Terms of Service
Last Updated: 1/11/2024
SD VISIONS LLC., a Nevada corporation located at 1123 port sunlight ct, Las Vegas, NV, 89014 is the owner and operator of www.modelconnectpro.com, and any affiliated websites and related mobile versions (“Model Connect Pro”, “we”, “us” or “our(s)”).
Model Connect Pro is a platform for posting and applying to open positions and for Models to find other Models in the adult entertainment industry. We have no involvement in, or control over, the real-world interactions between models, industry professionals, and other individuals that are seeking employment and work opportunities in the adult entertainment industry (“Model”) and Producers, recruiters, and other individuals and businesses that are seeking employees and workers in the adult entertainment industry (“Producers”).. We do not operate a model agency, nor do we offer, promise, or attempt to procure, secure, or arrange for any employment or engagement for any person or business. Nothing in this Agreement shall be interpreted or construed as our offer, promise, or attempt to procure, secure, or arrange for any employment or engagement for any person or business. Nothing in this agreement shall be interpreted or construed as an offer or promise to provide the services of a model agency.
These Terms of Service are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Model Connect Pro, including our board for posting and applying to open positions in the adult entertainment business (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Model Connect Pro, (“Materials”), and any materials posted to or otherwise shared on Model Connect Pro by you, (“Content”), including any job posting advertising an open position in the adult entertainment business (“Posting”) or professional resume detailing your job history and skills (“Resume”).
Note: The Services are intended to be used only to connect Model to Model, Producers and Models in adult entertainment productions, or by service providers to Producers and Models in the adult entertainment industry. The Services are not intended to connect Models to customers. While Models may use the designated areas to provide potential Producers and other Models with access to certain social media accounts, Models shall not use the Comment section to advertise your social media accounts or other websites directly to consumers of adult entertainment.
By accessing Model Connect Pro, you accept and agree to our website policies, including these Terms of Service, which are subject to changes at any time. We will provide notice to you of such changes by updating the date above, and you will periodically check for such changes from time to time. Any changes are effective when posted.
1. Accounts
- Creating an AccountAll Models may register for a Monthly user account on Model Connect Pro which permits the user to review Postings, post Resumes and to contact other models for fansite work, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service (“Monthly user(s)”). Monthly users may upgrade their account by paying an additional fee which permits the user to access certain additional features (“Premium User(s)”). You shall not register a Model account on behalf of another person. You shall not post a resume on behalf of another person, and you shall not post a resume with pictures depicting another person. All Model accounts must be created and operated by a single person who is the person seeking a job or Collaboration. Model agencies cannot create Model accounts on behalf of a model.
Producers in the adult entertainment industry may register for an Producer account on Model Connect Pro for free which permits the Producer to post Postings and review Resumes, provided you meet the requirements set forth herein, otherwise abide by these Terms of Service, and pay any fees associated with your account this includes a 25$ fee each time when booking a model. You may only set up an Producer account if you are authorized to create such an account on behalf of the business entity who owns the account. Producer accounts may be accessed and used by multiple authorized individuals.
Model Connect Pro may require, at any time, that you provide additional information or documentation to verify your age, identity, or payment methods. You agree to promptly provide this information upon request. Your failure to provide any such verification information constitutes a breach of these Terms of Service and may result in termination of your membership and a ban on creation of new accounts. You shall not register for an account or otherwise use Model Connect Pro if you seek to employ individuals or be employed for purposes of prostitution, escorting, massage, and/or companionship or Dating, or if the production or distribution of adult entertainment is unlawful in your jurisdiction. We may permit you to upgrade to one or more account types which each require a different monthly membership fee and permit you to engage in certain additional features.
If you provide any false, misleading, incomplete, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, your membership is null and void. We have the right to terminate your membership at any time. You will not assign, transfer, sell, membership with Model Connect Pro or share your membership credentials with any other person or entity. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due.
By creating an account on Model Connect Pro, you certify to us that:
- You are eighteen (18) years of age or older, are at least the age of majority in your jurisdiction, have the legal capacity to enter in to and agree to these Terms of Service, and are using the Services freely, voluntarily, and willingly, for the purposes of seeking or offering employment opportunities or seeking other Models in adult entertainment.
