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| 1. Notice/Acceptance of Terms |
This Terms of Service Agreement (the "Agreement") is a legally binding contract between you and Model Promotion Association, Inc. (MPA), a corporation incorporated under the laws of California. This Agreement governs your use of the Site (as defined below). Be sure that you carefully read and fully understand this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS POSTED AT THE TIME OF ANY FUTURE ACCESS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. |
You may print this Agreement. Please note that the information contained herein is subject to change to be made by MPA acting reasonably. In addition, to the extent that you use particular MPA services, you are subject to the applicable agreement ("Supplemental Agreements") and any posted guidelines or rules applicable to such service, which may be updated occasionally. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern. |
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site. |
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| 2. Eligibilty |
You must be eighteen or over to register as a member or to use this site. Membership in the service is void where prohibited by law. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority. |
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| 2.1
The Service |
The aim of the website is to facilitate Models in generating earnings, and to promote themselves in the industry. Models will be given the ability to create their own online store, were they will be able to sell merchandise like calendars, posters, mouse pads, screen savers etc. Models will be given the ability to have their own website, upload images of themselves and sell it to seeking customers. This will allow them the benefit of earning cash, while promoting their image. |
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Models can either become a registered member on the site where in they pay a monthly subscription fee and earn 100% of the profit they generate, or they can sign up for free; but only receive 20% profit from sales. Nonmembers will be given the ability to purchase various services offered by the website as well. Models who will like to create their own online store must enter into the Model Agreement. All Users are granted permission to browse the Web Site and purchase products from the Models’ stores, so long as they apply with this Terms of Service Agreement. |
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| 2.2 Fees/Termination |
MPA usage and/or subscription fees are outlined to you upon registration and may change from time to time upon electronic notice to you. All sales and service fees are final. MPA reserves the right to terminate your access to the site for any reason or no reason. MPA may terminate your membership 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 us. If MPA terminates your membership in the MPA service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. |
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| 2.3
Availability of Service |
System availability and access to the services available on this Site may be limited or unavailable for reasons, which may include, without limitation, system performance. MPA makes no representations, warranties or assurances as to the availability of the Site. |
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| 3. Privacy Policy |
Any of your personal information that MPA collects via this Site is subject to MPA's Privacy Policy. For more information, please review MPA's Privacy Policy. |
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| 4. License |
Except as expressly provided otherwise in an applicable Supplemental Agreement, MPA grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, and use the underlying HTML, text, images, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal or educational purposes. Such license includes the right, as a registered MPA user, to link to our Web site (www.modelpromotionassociation.com). You must not modify the images. In order to free up our servers, please do not link to the live images but use copies that you have saved yourself. The foregoing personal, non-commercial uses are not granted to organizations and are granted provided that: |
| you do not (and do not allow any third party to) modify, or create a derivative work of, any such content or images; and |
| you include with and display on each copy of such content or images the associated copyright notice. |
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| No other use is permitted. Without limiting the generality of the foregoing, you may not: |
| include such content or images in or with any product that you create or distribute; |
reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site; |
| establish a frame containing any portion of the Site, on any other Website or text document with hyperlink capabilities; or |
| copy such content or images onto any other Website; |
| and may not direct any other person to do any of the foregoing. |
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You agree not to access the Site by any means other than through the HTML interface that is provided by MPA for use in accessing the Site. |
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Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of MPA, its affiliates or any other person who owns the intellectual property in the content provided on this Site. |
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| 5. Intellectual Property |
| MPA either owns or has obtained permission from the owner to use all of the content on this Site. |
The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of MPA or its affiliates. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected in Canada and internationally and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of MPA is strictly prohibited. |
The trademarks for all products or services mentioned on this Site which are not those of MPA are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited. |
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal or common law, trademark and/or copyright laws and could subject such person to legal action. |
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| 6. Modifications to Site |
MPA reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that MPA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. |
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| 7. User Profile |
MPA supplies you with a user profile upon completing the Site registration process. You are responsible for maintaining the confidentiality of your password and profile, and are fully responsible for all activities that occur under your password or profile. You agree to immediately notify MPA of any unauthorized use of your password or profile, or any other breach of security of which you are aware, and to ensure that you properly close your browser at the end of each session. MPA assumes no liability for any loss or damage arising from your failure to comply with this section. |
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| 8. User Content |
MPA may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the Site (the "user content") in message boards, chat rooms, e-mail and other features of the Site ("User Input Rooms") that may be offered from time to time and may be operated by MPA or by a third party. You shall not (nor cause any third party to) use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities or any of the following types of activities, without limitation: |
| transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; |
transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity; |
| advertising or commercial content; |
| interfering with or disrupting the Site; |
| disrupting the activities or enjoyment of the Site for other users; or |
| collecting, or storing personal data about other users. |
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You agree to abide by all applicable local, state, provincial and federal laws and regulations and are solely responsible for all acts or omissions that occur under your profile or password, including without limitation any of the user content created by you. |
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You agree that MPA, acting reasonably, may terminate your password, profile (or any part thereof) or use of the Site, and remove any user content from a User Input Room offered by MPA, following prior notice to the user. You agree that MPA shall not be liable to you or any third party for any termination of your access to the Site or deletion of any user content on the Site. |
