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By
using or accessing the JoyOfModeling.com website, you (the "user" or "member")
are certifying that you have read, understood and agreed to the following Terms
and Conditions of Model Selection, LLC (hereinafter, "MSL" and occasionally
also referred to as "JoyOfModeling.com" and/or "Joy Of Modeling" on this
web-site). The terms "you" and "your" refer to the member, subscriber, user
and/or customer of this web-site:
1. PURPOSE: This talent and modeling web
site is a referral and virtual meeting-place for models, photographers,
videographers, makeup-artists, stylists, film-makers, musicians, modeling
agencies, actors, actresses, dancers, model representatives and agents. It is
also a high quality resource for talent scouts and recruiters looking to hire
for Television, Film, Music, Theater, Dancing and Entertainment jobs. It is to
be used only for professional, legal and ethical dealings. It is a public
access general purpose Internet database of talent (free referrals), and is not
a talent agency, modeling agency or modeling school. All of our referrals are
absolutely free (no commission). Sharing of a password or login info will
result in automatic termination of the membership without any refund,
adjustment or credit.
2. NO NUDE, ADULT OR IMMORAL CONTENT: MSL
has a written and stated policy prohibiting the posting of nude, lewd,
pornographic or sexually explicit content. Sexually explicit images of an adult
or pornographic nature or any obscene, indecent, lewd or vulgar images are
not permitted on this web site. Prohibited sexually explicit images
include but are not limited to images of sexual intercourse (real or
simulated), states of sexual arousal (erection, secretion, or body fluids),
closeup of reproductive organs (male or female), overt sexual positions
and poor-quality or indecent images shot in hotel rooms or elsewhere that look
like porn. It is each user's own responsibility to adhere to this policy. Any
violation of this policy, if and when discovered, may result in automatic
termination of membership, at the sole discretion of the MSL webmaster or MSL's
management without any advance notice, refund, credit, adjustment or
further recourse -- MSL's decision to be binding and final on the party or
parties concerned. This website is a professional, creative, artistic and
educational resource, and is not designed or intended to promote prurient
interests. Any sexual solicitation or immoral or escort service related
activity is not allowed on this web-site. In short, any nude, lewd,
pornographic or seemingly pornographic images are absolutely prohibited on
this web-site -- no exceptions. Also, as a safeguard against the exploitation
of minors, the posting of images of anyone under 18 years of age is not
allowed, even if fully clothed. Any image or content that may be considered
harmful to minors is not allowed. Posting of jobs or offers for pornographic
assignments and/or forum or chat messages related to porn or Adult work are
absolutely prohibited. Inviting anyone to pose for pornographic, indecent,
sexual or escort service assignments within a Professional Profile or
Portfolio is also prohibited. Any violation of this strictly enforced policy
may result in the automatic deletion of your Profile, Portfolio or Posting
without any notice, credit, refund, adjustment or further recourse.
3. COPYRIGHTS AND TRADEMARKS: All
intellectual property rights in this web site including but not limited to
copyrights in web site design, functionality, layout, source code, ASP files,
.NET files, SQL files, VB/C/C++/C# files, DLL files, EXE files, CGI/PERL
files,VB Scripts, Javascripts, other scripts, html (or *.htm) files, text,
site graphics, audio, video, databases and compilations, as well as all rights
in MSL's tradenames and trademarks belong to, and are the exclusive property of
MSL, and are protected under federal and international copyright, trademark and
intellectual property laws, statutes, treaties and regulations. Copyright ©
1996-2004+, Model Selection, LLC -- All Rights Reserved. This document (Terms
and Conditions), the Frequently Asked Questions and their Answers
(FAQ's) and all other text, informational and/or legal documents
on this web site are copyrighted too. JoyOfModeling.com is a trademark of Model
Selection, LLC. The copyrights and other intellectual property rights in the
content posted by the users of this site belong to their respective owners, and
are duly acknowledged herein. If multiple files are joined or merged together
to form a new file or files, then the copyright in that new creation would
still belong to the original copyright holder(s), as the individual text
and/or images may be copyrighted by their respective owners, writers or
photographers. Any document alteration, image alteration, duplication,
fraudulent copyright notices, removal of copyright notices, stealing of source
code or posting in UseNet groups, News Groups, other web-sites or anywhere else
without the explicit, prior written permission of MSL and/or the copyright
holder will constitute a copyright violation, punishable as a criminal offense
by fines and/or jail terms. By uploading or contributing any content to this
web site, you are certifying that you have the right to post that content here,
and that any such content does not infringe upon the copyright or any
intellectual property rights of any third party or parties. You, the user are
responsible for proper compliance with all trademark and copyright laws and
shall indemnify and hold harmless MSL against any and all claims and expenses,
including but not limited to court costs and attorney fees due to uses for
which no release was obtained in writing or for uses which exceed the authority
granted by a release. The absolute copyright and all intellectual property
rights in any content (images, audio, video, etc.) shot by MSL and/or its
Photographer and/or Videographer will belong to MSL and/or to its Photographer
and/or Videographer. MSL owns all copyrights in the pictures that it takes
either at its studio or on location. The standard image size for pictures shot
by MSL and/or its Photographer(s) is 3008 Pixels x 2000 Pixels
(approximately 6.67 inches x 10.03 inches at 300 Pixels per Inch), unless
requested otherwise by the client and/or model in writing, prior to the
PhotoShoot. Some cropping may occur when printing at other sizes.
