Terms of use of the MOVIESMUSICMODELS.COM
website:
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MoviesMusicModels.com is
a public access general purpose portfolio hosting web site and community for models,
actors, photographers, agents/agencies and other entertainment specific business
and professionals.
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This Agreement sets forth
the legally binding terms of your use of the MoviesMusicModels.com website at its
services located at URL http://www.MoviesMusicModels.com. By using and/or visiting
this website ("MOVIESMUSICMODELS.COM"), (collectively, including all content available
through the MoviesMusicModels.com domain name, the "MOVIESMUSICMODELS.COM Website",
or "Website",) you signify your assent to both these terms and conditions ("Terms
of Use") and the terms and conditions of MOVIESMUSICMODELS.COM's Privacy Policy,
which are published, and which are incorporated herein for reference. In addition,
when using particular services provided by us such as viewing any clips, or participating
in any contests, you shall be subject to any additional guidelines or rules applicable
to such services. Kindly print these terms of use or save a copy of these terms
of service for your records. If you do not agree to any of these terms, then please
do not use the MOVIESMUSICMODELS.COM website.
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1. The provision governing your use of the MOVIESMUSICMODELS.COM website.MoviesMusicModels.com
is an online entertainment site fully owned by Xzbitz Film & TV, Inc a California
corporation having its principal place of business at PO Box 2271, Los Gatos, California
-95031, USA. The MOVIESMUSICMODELS.COM Website is hosted in the USA and is subject
to the laws governing the USA.
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You are only authorized to
use the MOVIESMUSICMODELS.COM Website (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws and to these Terms of
Use and the privacy policy referred to in Clause 1 above. We reserve the right at
any time to change the terms of this Agreement; change the Services, including eliminating
or modifying any content on or feature of the Site; or change/charge any fees or
charges for use of the Services. Any changes we make will be effective immediately
on notice, which we may give either by posting the new Agreement on the Site or
via electronic mail. Your use of the Services after such notice will be deemed acceptance
of such changes. Be sure to review this Agreement periodically to ensure your familiarity
with the most current version. You will always be able to tell when the version
was last updated by checking the "Last Revised" date in the header of this agreement.
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Please note that these Terms
of Use apply to all Users of the MOVIESMUSICMODELS.COM Website, including Users
who are also contributors of video content, information, and other materials or
services on the MOVIESMUSICMODELS.COM Website. The MOVIESMUSICMODELS.COM Website
may contain links to third party websites that are not owned or controlled by MOVIESMUSICMODELS.COM.
MOVIESMUSICMODELS.COM has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party websites. In addition,
MOVIESMUSICMODELS.COM will not and cannot censor or edit the content of any third-party
site. By using the Website, you expressly indemnify MOVIESMUSICMODELS.COM from any
and all liability arising from your use of this Website and any third party website
as aforesaid. Accordingly, we encourage you to be aware when you move out of the
MOVIESMUSICMODELS.COM Website and to read the terms and conditions and privacy policy
of each other website that you visit.
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1.
You are solely responsible for the content including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") that you post on the MOVIESMUSICMODELS.COM Website, and
any material or information that you transmit to other Members and for your interactions
with other Users. MOVIESMUSICMODELS.COM does not endorse and has no control over
the Content. Content is not necessarily reviewed by MOVIESMUSICMODELS.COM prior
to posting and does not necessarily reflect the opinions or policies of MOVIESMUSICMODELS.COM.
MOVIESMUSICMODELS.COM makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or information
that you transmit to other Members.
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MOVIESMUSICMODELS.COM hereby grants you permission to use
the Website as set forth in these terms of use, provided that:
(i) your use of the Website as permitted is solely for your personal, noncommercial
use;
(ii) you will not copy or distribute any part of the Website in any medium without
MOVIESMUSICMODELS.COM's prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these Terms of Use.
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In order to access some features of the Website, you will have to create an account.
