These Models4members.com Terms and Conditions of Service are a legal document that explains your rights and obligations as a user, subscriber, and member of models4members.com. Please read it carefully.
The following contains the general terms and conditions of contract which govern your relationship with Models4members.com (“models4members”, “m4m”). The m4m Terms and Conditions of Service (“Terms”) constitutes a legal agreement between you and Models4members. We reserve the right to update and/or change these Terms as needed including but not limited to changes based on our community, content database, legal issues, or market trends. Any changes that are made to these Terms will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment. Except as otherwise stated in these Terms, all amended terms shall be effective immediately after they are posted. Additionally, a notice of change in Terms will be provided to you upon your access to the site after the Terms have been updated. At this time, you will be asked to read and affirmatively accept the amended Terms by clicking an “I accept” and/or an “I agree” box, or you may decline to accept the amended Terms. If you do not accept the amended Terms, you will be denied access to the site, and your relationship will be governed by the Terms as they existed at the time of your first acceptance of these Terms (or accepted any subsequent changes to these Terms).
SECTION XIII CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT.
Affiliate Profile Owner. An Affiliate Profile Owner is a content contributor who has registered for an account on m4m, and this contributor is selling content for a monthly subscription fee and will be registered to CCBill.com as an affiliate with an associated affiliate number.
Active Subscriber. An Active Subscriber is a person with valid billing information who has purchased a monthly recurring subscription on m4m and this person has not cancelled the subscription or been refunded their subscription price. The Active Subscriber must also not have been the subject of a credit card dispute.
Revenue Share. Revenue Share for an Affiliate Profile Owner is the amount of money agreed percentage of the full amount of the sale. All payments to be made via ccbill.com
III. Site Usage Agreement
a. Your Use of This Site
This site is owned and operated by m4m. All media, audio, video, and related informational materials in any medium provided by m4m hereunder, including text, captions, or information (collectively referred to as “Content”) are owned by m4m and/or by our Content providers, users, or members of our community. All Content is protected by US and international copyright laws m4m may restrict, terminate, or remove your access to this site at any time, or restrict, terminate, or remove any Content for any reason.
Though we endeavor to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Content may include historically and culturally important Content and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your use of the site may expose you to Content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by m4m or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
m4m makes all reasonable efforts to comply with and respond to all issues regarding potential copyrights and trademarks available on the US or international market. While the responsibility for the Content uploaded by users is entirely that of the user, we endeavor to identify and respond to any copyright or trademark infringements. If you have identified a file that you believe represents an infringement please notify us, so that we may take the appropriate measures.
b. Content Submissions
As part of the services offered and as consideration for your assent to these Terms, m4m permits the submission of video and other communications, as well as the posting, hosting, sharing, and publishing of those submissions (Content). You understand and agree that whether or not such submissions are published and/or uploaded, the site does not guarantee any confidentiality with respect to any submissions.
You acknowledge and agree that you are solely responsible for any and all submissions made by you, and any and all consequences related to such submission. You further represent, affirm, and warrant:
• You own, retain, or have been granted the necessary licenses, rights, consents, and permissions to publish Content you submit. Your acceptance of these Terms also grants license to m4m for all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication and dissemination on the services provided by the site pursuant to these Terms to enable inclusion and use of the Content in the manner contemplated by m4m and these Terms;
• You will not post, or allow anyone else to post, any material of an adult or sexual nature that depicts any person under the age of 18 years. You further represent that you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are, in fact, over the age of 18 years;
• You possess the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable person to enable use and inclusion of said persons in the submission in a manner contemplated by the site and these Terms.
By submitting Content to the site, you hereby acknowledge and grant m4m a worldwide, non-exclusive, royalty-free, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission/Content in connection with the site and the site’s business, including without limitation for promoting and redistributing part or all of site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the site a non-exclusive license to access your submission/Content through the site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such submissions/Content as permitted through the functionality of the site and under these Terms. The foregoing license granted by you terminates once you remove or delete a submission from the site.
