Conditions of Use
Welcome to www.net-model.com. This site is owned and operated by Net-Model, L.L.C., ("NetModel"). NetModel provides its services to you subject to the following conditions. By accessing and browsing this site, you accept, without limitation or qualification, these Conditions of Use. If you do not agree with any of the below Conditions of Use, do not use this site. Read these Conditions of Use carefully. In addition, when you use any current or future NetModel service you also will be subject to the guidelines and conditions applicable to such service or business. NetModel reserves the right, in its sole discretion, to modify, alter or otherwise update these Conditions of Use at any time and you agree to be bound by such modifications, alterations or updates.
1. DESCRIPTION OF SERVICES
NetModel currently provides users with access to a collection of photography, modeling portfolio and related resources. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to these Conditions of Use. Please be advised that NetModel has created certain areas on the service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas or be supervised by a parent or guardian if under the age of 18. For more information, see Section 5 below.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NetModel, or its content suppliers, or other parties that have created and uploaded content to NetModel and is protected by copyright laws. The compilation of all content on this site, unless otherwise indicated, is the exclusive property of NetModel and is protected by copyright laws. All software used on this site is the property of NetModel or its software suppliers and is protected by copyright laws.
NETMODEL, NET-MODEL.COM and other NetModel graphics, marks, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of NetModel (collectively the "NetModel Marks"). The NetModel Marks may not be used in connection with any product or service that is not NetModel's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NetModel. You must obtain the prior permission of NetModel in order to display or use in any manner, the NetModel Marks. All other trademarks not owned by NetModel that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NetModel.
4. LICENSE AND SITE ACCESS
NetModel grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of NetModel. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NetModel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NetModel without express written consent of NetModel. You may not use any meta tags or any other "hidden text" utilizing NetModel's name or trademarks without the express written consent of NetModel. Any unauthorized use terminates the permission or license granted by NetModel. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NetModel so long as the link does not portray NetModel or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NetModel logo or other proprietary graphic or trademark as part of the link without express written permission from NetModel.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NetModel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NetModel has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). NetModel is concerned about the safety of all its users, particularly children. When a minor signs up for an account with NetModel, a field for the acting legal guardian must be completed. Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content (as defined in Section 8 below) is appropriate for your child.
7. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify NetModel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NetModel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7. NetModel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NetModel, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. NetModel does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NetModel be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
You agree to not use the service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a NetModel official, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that NetModel does not pre-screen Content, but that NetModel and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the service. Without limiting the foregoing, NetModel and its designees shall have the right to remove any Content that violates these Conditions of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NetModel or submitted to NetModel, including without limitation information in NetModel message boards and in all other parts of the service.
You acknowledge and agree that if you do post Content or submit Content, and unless we indicate otherwise, you grant NetModel a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant NetModel and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NetModel or its affiliates for all claims resulting from Content you supply. NetModel has the right but not the obligation to monitor and edit or remove any activity or Content. NetModel takes no responsibility and assumes no liability for any Content posted by you or any third party.
Notwithstanding the foregoing paragraph, we do not claim any intellectual property rights over the Content you post or submit to the NetModel service. All intellectual property rights to the Content you post or submit to the NetModel service remains yours or remains with the rightful owner of such intellectual property rights.
You understand that the technical processing and transmission of the service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold NetModel, its affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of these Conditions of Use or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
NetModel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that NetModel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that NetModel, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any Content within the service, for any reason, including, without limitation, if NetModel believes that you have violated or acted inconsistently with the letter or spirit of theses Conditions of Use. NetModel may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these Conditions of Use may be effected without prior notice, and acknowledge and agree that NetModel may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that NetModel shall not be liable to you or any third-party for any termination of your access to the service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NetModel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
13. COPYRIGHT COMPLAINTS
NetModel respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Net-Model, L.L.C.:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a 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; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mail notice of claims of copyright infringement to the following address:
6608 N. Western Ave.
Oklahoma City, Oklahoma 73116
By email: firstname.lastname@example.org
14. OTHER BUSINESSES AND LINKS
Parties other than NetModel provide services, or advertise product lines on this site. In addition, we provide links to the sites of certain individuals and certain businesses. Images that may be accessed on this site are not stored on this site. All images on this site are linked to this site and are stored on a third party server. No images are stored on this site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites or images. NetModel does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. If applicable, you should carefully review their privacy statements and other conditions of use.
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NetModel has no control over such sites and resources, you acknowledge and agree that NetModel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NetModel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY NETMODEL ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETMODEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. NETMODEL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NETMODEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETMODEL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NETMODEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NETMODEL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETMODEL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETMODEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETMODEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. APPLICABLE LAW
By visiting NetModel, you agree that the laws of the state of Oklahoma, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NetModel.
Any dispute relating in any way to your visit to NetModel shall be submitted to confidential arbitration in Oklahoma City, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate NetModel's intellectual property rights, NetModel may seek injunctive or other appropriate relief in any state or federal court in the state of Oklahoma, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
20. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site from time to time. These policies also govern your visit to NetModel. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21. ENTIRE AGREEMENT
This Condition of Use constitutes the entire agreement between you and NetModel and governs your use of the service, superceding any prior agreements between you and NetModel.
22. NO WAIVER
The failure of NetModel to exercise or enforce any right or provision of this Condition of Use shall not constitute a waiver of such right or provision.
23. OUR ADDRESS
6608 N. Western Ave.
Oklahoma City, Oklahoma 73116