Thank you for using our online platform and services (hereby “Services”). The Services are provided and operated by 9320-2133 Quebec Inc. (“Modelizer”).
By using our Services, you (hereby referred to as the “Subscriber") are agreeing to these terms. Please read them carefully.
The online platform of modelizer.com is a social networking service that allows members to create unique personal profiles online in order to communicate and exchange content. The modelizer.com website (including all materials and user submissions available through the website, collectively the “Website”) provides a platform for viewing various types of content provided and created by the Models, as well as interacting with them.
Members of the Website are divided into two categories: the Models, who provide content and are carefully selected by Modelizer; and the Subscribers, who are owners of a valid subscription to the Modelizer Magazine and therefore have access to the Website and its private content. The Website allows only the Members to access the private areas of the site, which means that Subscribers and Models are the only ones who get access to the content shared on the platform. All Members are responsible for keeping the privacy of their username and password, and Modelizer reserves the right to terminate the account of anyone under any reason, or no reason at all, at any time and with or without notice.
Subscribers have the opportunity to interact with the Models on the Website. They can purchase the Modelizer currency, commonly called "Diamonds" (hereinafter referred to as "Diamonds"), and use their Diamonds to access exclusive content, and engage in one-on-one relationships with the Models. Subscribers are free to use their Diamonds to chat with the Models, send them gifts, and gain access to images, information and content.
A. These Terms of Service are a legal contract between Modelizer and you, (hereinafter the "Subscriber") viewing and using this Website.
B. By accessing, visiting, entering, using, viewing, printing, installing, reading, or downloading any material from the Modelizer Website, the Subscriber affirms that he has read this Agreement and understands, agrees and consents to these Terms of Service. The Subscriber must abide by the Terms at all times and the Terms also govern the membership to the Website. If the Subscriber does not agree to be bound by these Terms of Service, the Subscriber may not create an account on modelizer.com nor access the Website at all.
C. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). The Subscriber manifests his agreement to these Terms or Service by any act demonstrating his assent thereto, including clicking on a button with a formulation similar to "I agree to these Terms of Service". The Subscriber may submit a paper copy of this transaction and print this form for her personal records.
D. By agreeing to these Terms of Service, Modelizer grants the Subscriber a personal, non-exclusive, non-transferable, limited and revocable license to view the Website and all materials subject to the terms of this Agreement. The Subscriber may access, transfer or use the Website on personal computers, tablets, phones, (when available) and use these devices to transmit or post information on the Website.
E. Any use of this Website for illegal activity will result in immediate termination of membership and referral to the appropriate law enforcement officials.
The Subscriber must be eighteen (18) years of age (or 21 years old where 18 is not the age of maturity) to use this Website. Membership is void where prohibited. By using and/or viewing the Website, the Subscriber warrants that he has the right, capacity and authority to enter this Agreement and to abide by the Terms and Service, that he has the age of maturity and that he is interested in and wishes to have access to adult-oriented content. Some content that is made available through the Website should not be accessed by anyone under the age of 18 (or 21 where 18 is not the age of maturity) or who is offended by such content or does not wish to be exposed to such content.
By accessing the Website, the Subscriber represents and warrants under penalty of perjury the following statements:
A. The Subscriber is an adult, at least 18 years of age (or 21 where 18 is not the age of majority).
B. The Subscriber will not allow any person(s) under the age or 18 (or 21 where 18 is not the age of majority) to access any of the content contained on the Website.
C. The Subscriber understands that when he accesses the Website, he may be invited to view, hear or read adult oriented content, including but not limited to images depicting nudity, verbal descriptions of sexual activities and erotic content. The Subscriber willingly decides to access said content for his personal enjoyment, information and/or education. The Subscriber further represents and warrants that he is aware of the standards of his community regarding acceptance of such adult-oriented content and the content that he intends to encounter is within those standards. The Subscriber will not access or view the Website if doing so would be considered offensive or unlawful in his state, province or country.
The Subscriber will be invited to access content that has been produced and shared by Models. Modelizer claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content submitted by the Models. All content displayed on the Website is protected by First Amendment Right to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other constitutions.
Modelizer reserves the right to delete any content that in its sole judgment violates the Terms of Service, or which may be offensive, illegal, or that might violate the rights, harm or threaten the safety of Modelizer or its Members. Modelizer is not responsible for any failure or delay in removing such content, nor is it responsible for breach of agreement with a Model resulting from the deletion of such content.
The Website may display images from, or link to, other websites or applications. These websites may contain information or materials that some people may find inappropriate or offensive. These other websites are not under Modelizer's control, and the Subscriber acknowledges that Modelizer is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content displayed on such websites. The inclusion of such a link does not imply endorsement of the website or application by Modelizer or any association with its operators.
The Subscriber is solely responsible for the content that he shares and transmits to other Members on the Website.