By and through the act of submitting Content, you further acknowledge and agree that you shall not:
• Submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission form their rightful owner to post the material and to grant the site all of the license rights granted therein;
• Publish falsehoods or misrepresentations that could damage the site or any third party;
• Submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• Post advertisements or solicitations of business;
• Impersonate another person.
m4m does not endorse any submission/content or any opinion, recommendation, or advice expressed therein, and M4m expressly disclaims any and all liability in connection with such submissions/Content. m4m does not permit copyright infringing activities and infringement of intellectual property rights on the site, and m4m will remove all Content and submissions if properly notified that such Content or submission infringes on another’s intellectual property rights. m4m reserves the right to remove Content and submissions without prior notice or delay. m4m will terminate a user’s access to its site if they are determined to be an infringer. While all legal content is accepted, m4m also reserves the right to decide in its sole and unfettered discretion, whether Content/submissions are appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law; including, but not limited to obscene or defamatory material, posting or promoting pornographic materials, promoting illegal activities or unlawful actions, promotion or sale of controlled substances and pharmaceuticals, the impersonation or misrepresentation of any individual or entity, and currency exchange between parties. m4m may remove such Content/submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice, and at its sole and unfettered discretion, decide whether posted content violates these Terms.
c. Prohibition by Law
You agree that your use of this website and any Content shall comply with all applicable law. It is your responsibility to ensure that your use of the site does not violate any federal, state, provincial, or local laws or regulations applicable to your use of the site. You agree that you shall not post, publish, upload, or make available in any way Content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside or elsewhere; including, but not limited to, any laws related to securities, privacy, and export control. You agree that you shall not post, publish, transmit, or otherwise make available in any way content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use this site in any way that exposes the m4m to criminal or civil liability.
Children (persons under the age of 18) are not eligible to use this site unsupervised and children are prohibited from registering for an account, submitting any personal information to the site, or submitting any Content to the site in any way. In accessing or utilizing this site in any way, you warrant and affirm that you are 18 years of age or older.
IV. Your Account
a. Account Details
To obtain access to the Content on m4m as well as upload any Content, you must first register for a m4m account and agree to provide complete, true, and accurate information. You agree to access the authorized sections of m4m and your account only by using the user information and password you supplied to m4m.
b. Account Confidentiality and Unauthorized Use
You are responsible for maintaining the confidentiality of your user information, account number and/or password, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable measures to prevent others from obtaining your access information and to notify m4m of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all charges by others using your account, with or without your permission or knowledge prior to the time that you notify m4m of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any m4m account or web site, or related services.
At any time, you may request your account access to be restricted, but m4m reserves the right to delay your request until all requirements of these Terms are met.
c. Refusal of Service & Right of Rejection
m4m reserves sole discretion over whether to grant you an account or allow you access to the site.
m4m reserves the right, in its sole and absolute discretion, and without any duty to do so, to remove any Content submission(s) made by you for any reason, including, without limitation:
4. Breach or suspected breach of any part of these Terms;
5. Suspected or alleged copyright or trademark infringement;
6. Suspected or alleged criminal activity; and/or
7. Suspected or alleged violation of any statute, ordinance, law, regulation or rule.
m4m reserves the right to report any suspected, alleged or actual breach of these Terms, including criminal activity, or copyright or trademark infringement, to any and all law enforcement authorities, including preserving and disclosing information or content. Moreover, m4m reserves the right to cooperate fully in any investigation. In such instances, m4m further reserves the right to immediately terminate without notice any account whic hm4m believes, in m4m’s sole discretion, is in violation of these Terms. m4m may inform you of the reason for termination, though it is under no obligation to do so. In some cases, it may be a violation of applicable law to inform you of the reason for such termination.
d. Termination of Subscribers
m4m reserves the right to cancel, lock, terminate, and/or delete a subscriber account at any time, without notice, if we believe they have violated these Terms for any reason whatsoever. While m4m may inform you of the reason for cancellation, locking, terminating, and/or deleting your profile, it is under no obligation to inform.