You may never use another Member's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure.You must notify MOVIESMUSICMODELS.COM
immediately of any breach of security
or unauthorized use of your account. Although MOVIESMUSICMODELS.COM will not be
liable for your losses caused by any unauthorized use of your account, you may be
liable for the losses of MOVIESMUSICMODELS.COM or others due to such unauthorized
use. In consideration of your use of the Site and Services, you agree, where information
is requested, to provide true, accurate, current, and complete information about
yourself, and to maintain and update it promptly. You agree that if any information
you provide is false, inaccurate, not current, or incomplete, we may terminate your
use of the Site and/or the Services. You are responsible for maintaining the confidentiality
of your password, and agree not to transfer your use of or access to the Site or
Services to any third party. You are fully responsible for all activities that occur
under your password or user name, including, without limitation, purchases. You
agree to
(a) immediately notify us of any unauthorized use of your password or user name
or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. We are not
liable for any loss or damage arising from your failure to comply with all of the
foregoing obligations.
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KINDLY NOTE THAT MOVIESMUSICMODELS.COM
PROHIBITS PORNOGRAPHY ON ITS SITE.
Please choose carefully the information you post on the MOVIESMUSICMODELS.COM Website
and that you provide to other Users. Your MOVIESMUSICMODELS.COM profile must not
include any photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT
PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE
REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to
be published in the electronic form, any material which is lascivious or appeals
to the prurient interest or if its effect is such as to tend to deprave and corrupt
people who are likely, having regard to all relevant circumstances, to read, see
or hear the matter contained or embodied in it shall be strictly treated under the
Information ACTS and LAWS of California and the USA. Despite this prohibition, information
provided by other Members (for instance, in their profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services, and
MOVIESMUSICMODELS.COM assumes no responsibility or liability for this material.
If you become aware of misuse of the services provided by MOVIESMUSICMODELS.COM
by any person, please contact us at
info@MoviesMusicModels.com.
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MOVIESMUSICMODELS.COM reserves
the right, in its sole discretion, to reject, refuse to post or remove any Content
(including private messages) posted by you, or to restrict, suspend, or terminate
your access to all or any part of the MOVIESMUSICMODELS.COM Website at any time,
for any or no reason, with or without prior notice, and without liability. MOVIESMUSICMODELS.COM
expressly reserves the right to remove your profile and/or restrict, suspend, or
terminate your access to any part of the MOVIESMUSICMODELS.COM Website if MOVIESMUSICMODELS.COM
determines, in its sole discretion, that you pose a threat to MOVIESMUSICMODELS.COM
and/or its Users.
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You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the MOVIESMUSICMODELS.COM servers in a given
period of time than a human can reasonably produce in the same period by using a
convention on-line web browser. Notwithstanding the foregoing, MOVIESMUSICMODELS.COM
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such materials. MOVIESMUSICMODELS.COM
reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided by
the Website for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect to their User Submissions
(defined below).
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By using the MOVIESMUSICMODELS.COM Website, you represent and warrant that (a) you
are 18 years of age or above (b) your use of the MOVIESMUSICMODELS.COM Website does
not violate any applicable law or regulation. Your profile may be deleted and your
membership may be terminated without warning, if we believe that you are less than
18 years of age. The Site is NOT directed to or intended for people under the age
of 18 (Eighteen). Users less than Eighteen (18) years of age may not register to
use the Site. MOVIESMUSICMODELS.COM does not knowingly collect any personal information
from users under the age of eighteen. If you are a parent of a person under the
age of eighteen and you have questions about our Site or Privacy Policy, please
feel free to contact MOVIESMUSICMODELS.COM
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These Terms of Use shall remain in full force and effect while you use the MOVIESMUSICMODELS.COM
Website or continue to be a Member. You may terminate your membership at any time,
by logging into your account and deleting. MOVIESMUSICMODELS.COM may terminate your
membership at any time, without warning. Even after membership is terminated, these
Terms of Use will remain in effect and continue to bind you accordingly
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You acknowledge that MOVIESMUSICMODELS.COM reserves the right to charge for the
services on the MOVIESMUSICMODELS.COM Website and to change its fees from time to
time at its discretion. If MOVIESMUSICMODELS.COM terminates your membership because
you have breached these Terms of Use, you shall not be entitled to the refund of
any unused portion of subscription fees.