4. FREE MEMBERSHIPS: The basic registration
and portfolio creation (basic membership) is free, and does not require
you to give out any credit card, checking account or financial information.
However, MSL reserves the right to offer certain premium features to
paying subscribers only. If you have a free membership, you have the
option at any time to become a paying subscriber with access to advanced
features and functionality, or to continue to be a free member with limited
features and functionality, or to delete your profile or membership altogether.
5. YOUR SAFETY: MSL does not verify,
validate, confirm, condone or endorse the information posted by its users, and
only presents it "as is". Also, MSL does not and cannot vouch for the accuracy
or the completeness of the information submitted by the users of this web site.
Please use your own judgment, and exercise all reasonable and necessary caution
in responding to any e-mails and in accepting or responding to any offers
posted by the users of this or any other site. You are responsible for your own
safety, well-being and proper legal conduct. Always take an escort or
chaperone with you to photoshoots or meetings, and meet in a brightly
lit, safe, public place with lots of people around. MSL shall not be
responsible or liable for your dealings with the other users of this web site,
and you are hereby agreeing to indemnify and hold harmless MSL, its employees,
principals, sub-contractors, agents, affiliates, divisions, representatives and
the owners or operators of this web site against any liability or
responsibility whatsoever. You are further agreeing that MSL, its principals,
employees, subcontractors, agents, and/or the owners or operators of this
web-site are not sending you the pictures, text, audio, video or any other
information contained on this web site and on any other web sites that have
links on this web site. Instead, you are voluntarily asking to receive the
pictures, text, information, and/or audio video, and causing for the same to be
transmitted to you through your own voluntary, conscious and willful act(s) of
clicking on the links, buttons or images on this website.
6. LEGALITY OF CONTENT AND USAGE: In using
this web site and the tools and resources contained or linked to herein, you
agree not to post or transmit any illegal, pornographic, obscene, lewd, vulgar,
fraudulent, fake, harmful, threatening, libelous, slanderous, abusive,
harassing, defamatory, profane, hateful, racially or ethnically hurtful, or
otherwise objectionable material of any kind. Furthermore, you agree not to
post any content or material which encourages conduct that would constitute a
criminal offense, violate the intellectual property or other rights of any
party, or violate any provisions of local, state, national or international
law, statutes or regulation. This web site is not to be used for sexual
solicitation, prostitution or any other immoral or illegal purposes. By using
this web site, and/or by posting any content on it, you are agreeing to
indemnify and hold harmless MSL and the owners and operators of this web site
against any liability or responsibility whatsoever. MSL may capture your IP
address for law enforcement purposes. This website is a professional, creative,
artistic and educational resource, and is not designed or intended to promote
prurient interests. By accessing this web-site you are certifying and agreeing
that you are over 18 years of age, you are not offended by artistic nudity, and
that viewing, accessing or downloading artistic nudity is not considered
illegal or harmful, and does not violate any laws regulations or community
standards of where you reside and/or from where you are accessing this content.
