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By using or
accessing the JoyModeling.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 "JoyModeling.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, pornographic
or sexually explicit content. This particular web-site
caters to talent less than 18 years of age. Therefore, nudity of any kind
(either real or simulated) is absolutely prohibited on this web-site. Any
sexually explicit images or images of an adult or pornographic nature are
not allowed on this web-site. Also, any indecent, obscene, scantily
clad or vulgar images are not permitted on this web-site. Please do NOT
post any adult or pornographic images under any circumstances. Lingerie and
skimpy or overtly sexy outfits and swimsuits are not allowed. Additionally, as
a protection against the possible exploitation of minors, the posting
of swimsuit image(s) of anyone under 16 years of age is prohibited,
unless posted by the parent or legal guardian of the model. The posting of
swimsuit images of anyone under 13 years of age is absolutely prohibited,
regardless of who posts them. It is each user's own responsibility to adhere to
this policy in a responsible manner.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, immoral or escort service related activity is not allowed on this
web-site. Posting of jobs or offers for nude or pornographic assignments and/or
forum or chat messages related to nude, porn or Adult work are absolutely
prohibited. Inviting anyone to apply for nude, pornographic, sexual,
indecent 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. In short,
any nude, pornographic or seemingly pornographic images, messages or job
offers (or any images, messages, postings or content harmful to minors)
are absolutely prohibited on this web-site -- no exceptions.
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+, MSL, 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. JoyModeling.com is a trademark of MSL. 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 e-mails and/or in accepting or responding to any offers posted
by the users of this site. You and/or your parents and legal guardians are
responsible for your own safety, well-being and proper legal conduct. You must
always take an adult escort or chaperone with you to photoshoots or
meetings, and always 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,
nude, 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. Any attempt to beat or defeat the built-in safeguards
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. 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.
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 or profile.
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,
"Nude" 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 postings, profiles 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. Links to any sites
containing any content harmful to minors is not allowed.
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 or profiles 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
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. 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. 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. If you are the parent or legal guardian of a model or
"talent" under 18 years of age, please
enter your own personal contact information (an adult parent's or legal
guardian's information such as phone number, e-mail address, etc.) when setting
up the profile for a person under the age of 13 years so that all referrals and
communication will go through you, the adult parent or legal guardian. Anyone
under 13 years of age should not directly submit any personal or contact
information on this web site. Also, if you are under 18
years of age, you must not submit any credit card, checking account or
financial information on this web-site -- let your adult parent or legal
guardian do that for you .
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 and/or
Portfolio. If you find that your account/profile/portfolio has been disabled or
deleted, then please create a new profile 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 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 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 (either free or paid)
may be deleted without advance notice 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, at MSL's sole discretion. MSL reserves the right to delete
any profiles 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:
It is a generally acceptable practice in the modeling and talent industry
for teens aged 13 to 18 years to apply for and/or get hired for
legitimate/legal modeling and entertainment jobs. This
particular web-site caters only to talent less than 18 years of age (please
visit one of our other web-sites for grown-ups to post your Portfolio if you
are over 18 years of age). You may post your Profile/Portfolio on
this site if you are 13-18 years old, and are posting your profile and/or
portfolio under the supervision and after the approval of your adult parent or
legal guardian. If you are under 13 years of age then only an adult parent or
legal guardian can post your profile or portfolio. Additionally, as a
protection against the exploitation of minors, and in compliance with all legal
requirements, the posting of nude, sexy or scantily clad images of anyone
is absolutely not allowed on this web-site, regardless of age. Skimpy
outfits, overtly sexy swimsuits and/or lingerie are prohibited. Swimsuit
pictures of anyone under the age of 16 years are not allowed, unless posted by
the parent or legal guardian of that person. Swimsuit pictures of anyone under
13 years of age are prohibited, regardless of who posts them. If you are a
Photographer, Videographer, Agency, Stylist/Makeup Artist or are looking
to hire the talent (Browser) then you may become a member even if you are over
18 years of age. Also, if you are under 18 years of age, you must
not submit any credit card, checking account or financial information on
this web-site -- let your adult parent or legal guardian do that for you.
Note
to parents and legal guardians of models or talent under 18 years of age:
Please enter your own personal contact information (an adult parent's or legal
guardian's information such as phone number, e-mail address, etc.) when setting
up the profile for a person under the age of 13 years so that all referrals and
communication will go through you, the adult parent or legal guardian. Anyone
under 13 years of age should not directly submit any personal or contact
information on this web site .
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 part 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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