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2. Intellectual property rights
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The content on the
MOVIESMUSICMODELS.COM
Website, except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to MOVIESMUSICMODELS.COM,
and/or its licensors, and is protected by applicable intellectual property and other
laws(whether registered or not), including but not limited to copyright, and that
you will not use such proprietary information or materials in any way whatsoever.
Content on the Website is provided to you AS IS basis for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners and MOVIESMUSICMODELS.COM.
MOVIESMUSICMODELS.COM reserves all rights not expressly granted in and to the Website
and the Content. You agree not to engage in the use, copying, or distribution of
any of the Content other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained through the Website
for any commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices contained
therein. You agree not to circumvent, disable or otherwise interfere with security
related features of the MOVIESMUSICMODELS.COM Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the MOVIESMUSICMODELS.COM
Website or the Content therein.. All copyrights in and to the Content, including
the software, are owned by MOVIESMUSICMODELS.COM and/or its licensors.
THE USE
OF ANY PART OF THE CONTENT, EXCEPT FOR USE OF THE CONTENT AS PERMITTED IN THESE
TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY
RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,
INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT
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3. Important usage conditions and
related provisions
a)The MOVIESMUSICMODELS.COM Website may now or in the future permit the submission
of videos or photos or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of such User
Submissions. You understand that whether or not such User Submissions are
published, MOVIESMUSICMODELS.COM does not guarantee any confidentiality with
respect to any submissions
b)You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that:
i)You own
or have the necessary licenses, rights, consents, and permissions to use and authorize
MOVIESMUSICMODELS.COM to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the Website and these
terms of use; and
ii)You have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or likeness
of each and every such identifiable individual person to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and these terms
of use. For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to MOVIESMUSICMODELS.COM, you hereby
grant MOVIESMUSICMODELS.COM a worldwide, nonexclusive, royalty-free, sublicense-able
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the MOVIESMUSICMODELS.COM
Website and MOVIESMUSICMODELS.COM's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the MOVIESMUSICMODELS.COM
Website (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the MOVIESMUSICMODELS.COM Website a
non-exclusive license to access your User Submissions through the Website, and to
use, reproduce, distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Website and under
these terms of use.
c)Registration
with the site and/ or uploading your portfolio/ resume does not guarantee selection/
appointment as the decision for the same lies with the recruiting companies. In
connection with User Submissions, you further agree that you will not:
1.Submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have written permission from their rightful owner
to post the material and to grant MOVIESMUSICMODELS.COM all of the license rights
granted herein;
2.Publish falsehoods or misrepresentations that could damage MOVIESMUSICMODELS.COM
or any third party;
3.Submit material that is unlawful, obscene, defamatory, libelous, scandalous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate;
4.Impersonate another user. MOVIESMUSICMODELS.COM does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and MOVIESMUSICMODELS.COM
expressly disclaims any and all liability in connection with User Submissions. MOVIESMUSICMODELS.COM
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and MOVIESMUSICMODELS.COM will remove all Content
and User Submissions if properly notified that such Content or User Submission infringes
on another's intellectual property rights. MOVIESMUSICMODELS.COM reserves the right
to remove Content and User Submissions without prior notice. MOVIESMUSICMODELS.COM
will also terminate a User's access to its Website, if they are determined to be
a repeat infringer. A repeat infringer (except in the case of pornographic content)
is a User who has been notified of infringing activity more than twice and/or has
had a User Submission removed from the Website more than twice. MOVIESMUSICMODELS.COM
also reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Use for violations other than copyright infringement
and violations of intellectual property law, such as, but not limited to, pornography,
obscene, scandalous or defamatory material, of excessive length. MOVIESMUSICMODELS.COM
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Use at any time, without prior notice
and at its sole discretion. In particular, if you are a copyright owner or an agent
thereof and believe that any User Submission or other content infringes upon your
copyrights, you may submit a notification of the same to info@MoviesMusicModels.com
with the following information in writing:
a)A physical
or electronic signature of a user authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
b)Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
c)Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
d)Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
e)A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
f)A statement that the information in the notification is accurate, and under penalties
of misrepresentation and other applicable laws, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. You understand
that when using the MOVIESMUSICMODELS.COM Website, you will be exposed to User Submissions
from a variety of sources, and that MOVIESMUSICMODELS.COM is not responsible for
the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Website with respect thereto, and agree to indemnify
and hold MOVIESMUSICMODELS.COM, its owners/operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to your
use of the site.