V. User Purchase and Payment
m4m reserves the right to modify and adjust any pricing at its sole discretion. m4m reserves the right to change pricing structures and impose fees on any user account type, whether it is an owner account that sells content, or a subscriber account that buys. Any change in pricing structures or fees will not apply retroactively.
All charges and payments must be paid in the lawful money of the United States of America.
b. Authorization and Automatic Renewals
Subscribers will be billed monthly. When a subscriber joins m4m initially, the subscriber will be billed immediately upon entering the site after the subscriber has entered valid credit card information and the subscriber hits ‘Pay and Subscribe’. The definition of ‘monthly’ will be billing at any point that is between 28 days to 31 days after the initial purchase of the subscription. You specifically agree, assent, and authorize m4m to charge the payment method provided by you for monthly recurring subscription charges.
To continue your subscription and services without interruption, purchases will renew automatically. Until canceled, renewal purchase prices will remain the same as your initial purchase price, unless otherwise specified. Not withstanding the foregoing, subscription prices may, from time to time, be increased or decreased by the Content provider.
c. Tips to Profile Owners
m4m may, but is not obligated to, permit individual money contributions to profile owners through the site. To the extent that we decide to permit contributions, you acknowledge and agree that:
• Payment of a tips is done at your own option and risk. Tips are not required for use of m4m.
• Tips are voluntary and may not be given in exchange for specific services. Promising to give a contribution in exchange for any act is strictly prohibited, and such conduct will result in an immediate and lifetime ban from use of m4m.
• All contributions are chargeable when made. We will not return a tip made from your account except in situations that are deemed by us, in our sole and absolute discretion, to be extraordinary.
m4m do not alter our code of conduct.
d. Refund Policy
m4m and or CCBill handles all refund requests on a case by case basis.
e. Suspected Credit Card Fraud
m4m and CCbill.com has developed its own proprietary fraud monitoring and fraud tracking processes. If m4m or ccbill.com becomes suspicious for any reason whatsoever of potential credit card fraud related to your subscribing credit card, m4m & ccbill.com reserves the right in its sole discretion to lock and/or terminate your account. If m4m or ccbill.com terminates your subscriber account based on suspicious credit card activity, ccbill.com will refund the subscription price to your credit card. After such refund is made, the relationship between you, as a terminated subscriber, and ccbill.com and m4m will be concluded in its entirety. At its sole discretion, m4m reserves the right to fingerprint lock suspicious credit cards from engaging in any commercial activity on the site.
VI. Profile Owner Revenue Share, Payments, and Termination
a. Revenue Share
As a user contributing Content to this site, you shall receive a Revenue Share as described and defined in these Terms and the paragraphs below. The paragraphs below (as well as the definition provided above) establish the minimum Revenue Share that is to be awarded to you as a contributing user..
b. Active Subscriptions
m4m/ccbill.com will pay the agreed percentage of each payment every month from the starting date of the subscription and will not hold any money from the profile owner at any time.
c. Tips to Profile Owners
m4m may, but is not obligated to, permit individual money tips from subscribers to profile owners on the M4m site. A profile owner may decide to “hide” or “show” the tip me button on their profile. If a profile owner decides to accept tips, then M4m will pay out the tip money at the same time as the profile owner’s Revenue Share. M4m reserves the right to set tip amount limits and can not exceed $200 for one payment and to also set tip parameters. M4m will decide the tip parameters for the website at its sole discretion. m4m also reserves the right to disallow a profile from receiving tips. All tips are subject to a payment processing fee of 20% for each transaction. If a tip shall be the subject of a credit dispute and/or chargeback, M4m/CCBill.com will deduct this amount from the contribution total as well as any bank charges and/or dispute fees related to the credit card dispute and/or chargeback.
d. Payment of Revenue Share and Contributions
m4m/ccbill.com will remit Revenue Share payments to you through an ACH transfer or by check each week unless adjusted by the content provider. Minimum threshold for check payments are $25 from Active Subscribers.
