PPM Terms and Conditions   

Last Updated: October 11, 2018

Agreement to Terms

These Terms and Conditions, read alongside our Privacy Policy (“Terms”), shall govern your use of models4members.com. By subscribing to models4members.com, you hereby accept, you have read, understood, agreed to be bound by and abide by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You consent to receiving from us electronically, including emails and messages posted to your models4members.com account. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to make changes to these Terms at any time and at our sole discretion. All the changes made by us shall take effect immediately when we post them and shall be binding upon all users.

This Website is exclusively meant to be available or otherwise offered to persons and/or users of 18 years of age and above. By using this Website, you represent and warrant that you are of legal age or majority age to form a binding contract with us and meet all of the foregoing eligibility requirements.

How models4members.com Works

models4members.com is an online platform that allows one to create a User profile, which in turn allows you to:

    • To make activities such as uploading and posting photos and videos for access by your subscribers.
  • To subscribe to another User’s profile to view their otherwise restricted photos and videos.

The term “Model” refers to all users using the Website to earn money.

The term “Subscribers” refers to all users who are subscribing to a model’s profile.

The term “User Content” means any and all media uploaded by Users.

Account Registration and Application

You may be required to register and apply with the Site. You agree to keep your password confidential and will be responsible for all u se of your account and password. We reserve the right to remove your account if we determine, in our sole discretion, that such account is inappropriate, obscene or otherwise objectionable.

By registering on Models4Members, you confirm that:

    • All account registration details as provided by yourself is true, accurate, current and    complete to the best possible extent.
    • You register on Models4Members for your own personal use and you will not sell, rent or transfer your account to any third party.
    • You will not use the site for any illegal or unauthorized purpose.
    • You confirm that your use of the site will not violate any applicable law or regulations.
    • You have the legal capacity and you agree to comply with these Terms and Conditions.
  • Models4Members reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.

You will assume full and irrevocable responsibility in respect to any and all activities that happen to your account. You will remain responsible for keeping your login details confidential and secure. You further agree not to disclose these details to any other person or entity and immediately notify us at info@models4members.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. Caution must be exercised when accessing your account by use of public or shared computers or devices.

We reserve the exclusive right  to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Account Deletion

Incase you wish to terminate your Models4Members account, submit your deletion request to Models4Members customer support at info@models4members.com We will then review your account’s status and delete your account once we have confirm that we have no ongoing legitimate business need to process on your account.

 

Intellectual Property Rights

Unless otherwise indicated, Models4Members is our propriety property and all source code, database, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively,  the “Content”) and the trademarks and logo are owned or controlled by us or licensed to us, and are protected by international copyright, trademark, and other intellectual property or proprietary rights laws.

You are strictly precluded from producing or undertaking to produce for purposes of distributing, modifying or even republishing or even transmitting any material on models4members.com except to the extent permitted by law as established below:

    • Your device may  store copies of such materials in RAM incidental to your accessing and viewing those materials;
    • you may store files that are automatically cached by your Website browser for display enhancement purposes; and
  • you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

In the event that you produce whether electronically or hard copy or otherwise use or provide any other person with access to any part of the Website in a manner inconsistent with the terms of use,, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Models4Members properties shall at material times remain our trademarks and any and all of our affiliates . Users must not use any such marks, designs or slogans You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Contribution License

By posting your Contribution to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our website subject to all of the terms, conditions, limitations and restrictions contained in these Terms.  By reason of this, you shall be presumed to have acknowledged and agreed that the foregoing license may be revoked and terminated by us at any time and for any reason including but not limited to your violation of these terms or any applicable law. Any use of Models4Members other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

We have the right, in our sole and absolute discretion,

    • To edit, redact, or otherwise change any Contributions;
    • To re-categorize any Contributions to place them in more appropriate locations on the Site;
    • And, To pre-screen or delete any Contribution at any times and for any reason, without prior notice.         
  • We have NO obligation to monitor your Contributions.

 

User Content

By subscribing to Models4Members you also represent, warrant and undertake that:

    • You own, have a valid licence to, or otherwise control all rights in and to your User Content;
    • To the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
  • Your User Content is non-confidential and will be made available to you on models4members.com.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.

We are not liable to any third party for the content or accuracy of any User Content or any other user of the Website.

Upon signing up to models4members.com, you also agree to act as custodian of records for the content that you upload models4members.com.

Any questions regarding User Content can be addressed by emailing info@models4members.com.

DMCA

For purposes of compliance with the United States Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we undertake to respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by Models4Members, terminating the account of the User who published the content.

To notify us of claimed copyright infringement, please contact our customer support team by email at info@models4members.com

If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification by emailing us at info@models4members.com

A DMCA counter-notification must include all of the following:

    • Your signature whether physical or electronic
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

Should we receive a counter notification from you, we shall notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 working days following our receipt of your counter-notification, unless otherwise the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

Users must be aware that any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:

    • Create any link from any website that is not owned by you;
    • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
    • Link to any part of the Website other than the homepage; or
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You undertake to cooperate with us at all material times  in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

In the event that the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These links may contain advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

THE USE OF Models4Members AND ITS FEATURES IS PROVIDED WITHOUT WARRANTIES WHETHER EXPRESS OR IMPLIED. THE SITE IS PROVIDED ON AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICE WILL BE AT YOUR OWN SOLE RISK.  

    • We shall disclaim all warranties whether express or implied claimed by users. We do not guarantee the accuracy, usefulness, completeness or reliability of Models4Members, or the results of your use of Models4Members.
  • We also do not warrant or guarantee that Models4Members and all of its services and features will be available at any particular time or location; that Models4Members and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Models4Members and all of its services and features will be free of viruses and other harmful components. User remain responsible for implementing sufficient procedures pertaining to the usage of Models4Members.
  • We do not warrant or guarantee that Models4Members website shall be uninterrupted at all material times. However, Models4Members will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours of the United States of America  and will endeavour to give reasonable notice where possible, however this may not always be possible.

Limitations of Liability

IN NO EVENT WILL WE OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING PROFIT LOST, LOST OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION , WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

User indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees and expenses, made by third party due to arising out of or related to any of the following:

    • Your contribution;
    • Your usage of Models4Members or any of its services or features;
    • any User Content created, published, or otherwise made available on Models4Members by you;
    • Any transaction or interaction between you and any other User of Models4Members; and/or
  • Your violation of these terms or any applicable law.

Notwithstanding the foregoing, we reserve the right, at your expense to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law and Dispute Resolution

These terms and conditions shall be governed by the applicable laws of the United States of America and any claims or disputes shall be heard and determined by the courts of competent jurisdiction of the United States of America.

Any claim against us shall be filed within a period of one year failure to do the same shall be deemed time barred except to such extent permitted by the law.

Waiver and Severability

NAy right or privilege under these terms and conditions must be asserted within the time limits failure to which the same shall not be deemed as a waiver.

In the event that any provision of these terms is found by a court of competent jurisdiction is found to be invalid, the any such provision shall be removed or otherwise limited to the maximum extent such that the remaining provisions of the Terms continue to be in force.

The Context of the Agreement

These terms and conditions and any policies or operating rules posted by us on the site or in respect to the Site constitute a binding agreement as between yourself and us regarding the Website shall in circumstances supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding models4members.com. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. You hereby waive any and all defenses you may be have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto execute these Terms and Conditions.

Contact

In order to resolve a complaint regarding the site or any clarification or have any question, comments, or concerns,  Do not hesitate to contact contact us at info@models4members.com.

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