Model Revolt provides a social network for the global modeling industry and their fans. We provide a platform for talent and fans to post their images and interact, as well as possibly work with other talent and find work through modelrevolt.com, or any other URL provided by Model Revolt (collectively, the “Website”), and/or any other digital media platform accessed its users (the “Platform” and together with the Website, the “Model Revolt Service”). The Model Revolt Service is owned and operated by MR Media LLC, a Texas Limited Liability Company (“Model Revolt”, “we” or “us”).
Your use of the Model Revolt Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE MODEL REVOLT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE MODEL REVOLT SERVICE. USE OF THE MODEL REVOLT SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
The Model Revolt Service is meant for those at least eighteen (18) years of age. Use of the Model Revolt Service by anyone under the age of 18 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the Model Revolt Service.
3. Intellectual Property. You acknowledge that all materials on the Model Revolt Service, including the Website design, Platform design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Model Revolt and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Model Revolt authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Model Revolt or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Model Revolt Service are the sole property of Model Revolt and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Model Revolt and/or its licensors. Model Revolt reserves the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, your use of the Model Revolt Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Model Revolt Service are either the property of Model Revolt, its affiliates or licensors. Model Revolt retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Model Revolt to you are fully reserved by Model Revolt, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Model Revolt Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Model Revolt, the Model Revolt Service, our products and services, the Website and/or the Platform.
4. Mobile Participants. You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Model Revolt Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Model Revolt Service. We do not represent, warrant or guarantee that all portions of the Model Revolt Service, or the Model Revolt Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
5. Third-Party Sites. Links provided via the Model Revolt Service to third-party websites and services are provided only as a convenience. If you use these links, you may leave the Model Revolt Service. Model Revolt does not control nor endorse any such third-party websites. You agree that the Model Revolt Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third-party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Model Revolt Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Model Revolt Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Model Revolt expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website.
6. Use of the Model Revolt Service. You may be required to establish an account in order to use the Model Revolt Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Model Revolt Service; (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Model Revolt has reasonable grounds to suspect that such information is false, inaccurate or outdated, Model Revolt has the right to suspend or terminate your account; and (c) choose a unique username that does not include profanity or racially insensitive language (We reserve the right to disapprove of any username for any reason).
All Users must provide an avatar photo and a cover photo for their account. NO NUDITY IS ALLOWED FOR EITHER OF THESE TWO PHOTOS.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Model Revolt Service, including charges resulting from unauthorized use of your account.
You agree to use the Model Revolt Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Model Revolt Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Model Revolt Service in any manner that interferes with its normal operation or with any other user’s use of the Model Revolt Service.
You may not do any of the following while accessing or using the Model Revolt Service: (i) access, tamper with, or use non-public areas of the Model Revolt Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Model Revolt Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Model Revolt Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Model Revolt Service, or otherwise creating an undue burden on the Model Revolt Service.
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Model Revolt Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Model Revolt Service.
You further agree that you will not access the Model Revolt Service by any means except through the interface provided by Model Revolt for access to the Model Revolt Service. Creating or maintaining any link from another application to any page at the Model Revolt Service without the prior authorization of Model Revolt is prohibited. Running or displaying the Model Revolt Service, or any information or material displayed via the Model Revolt Service in frames or through similar means on another website or application without the prior authorization of Model Revolt is prohibited. Any permitted links to the Model Revolt Service must comply with all applicable laws, rule and regulations.
Model Revolt makes no representation that Materials contained, described or offered via the Model Revolt Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Model Revolt Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Model Revolt Service from any territory where its contents are illegal, and that you, and not the Model Revolt Parties, are responsible for compliance with applicable law.
7. Users. Model Revolt does not endorse and is not responsible or liable for any content, user content, data, advertising, products, goods or services available or unavailable from, or through, any users. You agree that should you use or rely on such content, user content, data, advertisement, products, goods or services, available or unavailable from, or through any user, Model Revolt is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any user, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such user exclusively and do not involve Model Revolt. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or otherwise interacting with Users.
