Terms of Use Agreement
Read This Terms of Use Agreement
Before Accessing Website.
Effective Date: This
Terms of Use Agreement was last updated on 9-11-2006..
This Terms of Use Agreement
sets forth the standards of use of the MODEL MAYHEM.com Online Service
for Registered Members. By using the MODEL MAYHEM.com website you (the
"Member") agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any time,
to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective
immediately upon being posted at MODEL MAYHEM.com website. Your
continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
MODEL MAYHEM is providing Member
with online portfolio hosting service. Member must provide (1) all equipment
necessary for their own Internet connection, including computer and
modem and (2) provide for Member's access to the Internet, and (3) pay
any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by MODEL
MAYHEM on an "as is" and on an "as available" basis.
To the fullest extent permitted by applicable law, MODEL MAYHEM makes
no representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. MODEL MAYHEM shall have no
liability for any interruptions in the use of this Website. MODEL MAYHEM
disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
3. Limitation of Liability
MODEL MAYHEM SHALL NOT be liable
for any damages whatsoever, and in particular model mayhem shall not
be liable for any special, indirect, consequential, or incidental damages,
or damages for lost profits, loss of revenue, or loss of use, arising
out of or related to this web site or the information contained in it,
whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if model mayhem has been advised
of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify
and hold MODEL MAYHEM, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable
attorneys' fees and costs, made by any third party due to or arising
out of Member's use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member's
computer, of any intellectual property or any other right of any person
or entity.
5. Members Account
All Members of the Service
shall receive a password and an account. Members are entirely
responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify MODEL
MAYHEM of any unauthorized use of Member's account or any other breach
of security known or should be known to the Member. Member's right to
use the Service is personal to the Member. Member agrees not to resell
or make any commercial use of the Service without the express written
consent of MODEL MAYHEM.
6. Modifications and Interruption
to Service
MODEL MAYHEM reserves the right
to modify or discontinue the Service with or without notice to the Member.MODEL
MAYHEM shall not be liable to Member or any third party should MODEL
MAYHEM exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that MODEL MAYHEM does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
7. Third-Party Sites
Our website may include links
to other sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator
or webmaster for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of those
third-party sites is subject to the terms of use and privacy policies
of each site, and we are not responsible therein. We encourage all Members
to review said privacy policies of third-parties' sites..
8. Governing Jurisdiction
of the Courts of Florida.
Our website is operated and
provided in the State of Florida. As such, we are subject to the
laws of the State of Florida, and such laws will govern this Terms of
Use, without giving effect to any choice of law rules. We make
no representation that our website or other services are appropriate,
legal or available for use in other locations. Accordingly, if
you choose to access our site you agree to do so subject to the internal
laws of the State of Florida.
9. Compliance with Laws.
Member assumes all knowledge
of applicable law and is responsible for compliance with any such laws.
Member may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or international
law or regulation.
10. Copyright and Trademark
Information
Any use of materials on the
website, including reproduction, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of MODEL MAYHEM is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of MODEL MAYHEM.
MODEL MAYHEM™ and MODEL MAYHEM.com™
are proprietary marks of MODEL MAYHEM.com. MODEL MAYHEM's trademarks
may not be used in connection with any product or service that is not
provided by MODEL MAYHEM, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits MODEL
MAYHEM.
All other trademarks displayed
on MODEL MAYHEM's website are the trademarks of their respective owners,
and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with MODEL MAYHEM.
11. Notification of Claimed
Copyright Infringement
Pursuant to Section 512(c)
of the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, MODEL MAYHEM.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Model Mayhem
334 East Lake Rd., #144
Palm Harbor, FL 34685-2427
By Telephone: (866) 472-7048
By Email: tyleradam@gmail.com
12. Botnets
MODEL MAYHEM retains the right,
at our sole discretion, to terminate any accounts involved with botnets
and related activities. If any hostnames are used as command and control
points for botnets, MODEL MAYHEM reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MODEL MAYHEM, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.