It is your own responsibility to state and enter your age correctly when
creating or editing your Profile on this website. Any attempt to beat or defeat
the built-in safeguards or systems of this web-site will constitute fraud on
your part, and may result in automatic termination of your membership without
any advance notice, and without any refund, credit or adjustment. By using this
web-site you are agreeing and certifying that MSL is not sending this content
to you -- you are asking to have it delivered to you by your conscious act of
accessing this web-site, by clicking on its links or buttons and/or by
stating that you are over 18 years of age. The posting of any images or
any content on this web-site that may be considered harmful to minors is
not allowed. Posting of porn related or "Adult" work offers or forum/chat
messages on this web-site is absolutely prohibited.
7. NON-CONFIDENTIALITY OF CONTENT: From
time to time MSL may monitor, review and/or read chats, e-mail messages,
postings or transmissions, but is under no obligation to do so. If during such
a review MSL finds any material that is in violation of these Terms and
Conditions, then MSL reserves the unconditional right to delete the same
without any advance notice, refund, credit, adjustment or further recourse,
and/or to inform the proper law enforcement authorities to take proper legal
action agains the party or parties concerned. MSL may also capture your IP
address for fraud prevention purposes. By using this web site you are
certifying that you understand and agree that MSL does not control the postings
to this site, and that the opinions, statements and advice posted herein may
not necessarily be that of MSL, its principals, employees, agents,
sub-contractors or affiliates. MSL reserves the unconditional right, at its
sole discretion, to delete any content that it deems to be objectionable for
any reason, if and when discovered, regardless of whether you are a paying
member or free member. Any communication or material that you post or transmit
as a user or member of this site will be treated as non-confidential,
non-proprietary and not containing any trade secrets or confidential or
privileged information. By posting any content or information on this web site,
you are giving MSL and its affiliates the right to edit, copy, publish,
repurpose, distribute and redistribute that information or content in any way
that MSL deems fit, including but not limited to other media, and posting that
information on multiple web sites and Internet properties that MSL may own,
control or partner with from time to time, without the need for paying any
compensation to you or to any other party, in exchange for the potential
additional exposure to your Posting, Profile or Portfolio.
8. TRAFFIC: MSL does not monitor, review or
control the web sites which are linked to or from the profiles, forums or chat
rooms on this web site, and is not responsible for the accuracy or content of
those links. You, the user or member, agree not to post web links on this web
site which lead to Pornographic sites, Adult sites, Pay sites, Gambling sites,
Escort service sites, Illegal or Immoral sites, or to any of MSL's
competitors' site or sites, and MSL reserves the right to immediately delete
such links, postings, profiles, portfolios or content without any advance
notice, refund, credit, adjustment or recourse. Additionally, you may not use
this web site for spamming (unsolicited e-mailing) or for redirecting traffic
to other web sites, including but not limited to any of MSL's competitors' web
sites. MSL is under no obligation (even if you are a paying subscriber) to
promote, link to, or provide exposure or traffic to any website or media that
MSL considers at its sole discretion, to be a competitor or potential
competitor of MSL. Any spamming, malicious scripting, html formatting within a
profile, hotlinking (stealing of bandwidth), or traffic redirection is not
allowed. The referral system on this web site is intended for genuine,
professional, ethical and legal work-related offers and general work-related
inquires only. The promotion of products, goods or immoral services is not
allowed on this web site. Any web-site addresses (URL's) within images are not
allowed, and may result in account suspension or termination without refund or
credit.
9. NO HOTLINKING: Hotlinking (programming
this web site's images to appear on another web site so that MSL ends up paying
for the bandwidth while the images display on some other site) will constitute
a theft of bandwidth, and is not allowed. It may also be illegal, and anyone
found engaging in any such activity will be held responsible for financial and
other damages. Any direct linking to MSL's images, profiles, portfolios or
search results from other sites, copying the content from this web site to
appear or mirror on any other site, using stealth methods, hidden frames,
computer code or programs to artificially increase the page view counts are not
allowed. If you wish to provide a link from another site to this web site, then
that link must always point to the main (welcome) page of this site, and not
directly to your profile, portfolio, search results or any other
page.
10. ONE PROFILE PER PERSON, NO PASSWORD SHARING:
Only one free Model Profile per person is allowed is on this system. Similarly,
only one free Professional Profile per professional or company is allowed.