The following
is a partial list of the kind of Content that is illegal or prohibited to post on
or through the MOVIESMUSICMODELS.COM services. MOVIESMUSICMODELS.COM reserves the
right to investigate and take appropriate legal action against anyone who, in MOVIESMUSICMODELS.COM's
sole discretion, violates this provision, including without limitation, removing
the offending communication from the MOVIESMUSICMODELS.COM Website and terminating
the membership of such violators. Prohibited Content includes, but is not limited
to Content that, in the sole discretion of MOVIESMUSICMODELS.COM:
Is patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual; harasses or advocates harassment of another
user; exploits people in a sexual or violent manner; contains nudity, violence,
or offensive subject matter or contains a link to an adult website; solicits personal
information from anyone under 18;
Provides any telephone numbers, addresses, last names, urls or email addresses;
promotes information that you know is false or 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; involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or "spamming";"phishing"
contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page); furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal activities
including, but not limited to 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; involves
commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another
person that you have posted without that person's consent; or for band and filmmaker
profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile. criminal or tortures activity,
including child pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets; advertising
to, or solicitation of, any Member to buy or sell any products or services through
the MOVIESMUSICMODELS.COM services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any information
obtained from the MOVIESMUSICMODELS.COM Website 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, MoviesMusicModels.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 MOVIESMUSICMODELS.COM deems appropriate
in its sole discretion. If you breach any provisions of these Terms of Use and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the MOVIESMUSICMODELS.COM Website, you acknowledge that you will
have caused substantial harm to MOVIESMUSICMODELS.COM, but that the amount of such
harm would be extremely difficult to ascertain. covering or obscuring the banner
advertisements on your personal profile page, or any MOVIESMUSICMODELS.COM page
via HTML/CSS or any other means; any automated use of the system, such as using
scripts to add friends or send comments or messages; interfering with, disrupting,
or creating an undue burden on the MOVIESMUSICMODELS.COM Website or the networks
or services connected to MOVIESMUSICMODELS.COM; attempting to impersonate another
Member or person; for band profiles, copying your MOVIESMUSICMODELS.COM code and
embedding it into other profiles or asking other Members to embed it into their
profiles; using the account, username, or password of another Member at any time
or disclosing your password to any third party or permitting any third party to
access your account; selling or otherwise transferring your profile; using any information
obtained from the MOVIESMUSICMODELS.COM Website in order to harass, abuse, or harm
another person; displaying an advertisement on your profile, or accepting payment
or anything of value from a third person in exchange for your performing any commercial
activity on or through the MOVIESMUSICMODELS.COM Website on behalf of that person,
such as placing commercial content on your profile, posting blogs or bulletins with
a commercial purpose, selecting a profile with a commercial purpose, or sending
private messages with a commercial purpose; or using the MOVIESMUSICMODELS.COM Website
in a manner inconsistent with any and all applicable laws and regulations. In connection
with using the Demo Video service on MoviesMusicModels.com The Demo Video service
is a ‘paid premium video portfolio service’ that will help users create a video
portfolio. The service will enable new and existing users of MoviesMusicModels to
create a video portfolio and upload the same to their online portfolio residing
at MoviesMusicModels.com. The service will offer users a maximum of 3 videos of
2 minutes each. MoviesMusicModels is offering this as a paid service, wherein MoviesMusicModels
will be charging the users a fee for its services. User shall be opting for this
service so as to promote his/her talent. Users hereby agree that the created video
will be displayed on MoviesMusicModels.com and other properties of MoviesMusicModels.com
on both internet and mobile The service is not to be mistaken as an audition call.
This doesn’t promise, warranty or guarantee any role or audition calls to any user.
This is a promotional cost for highlighting the user’s profile on the site.User
understands and agree that MoviesMusicModels may delete any content, messages, photos,
frame, or profiles (collectively, “Content”) that in the sole judgment of MoviesMusicModels
violate the rules of this Site or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of either MoviesMusicModels and/or
its Members. The aim of the service is to help users get more calls for casting.
