Terms and Conditions
MODELX (the "Site") is a provider of online, interactive video, audio, and live content. Please carefully read through these Terms and Conditions (the "Terms") prior to registering for a membership or becoming a subscriber to MODELX. The Terms constitute a binding legal agreement (the "Agreement") between MODELX and persons who are decide to become subscribers to the Site (the "Members" or "You").
Member Obligations
1. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or the legal age of consent in your community) and have the legal capacity to enter into agreements of this nature. MODELX makes no representation or warranty that the content published on MODELX complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on MODELX, namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend you. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT view this site.
2. You may not use MODELX for any commercial purposes. You may not solicit any other Members or performers for any services. This includes soliciting memberships to other internet sites or similar services. Doing so subjects you to immediate civil and criminal liability. WE WILL INITIATE COURT PROCEEDINGS WITH THOSE ENGAGING IN COMMERCIAL SOLICITATIONS ON OUR SITE.
Service Provider
1.Neither Service Provider nor any person or company related to Service Provider holds any ownership interest in this Web Site, nor receives any financial benefit from this Web Site, other than a fee paid by the owner of this Web Site to Service Provider for the services performed by Service Provider.
2.Service Provider HAS NO CONTROL OVER THE WEB SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Web Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Web Site. Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. SERVICE PROVIDER EXPRESSLY DISCLAIMS AND WARRANTIES OF CLIENT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON. Any disputes arising in connection with this Web Site, or the products and/or services being offered or purchased, are between you and the owner of this Web Site. In certain circumstances, Service Provider may provide billing customer service for the Web Site, in which case Service Provider may be handling such disputes for the owner on a contract basis, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Web Site; however, you should feel free to contact Service Provider in the event that you feel that the Web Site operator acted fraudulently, or you were misled in any way. Service Provider urges you to carefully read the Terms and Conditions on the Web Site, and to ask the Web Site operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Web Site.
3.By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon.
Indemnification and Warranty
1.Under no circumstances, including, but not limited to, negligence, shall MODELX or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that MODELX is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to MODELX for the three (3) months.
2. MODELX MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. MODELX, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, MODELX MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
3.Member agrees to indemnify and hold harmless MODELX, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or MODELX relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of the province of Nova Scotia, Canada. Should any such claim for indemnification arise, or should any action be brought by subscriber or MODELX relating to any services or products offered by or through the Service Member agrees to submit to the personal jurisdiction of the courts of the province of Nova Scotia, Canada.
4.This Agreement sets forth the full and complete understanding between Subscriber and MODELX with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by MODELX to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Nova Scotia, Canada for contracts entered into and wholly performed within that Country. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.