Last modified on Dec 12, 2010
This Agreement describes the terms between you and Brokendollmodels. This agreement may be revised by Brokendollmodels and it is your responsibility to review this agreement prior to accessing services provided by Brokendollmodels.
1. THE SERVICE Brokendollmodels is an internet community website which provides members with a modeling portfolio, modeling opportunities, networking, e-mail and administrative functions to facilitate and promote modeling, fashion photography, make-up artistry and other related careers and services,.
2. MEMBER PRIVACY Brokendollmodels will not disclose any personal information about you or your account, including its contents, without your prior permission unless Brokendollmodels believes that such action is necessary or if it is required to do so to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Brokendollmodels; (3) enforce this agreement; or (4) act to protect the interests of other members or third parties.
3. CONTENT Brokendollmodels is NOT a porn site. Pornographic images are not allowed. Brokendollmodels reserves the right to delete from the site any images displaying nudity or deemed inappropriate in our sole discretion. Furthermore, solicitating members for acting in adult or pornography projects is not allowed and may result in the termination of membership.
4. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content available on Brokendollmodels may not be sold, leased, or distributed in any manner without the consent of Brokendollmodels. This content includes, but is not limited to, photographs, videos, text, graphics or other information provided by Brokendollmodels or other members of Brokendollmodels.
5. SUSPENSION OF SERVICE Brokendollmodels may suspend service, cancel memberships, or otherwise deny access to member services in its sole discretion.
6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY Services provided by Brokendollmodels are provided to users on an "as is" basis without warranty of any kind, either expressed or implied, including but not limited to the implied fitness for a particular purpose.
7. MEMBER CONDUCT You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name or password, including, without limitation, the content of your transmissions through the Service.
8. ENDORSEMENTS All product and service marks that appear on the Brokendollmodels web site that are not Brokendollmodels marks are the trademarks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.
9. GOVERNING LAW The laws of the State of California govern this Agreement and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that jurisdiction. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
10. INVALIDITY If a provision of this Agreement or a right or remedy under it is invalid or unenforceable in a particular jurisdiction, it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
11. TERMINATION Brokendollmodels may at its discretion terminate this Agreement if the member's account is inactive for a period of 3 months since the date on which the Customer last used the Service or you have breached any term of this greement or an unauthorized person is, or may be using, your account.
12. YOUR RIGHT TO CANCEL You may cancel this contract, without any penalty or obligation, at any time. To cancel, please visit http://www.brokendollmodels.com/cancel.php.
13. PHOTO RELEASE You hearby assign and grant to Brokendollmodels the right and permission to use and/or publish photographs, which you submit or upload to Brokendollmodels, for advertising purposes, promotion or display, in all forms of media. You hereby release and discharge Brokendollmodels, it's owners, and employees, and any persons acting on behalf of Brokendollmodels from any liability stemming from the publishing of said photos, including, but not limited to, copyright infringement or piracy. You further discharge Brokendollmodels from any and all liability for damages caused by any blurring, distortion, alteration, optical illusion, or use in composite form of said picture which may occur during the taking, processing, or production of said picture or the finished product. You understand that Brokendollmodels shall have the right to terminate your portfolio for any reason whatsoever. You hereby certify that you are over eighteen years of age, or, in the alternative, that your parent or guardian hereby gives their express consent to your entering into this release.
Explanation for this photo release.
14. Member Disputes. You are solely responsible for your interactions with other Brokendollmodels users, third party developers, photographers, models, agents, or any other parties with whom you interact through the Brokendollmodels Services and/or Linked Services. Brokendollmodels reserves the right, but has no obligation, to become involved in any way with these disputes.
15. Limitation on Liability. IN NO EVENT SHALL BROKENDOLLMODELS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BROKENDOLLMODELS SERVICES OR LINKED SERVICES, EVEN IF BROKENDOLLMODELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BROKENDOLLMODELS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BROKENDOLLMODELS FOR THE BROKENDOLLMODELS SERVICES DURING THE TERM OF MEMBERSHIP.
16. THIRD PARTY CONTENT, SITES, AND SERVICES
The Brokendollmodels site and Content available through the Brokendollmodels may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Brokendollmodels, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through Brokendollmodels, 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 should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Brokendollmodels shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Brokendollmodels is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Brokendollmodels, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you 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. ENTIRE AGREEMENT This Agreement is the entire agreement between you and Brokendollmodels. An understanding, arrangement, representation or provision not expressly set out in it is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede it are suspended by it and merged in it.