The service neither guarantees the chance of an audition call nor the number of
audition calls. The service is a premium service and users will get a highlighted
portfolio that will distinguish their portfolio from other non premium portfolios
for 12 months from the date of purchase of the Demo Video product.MoviesMusicModels.com
reserves the right to cancel the service if the payment is not realized. MoviesMusicModels
reserves the rights to cancel the premium service for a user found guilty of violating
the rules of MoviesMusicModels. Under any circumstances there will be no refund
payable to the user.Multiple portfolios of the same person are not allowed on MoviesMusicModels.
MoviesMusicModels reserves the right to deactivate all multiple video portfolios
without any refund of subscription fees By using the service, users also agree to
the terms and condition of the site and hereby authorize to use his/her image, photographs,
likeness, stats and any other information necessary in order You are solely responsible
for your interactions with other MOVIESMUSICMODELS.COM Members. MOVIESMUSICMODELS.COM
reserves the right, but has no obligation, to monitor disputes between you and other
Members. Use of the MOVIESMUSICMODELS.COM Website is also governed by our privacy
policy, which is incorporated into these Terms of Use by this reference.
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4. Disclaimers
YOU AGREE THAT YOUR USE OF THE MOVIESMUSICMODELS.COM WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIESMUSICMODELS.COM, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. MOVIESMUSICMODELS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE 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 WEBSITE,
(III)ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE,
(IV)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE 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 THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOVIESMUSICMODELS.COM
WEBSITE. MOVIESMUSICMODELS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE MOVIESMUSICMODELS.COM WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND MOVIESMUSICMODELS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
INCLUSION OF ANY LINKED WEBSITE ON THE MOVIESMUSICMODELS.COM WEBSITE DOES NOT
IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY MOVIESMUSICMODELS.COM.
WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
MOVIESMUSICMODELS.COM TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS
WHICH ARE POSTED ON THE MOVIESMUSICMODELS.COM WEBSITE OR THROUGH THE
MOVIESMUSICMODELS.COM SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE
GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. MOVIESMUSICMODELS.COM IS NOT
RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF THE MOVIESMUSICMODELS.COM SERVICES. MOVIESMUSICMODELS.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, ANY USER OR
MEMBER COMMUNICATION. MOVIESMUSICMODELS.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 ANY EMAIL OR PLAYERS DUE TO TECHNICAL
PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE
MOVIESMUSICMODELS.COM SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR
DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING
FROM PARTICIPATION IN CONNECTION WITH THE MOVIESMUSICMODELS.COM SERVICES. UNDER
NO CIRCUMSTANCES SHALL MOVIESMUSICMODELS.COM BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE
MOVIESMUSICMODELS.COM SERVICES, ATTENDANCE AT A MOVIESMUSICMODELS.COM EVENT, FROM ANY
CONTENT POSTED ON OR THROUGH THE MOVIESMUSICMODELS.COM SERVICES, OR FROM THE
CONDUCT OF ANY USERS OF THE MOVIESMUSICMODELS.COM SERVICES, WHETHER ONLINE OR
OFFLINE. THE MOVIESMUSICMODELS.COM SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE
AND MOVIESMUSICMODELS.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOVIESMUSICMODELS.COM CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE
MOVIESMUSICMODELS.COM SERVICES.
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5. Limiation of liability
IN NO EVENT SHALL MOVIESMUSICMODELS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE 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 USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOVIESMUSICMODELS.COM WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOVIESMUSICMODELS.COM SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MOVIESMUSICMODELS.COM from its facilities in the USA.
MOVIESMUSICMODELS.COM makes no representations that the MOVIESMUSICMODELS.COM Website is appropriate or
available for use in other locations. Those who access or use the MOVIESMUSICMODELS.COM Website
from other jurisdictions do so at their own volition and are responsible for compliance with
local laws. |
6. Indemnity
You agree to defend, indemnify and hold harmless MOVIESMUSICMODELS.COM, its parent corporation,
officers, directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from:
(i)your use of and access to the MOVIESMUSICMODELS.COM Website;
(ii)your violation of any term of these Terms of Use;
(iii)your violation of any third party right,
including without limitation any copyright, property, or privacy right; or
(iv)Any claim that one
of your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the MOVIESMUSICMODELS.COM Website.
