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:

  • 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.
     
  • You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce ANY and ALL content ordered through the site. 
     
  • 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.
     
  • 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