Terms of Use

Model Justice^TM provides a collection of online resources subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with this TOU as well as any general site Terms of Service and Privacy and Copyright Policies. In addition, when using particular Model Justice services, you agree to abide by any applicable posted guidelines for all Model Justice services, which may change from time to time. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Model Justice in any way, your only recourse is to immediately discontinue use of Model Justice.

DESCRIPTION OF SERVICE

ModelJustice.com provides a variety of free online services and may, in the future, provide a variety of paid online services including but not limited to user accounts, articles, bulletin boards and discussion groups accessible through various web addresses including but not limited to http://ModelJustice.com . These services are usable by all registered users and may be viewed by non-registered users, with the exception of the paying services that are limited to paying members only but may be viewed by non-registered users.

REGISTRATION OBLIGATIONS

In order to use ModelJustice.com's resources, you must obtain access to the world wide web, pay any service fees associated with such access, and supply all equipment necessary to make a connection with the World Wide Web. By using any of ModelJustice.com's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. ModelJustice.com has the right to suspend or terminate your account if you violate the above or ModelJustice.com has reason to believe that you have violated the above.

AGE REQUIREMENT

ModelJustice.com does not permit individuals under the age of 13 to become members. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org. Model Justice has neither the capability nor the responsibility to verify the age of every member and relies on the truthfulness of each member to honestly state their age. It is the responsibility of every member to perform their due diligence with respect to all aspects of any business arrangement made with another member. Model Justice cannot be held responsible for any misrepresentations on the part of any member or is Model Justice responsible for moderating disputes among members with respect to, but not limited to the issue of age.

MEMBER PRIVACY

It is ModelJustice.com's policy to respect the privacy of its members. ModelJustice.com will not monitor, edit, or disclose any personal information about you or your ModelJustice.com account, including its contents, without your prior permission unless ModelJustice.com has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of ModelJustice.com; 3) enforce the terms of service; or 4) act to protect the interest of its members or others. ModelJustice.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.

You agree that ModelJustice.com may access your account, including its contents, as stated above or to respond to service or technical issues. For further privacy information, see our Privacy Policy.

MEMBER CONDUCT

You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "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 ModelJustice.com, are entirely responsible for all content that you upload, post, or otherwise transmit via any of ModelJustice.com's services. ModelJustice.com does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by ModelJustice.com's members or visitors do not necessarily represent those of ModelJustice.com. ModelJustice.com allows the posting of mature content, including nudity and theatrical gore. No illegal content is allowed as non-exclusively outlined below, nor is any sexually-explicit content allowed which includes but is not limited to any acts of penetration. The judgment of ModelJustice.com is the sole determinant of acceptibility and such decisions are final.

ModelJustice.com reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, ModelJustice.com, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS.

You agree to notify ModelJustice.com immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on ModelJustice.com's site:

• Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software, music or video piracy;
• Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. ModelJustice.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
• The harming of minors in any way;
• The uploading, posting or transmission of 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, hardware or telecommunications equipment;
• Intentionally or unintentionally violating any applicable local, state, national or international law;
• Impersonating any person or entity, including but not limited to, a ModelJustice.com official, forum host, or misrepresentation of your affiliation with a person or entity;
• Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships.
• Uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;
• Having multiple ModelJustice.com portfolios with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio.
• The selling or placement of advertising on your ModelJustice.com home page or portfolio page to anyone or any commercial third party;
• Using the ModelJustice.com forums, email or any other means, except if explicitly authorized in writing by ModelJustice.com, to contact ModelJustice.com members for talent placement services, model scouting or booking or any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
• Taking any action which imposes an unreasonable or disproportionately large load on the ModelJustice.com Web Site's infrastructure;
• If you have a password allowing access to a non-public area of the ModelJustice.com Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
• Nnotwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ModelJustice.com Web Site other than the search engine and search agents available from ModelJustice.com on this Web Site and other than generally available third party web browsers (e.g., FireFox, Opera, Safari, Microsoft Explorer); or
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the ModelJustice.com Web Site.

