Registration and security
You must be 18 years or older to subscribe to this Website, or the applicable age of majority in your jurisdiction.In order to access certain areas of this Website and to post comments, you will be required to register and may be required to pay for such access. You must agree to abide by all of the terms contained in the Agreement in order to become or remain an authorized subscriber of this Website. In order to register and subscribe for a paid membership to this Website, you must indicate agreement with the terms and conditions of this Agreement by checking the “I have read and agree to the membership Terms and Conditions” checkbox on the registration page. Please feel free to read and reread this Agreement as often as you would like to before subscribing to this Website. The Company reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time, and may on occasion require you to accept the terms of such changes to continue using this Website. As part of the registration process, you consent and agree to the exchange of your personal information, including but not limited to your name and email address, with the Company by way of computer interactions. We do not sell, share or rent information provided to us via the online registration form. You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to you from the Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications. Moreover, you agree that your authorization and permission to the Company to send you such materials and communications shall continue to be in effect unless and until you notify the Company in writing that you wish to be deleted from the email list.You also agree to provide personal information to ccBill.com, a third-party billing company. You agree to accept the terms and conditions of ccbill.com, upon registration with them, including payment of all fees and charges incurred through your use of this Website. The Company does not have access to any financial information you provided to ccbill.com. The Company assumes no responsibility or liability for any damages that may occur as a result of your registration with this Website or as a result of you providing any personal information to CC Bill.You are solely responsible for maintaining the confidentiality of your registration information, and shall notify the Company of any known or suspected unauthorized use of your account. You are responsible for all usage or activity on your account to this Website. You may not share your password with any third party or use your password for any unauthorized purpose. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at the sole discretion of the Company, and you may be referred to appropriate law enforcement agencies.
- RENEWAL POLICY FOR AUTOMATICALLY RENEWING SUBSCRIPTIONS
We will charge or debit your payment method at the beginning of your subscription. When we renew your Premium Membership subscription, we will use the payment method currently associated with your account. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your Premium Membership will revert to a Basic Membership. If we are unable to collect payment prior to your renewal date, and you wish to retain your Premium Membership, you will be subject to current payment plan offerings. In certain cases, such as an expired card, our payment processor will contact the card issuing bank for updated information to allow the purchase to go through. Until you cancel, billing will continue according to the cycle stated at the time of your purchase. If you have a Charter Membership and fail to renew your membership within 30 days of its expiration, you will be subject to the current payment plan offerings when you renew. The Termination and Refund Policy for Premium Memberships explained below also applies to Charter Memberships.
- Termination and Refund Policy
You may cancel your subscription directly and instantly through CCBill. You may alternatively choose to have us cancel your subscription by contacting our support. Having the Company’s support staff cancel your membership is subject to support response time which is normally 1-3 business days but can be longer. Your subscription will be terminated at the end of the term in effect. You are responsible for all charges incurred up to the time your account is terminated. The Company reserves the right to terminate or suspend your account for any or no reason, including any breach of this Agreement without notice.Refunds are limited solely to access issues that cannot be resolved through our support. To be eligible for a refund, you must contact support within 14 days of the charge date. In the event a refund is issued, it will only be for the most recent charge and will be refunded to the original credit card used to purchase membership to this Website. No cash or check refund will be issued.
- Applicable law
This Agreement has been made in and shall be construed and enforced in accordance with Pennsylvania law without regard to any conflict of law provision. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Pittsburgh, Pennsylvania, and you hereby consent to the personal jurisdiction and venue of the courts located in Allegheny County, Pennsylvania.
This Agreement, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and the Company with respect to your access to and use of this Website and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and the Company with respect to this Website. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. The Company may assign this Agreement: (1) to any of its affiliates, (2) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of the Company, or (3) in connection with the sale of the Website or the business unit associated with such this Website.
Acceptance You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.