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You acknowledge and agree that MPA, subject to the requirements of the Privacy Policy, may preserve and disclose user content if required to do so by law, or if MPA believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that user content violates any third party's rights, or protect the right, property or personal safety of MPA, any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation user content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. |
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MPA assumes no responsibility or liability whatsoever for the user content, or for the use of any User Input Room offered by a third party. Without limitation to the foregoing, MPA shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Input Room. |
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MPA claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that MPA may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment MPA violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of MPA and/or its members. |
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The following is a partial list of the kind of content that is illegal or prohibited on the site. MPA will 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 or invades their privacy; 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); displays pornographic or sexually explicit material of any kind; 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; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. |
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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 or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the MPA service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks; 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. MPA’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: |
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It is the intention of MPA to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference. |
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| 9. User Communications |
Subject to any applicable law and the requirements of the Privacy Policy with respect to your personal information, any communications sent by you via this Site or otherwise to MPA (including without limitation user content) are on a non-confidential basis, and MPA is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. MPA shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications. You shall be responsible for the content and information contained in any communication sent by you to this Site or otherwise to MPA, including without limitation for its truthfulness and accuracy. |
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| 10. Transactions with Third Parties |
Your correspondence or business dealings with, or participation in promotions of advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not bonding upon nor constitute obligations of MPA. You agree that MPA shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify MPA and its affiliates from and against any Claims incurred as the result of any such dealings. |
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| 11. Third Party Links |
This Site may provide links or references to other sites. no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. MPA makes disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that MPA endorses the content of such sites. |
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| 12. Disclaimer of Warranties |
Except as expressly provided otherwise in an applicable Supplemental Agreement and except in cases of gross negligence by MPA, MPA disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. This Site may contain inaccuracies or typographical errors. MPA disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof. |
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, MPA WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE BUT ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. MPA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE. MPA DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. |
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YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. |
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| 13. Limitation of Liability |
Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall MPA, any of MPA affiliates or anyone else involved in creating, producing, delivering or managing the content of this Site (collectively the "Site providers"), be liable to you or any third party for any claims whatsoever, including without limitation direct, indirect, special, incidental, punitive or consequential damages (including without limitation any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site or any web browser, any communications sent to you via this Site or otherwise from MPA (including without limitation in the form of electronic mail or via telephone), or information available from this Site, including without limitation any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to or from the Site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the Site providers is advised of the possibility of such damages. Without limiting the foregoing, the Site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this Site. |
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| 14. Indemnification |
You agree to indemnify and hold harmless MPA and its affiliates from and against any Claims arising out of or relating to: (i) user content you submit, post to or transmit through the Site; (ii) your violation of this Agreement; or (iii) your violation of any rights of any other person in connection with the Site. |
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| 15. Other Agreements |
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| 15.1 Governing Law. |
This Site (excluding third party linked sites) is controlled by MPA from its offices within the State of California. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the State of California and the federal laws of the United States of America applicable therein. You also agree and hereby agree that any and all disputes arising out of these Terms of Service and/or your relationship with MPA shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The party to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in ____________ County, California and shall be governed by California law without regard to its conflict of law provisions. MPA makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. |
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| 15.2 Entire Agreement. |
This Agreement, along with any Supplemental Agreement, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of MPA, which are not included in this Agreement, shall be binding on MPA or its affiliates. |
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| 15.3 Amendments. |
No variation or modification of this Agreement or any waiver of any of its provisions or conditions shall be valid unless in writing and signed by an authorized representative of each party. |
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| 15.4 Waiver. |
No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and MPA. MPA's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right. |
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| 15.5 Severability. |
If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. |
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| 15.6 Miscellaneous. |
This Agreement shall ensure to the benefit of MPA and its affiliates. Any and all references in this Agreement to MPA and its affiliates, including without limitation pursuant to Sections 15 and 16 shall, where the context so permits, include MPA parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. MPA may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time. |
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Questions |
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| Should you have questions concerning this Agreement, you may contact Model Promotion Association Inc. |
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| Copyright © 2006 Model Promotion Association Inc. All rights reserved. |
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| The MODEL PROMOTION ASSOCIATION™ logo is a trademark owned by Model Promotion Association Inc. |
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Copyrights 2006. All rights reserved. |
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