Multiple free postings with a view to generating more exposure will constitute
an unacceptable use of the system, and a violation of these Terms and
Conditions. The only exceptions to this rule are that a photographer or agent
may post the pictures of multiple models that he/she may represent (in addition
to his/her own Professional Profile), and if you are a paying member then you
may purchase a high level membership that allows multiple state listings.
Sharing of passwords is not allowed, and will constitute a violate of these
Terms and Conditions.
11. OPT-IN E-MAILS: By registering (signing
up) on this web site you are giving permission to MSL to e-mail you special
promotions, feature updates, sales offers and an industry Newsletter from time
to time. MSL also reserves the right to send you important system related,
service related, and/or new feature and account-related messages from
time to time for as long as you remain a member. Such promotional, service, new
feature and account management e-mails are necessary for the proper
operation and maintenance of your account and to support the website, and
cannot be opted out of for as long as you have a valid account or profile on
this web-site. Once you delete your profile completely, we won't send you any
more e-mails. It is each user's own responsibility to keep their e-mail address
current and updated with MSL at all times, and to enter their profile
information accurately and correctly, and you agree to do the same. MSL shall
not be responsible in any way for lost or misdirected mail or other
communications.
12. PERSONAL INFORMATION: We respect your
privacy. The personal information that we collect from you is for internal
company use only, and will not be sold to any other company for solicitation
purposes for as long as we continue to own this website in its entirety.
However, we may sell, lease, license or transfer the personal and other
information pertaining to our active members in bulk to another individual,
business and/or entity if and/or when we sell, lease, merge and/or transfer
this website, Internet Domain Name and/or business to another individual,
business or entity. We will not send
unsolicited e-mail to the e-mail address that you provide (except important
service and system related notices as outlined above). Your e-mail address is
not displayed online as a part of your profile, but other users can still send
an initial message to you without knowing your e-mail address by using the
anonymous e-mailing features built into this site. However, once you send a
referral to anyone or respond to a referral, then the other party will come to
know of your direct e-mail address. If you voluntarily disclose any personal
information in your viewable profile online or in a chat or forum then that
information can be collected and used by others and can also result in
unsolicited third party messages being sent to you. Of course, you may also
receive e-mails from the other users of this web site who access your profile
from time to time. You can read our complete Privacy Policy
here. Please be careful about who you share your personal information with
online because only you are responsible and liable for your own safety and well
being. Do not provide your Social Security number, Date of Birth, etc., to
any unknown party on the Internet. MSL will never ask you for your Social
Security number or your full/exact Date of Birth (just your age).
13. VALID E-MAIL ADDRESS: If any of MSL's
e-mail to you is returned as undeliverable due to an invalid e-mail address
then MSL reserves the right to disable or delete your Account, Profile,
Link(s) and/or Portfolio. If you find that your profile / portfolio /
account / link has been disabled or deleted, then please create a new one
with the correct contact-information. It is each user's own responsibility to
keep their profile current and updated at all times. If you are a paying
subscriber then your profile / portfolio / account may be disabled or
deleted upon the expiration of your membership term unless renewed ahead of
time (before expiration).
14. DURATION OF MEMBERSHIP: MSL reserves
the right to delete or disable a free profile or portfolio at any time. The
membership for a paying subscriber will either auto-renew (recurring
membership) or expire (fixed duration, non-recurring membership) as stated in
the online order form, and as chosen by you at the time of ordering. Any
profile, portfolio or account (either free or paid) may be deleted without
advance notice, at MSL's sole discretion, if it is found to be in
violation of these Terms and Conditions or the user is found engaging in
apparently illegal or immoral activity. MSL reserves the right to delete any
profiles/portfolios with poor picture quality, in order to maintain an overall
standard of excellence on this site. For membership duration purposes, one
month equals thirty (30) days. Therefore, a 2-month membership is a 60-day
membership, a 4-month membership is a 120-day membership, and a 6-month
membership is for 180 days. All recurring memberships will renew automatically
every 30 days unless cancelled before the next billing cycle.