- You are aware of and are not offended by the adult nature of Model Connect Pro and the job listings posted thereon.
- You will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
- Deleting Your AccountIf you are a Monthly User or a Premium Monthly User, you may delete your account at any time by toggling your status from “Active” to “I’m Finished Here” in your account settings, which will permanently delete your resume. If you are a Monthly or a Premium Monthly User, you may temporarily disable your account at any time by toggling your status to “Taking A Break.”
If you are an Producer, you may close your account by clicking “cancel subscription” and “cancel billing” in your account settings. Your account will expire and your ad will no longer be displayed.
We may suspend or delete your account and/or any licenses herein at any time, for any reason, at our sole discretion. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
2. Billing
- Charges to Your AccountRegistered users that provide valid and current payment information may purchase a membership as described above. The fees and features associated with each upgraded account type are prominently displayed on Model Connect Pro. We reserve the right to charge additional fees for access to Model Connect Pro or any other feature of Model Connect Pro, and to change our fee structure at our discretion. All previous offers, fees, features, and discounts are void once removed from Model Connect Pro. You agree to pay any and all fees or account charges related to any fees, charges, purchases, memberships, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our Model Connect Pro name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, chargebacks and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
- Automatic RenewalWe may utilize an automatic rebilling cycle in accordance with your selected payment method and any recurring fees, charges, purchases, upgrades, or advertising subscriptions (“Recurring Feature”) associated with your account. Please note that cancelation of a Recurring Feature during the course of the subscription period does not entitle you to a refund of the remainder of the subscription period; you will continue to have access to Model Connect Pro, the Services, and the Recurring Feature associated with the subscription for the remainder of the current subscription period.
- Third Party Payment ProcessingWe utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Model Connect Pro and/or the Services. Such third parties may impose additional terms and conditions governing payment processing, and you are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
- Changes to Your Billing InformationYou must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing and/or payment for Model Connect Pro and the Services, if applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Model Connect Pro and the Services, as well as subjecting you to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Model Connect Pro incurs with respect to your account, along with any additional fees and/or penalties imposed by our third- party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred dollars ($100 USD) in additional liquidated damages as well as any costs incurred by us for each fee incurred.
- ChargebacksIf you make a purchase on Model Connect Pro that results in a chargeback, we may terminate your account.
- Changes to Our Billing MethodsWe reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
- RefundsYou understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request sole discretion. Refunds will not be provided in the event a chargeback has been initiated.
- Billing ErrorsIf you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Service.
- Stolen Cards and Fraudulent Use of Credit CardsWe take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
3. Material and Content
- MaterialsYou understand that all we are selling you is access to Model Connect Pro and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Model Connect Pro and/or use the Services. All users may access certain public areas of Model Connect Pro and use the Services and Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use those Materials provided on free areas of Model Connect Pro for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed and/or Services available to you. Your license to access Model Connect Pro and use the Services and Materials is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use of, and/or copying of the Materials.
- ContentBy uploading your profile image or album images, you acknowledge and agree that every image will be reviewed by our editors and is subject to moderation. SD Vision LLC reserves the right to remove or modify any content that is deemed inappropriate, offensive, or not in compliance with our guidelines. We strive to maintain a respectful and safe environment for all users and appreciate your cooperation.
We may permit you to submit Content to Model Connect Pro. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Model Connect Pro non-confidential and nonproprietary. We may freely use and otherwise exploit this Content for any purpose. You warrant that any Content submitted to Model Connect Pro depicts only you, and that you consent to the recording and publication of the Content on Model Connect Pro, and that the Content does not violate any rights of any third parties.
- Resumes, Postings, and Other ContentYou understand and agree that, while we attempt to restrict access to our Resume database to Producers and law enforcement personnel, all Content posted on Model Connect Pro is considered public and may be accessed by other users of Model Connect Pro. While you may remove your Resume or Posting from your account, you understand and agree that all users are permitted to access and download Postings, and Producers are permitted to access and download your Resume. We have no control over and are not responsible for the retention, use, or privacy of your Content.
- Your Grant of Rights to UsYou retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Model Connect Pro (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Model Connect Pro at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for the Content and the consequences of posting the Content to Model Connect Pro.
