Model w00t is a social networking service geared
toward the modeling and fashion industry that allows members to create unique
personal profiles online in order to find and communicate with old and new
industry friends. The service is operated by Model w00t. By using the Model w00t
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,
communicate with other Members and make use of the Model w00t services (the
"Service"), please read this Agreement and indicate your acceptance by following
the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website
and your Membership in the Service.
Model w00t may modify this Agreement from time to time and such modification
shall be effective upon posting by Model w00t on the Website. You agree to be
bound to any changes to this Agreement when you use the Service after any such
modification is posted. This Agreement includes Model w00t's policy for
acceptable use and content posted on the Website, your rights, obligations and
restrictions regarding your use of the Website and the Service and Model w00t's
Privacy Policy.
Please choose carefully the information you post on Model w00t and that you
provide to other Members. Any photographs posted by you may not contain explicity nudity,
violence, or offensive subject matter. Information provided by other Model w00t
Members (for instance, in their Profile) may contain inaccurate, inappropriate
or offensive material, products or services and Model w00t assumes no
responsibility or liability for this material.
Model w00t reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting (including email) by you, or to restrict, suspend, or
terminate your access to all or any part of the Website and/or Services at any
time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Model w00t event, you agree to release and hold
Model w00t harmless from any and all losses, damages, rights, claims, and
actions of any kind including, without limitation, personal injuries, death, and
property damage, either directly or indirectly related to or arising from your
participation in any such offline Model w00t event.
Terms of Use
1) Your Interactions.
You are solely responsible for your interactions and communication with other
Members. Although Model w00t manually approves members, you understand that Model w00t does not in any way screen its Members,
nor does Model w00t inquire into the backgrounds of its Members or attempt to
verify the statements or accuracy of its Members. Model w00t makes no representations or
warranties as to the conduct of Members or their compatibility with any current
or future Members. We do however recommend that if you choose to meet or
exchange personal information with any member of Model w00t then you should take
it upon yourself to do a background check on said person.
In no event shall Model w00t be liable for any damages whatsoever, whether
direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone else in
connection with the use of the Service, including without limitation, bodily
injury, emotional distress, and/or any other damages resulting from
communications or meetings with other registered users of this Service or
persons you meet through this Service.
2) Eligibility.
Membership in the Service is void where prohibited. By using the Website and the
Service, you represent and warrant that all registration information you submit
is truthful and accurate and that you agree to maintain the accuracy of such
information. You further represent and warrant that you are 18 years of age or
older and that your use of the Model w00t shall not violate any applicable law
or regulation. Your profile may be deleted without warning, if it is found that
you are misrepresenting your age. Your Membership is solely for your personal
use, and you shall not authorize others to use your account, including your
profile or email address. You are solely responsible for all content published
or displayed through your account, including any email messages, and for your
interactions with other members.
3) Term/Fees.
This Agreement shall remain in full force and effect while you use the Website,
the Service, and/or are a Member. You may terminate your membership at any time.
Model w00t may terminate your membership for any reason, effective upon sending
notice to you at the email address you provide in your Membership application or
other email address as you may subsequently provide to Model w00t. By using the
Service and by becoming a Member, you acknowledge that Model w00t reserves the
right to charge for the Service and has the right to terminate a Member's
Membership if Member should breach this Agreement or fail to pay for the
Service, as required by this Agreement.
4) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by the management of Model w00t. Illegal and/or
unauthorized use of the Website, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Website will be
investigated. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from member profiles without notice and may result
in termination of membership privileges. Appropriate legal action will be taken
by Model w00t for any illegal or unauthorized use of the Website.
5) Proprietary Rights in Content
on Model w00t.
Model w00t owns and retains all proprietary rights in the Website and the
Service. The Website contains copyrighted material, trademarks, and other
proprietary information of Model w00t 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.
6) Content Posted on the Site.
a. You understand and agree that Model w00t may review and delete any content,
messages, Model w00t Messenger messages, photos or profiles (collectively,
"Content") that in the sole judgment of Model w00t violate this Agreement or
which may be offensive, illegal or violate the rights, harm, or threaten the
safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to Model w00t the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Model w00t 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. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. 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;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
or xi. nudity that contains explicit sexual content to include erect penises, direct shots and close-ups of all genitalia, touching of the genitalia by the model or other person and sexual positions between multiple models
e. You must use the Service in a manner consistent with any and all applicable
laws and regulations. f. You may not engage in advertising to, or solicitation
of, any Member 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
Model w00t 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,
Model w00t 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 Model w00t
deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any Model w00t page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Model w00t.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
7) 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. It is the policy of Model w00t
to terminate membership privileges of any member who repeatedly infringes
copyright upon prompt notification to Model w00t by the copyright owner or the
copyright owner's legal agent. 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. Model w00t's Copyright Agent for notice of claims of copyright
infringement can be reached via email address.
8) Member Disputes.
You are solely responsible for your interactions with other Model w00t Members.
Model w00t reserves the right, but has no obligation, to monitor disputes
between you and other Members.
9) Disclaimers.
Model w00t is not responsible for any incorrect or inaccurate content posted on
the Website or in connection with the Service provided, whether caused by users
of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. Model w00t is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
Model w00t 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, any
user or Member communication. Model w00t 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 any
email or players due to technical problems or traffic congestion on the Internet
or at any Website or combination thereof, including any injury or damage to
users and/or Members or to any person's computer related to or resulting from
participation or downloading materials in connection with the Website and/or in
connection with the Service. Under no circumstances shall Model w00t be
responsible for any loss or damage, including personal injury or death,
resulting from use of the Website or the Service or from 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 Model w00t expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Model w00t cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
10) Limitation on Liability.
IN NO EVENT SHALL Model w00t BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE
SERVICE, EVEN IF Model w00t HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Model w00t.S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Model
w00t FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11) Disputes.
If there is any dispute about or involving the Website and/or the Service, by
using the Website, you agree that any dispute shall be governed by the laws of
the area in which we are based without regard to conflict of law provisions and
you agree to personal jurisdiction by and venue in the area in which we are
based.
12) Indemnity.
You agree to indemnify and hold Model w00t, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' 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.
13) Other.
This Agreement is accepted upon your use of the Website and is further affirmed
by you becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and Model w00t regarding the use of the Website and/or the
Service. The failure of Model w00t to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. Please contact us with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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