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Private Photo Shoot Service
Agreement
This is a legal agreement ("Agreement") between you and
Rockstar Partners, LLC (the
"Owner"), which will apply to you in respect of any and all
services offered by or acquired from the Private Model Shoot web
site (the "Site") located at www.privatemodelshoot.com (the
"Service"). Upon successful registration, you become a member of
the Service (a "Member"), and you agree to be bound by all of
the terms and conditions of this agreement (the "Terms") for as
long as you remain a Member, in addition to other terms and
conditions posted on the Site from time to time. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME
A MEMBER OF THE SERVICE.
THE SERVICE IS TO BE USED AT YOUR OWN RISK!!!
The Owner or You may terminate this agreement at any time, for
any reason whatsoever, effective upon sending written notice to
the other party. If you send a notice of termination, your
membership shall concurrently terminate, without an obligation
to make a payment, rebate or refund on the part of the Owner.
The Owner does however reserve the right to suspend or terminate
your membership at any time, without notice, if you breach this
Agreement or any other terms and conditions posted on the Site
from time to time.
The Owner assumes no responsibility whatsoever for your use of
the Service. It is for your sole, personal use and you may not
distribute your user name and password allowing others to use
the service through your membership. Use of the service is
strictly prohibited to minors or any person under the age of 18,
regardless of whether you have parental consent.
As a member, you agree that:
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You will only use the Service
in a manner that is accepted and legal according to all
applicable laws and regulations.
You affirm that you are more
than 18 years of age or older (21 years of age in certain
jurisdictions), and in any event, that you are familiar with
the laws affecting your legal right to access erotica or
adult-oriented materials; that you are viewing the Content
for your own private enjoyment; and, that you will not, by
action or inaction, directly or indirectly, share such
materials with or make such materials available to a minor
in any manner whatsoever.
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You will not in any way copy,
modify, publish, transmit, display, sell, distribute or
reproduce ANY and ALL content ordered through the site.
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Your use of the service is
strictly at your own risk and you are solely responsible for
the directions and/or scripts that you create. The Owner and
its officers, directors, employees, agents, affiliates and
third parties assume no responsibility whatsoever for the
directions and/or scripts that you create.
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In order to protect our
Independent Contractor Models you will not include any
contact information or identifying content of yourself or
another person in the directions and/or scripts that you
create. In the event that such unauthorized information has
been included you authorize and agree that the Site may
remove it.
You will defend, indemnify, and
hold harmless the Owner as the provider of the Site
infrastructure, their officers, directors, employees, agents,
affiliates and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorney's fees on a
solicitor and his own client basis) relating to or arising out
of your use of the Site or Service, including any breach by you
of the Terms of this Agreement and our Acceptable Usage terms
and conditions posted on the Site from time to time.
IN NO EVENT WILL ROCKSTAR PARTNERS, LLC,
ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS,
THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES
FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE
INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR
INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE
SERVICE, EVEN IF THE OWNER OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU
BY THE OWNER 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 FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL THE OWNER BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE.
THE OWNER DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF
ACTION, FOR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTOR
MODELS PROVIDING THE SERVICE.
You are responsible for
maintaining the confidentiality of your member name and
password. You agree that you have provided you are responsible
for all uses of its account, whether or not authorized by you.
You agree to immediately notify Private Model Shoot of any
unauthorized use of your account.
This
Agreement shall be governed by and construed in accordance with
the laws of the State of California, without regard to conflicts
of law provisions thereof. The parties agree to arbitrate
any controversy, claim or dispute between them arising out of or
in any way related to this Agreement. The arbitration will be
conducted at a Venue of the Owner's choice and in accordance
with the American Arbitration Association's ("AAA") then current
rules for resolution of commercial disputes. The
arbitrator(s) shall have the power to enter any award that could
be entered by a judge of the trial court of the State of the
venue of Arbitration, and only such power, and shall follow the
law.
If
you have questions or concerns regarding this Terms of Use or
any support questions, you should contact info@privatemodelshoot.com
© Rockstar Partners, LLC. 2008
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