- Your Grant to Our UsersYou grant each user of Model Connect Pro a worldwide, nonexclusive, royalty-free license to access the Content through Model Connect Pro, and to use, reproduce, display, and perform the Content as permitted through Model Connect Pro and under these Terms of Service.
4. Prohibited Uses
- Prohibited UsesYou agree that you will only use Model Connect Pro, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Service. You may not use Model Connect Pro, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
- Use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Service or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to:
- laws prohibiting sex trafficking and promotion or facilitation of prostitution;
- intellectual property rights laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property rights indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload;
- laws against obscene, lewd, defamatory, or libelous speech; and
- laws protecting confidentiality, privacy rights, publicity rights, or data protection.
- Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- Post, upload, or share Content that is harmful, inaccurate, disparaging, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise just plain nasty or objectionable, or any content that, in our sole discretion, is otherwise inappropriate.
- Post, upload, or share Content which depicts sexually explicit conduct as defined by 18 U.S.C. 2256(2)(A).
- Post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons, asphyxiation, fisting, or genital mutilation; (v) necrophilia; (vi) blood, urine, scatological, lactation, vomit, or excrement-related content; (vii) age- play or adult baby/diaper lover content, (viii) illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (ix) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on the Services; (x) illegal or illicit drugs; (xi) suicide or self-harm; (xii) any other illegal behavior or behavior that may be considered obscene under applicable law.
- Post, upload, or share Content depicting any person under eighteen (18) years oldPost, upload, or share Content depicting any person under eighteen (18) years old..
- Post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
- Post, upload, or share any Content which violates anti-discrimination or other employment laws.
- Post, upload, or share any Content with the intention of hiring or being hired as an employee in connection with a business in the nature of or related to companionship, escorting, brothel work, swinger parties, or dating of any kind.
- Post, upload, or share any Content with the intention of hiring or being hired as an employee in connection with a business in the nature of or related to massage parlors or body rubs.
- Post, upload, or share any Content that depicts a third party or any A.I. (artificial intelligence) generated image.
- Post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Service, use materials, third-party content, or other content on the Services for any commercial use.
- Post, upload, or share a URL, email address, social media username, or phone number in the Comment section of a Posting or on your Resume. You may only post social media usernames in the designated areas!
- Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
- Send unsolicited sexual content to another user or otherwise engage in nonconsensual sexual objectification of another user.
- Use emojis, GIFs, or other media to communicate any activity that violates these Terms of Service.
- Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
- Engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, the Content, or links to third party websites.
- Circumvent, disable, damage, or otherwise interfere with the operations of Model Connect Pro, any user’s enjoyment of Model Connect Pro, or our security-related features or features that prevent, limit, or restrict the use or copying of any materials or content, or features that enforce limitations on the use of Model Connect Pro or the content on it, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- Access or use any automated process (such as a robot, spider, scraper, or similar) to access Model Connect Pro in violation of our robot exclusion headers or to scrap all or a substantial part of our content (other than in connection with bona fide search engine indexing or as Model Connect Pro may otherwise expressly permit).
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Model Connect Pro or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- Modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
- Commercially exploit or make available the Services or the Materials therein to third parties including any action or attempt to “frame” or “mirror” Model Connect Pro.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
- Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to Model Connect Pro or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Service and certain international, foreign, and domestic laws.
- No Up-Front FeesIf you are an Producer, you further agree that you will not seek, request, solicit, demand, deduct, or accept any fee or any other thing of value from any user except:
- in conformity with a written agreement executed by each party, fully disclosing all terms and obligations between the parties which establishes a relationship that complies with any and all pertinent laws and regulations, including regulations pertaining to the registration and/or licensing of model(s) and/or booking agents;
- only after the delivery of a fully executed original copy of such agreement to each party; and
- no earlier than the actual payment for the services rendered by the user in an employment or engagement brought about through the application of your skill and effort on behalf of said user.
- Intent to Distribute RequirementIf you are a Producer, you further agree that you will not assist in, explore, or investigate into the hiring or engagement of any user for the production of adult content unless you have the intent to commercially distribute the content you produce. In particular, this includes production of adult content for personal use, private collection, or any non-commercially distributed usage. Any account found to be in violation will be immediately terminated without refund.