The Subscriber agrees that he will not post, distribute, transmit or facilitate distribution of content that:
a) is illegal, unlawful, threatening, abusive, racist, inflammatory, harassing, hateful, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Modelizer's rules or policies;
b) infringes on any patent, trademark, copyright, right of publicity, or other prorietary right of any party;
c) constitutes unauthorized or unsolicited advertising, chain letters, any form or unauthorized solicitation, or any form of lottery or gambling;
d) contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
e) contains information, images or media of any person who is not an adult;
f) impersonates any person or entity, such as Modelizer personnel, or a Model, or falsely state or otherwise misrepresent his affiliation with any person or entity;
g) that is otherwise prohibited by the rules and policies of the Website or Modelizer.
Furthermore, the Subscriber may not use the Website for any other purpose than those expressly permitted by these Terms of Service, including any commercial purpose, without Modelizer's express prior written consent. Without Modelizer's express prior written authorization, you may not:
a) harvest or collect information about the Members of the Website;
b) use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
c) knowingly solicit or collect personal information from a minor;
d) monitor, copy or duplicate the Website;
e) use the Website or its content to create derivative work, public display, public performance, sale or rental, or otherwise re-distribute the Website or any content contained therein;
f) remove any copyright or other proprietary notices from the Website or any content contained therein;
g) circumvent any encryption or other security tools used anywhere on the Website;
h) use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of modelizer.com;
i) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; or
j) act in bad faith against the Website or Modelizer.
The Subscriber may not divulge his login information to anyone, under any circumstances. Therefore, he will be held responsible for any action on his account, even if they are performed by a third party. This means if the Subscriber is using a shared computer, he should at all times logout from his account and never store his personal info on said device. Moreover, if the Subscriber has violated any of these Terms, he will be held accountable for all content submitted through his account. This responsibility supersedes account termination, which means that even if a claim arises after the Subscriber's service is terminated, he will be subject to claims and penalties.
Modelizer shall decide at its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the Terms of Service. If the Subscriber receives a warning, he must stop any violating activity.
All sales and transactions are final. Modelizer does not guarantee the availability of a refund, whether in Website account credits (hereafter, "Diamonds"), or money, for any reason. Modelizer may provide refunds at is own sole discretion; however, it is under no obligation to do so under any circumstances.
Diamonds have absolutely no cash value and are for entertainment purposes only. When purchasing Diamonds, the Subscriber agrees to the current posted fees for each Diamond used on the Website. The Subscriber also expressly acknowledges and agrees that the fees may change at any time, but will not be retroactively charged. Unused Diamonds are not eligible for any full or partial refunds. Modelizer reserves the right to change the amount of Diamonds in your account at any time and for any reason, including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, technical errors, account inactivity, penalties or fines.
The actual fee for accessing the Website is being the owner of a current subscription to the Modelizer magazine. This means that if the Subscriber decides not to renew his subscription to the magazine, he will lose access to his account (and lose access to any Diamonds he may have in his account at that moment). The Subscriber can always reinstate his account by purchasing a new subscription. However, if a Subscriber's account has been inactive for 180 days (six months) or more, any unused Diamonds will be the sole property of Modelizer. Being inactive means that the Subscriber did not login to his account during that period. Modelizer may change the fees, or introduce new fees at any time.
Any purchase you make at this Website must be paid for using a payment method of which you are the owner or authorized signer. However, you are liable and responsible for all purchases made on your account with Modelizer, whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase.
Any communication regarding a refund or transaction reversal must be made to Modelizer support at modelizer.com">firstname.lastname@example.org. Inquiring about, requesting or receiving any transaction reversal, refund or charge-back from the payment processor, credit card, bank or any other entity other than Modelizer is strictly prohibited and will constitute fraud and an intentional breach of this agreement, for which Modelizer will pursue full legal remedies.
Modelizer does not guarantee that the Subscriber will be able to access and use any or all parts of the Website, and he agrees that Modelizer shall have no liability to him whatsoever for any such inaccessibility.
Specifically, the availability of chat conversation archives and all content and information displayed on the Website is not guaranteed at any time and Modelizer shall have no liability to the Subscriber whatsoever for any such inaccessibility, nor shall the Subscriber seek a refund or any other transaction reversal due to such inaccessibility.
Moreover, the Subscriber expressly agrees that all requests for content to Models will be in strict compliance with the remaining provisions in this Agreement, to include without limitation the copyright infringement provisions and the provisions regarding illegal content. Therefore, if content is removed from the Website for breaching this Agreement, the Subscriber will never regain access to said content nor will he be issued a refund.
The Subscriber acknowledges and agrees that all content available on the Website are protected by copyrights, trademarks, service marks, patens, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement.
The Modelizer Website, its Services and content are owned by Modelizer Inc. The Subscriber will not use the Modelizer marks in any manner without Modelizer's previous written consent. Moreover, the Subscriber agrees not to record, sell, resell, copy, exploit for any commercial purposes, license, rent, modify, distribute, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any portions of all content displayed on the Website. Systematic retrieval of data or other content of the Website to create or compile a collection, compilation, database or directory without written consent from Modelizer is prohibited. In addition, use of the content for any purpose not expressly permitted in these Terms of Service is prohibited.
