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Welcome to HOTMODELS.com, premier online community that allows Members to create and showcase unique personal profiles online and connect through networks of friends with industry professionals worldwide. HOTMODELS.com is the "World’s Hottest Online Showcase TM" for fashion, beauty, media, arts, sports and entertainment industries, operated by BE DISCOVERED! ENTERTAINMENT NETWORK, INC. By using the HOTMODELS.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the HOTMODELS.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by HOTMODELS.com from time to time, such modifications to be effective upon posting by HOTMODELS.com on the Website. This Agreement includes HOTMODELS.com's Acceptable Use Policy for Content Posted on the Website, HOTMODELS.com's Privacy Policy, and any notices regarding the Website. Links to copies of each of these policies and notices can be found on the hotmodels.com Home Page. You may also receive a copy of this Agreement by emailing us at: customercare@HOTMODELS.com, Subject: Terms of Use Agreement.
1.
Eligibility. You must be sixteen (16) or over to register as a member of HOTMODELS.com or to use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are a parent, or a legal guardian of a model/member 16 years or younger, ensure that you enter and approve all information, and that your email address and contact information is used at all times.
2.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Management section, or upon receipt by HOTMODELS.com of your written or email notice of termination. HOTMODELS.com reserves the right to terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to HOTMODELS.com. If HOTMODELS.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused membership fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 6, 7, 8 and 11-15 of this Agreement.
3.
Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as, HOTMODELS.COM Videos through Grouper, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
4.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HotModels.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5.
Non Commercial Use by Members. The Website is for the personal use of individual Members only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by HOTMODELS.COM or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
6.
Proprietary Rights in Content on HOTMODELS.com. HOTMODELS.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of HOTMODELS.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6.
Content Posted on the Site. HotModels.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HotModels.com Services. After posting your Content to the HotModels.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
a.
You understand and agree that HOTMODELS.com may review and delete any content, messages, HOTMODELS.com messages, photos or profiles (collectively, "Content") that in the sole judgment of HOTMODELS.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c.
By displaying or publishing ("posting") any Content on or through the HotModels.com Services, you hereby grant, and you represent and warrant that you have the right to grant, to HotModels.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the HotModels.com Services. The license you grant to HotModels.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HotModels.com), fully-paid and royalty-free (meaning that HotModels.com is not required to pay you for the use on the HotModels.com Services of the Content that you post), sub-licensable (so that HotModels.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the HotModels.com Services), and worldwide (because the Internet and the HotModels.com Services are global in reach). This license will terminate at the time you remove your Content from the HotModels.com Services.
d.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. HOTMODELS.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- using any information obtained from the HotModels.com Services in order to harass, abuse, or harm another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the HotModels.com Services or the networks or services connected to the HotModels.com Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile.
e.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
f.
You may not transmit any chain letters or junk email to other Members. Although HOTMODELS.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HOTMODELS.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HOTMODELS.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HotModels.com Services, you acknowledge that you will have caused substantial harm to Hotmodels.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HotModels.com $50 for each such unsolicited email or other unsolicited - communication you send through the HotModels.com Services.
g.
The Promotion, soliciting and/or recruitment of Escorts, Escort Services, Personal Companions, (etc.) on HOTMODELS.com Website is strictly prohibited. Portfolios that are used for the solicitation or promotion of escort services in ANY way will be immediately disabled with no refund. This includes (but is not limited to): Use of the Casting Call system, hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that the staff of HOTMODELS.com deems as solicitations, promotions, or offers.
h.
HOTMODELS.com has a policy regarding the posting of sexually explicit images on its web site. Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal (erections), or overt sexual positions (such as noticeably visible or spread genitalia). Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member portfolio. Consistent misclassification (rating) or categorization of images may result in the forced setting of ratings and in gross violations may result in the removal of your portfolio.
8.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. HOTMODELS.com’s Copyright Agent for notice of claims of copyright infringement can be send to: legal@HOTMODELS.com
9.
Member Disputes. You are solely responsible for your interactions with other HOTMODELS.com Members. HOTMODELS.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
10.
Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
11.
Disclaimers. HOTMODELS.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. HOTMODELS.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. HOTMODELS.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. HOTMODELS.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will HOTMODELS.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and HOTMODELS.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HOTMODELS.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
12.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will HOTMODELS.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if HOTMODELS.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HOTMODELS.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HOTMODELS.com for the Service during the term of membership.
13.
Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.
14.
Indemnity. You agree to indemnify and hold HOTMODELS.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15.
Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and HOTMODELS.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
16.
Fees. You acknowledge that HotModels.com reserves the right to charge for the HotModels.com services and to change its fees from time to time in its discretion. All membership fees are non-refundable in the event that any valid membership is canceled by HOTMODELS.COM for violation of these Terms and Conditions or by Member. If it is determined by HOTMODELS.COM, in its reasonable discretion, that the membership was not validly obtained, then HOTMODELS.COM will credit the credit card account improperly used for the charges and will invalidate the Membership ID.
17.
HOTMODELS.COM reserves the right to cancel any Membership for any reason, with or without notice, if it determines, in its sole and absolute discretion that Member has violated any of these Terms of Use.
18.
Member assumes all risk and accepts all responsibility for any and all use of HOTMODELS.COM Membership, for access to any participating websites and for the use of any Materials or content (including programming, code, software, encryption, data or other information technology) obtained from any participating website.
19.
HOTMODELS.COM Subscription and Membership fees are subject to change at any time at the sole and absolute discretion of HOTMODELS.COM
20.
TO CANCEL your membership/subscription paid with credit card:
- Login into your account
- Go to Account Management
- Click on Cancel
TO CANCEL your membership/subscription paid with PayPal:
- Log In to your PayPal account.
- Click the History tab.
- Click the Details of the subscription in question.
- Click Cancel Subscription.
- You have successfully canceled the subscriber's subscription.
OR
YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL or AT LEAST 5 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP TERM.
21.
Memberships will automatically renew upon the Terms and Conditions effective as of the anniversary date of the renewal period, except that if the Member has been a member for at least one membership period, without termination or cancellation, then Member is entitled to the automatic renewal at the same rate as his/her original membership. If Member does not wish to renew membership for any successive period, then Member must notify HOTMODELS.COM within five days prior to the anniversary date of the membership. Member authorizes HOTMODELS.COM to charge any renewals to the credit card account originally provided.
22.
All cancellations received by the Company will be effective upon receipt.
Please contact us with any questions regarding this agreement.
HOTMODELS.com is a trademark of HOTMODELS.com.
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