- No Prostitution or Sex TraffickingThe solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Model Connect Pro, in conducting your business, or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we will delete your account without refund.
- Parental Controls NoticeYou acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Model Connect Pro from being displayed or accessed by your children or wards.
- WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHYYYou understand that all depictions on Model Connect Pro are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials or the Content. If you seek to view or produce any form of child pornography (including so-called “virtual” child pornography), you must exit Model Connect Pro immediately. We do not provide nor promote underage content, and we do not tolerate those who are in any way involved with the production or possession of underage content. In order to further our zero- tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Model Connect Pro.
- Reporting Violative Materials or ActivitiesIf you are aware of any Materials on Model Connect Pro or any user engaging in activities that violate these Terms of Service, please contact us with as much detail as possible, including a copy of the objectionable Materials or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the activities, and a statement certifying the accuracy of the information you provided to us.
- Law EnforcementWe will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, and applicable law or regulation. If your activity results in Model Connect Pro receiving a subpoena, discovery request, production order, or court order that causes Model Connect Pro to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs, or legal fees upon our request.
5. Dispute Resolution and Damages
- Governing Law and VenueThese Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the parties that may be subject to these Terms of Service shall be brought exclusively in Orange County, Florida. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Service in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
- Class Action WaiverYou hereby waive any right or ability to initiate any class action or collective proceeding.
- Rights to Injunctive ReliefBoth parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
- Provisions with Stipulated Liquidated DamagesIn various provisions in these Terms of Service, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
- Additional FeesIf we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.
6. Disclaimers
- We Disclaim All WarrantiesWe provide access to Model Connect Pro and use of the Services “as is” and “with all faults.” We make no warranty that Model Connect Pro or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Model Connect Pro or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. Model Connect Pro makes no warranty regarding any goods or services purchased or obtained through Model Connect Pro or any transaction entered into through Model Connect Pro. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
- Changes and Updates to Model Connect ProModel Connect Pro may change any of the information found on Model Connect Pro at any time or remove any or all Materials thereon. Model Connect Pro makes no commitment to update the information or Materials on Model Connect Pro.
- Use at Your Own RiskWhile Model Connect Pro voluntarily observes industry best practices in its operations, you expressly agree that access to Model Connect Pro and use of the Services is at your own and sole risk. You understand that Model Connect Pro cannot and does not guarantee or warrant that Model Connect Pro or the Services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Model Connect Pro does not assume any responsibility or risk for your access to or use of the Internet, Model Connect Pro, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Model Connect Pro is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
- No Responsibility for User-Generated MaterialsWe expressly disclaim all liability for any user-generated content in the Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content in the Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We pre-screen and moderate all media uploads before publication, and, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Service, at any time, for any reason, with or without prior notice. Model Connect Pro encourages all users to conduct appropriate due diligence before interacting with other users, meeting users in person, or accepting employments opportunities.
- No Responsibility for Third PartiesWe do not warrant, endorse, guarantee, or assume responsibility for any service or employment opportunity advertised or offered by another person through Model Connect Pro or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- Third-Party LinksWe may link to websites or resources owned and operated by third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor endorse the goods or services provided on third-party links. You agree to hold Model Connect Pro harmless from any and all damages and liability that may result from use of third-party links that appear on Model Connect Pro and any content, advertising, services, goods, products, or other materials available on third- party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the terms of service of those third parties, not by these Terms of Service or our other policies. We reserve the right to terminate any link at any time.
- Offensive MaterialsModel Connect Pro contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing content they may deem offensive, and you agree to cease accessing Model Connect Pro and using the Services should you find them offensive.
- Violations of LawAccess to Model Connect Pro and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Model Connect Pro and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
7. Indemnification
You agree to defend, indemnify, and hold harmless Model Connect Pro, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Model Connect Pro, the Services, or the Materials, or any breach of these Terms of Service by you or another person under your authority. Model Connect Pro shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
8. Limitation of Liability
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, Model Connect Pro, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Model Connect Pro including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, revenge porn law violations, any financial loss not due to the fault of Model Connect Pro, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Model Connect Pro, unavailability of Model Connect Pro, its functions and/or Services and any other technical failure that may result in inaccessibility of Model Connect Pro, or any claim based on vicarious liability for torts committed by individuals met on or through Model Connect Pro and its Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Model Connect Pro, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage of any nature resulting from your access to and use of Model Connect Pro;
- Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
- Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
- Any interruption or cessation of transmission to or from Model Connect Pro;
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Model Connect Pro by any person;
- Any incompatibility between Model Connect Pro and your other services, hardware, or software;
- Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Model Connect Pro;
- Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through Model Connect Pro; and
- Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Model Connect Pro to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locationsAny claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Model Connect Pro to mark certain content private or block, restrict, or otherwise limit access to your Content in certain geographic locations..