15. DELETING YOUR OWN PROFILE/PORTFOLIO: If
you wish to delete your own profile and/or portfolio completely (either a
free membership or a paid subscription), then just edit it, and enter the word
"Delete" (without the quote marks) for your First Name, and also enter the same
word "Delete" as your Last Name. Then save/update your profile. Do this only
once, then don't update your profile again so that we'll know the exact date
when it was first done (if you do this more than once then the edit-date will
change, as the system will remember only the most recent date when the record
was last updated). Your Profile will get deleted as a part of the next
scheduled system maintenance which usually occurs once every thirty to sixty
(30-60) days, and will no longer be visible online. Please note that deleting a
Profile/Portfolio is not the same as cancelling a paid membership (refer to
cancellation policy below).
16. AGE OF MODELS, ACTORS, ACTRESSES, MEMBERS:
This web site is for use by people of age 18 years or older only. As a
protection against the exploitation of minors, the posting of pictures by or of
people under 18 years of age is not allowed -- even if fully clothed. By
signing up or becoming a member of this web-site (either free or paid
membership) you are certifying that you are over eighteen (18) years of age,
and agreeing not to upload any images, audio or video of anyone under 18 years
of age. You may, however, visit and sign up on one of our other web-sites that
allow legitimate/legal postings for models under 18 years of age.
17. NOT A LEGAL OR MEDICAL RESOURCE: This
web site is not designed to give legal, medical, psychiatric,
professional or career advice. Please consult a competent attorney for
legal advice or other appropriate professional(s) for any other type of
professional advice.
18. CANCELLATION AND RETURN POLICY: All
one-time (fixed-term, non-recurring) memberships are non-cancelable and
non-refundable. No refund or credit will be issued for any unused portion
of a one-time (fixed-term, non-recurring) membership.
If you signed up for a one-time (fixed term, non-recurring) membership then
your membership will expire automatically at the end of its initial term, your
card or checking account will not be billed/charged again, and you don't need
to write to anyone asking to cancel it. If you signed up for a paid
recurring membership, and notify us of your intent to cancel prior to its
30-day renewal date, you will not be billed again. The first
(initial) payment of a recurring membership is non-refundable and
non-cancelable, and renewals occur once every thirty (30) days. To cancel your
recurring membership you must send an e-mail to
support@modelselection.com and include your Name, Member ID, and the
full Transaction information that we sent to you in your initial payment
confirmation when you first signed up as a recurring-payment member (please do
NOT contact your own bank or credit card company to dispute the charges as it
will cause further confusion, and they will refer you back to us
anyway). Please allow us up to 72 hours to respond to your e-mail. Please
do not call your credit card company to initiate a chargeback or to dispute the
charges (they will refer you back to us anyway), and it might further
delay matters if you don't go through us first.
All Product sales are final. No refunds, returns, exchanges or substitutions on
products. Lingerie and intimate apparel is non-returnable for reasons of
health and hygiene. Only defective merchandise will be replaced with similar
merchandise of equal value if a claim is made within thirty (30) days of the
initial purchase. The customer agrees to ship the defective product(s) back to
JoyOfModeling.com / Model Selection LLC, in its original packaging, freight
prepaid by customer, but only after obtaining a valid Return Authorization
Number (RAN) from JoyOfModeling.com / Model Selection, LLC. Goods returned
without a valid RAN will be returned to the sender. Any product shipments
returned as unclaimed or undeliverable will incur the regular shipping and
handling charge as appropriate, and a fifteen percent (15%) restocking fee. The
credit card descriptor (merchant's name) will read either as "Model Selection,
LLC" or as "Joy Of Modeling". A valid credit/debit card number, expiration date
and other pertinent validation information is required from a model, client or
prospective client at the time of booking a PhotoShoot or VideoShoot. A
suitable initial amount ("Deposit", "Booking Fee" or "Location Charge") will be
charged to the model's, client's or prospective client's credit or debit card
to hold the reservation, but will be credited towards the model's and/or
client's purchase of prints, images, etc., on the day of the shoot. The model,
client or prospective client may reasonably reschedule the shoot just
once, subject to the convenience and availability of MSL and/or its
Photographer and/or Videographer. If the model, client or prospective client
fails to reschedule the shoot in writing, via e-mail, at least twenty four (24)
hours prior to the scheduled shoot-time and/or fails to show up for the shoot
and/or is inaccessible to MSL and/or its Photographer and/or Videographer at
the time of the shoot and/or changes their mind and/or decides not to go