You, as the payee, authorize ccbill.com to act as your agent for purposes of receiving payments from users/subscribers, the payors, for the sale or use of your content. ccbill.com receipt of any of payment from users/subscribers pursuant to these Terms satisfies their obligations to you, the payee, for your content.
ccbill.com will pay all Revenue Shares due to you to the bank account or check of record associated with your profile account. m4m is not responsible for any other third-party arrangements for distribution of income. If a dispute arises between you and a third party, you agree that m4m bears no financial responsibility for the disputed funds, and the responsibility for income distribution to third parties (if any) shall be your sole responsibility.
If you are a profile owner contributing Content to the site, you must enter your banking information with ccbill.com in order to receive any payment owed to you by M4m.
i. Chargebacks and Disputes
All billing is handled through CCBill.com. In the case of a customer chargeback the customers information will be blacklisted our website and ccbill.com for life and can never join ever again using those credentials such as ip address, name, email, credit card, etc.
ii. Payment Procedure for Revenue Share Earnings and Contributions
If you, as a Profile Owner, qualify for a payment as established by these Terms, you will receive an weekly payment from ccbill.com. Only Profile Owners who meet the $25 Check Minimum and are due a payment as per these Terms.
e. Minimum Revenue Share Earnings and Termination
i. Required $25 Check Minimum Threshold, Revenue Share Earnings
If you do not surpass the $25 Minimum threshold in Revenue Share earnings from Active Subscribers as measured on the last day of the calendar week (as described and defined in these Terms), M4m reserves the right to terminate your account in its sole discretion. Any unpaid Revenue Share earnings associated with your terminated account are payable to M4m and collected as a Hosting Fee associated with M4m’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, M4m reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.
ii. Termination of Contributing Profile Owners
M4m reserves the right to cancel, lock, terminate, and/or delete your contributing profile account at any time, without notice, if we believe they have violated these Terms for any reason whatsoever. While M4m may inform you of the reason for cancellation, locking, terminating, and/or deleting your profile, it is under no obligation to inform. Any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to M4m and collected as a Hosting Fee associated with M4m’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, M4m reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.
If your profile owner account has 5 or more Active Subscriptions, but you have not posted any new Content within 24 hours after receiving your 5th paying subscriber, then M4m reserves the right in its sole discretion to cancel, lock, terminate and/or delete your account. Any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to M4m and collected as a Hosting Fee associated with M4m’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, M4m reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.
If your account has 10 days of inactivity and/or no new Content has been posted, then M4m reserves the right in its sole discretion to lock and/or delete the account and any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to M4m and collected as a Hosting Fee associated with M4m’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, M4m reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.
As an exception to the foregoing, users who maintain owner accounts are able to place their accounts on away mode. Away mode is a voluntary option, and all subscribers to the account will be notified. Billing will also be suspended while an account is on away mode.
While M4m may inform you of the reason for cancellation, locking, and/or deleting your profile, it is under no obligation to inform.
Upon request, you are required to provide a state driver’s license and/or passport to the site. If asked by M4m for this identification which may be requested for any reason, you must provide the requested verification within 72 hours. If verification is not provided within 72 hours, your account may be locked and/or deleted and any Revenue Share earnings for the calendar month in which termination of your account is effective are payable to M4m and collected as a Hosting Fee associated with M4m’s overhead related to the hosting of your account and content, and payment processor fees, among others. Notwithstanding the foregoing, M4m reserves the right to refund any unpaid Revenue Share earnings to you in its sole discretion.
If your account has been locked, deleted, or terminated by M4m, you are prohibited from creating or establishing a new account in any capacity on the site. You are similarly barred from utilizing any other name, moniker, or mark to establish a new account on the site. If M4m discovers account creation contrary to this clause and these Terms, it may immediately terminate said account without any prior notice. M4m may, in its sole discretion, prosecute any violations of this clause to the fullest extent of the law.
VII. Intellectual Property
Content on the site is provided to you “as is” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of its respective owner. M4m reserves all rights not expressly granted in and to the site and the Content. You expressly agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein; including any copying, use, or distribution of Content of third-parties obtained through the site for any commercial purpose. If you do download or create a copy of the Content for personal use and enjoyment, you must retain all copyright and other proprietary noticed contained therein.