ModelJustice.com does not claim ownership of the Content you place in your ModelJustice.com Account or in other sections of the ModelJustice.com Site. By submitting Content to ModelJustice.com for inclusion in your ModelJustice.com Account or in other sections of the ModelJustice.com Site including but not limited to the forum or contests you grant ModelJustice.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your ModelJustice.com Portfolio and/or the ModelJustice.com section your portfolio is listed in and/or your content in the section or feature to which it is uploaded. This license exists for as long as you continue to be a ModelJustice.com member and shall be terminated when you request from us that your content be removed and you have received confirmation from ModelJustice.com of the removal of your content. In the case of posts to the forum or any other section where content is removed after an expiration time, you agree that such automated expiration will be the method of its removal. After you remove your Content from the Model Justice Website or terminate your account we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of ModelJustice.com and its services will comply with this Terms of Service Agreement without violating the rights of others.

NO SPAM: DAMAGES

ModelJustice.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay ModelJustice.com liquidated damages of $5 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your ModelJustice.com account, or ModelJustice.com's actual damages, whichever is greater.

SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNIFICATION

You agree to indemnify and hold ModelJustice.com, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

STORAGE

Currently, each ModelJustice.com account allows particular individuals to store a predetermined amount of photos. ModelJustice.com reserves the right to amend or modify this provision in the future.

NO GUARANTEE OF SERVICE

ModelJustice.com provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically ModelJustice.com reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that ModelJustice.com should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

ADVERTISEMENTS AND PROMOTIONS

ModelJustice.com runs advertisements and promotions on ModelJustice.com sites. By creating your ModelJustice.com site, you agree that ModelJustice.com has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that ModelJustice.com should 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.

LINKS

Links to the World Wide Web and other resources may be available through ModelJustice.com's services. Because ModelJustice.com has no control over such sites and resources, you acknowledge and agree that ModelJustice.com is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that ModelJustice.com is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

DISCLAIMER OF WARRANTIES

a) THE MEMBER AGREES THAT THE USE OF THIS SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ModelJustice.com ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. ModelJustice.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER ModelJustice.com NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

(b) ModelJustice.com MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. ModelJustice.com IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

LIMITATION OF LIAIBILITY

UNDER NO CIRCUMSTANCES SHALL ModelJustice.com BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. ModelJustice.com DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY USER, INCLUDING ANY PROFESSIONAL MEMBER, OR OF ANY INFORMATION OR ADVICE PROVIDED ON ModelJustice.com, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY PROFESSIONAL MEMBERS OR ANOTHER THIRD PARTY. ModelJustice.com DOES NOT GUARANTEE THAT ANY USERS OR MEMBERS, INCLUDING PROFESSIONAL MEMBERS, WILL USE THE ModelJustice.com WEBSITE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. ModelJustice.com DOES NOT GUARANTEE THAT ANY MEMBER WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF MEMBERSHIP IN OR USE OF ModelJustice.com. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ModelJustice.com IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 19 OR THE TERMINATION OF YOUR USE OF ModelJustice.com. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF ModelJustice.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

TERM, TERMINATION AND CANCELLATION

The Term of your Membership begins on the date you register as a Member of ModelJustice.com (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the ModelJustice.com database) and will continue until you cancel your Membership as set forth below, unless it is otherwise canceled by ModelJustice.com pursuant to this Terms of Service Agreement.

You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with ModelJustice.com. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreemet or ModelJustice.com's enforcement or application of this Terms of Service Agreemet; (ii) any policy or practice of ModelJustice.com, including ModelJustice.com's Content Guidelines and the ModelJustice.com's Privacy Policy, or ModelJustice.com's enforcement or application of these policies; (iii) the content available on ModelJustice.com or the Internet or any change in content provided through ModelJustice.com; or (iv) your ability to access and/or use ModelJustice.com and its services.

NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

GENERAL INFORMATION

This TOS constitutes the entire agreement between you and ModelJustice.com, Inc. and governs your use of the service, superseding any prior agreements between you and ModelJustice.com (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and ModelJustice.com shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and ModelJustice.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of King, State of Washington.

The failure of ModelJustice.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.