ahead with the shoot on the appointed day and time for any reason whatsover,
then MSL and/or its Photographer and/or Videographer will charge the Booking
Fee towards "time and opportunity lost" and/or towards "costs of travel and/or
equipment transportation" and/or towards "Location Charge", and no refund(s)
will be given or owed to the model, client and/or prospective client. All
Booking Fees, Location Charges and Deposits are non-refundable and
non-cancelable, whether paid by credit card, debit card, cash or by any other
means. The standard minimum Booking Fee for an in-studio shoot is Twenty
Dollars ($20) and up, the standard minimum local Location Charge or Location
Fee is One Hundred Fifty Dollars ($150) and up, and the standard costs of local
equipment transportation are Two Hundred Fifty Dollars ($250) and up. The
Deposit(s), Booking Fee(s) or Location Charge(s) will be higher for complex
and/or out-of-town shoots, and are always non-refundable. If a customer wishes to
cancel a product-order before the merchandize is shipped, MSL may cancel it as a courtesy, at
its own discretion, but the customer will incur a Ten Percent (10%) Order Cancellation
charge. All orders are accepted on the understanding that there will be an in-house
processing time of at least Five to Ten (5-10) Business Days (not counting weekends and holidays), plus a Shipping/Transit time of
up to Fifteen (15) Business Days (depending on the customer's location), and it is
the responsibility of the customer to order well ahead of time so as to allow enough time for
a timely delivery.
19. DISCLAIMERS: MSL cannot guarantee, and
does not imply or attempt to guarantee how much business or how many responses
or "hits", if any, you will receive from your posting on this web site.
JoyOfModeling.com, A Free Portfolio Inc., Joy of Modeling and/or Model
Selection, LLC is not a modeling agency, not an employment agency, and not a
placement agency. It is a portfolio hosting service, a zero commission referral
service, and a photography and videography studio. The basic online
portfolio and the basic studio-photoshoot are absolutely free, but photo prints
and CD-images cost extra. The services of this web site and/or its studio are
provided on an "as is" basis without warranties of any kind, either express or
implied, including but not limited to any warranties of merchantability or
fitness for a particular purpose, as allowed by law. Any products shown or offered for
sale on this website are not intented to diagnose, treat, cure or prevent
disease. Any props, backgrounds, foregrounds, accompanying items and/or
accessories shown with the merchandize are for reference only, and not included
in the actual purchase unless so stated clearly in the description of the item
being sold. Any objects shown for size-reference (such as a coin, pen, etc.)
are not included in the purchase. A Gift Certificate (Coupon Code), if applicable, will be e-mailed to you within Forty Eight (48) business hours,
and must be redeemed online on this site within Seven (7) days thereafter. Multiple products may
be ordered under the same Gift Certificate, all at one time, as only one checkout
is allowed. If the final order amount at checkout is more than the value of the Gift Certificate,
then the member/customer agrees to pay the difference via credit/debit card at the time of online checkout.
If the final amount at checkout is less than the value of the Gift Certificate then all residual value in the
Gift Certificate (Coupon Code) will dissolve and expire at that time, and cannot be
carried forward. Gift Certificates (Coupon Codes) are non-transferable, are intended
for use only by the member who signs up for a paying membership on this site, have
no cash value, and may only be redeemed for merchandize on this website. All offers are standalone offers
going forward, and may not be combined with other and/or previous offers and/or orders.
Certain promotional offers are for new members only, and MSL reserves the right to decline/deny extending certain offers
to prior and/or existing members. MSL reserves the right to limit quantities and/or deny shipments to certain
regions and/or countries. Void where prohibited by law. You hereby agree that you will not hold MSL,
its agents, employees, subcontractors, affiliates, principals or licensees
liable for any direct, indirect, incidental, special or consequential damages
including but not limited to the loss of profits or revenue or cost of
procurement of substitute goods or services incurred by you or any other party
or parties, which arise from MSL's failure or omission to perform any aspect in
a timely or accurate manner, regardless of whether such failure was caused by
intentional or negligent acts or omissions of MSL or any other party or
parties. Furthermore, MSL and/or its employees, owners, principals, associates,
agents, affiliates, representatives and licensees shall not be liable to you or
anyone else for any loss, injury, harm, damage or any direct, indirect,
consequential, incidental, special, punitive, financial or other damages
arising out of your access or use or inability to access or use the services
and/or information on this web site or as a result of any action taken or not
taken based on the information contained or contact(s) made on this web site.