Specifically, all content, video, audio, photo and text appearing on the modelizer.com Website may not be recorded, saved or disseminated in any way.
Modelizer is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Modelizer Services, whether caused by users, or by any of the equipment or programming associated with or utilized in the Services, nor for the conduct of any Member, online or offline. The Website makes no warranty regarding any content or communication through the Website.
Modelizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alteration of Member communications. Modelizer is not responsible for any problems or technical malfunction of any network, online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading content in connection with the Website and/or in connection with the Modelizer Services. Modelizer does not guarantee that the Website or any content contained therein will be uninterrupted, timely, secure or error-free, nor does the Website make any representations or warranties as to the quality, suitability, truthfulness, usefulness, accuracy or completeness of the content. The Subscriber must use caution and common sense when using the Website. Modelizer makes no guarantee that the content shared by the Model will not be inaccurate or deceptive.
Under no circumstances will Modelizer be responsible for any loss or damage resulting from anyone's use of the Website or the Services and/or any content posted on the Website or transmitted to the Members. The Website and the Services are provided "as is", "as available" and "at your own risks" and Modelizer expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Modelizer does not guarantee nor promise any specific results from use of the Website and/or its Services.
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Modelizer be liable to the Subscriber or any third party for any indirect, consequential, exemplary, indicidental, special or punitive damages, including also lost profits arising from the Subscriber's use of the Website or Modelizer Services, even if Modelizer has been advised of the possibility of such damages. The Subscriber further agrees to hold Modelizer harmless for claims arising from the use of modelizer.com. Notwithstanding anything to the contrary contained herein, Modelizer's liability to the Subscriber 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 the Subscriber to Modelizer for the Services for a period of no morer than one month from the accrual of the applicable cause or causes of action.
The Subscriber will be personally liable and indemnify and hold Modelizer harmless from and against any and all claims, expenses, and demands, including attorney's fees, made by any third party due to, arising out of, or asserted in connection with the Subscriber's use or misuse of the Website, including claims relating to submitted or requested content, posts and text transmitted through the Website, and the Subscriber's connection to and use of the Website. Modelizer reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by the Subscriber. The Subscriber agrees to cooperate with Modelizer in asserting any available defenses.
Modelizer makes no representation or warranty that the content on the Website is appropriate or available for use or viewing in any particular location, and accessing them from territories where the content is deemed illegal is prohibited. Those who choose to access the Website from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If the Subscriber uses the Website in a jurisdiction that prohibits or restricts such use, the use will be subject to, without limitation, any other provision of the Terms of Service, and Modelizer shall not have any liability with respect to such use.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Quebec, excluding its conflicts of law rules. The Subscriber expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or the Subscriber's use of the Website shall lie only in the courts of the Province of Quebec, and further agrees to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between the Subscriber (you) and Modelizer with respect to the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Subscriber and Modelizer regarding the Website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement shall be effective as of the effective date (date of first login onto modelizer.com) and have an initial term of one year. Unless terminated, this Agreement shall be automatically extended for additional one year term upon expiration of the previous term if payment for the annual subscription to the Modelizer Magazine has been paid.
The Subscriber and Modelizer each reserve the right to terminate this Agreement at any time, for any reason, with or without cause. This Agreement may be terminated by an e-mail from the Subscriber to Modelizer, or by an e-mail from Modelizer to the Subscriber, or by deactivation of the Subscriber’s account or username on the Website. All rights granted by the Subscriber during the term of this Agreement shall survive the termination of this Agreement by either party. Modelizer reserves the right, in its sole discretion, to terminate the Subscriber's access to all or part of the Website, with or without notice, for any reason, including without limitation, if Modelizer believes that the Subscriber has violated or acted inconsistently with the letter of spirit of these Terms of Service. The Subscriber acknowledges that Modelizer shall not be liable to him or any third arty for any termination of access to the Website.
Upon termination, the Subscriber will not be entitled to any refund of any unused subscription fees or Diamonds. Even after this Agreement is terminated, all provisions will remain in effect.
As a Subscriber, you agree to be bound by these Terms of Service. If you refuse, you may exit the Website immediately. Modelizer reserves the right to modify these Terms of Service at any time and in any manner. It is the Subscriber's responsibility to check periodically for any modifications. If the Subscriber considers these changes unacceptable, he must terminate his membership immediately. The continued use of the Website after any such changes constitutes full acknowledgment and acceptance of the changes.
If the Subscriber decides to use the Website and breaches the Terms of Service or breaks the Rules, he will be subject to immediate termination of his account and he could be faced with legal action and penalties. In case of doubt, you can contact our legal team at modelizer.com">email@example.com with any questions you may have.
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