VIII. Copyright Infringement and Claims Thereof
1. Digital Millennium Copyright Act (DMCA) Policy
1. Notice. If you are a copyright owner or an agent of the copyright owner, and believe your work has been copied in a way that constitutes infringement on the site or via the services offered through the site, you may submit a copyright infringement notification as set forth in the Digital Millennium Copyright Act (“DMCA”). In issuing such a notice, you are required to provide the following information in writing to firstname.lastname@example.org, or our designated agent listed below:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work that you claim has been infringed, or, if the claim involves multiple works, a representative list of such works;
3. Identification of the material that you claim to be infringing in a manner reasonably sufficient to to permit the service provider to locate the material on the site;
4. Adequate information by which we may contact you, such as your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2. Please be aware that if you knowingly misrepresent that material or an activity on the site is infringing your copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
3. Designated Agent. Our designated Copyright Agent to receive notices of infringement is:
PO Box 320176
Cocoa Beach, FL 32932
DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: email@example.com
4. Counter-Notice. If you believe that your content that was removed, or access that was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use your Content, you may send a counter-notification containing the following information to the Copyright Agent:
1. Our physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged agreement.
5. If a counter-notification is received by M4m’s Copyright Agent, M4m may send a copy of the counter-notification to the original complainant informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the county-notification, at the site’s sole discretion. Please be aware that if you knowingly misrepresent that material or an activity on the Site was removed or disabled by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
2. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating and/or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. Any user/submitter that has provided Content to the site that becomes the subject of three (3) DMCA notifications will be considered a “Repeat Infringer” by M4m, and will be terminated therefrom. We may also at our sole discretion limit access to the site, terminate and/or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
IX. 18 U.S.C. 2257 Statement
M4m is not a producer (primary or secondary) of any and all of the content found on the site (M4m.com). With respect to the records as per 18 U.S.C. 2257 for any and all content found on this site, please kindly direct your request to the account holder from which the content was produced or distributed.
M4m is a content sharing site that allows for the uploading, sharing, and general viewing of various types of legal content and while M4m does the best it can to verify compliance, it may not be 100% accurate.
M4m abides by the following procedures to ensure compliance:
• Requiring all users to be 18 years of age to upload any legal content;
• Requiring all users to agree to these Terms which dictate that the user must verify the content, assure that he/she is 18 years of age, certify that he/she keeps records of the models in the Content and that they are over 18 years of age.
For further assistance and/or information in finding the Content’s originating site or distributer, please contact M4m’s compliance team at firstname.lastname@example.org.
M4m allows and encourages users to report questionably inappropriate Content. Should any content be reported as illegal, unlawful, harassing, harmful, offensive, or various other reasons, M4m shall remove it from the site without delay.
Users of M4m who come across such content are urged to report it as inappropriate.
X. Limitation of Liability
THE WORLD IS AN IMPERFECT PLACE AND DISPUTES CAN ARISE. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, IF A DISPUTE ARISES WITH ONE OR MORE USERS, YOU AGREE TO INDEMNIFY AND RELEASE M4m, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES, BOTH ACTUAL AND CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. FURTHERMORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO INDEMNIFY AND RELEASE M4m, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES FROM THE FOLLOWING:
• ALL COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM ANY AND ALL USE AND ACCESS, OR INABILITY TO USE OR ACCESS THE SITE, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES;
• VIOLATION OF ANY CLAUSE OF THESE TERMS;
• VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
• IN NO EVENT SHALL M4m BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO M4m, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF M4m’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF M4m’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
• ANY CLAIM THAT A USER’S CONTENT CAUSED DAMAGE TO A THIRD PARTY.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SERVICE.IF YOU HAPPEN TO RESIDE IN THE STATE OF Florida, YOU ARE AGREEING TO WAIVE ANY LIABILITY UNDER Florida CIVIL CODE §1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
M4m WILL NOT BE HELD RESPONSIBLE FOR OTHER USER’S CONTENT OR DIGITAL GOODS, ACTIONS OR INACTIONS, OR ITEMS THEY LIST.