You agree that Model Revolt is not responsible for the accessibility or unavailability of any user or for your interactions and dealings with them, waive the right to bring or assert any claim against Model Revolt relating to any interactions or dealings with any user, and release Model Revolt from any and all liability for or relating to any interactions or dealings with Users.
You assume all risk when using the Model Revolt Service, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions when meeting individuals through the Model Revolt Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH USERS. YOU UNDERSTAND THAT MODEL REVOLT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS. MODEL REVOLT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH YOU. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Model Revolt is not responsible for the conduct of any User. In no event shall Model Revolt, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Model Revolt Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with users or persons you meet through the Model Revolt Service. You agree to take all necessary precautions in all interactions with users, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to a user.
8. Fees and Refunds. We reserve the right at any time to charge fees for access to portions of the Model Revolt Service or the Model Revolt Service as a whole. However, in no event will you be charged for access to the Model Revolt Service unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Model Revolt Service that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Website and in other appropriate locations on the Model Revolt Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Model Revolt Service by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. Users must use only payment methods that they are fully authorized and have permission to use. You shall pay all applicable taxes relating to use of the Model Revolt Service through your account. No refunds will be allowed once a user has paid for the Model Revolt Service unless the Model Revolt Service was paid for in advance, in which case a pro rata refund will be given upon cancellation.
9. Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use the Model Revolt Service, send us messages, or whether we post notices on the Model Revolt Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
10. Content. All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Model Revolt Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Model Revolt Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Model Revolt Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.
All mature content must be marked accordingly and in compliance with 18 U.S. Code 2257 (http://www.justice.gov/criminal/ceos/subjectareas/2257certifications.html) and must comply will all applicable state laws regarding adult content. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any Content submitted by you to Model Revolt.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Model Revolt Service.
11. Participation. You agree to not intentionally jeopardize the health and safety of others or yourself. You agree to not post anyone’s sensitive personal information that relates to that person’s real world or online identity. You agree not to encourage harm against people. You agree not to post any child pornography or sexually suggestive content involving minors. As you use Model Revolt, please remember that your participation may have consequences and could lead to criminal and civil liability.
You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering Model Revolt with this sort of content reduces the quality of the Model Revolt experience for others.
You may not purposefully negate any user's actions to delete or edit their content on Model Revolt. This is intended to respect the privacy of Model Revolt users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
In connection with your use of the Model Revolt Service, you represent and warrant that you:
(a) are eighteen (18) years old or older;
(b) will abide by the letter and spirit of the terms and conditions of these Terms of Service and all applicable local, state, national or international laws;
(c) will not submit any comments or messages that may be considered by Model Revolt to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Model Revolt, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(e) will not submit comments or messages that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(f) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(g) will not post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(h) will not take any action that would undermine the comment or message process under the Service;
(i) will not attempt to gain unauthorized access to the Model Revolt Service, other user accounts, or other computer systems or networks connected to the Model Revolt Service;
(j) will not use the Model Revolt Service in any manner that infringes, misappropriates or violates any third-party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third-party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(k) will not use the Model Revolt Service in any way that could interfere with the rights of Model Revolt or the rights of other users of the Model Revolt Service;
(l) have sufficient rights in and to all content that you provide, transmit or otherwise convey to Model Revolt in connection with the Model Revolt Service;
(m) agree not to re-sell or assign your rights or obligations under these Terms of Service;
(n) will not reproduce, duplicate, copy, sell, re-sell or exploit any content; and
(q) will mark all mature content accordingly in compliance with 18 U.S. Code 2257 (http://www.justice.gov/criminal/ceos/subjectareas/2257certifications.html) and will comply with all applicable state and federal laws regarding adult content.
The comments and messages that you provide do not reflect the views of Model Revolt, its officers, managers, owners, employees, agents, designees or other users. In addition, Model Revolt retains the right, in its sole discretion, to determine whether or not your use of the Model Revolt Service is consistent with the terms and conditions of these Terms of Service. Model Revolt may suspend, restrict or terminate your use of the Model Revolt Service and to refuse any future use of all or portions of the Model Revolt Service if your use breaches or fails to comply with any of the terms and conditions of these Terms of Service. Additionally, Model Revolt may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of these Terms of Service; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of these Terms of Service.
12. Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Model Revolt Service, including as applicable, in the social, community, and public discussion areas, profiles, discovery and following stream, photo and video galleries, bulletin boards, messaging area, forums, chats, blogs, casting(s), personal/talent search and other classified ads, and elsewhere. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Model Revolt Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to content that is opinionated, offensive, and/or inappropriate.
13. Sensitive Information Disclaimer. While you may freely discuss topics of interest to you, and the Model Revolt Service may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Model Revolt Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of content obtained on or through the Model Revolt Service before making any decisions based on such content.
14. Comments on the Service are Not Necessarily Endorsed by Us. We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Model Revolt Service, including without limitation in our social, community, and public discussion areas, profiles, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/casting(s) search and other classified ads, contests/sweepstakes, or elsewhere. Any content posted, uploaded, transmitted, sent or otherwise made available on or through the Model Revolt Service, including advice and opinions, are the views and responsibility of those who post the content and do not necessarily represent our views or the views of our licensors, vendors, and/or Users. You agree that we and our licensors, vendors, and/or users are not responsible, and shall have no liability to you, with respect to any content posted, uploaded, transmitted, sent or otherwise made available on the Model Revolt Service.
15. Representations. You expressly represent, warrant, and/or acknowledge that:
a. Model Revolt does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the Model Revolt Service.
b. Model Revolt does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products or services found through the Model Revolt Service.
c. Model Revolt makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the Model Revolt Service may be owned or licensed by third-parties.
d. Model Revolt is not a party to any transaction between you and any provider of products or services via the Model Revolt Service. Any dispute shall be resolved between yourself and the provider of such products or services.
e. Any information, including any data, Materials, or Content on the Model Revolt Service, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
f. You assume all risk when using the Model Revolt Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.
16. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MODEL REVOLT SERVICE IS AT YOUR SOLE RISK. THE MODEL REVOLT SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, MODEL REVOLT, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “MODEL REVOLT PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MODEL REVOLT PARTIES MAKE NO WARRANTY THAT: (I) THE MODEL REVOLT SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE MODEL REVOLT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE MODEL REVOLT SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE MODEL REVOLT SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE MODEL REVOLT SERVICE WILL BE CORRECTED.
THE MODEL REVOLT PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE MODEL REVOLT SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OR VIA THE MODEL REVOLT SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE MODEL REVOLT SERVICE OR BETWEEN A USER OF THE MODEL REVOLT SERVICE AND A THIRD-PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE MODEL REVOLT SERVICE OR ANY THIRD-PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE MODEL REVOLT PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MODEL REVOLT AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE MODEL REVOLT SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE MODEL REVOLT PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO MODEL REVOLT VIA THE MODEL REVOLT SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY MODEL REVOLT TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
17. Indemnification. You agree to indemnify, defend and hold harmless the Model Revolt Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Model Revolt Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Model Revolt Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Model Revolt Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
18. Applicable Law and Jurisdiction. Your use of the Model Revolt Service is governed by and will be enforced under the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Dallas County, Texas. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Model Revolt Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Model Revolt. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Model Revolt may seek any interim or preliminary relief from a court of competent jurisdiction in Texas necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE MODEL REVOLT SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
19. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Model Revolt Service.
d. Your address, telephone number, and email address.
e. 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.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed to email@example.com or mailed to our Copyright Agent at the following address:
Nhut Tan Tran – MR Media LLC
1400 Sullivan Dr.
Dallas, TX 75215
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
20. U.S. Export Controls. The Model Revolt Service may be subject to United States export controls. No part of the Model Revolt Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Model Revolt Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Miscellaneous. These Terms of Service constitute the entire agreement between Model Revolt and each user of the Model Revolt Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Model Revolt Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
No action arising out of these Terms of Service or your use of the Model Revolt Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
22. Customer Service. If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at firstname.lastname@example.org.