By using this web site, you are hereby waiving any claims against MSL, its
employees, owners, principals, associates, agents, affiliates, representatives,
subcontractors and licensees, and agreeing to indemnify and hold them harmless
against any claims whatsoever, monetary or otherwise. Furthermore, MSL shall
not be responsible for any lost, misdirected or misdelivered mail or shipments,
including but not limited to lost, misdirected, misdelivered, or misplaced
CD-ROM(s), DVD(s), Image(s), E-mails, Print(s) and/or Videotape(s) of PhotoShoots and/or
VideoShoots done by MSL and/or its Photographer(s) and/or Videographer(s). By
using MSL's studio and/or website services you are waiving any possible claims
against MSL, its employees, owners, principals, associates, agents, affiliates,
representatives, subcontractors and licensees, and agreeing to indemnify and
hold them and MSL harmless against any claims whatsoever, monetary or
otherwise. It is the client's and/or model's responsibility to ensure that any
sexy or artistic nude images do not fall into the hands of anyone under 18
years of age, or anyone who is not legally authorized to view them.
20. SITE FEATURES, CONTINUITY, ACCOUNT SUSPENSION:
These Terms and Conditions are continuous, are likely to change, and MSL
reserves the right to modify them from time to time, and post a revised version
online. MSL reserves the right to change the functionality, and/or add or
remove the features on this web site if and when it so desires, without any
advance notice to anyone. Any major feature updates will be viewable and/or
posted online at this web site. By continuing to be a member and/or by
continuing to use this web site, you are agreeing to be in continued agreement
with these Terms and Conditions. Any violation of these Terms and Conditions
may result in the automatic suspension or deletion of a user's profile without
any advance notice, refund, credit, adjustment or further recourse, and MSL's
decision will be final and binding on all parties involved. It is your
responsibility to read the revised or updated Terms and Conditions from time to
time. MSL reserves the right to modify, change and/or re-prioritize the "search
order" (the order in which the Profiles or Portfolios are displayed) at its own
discretion, regardless of the membership level and/or payment status of any
member, subscriber or user of this web-site. Any specials, promotions and/or
limited time offers are "standalone offers", and may not be combined. For
example, if MSL gives you a FREE Upgrade to a Gold Level membership (such as in
a Promotional Offer or as a "Premium" for a certain PhotoShoot Package), you
will not be entitled to receive the free gifts that are reserved for members
who upgrade from a free membership to a paid Gold Level membership. Those gifts
are reserved for paying members only, who upgrade their membership by paying
the appropriate membership/upgrade fee separately.
21. ENTIRE AGREEMENT, VENUE AND JURISDICTION:
These Terms and Conditions constitute the entire agreement between you the user
and MSL, and supersede any other agreement or understanding relating to the
subject matter contained herein, including but not limited to the terms and
conditions on the user's Purchase Order, Money Order, Check, Financial
Institution or Credit/Debit card Agreement, Release, Agency Document, or any
other document, regardless of when received. Any waiver of any portion of these
Terms and Conditions at any time shall not be deemed to constitute a subsequent
waiver under any circumstances. These Terms and Conditions shall be construed,
interpreted and enforced according to the laws of the State of Florida and
Broward County (FL), USA. You hereby agree that the courts of Broward County in
Florida and/or the Federal Courts sitting in Broward County, Florida will
be the sole venue for, and have the sole legal jurisdiction over any
dispute-resolution or legal proceedings regarding the user's order(s) and/or
these Terms and Conditions. By placing an order with MSL or by signing up for a
membership (either free or paid), the user acknowledges having read,
understood, agreed to and accepted these entire Terms and Conditions
unconditionally, and further agrees that no representations, commitments or
undertakings have been made or relied upon in placing an order with MSL or
signing up with MSL other than those specifically and explicitly set forth
herein. If any portion of this document is ruled to be illegal or
unenforceable, then the rest shall continue in full force and effect as if the
illegal or unenforceable portion did not exist. These entire Terms and
Conditions shall be binding upon the user and his/her successors, assigns and
personal and corporate representatives.
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