IN NO EVENT SHALL M4m, ALONG WITH ANY AND ALL ASSOCIATED OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES’ LIABILITY FOR YOUR USE OF THE SITE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR YOUR USE OF THE SITE. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
IF FOR ANY REASON A COMPLETE CALENDAR MONTH CANNOT BE COMPLETED BY THE SITE OR THE USER, SUCH PAYMENTS SHALL BE FORFEITED AND WILL REMAIN THE PROPERTY OF THE SITE.
IF M4m IS UNABLE TO PROCESS ANY SUBSCRIBER PAYMENTS THROUGH NO FAULT OF ITS OWN, AND DESPITE ITS BEST EFFORTS, M4m WILL NOT BE LIABLE FOR ANY AMOUNT NOT ACTUALLY RECEIVED BY M4m.
IN ACCESSING THE SITE AND AGREEING TO THESE TERMS YOU AFFIRM AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING.
XI. Force Majeure
M4m undertakes to ensure maximum availability of the site. Excluded from this are periods during which the site servers are not accessible due to circumstances which do not fall within the responsibility of M4m. Also excluded are periods of maintenance during which accessing the site’s servers is not possible. M4m is not liable for any defects which are caused by external events, handling errors by the user or participant, force majeure, or by manipulations which are not carried out by M4m or which cannot be attributed to M4m.
To the maximum extent permitted by applicable law, M4m will not be liable for any specific, incidental, indirect, or consequential damage, arising out of the user or inability to use this site. This limitation remains valid even if M4m has previously advised of the possibility of such damage.
If for any reason a complete calendar month cannot be completed by the site or the user, payments from the final calendar month shall be forfeited and will remain the property of the site. In accessing the site, you affirm and agree that you have read and understood the foregoing.
These Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the site without restriction.
XIII. CLAIMS AND LEGAL ACTIONS
a. INDIVIDUAL BINDING ARBITRATION OF CLAIMS
i. Agreement to Arbitrate Claims
You and M4m agree that, except for disputes that qualify for small claims, any controversy or claim arising out of or related to these Terms, any aspect of the relationship between us, your use of the site, or any provision of services by M4m, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration (the “Agreement”). This Agreement to arbitrate applies regardless of whether such claims are based in law or equity, in contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal theory.
This section shall apply to the maximum extent permitted by applicable law. If the laws of the jurisdiction in which you reside prohibit the application some or all of the provisions of this section, such provisions will not apply to you.
An arbitration is a proceeding before a neutral arbitrator, instead of a judge or jury. Arbitration is less formal than an action in court, provides for more limited discovery, and is subject to limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. Each party has an opportunity to present evidence to the arbitrator in writing. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.
You and M4m agree that their sole relationship is a contractual one governed by the Terms. Any controversy or claim arising out of or related to these Terms, the site, or any provision of services by M4m shall be resolved solely based on the agreements set forth in these Terms.
a. AAA Arbitration
Any arbitration between you and M4m shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “Rules”). Judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve M4m’s registered agent for service of process, United States Corporation Agents, Inc., which has locations in every state.
Any arbitration under this Agreement will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You and M4m are each waiving the right to trial by jury. You and M4m are further giving up the ability to participate in a class, mass, consolidated or combined action or arbitration.
b. Location of Arbitration/Arbitrator/Cost of Arbitration/Governing Law/Survival
Any Arbitration between you and M4m shall take place in the county where you reside and will be determined by a single arbitrator.
If you are required to pay a filing fee or any other administrative fee by the AAA Rules, such fee shall be paid by you to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous and proper complaints (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), M4m will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the American Arbitration Association. Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law.