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7. Ability to accept terms of use
You affirm that you are either more than 18 years of age, 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 of Use, and to abide by and comply with these Terms of Use.
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8. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by MOVIESMUSICMODELS.COM without restriction.
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9. General
You agree that:
(i)The MOVIESMUSICMODELS.COM Website shall be deemed solely based in the USA
(ii)The
section titles in this Agreement are for convenience only and have no legal or contractual
effect;
(iii)Nothing in these Terms of Use shall be deemed to constitute a partnership or a
joint venture between the you and MOVIESMUSICMODELS.COM. Nothing contained in these Terms of Use
shall constitute you as the agent of MOVIESMUSICMODELS.COM or otherwise entitle you to have authority
to bind MOVIESMUSICMODELS.COM for any purpose. and (iv) any claim or dispute between you and
MOVIESMUSICMODELS.COM that arises in whole or in part from the MOVIESMUSICMODELS.COM Website shall be
decided exclusively by a court of competent jurisdiction located in California, USA. You and
MOVIESMUSICMODELS.COM shall be bound to submit all disputes howsoever arising out of or in
connection with the use of the MOVIESMUSICMODELS.COM Website to arbitration to one
(1)
Arbitrator
nominated and appointed by MOVIESMUSICMODELS.COM. The place of arbitration shall be California, USA.
The language to be used in the arbitration proceedings shall be English. The award of the
arbitration proceedings will be final and binding on both you and MOVIESMUSICMODELS.COM to the
extent permissible in law. These Terms of Use together with the privacy policy and any other
legal notices published by MOVIESMUSICMODELS.COM on the MOVIESMUSICMODELS.COM Website, shall constitute
the entire agreement between you and MOVIESMUSICMODELS.COM concerning the MOVIESMUSICMODELS.COM
Website. If any provision(s) of these Terms of Use are deemed invalid by a court of
competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full force and effect. No
waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such
term or any other term, and MOVIESMUSICMODELS.COM's failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. MOVIESMUSICMODELS.COM
reserves the right to amend these Terms of Use at any time and without notice, and it is your
responsibility to review these Terms of Use for any changes. Your use of the MOVIESMUSICMODELS.COM
Website following any amendment of these Terms of Use will signify your assent to and
acceptance of its revised terms. YOU AND MOVIESMUSICMODELS.COM AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE MOVIESMUSICMODELS.COM WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A.The Website may now or in the future permit the submission of videos submitted by you
and other users ("User Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User Submissions are
published, the Company does not guarantee any confidentiality with respect to any
submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of
posting or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that:
(i)you own or have the necessary licenses, rights, consents, and
permissions to use and authorize the Company to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Use; and
(ii)you have the written consent, release, and/or
permission of each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and these
Terms of Use. For the sake of clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to the Website, you hereby
grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and
transferable license to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the Website and the Company's
(and its successor's) business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the Website
a non-exclusive license to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Website and under these Terms of
Use. The foregoing license granted by you terminates once you remove or delete a User
Submission from the Website.
C. In connection with User Submissions, you further agree and undertake that you shall not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the material and to grant the
Company all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations
that could damage the Company or any third party;
(iii)submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive or offends any religions or communities, or encourages superstition or
blind belief or is likely to incite violence or encourages conduct that would be considered a
criminal offence, give rise to civil liability, violate any law and regulations or is otherwise
inappropriate;
(iv)post advertisements or solicitations of business:
(v)impersonate another
person.
D. The Company does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and the Company expressly disclaims any and all liability in
connection with User Submissions. The Company does not permit copyright infringing
activities and infringement of intellectual property rights on its Website, and the Company will
remove all Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. The Company reserves the
right to remove Content and User Submissions without prior notice. The Company will also
terminate a User's access to its Website, if they are determined to be an infringer. The
Company also reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use for violations other than copyright
infringement and violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. The Company may
remove such User Submissions and/or terminate a User's access for uploading such material
in violation of these Terms of Use at any time, without prior notice and at its sole discretion. |