9. Intellectual Property
- TrademarksModel Connect Pro is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Model Connect Pro may not be used publicly except with express written permission from Model Connect Pro, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Model Connect Pro.
- CopyrightsThe Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. Model Connect Pro, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Model Connect Pro, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.
- Notification of Copyright InfringementWe respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Model Connect Pro, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Model Connect Pro, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available upon request. You can find more information on submitting a notice of infringement in our DMCA Policy.
10. General Provisions
- Employment-Related PurposesYou understand and accept that Model Connect Pro provides a forum for Models and Producers only. Any user accessing Model Connect Pro or using the Services in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Terms of Service.
- Entire AgreementThese Terms of Service and any other legal notice or agreement published by us on Model Connect Pro, forms the entire agreement between you and us concerning your use of Model Connect Pro. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Model Connect Pro. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Policies of Our Service ProvidersYou understand and agree that we may use certain third-party service providers to offer Model Connect Pro to you. You understand and agree that you must agree to and abide by any Terms of Service, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
- Assignment and DelegationWe may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
- SeverabilityIf any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
- Cumulative RemediesAll rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Successors and AssignsThese Terms of Service inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.
- Force MajeureWe are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information Services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
- Notices
- Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Model Connect Pro, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us here.
- Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service.
- When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either Party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice hereunder.
- Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
- Communications are Not PrivateModel Connect Pro does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Model Connect Pro shall be deemed to be readily accessible to the general public. You will not use Model Connect Pro to transmit any communication for which you intend only you and the intended recipient to read. Notice is hereby given that all messages entered into Model Connect Pro may be read by the agents and operators of Model Connect Pro, regardless of whether they are the intended recipients of such messages.
- Authorization and Permission to Send Emails to YouYou authorize us to email you notices, advertisements, and other communications, including but not limited to emails, advertisements, and notices. You understand and agree that such communications may contain adult content, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
- ConsiderationWe allow you to access and use Model Connect Pro, the Services, and the Materials in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Model Connect Pro.
- Electronic SignaturesYou agree to be bound by any affirmation, assent, or agreement you transmit through Model Connect Pro. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- RevisionsFrom time to time, we may revise these Terms of Service. We reserve the right to do so, and you agree that we have this unilateral right. You agree that all modifications or changes to these Terms of Service are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this web page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date of the last revision to these Terms of Service. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service have been changed since the last time you read them. If the “Last Updated” date has changed, then you can be certain that something in these Terms of Service has been changed, and you agree that you will re-review these Terms of Service in their entirety and that you will agree to their terms or immediately cease use of any websites covered by these Terms of Service.
- Waiver of Right to Review Amended TermsIf you fail to re-review these Terms of Service as required to determine if any of the terms have changed, you assume all responsibility for such omission and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
- English LanguageWe have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.
- Export ControlYou understand and acknowledge that the software elements of the Materials on Model Connect Pro may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
- No Agency RelationshipNothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
- UsagesIn these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
- “Including” means “including, but not limited to.”
- No WaiverNo waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service.
- HeadingsAll headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.
- Other Jurisdictions/Foreign LawWe make no representation that Model Connect Pro, the Services, or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Model Connect Pro and the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that Model Connect Pro is subject to the laws of any nation besides the United States.
- Service Not Available in Some AreasYou are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access Model Connect Pro. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use Model Connect Pro while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Model Connect Pro cannot be held liable if laws applicable to you restrict or prohibit your participation. Model Connect Pro makes no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on Model Connect Pro, nor shall any person affiliated, or claiming affiliation, with Model Connect Pro have authority to make any such representations or warranties. We reserve the right to restrict access to Model Connect Pro in any jurisdiction.