All issues are for the arbitrator to decide, except that issues relating to the scope, application, or enforceability of the arbitration provision are for a court to decide. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of the Terms.
c. Statutes of Limitations
No demand for arbitration may be made after the date when the institution or legal proceedings based on such claim or dispute would be barred by the applicable statute of limitations.
d. Arbitration Procedure
Unless you and m4m agree otherwise, for all disputes concerning an amount less than fifteen thousand dollars ($15,000.00), the parties shall submit their arguments and evidence to the arbitrator in writing and the arbitrator shall make an award based only on the documents. The arbitrator will not hold a hearing unless, upon request of a party, the arbitrator in its discretion decides a hearing is necessary. If your claim exceeds fifteen thousand dollars ($15,000.00) your right to a hearing will be determined by the AAA Rules. For claims over $15,000.00, m4m shall pay your filing fee under the AAA Rules, provided that you agree that both parties shall submit their arguments and evidence to the arbitrator in writing and that the arbitrator shall make an award based only on the documents, without a hearing being held. Notwithstanding this provision, the parties may agree to proceed with arbitration without a hearing at any time. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
e. Exceptions – Access to Small Claims Courts, Injunctions, Intellectual Property
All parties shall retain the right to seek adjudication and bring an individual action in small claims court, for individual disputes within the scope of such court’s jurisdiction.
All parties retain the right to adjudicate in any court of competent jurisdiction, disputes related to claims of infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), including such claims seeking injunctive relief.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; such award or judgment cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, unless a brief explanation of the reasons is requested by one of the parties, the arbitrator will not provide a statement of reasons for his or her award. The arbitrator may not consolidate more than one person’s claims, unless you and m4m agree otherwise, and the arbitrator may not otherwise preside over any form of a representative, private attorney general or class proceeding.
If you prevail in arbitration, you will be entitled to an award of attorney’s fees and expenses, to the extent permitted under applicable law. m4m will not seek, and hereby waives all rights m4m may have under applicable law to recover attorney’s fees and expenses if m4m prevails in arbitration.
g. Confidentiality of Arbitration
Notwithstanding anything to the contrary in the AAA Rules, you and m4m agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully and completely confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the American Arbitration Association from reporting certain consumer arbitration case information as required by state law.
You and m4m acknowledge and agree that pursuant to these Terms:
2. YOU AND M4M AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, M4M, OR ANY RELATED THIRD PARTIES;
3. YOU AND M4M AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT, OTHER THAN A STATE SMALL CLAIMS COURT AS DEFINED ABOVE, RESOLVE ANY DISPUTE ALLEGED AGAINST YOU, M4M, OR RELATED THIRD PARTIES;
4. YOU AND M4M AGREE THAT WE ARE WAIVING THE RIGHT TO HAVE A COURT REVIEW ANY DECISION OR AWARD OF AN ARBITRATOR, WHETHER INTERIM OR FINAL, EXCEPT FOR APPEALS BASED ON THOSE GROUNDS EXPRESSLY SET FORTH IN SECTION 10 OF THE FEDERAL ARBITRATION ACT;
5. YOU AND M4M AGREE THAT WE ARE WAIVING THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER CAPACITY, JOIN AS A CLASS MEMBER, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTION OR ARBITRATION FILED AGAINST YOU, M4M, AND/OR RELATED THIRD PARTIES.
i. Demand of Arbitration – Notification
You and m4m agree to make reasonable, good faith efforts to informally resolve any dispute before demanding and initiating arbitration. If either you or m4m intends to seek arbitration, the party seeking arbitration must first send the other party a written notice that describes the nature and the basis of the claim or dispute, as well as setting forth the relief sought. If you and m4m do not agree to resolve the claim or dispute within 30 days after the notice is received, you or m4m may proceed with arbitration. Written notice to m4m must be given by first class mail or pre-paid post to models4members PO Box 320176, Cocoa Beach, FL 32932. M4m may give notice by means of electronic mail to your email address listed in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Any claim or dispute shall be extinguished unless you or m4m complies with this “Demand of Arbitration – Notification” clause.
Notwithstanding any of the modification-related provisions contained in these Terms, if m4m changes this “Claims and Legal Actions” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing m4m with written notice of such rejection by mail or hand delivery to: models4members PO Box 320176, Cocoa Beach, FL 32932 , or to email from the address associated with your account to email@example.com within 30 days of the date such change became effective, as indicated in the “Last Update” date below. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Claims and Legal Actions” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and m4m in accordance with the provisions of this “Claims and Legal Actions” section as of the date your first accepted these Terms (or accepted any subsequent changes to these Terms). Alternatively, if you have not previously accepted Terms containing an arbitration provision, your rejection (within 30 days such Terms became effective as described above) of this “Claims and Legal Actions” section will not bind you to this arbitration Agreement.
Any changes that are made to the Terms of this “Claims and Legal Actions” section will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment.
Notwithstanding anything to the contrary in the AAA Rules, if any part of this arbitration provision is deemed invalid or ineffective for any reason, this shall not affect the validity or enforceability of the remainder of this arbitration provision, and the arbitrator shall have the authority to amend any provisions deemed invalid or ineffective to make the same valid and enforceable.
Feedback from our users is encouraged, as it helps us to fine tune the best quality product possible. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that 1. your Feedback does not contain the confidential or proprietary information of third parties, 2. we are under no obligation of confidentiality, express or implied, with respect to the Feedback, 3. we may have something similar to the Feedback already under consideration or in development, and 4. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback.
You agree to indemnify and hold m4m and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees), arising out of or in connection with: (i) your use of the site or services obtained through your use of the site; (ii) your breach or violation of any of these Terms; (iii) m4m’s use of your Content; or (iv) your violation of the rights of any third party, including third party providers.
As a Content contributor, for each piece of Content that you contribute, you agree to indemnify, defend, and hold harmless m4m against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any claim that such Content infringes upon any third party’s rights or intellectual property.
m4m may give notice by means of a general notice on the site, electronic mail to your email address listed in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to m4m with such notice deemed given when received by m4m, at any time by first class mail or pre-paid post to models4members PO Box 320176, Cocoa Beach, FL 32932
XVII. WARRANTY DISCLAIMER
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE THAT USE OF THE SITE AND ALL SERVICES RENDERED THEREIN SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, M4M, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. M4M MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. M4m DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND M4M WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EXERCISING CAUTION AND UTILIZING YOUR BEST JUDGMENT IS IMPERATIVE WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
m4m does not transfer legal ownership of items from the seller to the buyer or Content provider to subscriber. To the extent Digital Goods sold pursuant to these Terms are deemed to be “goods,” as defined in Florida Commercial Code, such definitions will apply to the transfer of ownership of goods between the buyer and the seller and/or Content provider and subscriber, unless the buyer and the seller or Content provider and subscriber agree otherwise. m4m also cannot guarantee continuous or secure access to the site, service or tools, and operation of the site, service or tools may be interfered with by numerous factors outside of our control.
XVIII. Changes and Amendments
m4m may amend these Terms at any time. The right to amend these Terms includes the right to modify, add to, or remove clauses in these Terms. Except as otherwise stated in these Terms, all amended terms shall be effective immediately after they are posted. Additionally, a notice of change in Terms will be provided to you upon your access to the site after the Terms have been updated. At this time, you will be asked to read and affirmatively accept the amended Terms by clicking an “I accept” or “I agree” box, or you may decline to accept the amended Terms. If you do not accept the amended Terms, you will be denied access to the site, and your relationship will be governed by the Terms as they existed at the time of your first acceptance of these Terms (or accepted any subsequent changes to these Terms). Regardless of our efforts to provide reasonable notice of any change in Terms, you should review these Terms periodically.
Any changes that are made to these Terms will not apply retroactively, and will not apply to any dispute of which both parties had actual notice on or prior to the date of the change or amendment.
These Terms, and all policies set forth the entire understanding and agreement between you and m4m, and supersede all prior understandings and agreements of the parties.
XIX. No Waiver / Severability
No action of m4m, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Last Update: June 16, 2017