2KModels.com Terms of Use Agreement & Privacy Policy
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your
use of the 2KModels.com Services. By using the 2KModels.com Services, you agree to
be bound by this Agreement, whether you are a "Visitor" (which means that you simply
browse the 2KModels.com Website) or you are a "Member" (which means that you have
registered with 2KModel.com). The term "User" refers to a Visitor or a Member. You are
only authorized to use the 2KModels.com Services (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws and to this Agreement. Please
read this Agreement carefully and save it. If you do not agree with it, you should leave
the 2KModels.com Website and discontinue use of the 2KModels.com Services
immediately. If you wish to become a Member, communicate with other Members and
make use of the 2KModels.com Services, you must read this Agreement and indicate
your acceptance during the Registration process.
This Agreement includes 2KModel.com's policy for acceptable use of the 2KModels.com
Services and Content posted on the 2KModels.com Website, your rights, obligations and
restrictions regarding your use of the 2KModels.com Services and 2KModel.com's
Privacy Policy. In order to participate in certain 2KModels.com Services, you may be
notified that you are required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms and conditions
applicable to the 2KModels.com Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.
2KModel.com may modify this Agreement from time to time and such modification shall
be effective upon posting by 2KModel.com on the 2KModels.com Website. You agree to
be bound to any changes to this Agreement when you use the 2KModels.com Services
after any such modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on 2KModel.com and that you provide
to other Users. Your 2KModel.com profile may not include the following items:
telephone numbers, street addresses, last names, or obscene, lewd, excessively violent,
harassing or otherwise objectionable subject matter. Despite this prohibition, information
provided by other 2KModel.com Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive, products or services, and 2KModel.com assumes no
responsibility or liability for this material. If you become aware of misuse of the
2KModels.com Services by any person, please contact 2KModels.com or click on the
"Report Inappropriate Content" link at the bottom of any 2KModel.com page.
2KModel.com reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the 2KModels.com Services at any time, for any or no reason,
with or without prior notice, and without liability. 2KModels.com expressly reserves the
right to remove your profile and/or restrict, suspend, or terminate your access to any part
of 2KModels.com Services if 2KModels.com determines, in its sole discretion, that you
pose a threat to 2KModels.com and/or its Users.
1. Eligibility. Use of and Membership in the 2KModels.com Services is void where
prohibited. By using the 2KModels.com Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 18 years of age or older;
and (d) your use of the 2KModels.com Services does not violate any applicable
law or regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the
2KModels.com Services or are a Member. You may terminate your Membership at
any time, for any reason, by following the instructions on the Member's Account
Settings page. 2KModel.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
3. Fees. You acknowledge that 2KModel.com reserves the right to charge for the
2KModels.com Services and to change its fees from time to time in its discretion.
If 2KModel.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees.
4. Refund Policy. 2KModels users may have profiles either at a "basic" level (free)
or may sign up for a paid membership. 2KModels charges membership fees for
each paid membership account. Paid membership fees are renewed according to
the User's selected renewal options, unless deactivated by the subscribing User.
2KModels will automatically charge the membership fee to the User's designated
payment method and you authorize us to charge such payment method for the
appropriate membership fees and amounts stated. 2KModels reserves the right to
increase membership fees or to institute new fees at any time, upon reasonable
notice posted in advance on this Website. The act of paying fees does not exclude
the member from these terms or the site's rules, which must be obeyed by all
members. 2KModels does not provide refunds for any membership fees.
Downgrades to a less expensive membership or cancellation of any membership
will not result in any refund or credit of fees already paid. Membership fees are
charged up-front and no refunds or credits will be given upon cancellation or
downgrades. The downgrade of a membership will go into effect at the end of
your current billing cycle.
5. Password. When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username, or
password of another Member at any time or to disclose your password to any
third party. You agree to notify 2KModel.com immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
6. Non-commercial Use by Members. The 2KModels.com Services are for the
personal use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
2KModel.com. Illegal and/or unauthorized use of the 2KModels.com Services,
including collecting usernames and/or email addresses of Members by electronic
or other means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the 2KModels.com Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from Member profiles without notice and may result in termination of
Membership privileges. Appropriate legal action will be taken for any illegal or
unauthorized use of the 2KModels.com Services.
7. Proprietary Rights in Content on 2KModel.com.
1. 2KModel.com does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship, or any
other materials (collectively, "Content") that you post to the
2KModels.com Services. After posting your Content to the
2KModels.com Services, you continue to retain all ownership rights in
such Content, and you continue to have the right to use your Content in
any way you choose. By displaying or publishing ("posting") any Content
on or through the 2KModels.com Services, you hereby grant to
2KModel.com a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and through the
2KModels.com Services.
Without this license, 2KModel.com would be unable to provide the
2KModels.com Services. For example, without the right to modify
Member Content, 2KModel.com would not be able to digitally compress
music files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform Member
Content, 2KModel.com could not allow Users to listen to music posted by
Members. The license you grant to 2KModel.com is non-exclusive
(meaning you are free to license your Content to anyone else in addition to
2KModel.com), fully-paid and royalty-free (meaning that 2KModel.com is
not required to pay you for the use on the 2KModels.com Services of the
Content that you post), sublicensable (so that 2KModel.com is able to use
its affiliates and subcontractors such as Internet content delivery networks
to provide the 2KModels.com Services), and worldwide (because the
Internet and the 2KModels.com Services are global in reach). This license
will terminate at the time you remove your Content from the
2KModels.com Services. The license does not grant 2KModel.com the
right to sell your Content, nor does the license grant 2KModel.com the
right to distribute your Content outside of the 2KModels.com Services.
2. You represent and warrant that: (i) you own the Content posted by you on
or through the 2KModels.com Services or otherwise have the right to grant
the license set forth in this section, and (ii) the posting of your Content on
or through the 2KModels.com Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies
owing any person by reason of any Content posted by you to or through
the 2KModels.com Services.
3. The 2KModels.com Services contain Content of 2KModel.com
("2KModel.com Content"). 2KModel.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and
2KModel.com owns and retains all rights in the 2KModel.com Content
and the 2KModels.com Services. 2KModel.com hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display the
2KModel.com Content (excluding any software code) solely for your
personal use in connection with viewing the 2KModels.com Website and
using the 2KModels.com Services.
4. The 2KModels.com Services contain Content of Users and other
2KModel.com licensors. Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the 2KModels.com
Services.
8. Content Posted.
1. 2KModel.com may delete any Content that in the sole judgment of
2KModel.com violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
2KModel.com assumes no responsibility for monitoring the
2KModels.com Services for inappropriate Content or conduct. If at any
time 2KModel.com chooses, in its sole discretion, to monitor the
2KModels.com Services, 2KModel.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
2. You are solely responsible for the Content that you post on or through any
of the 2KModels.com Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
2KModel.com does not endorse and has no control over the Content.
Content is not necessarily reviewed by 2KModel.com prior to posting and
does not necessarily reflect the opinions or policies of 2KModel.com.
2KModel.com makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
3. PLEASE NOTE: If you produce visual depictions of human beings
engaged in sexually-explicit conduct, you may be subject to the name- and
age-verification, recordkeeping, and labeling requirements of 18 U.S.C.
§2257. You can find more information on 18 U.S.C. §2257 and
compliance here.
9. Content/Activity Prohibited. The following is a partial list of the kind of Content
that is illegal or prohibited to post on or through the 2KModels.com Services.
2KModel.com reserves the right to investigate and take appropriate legal action
against anyone who, in 2KModel.com's sole discretion, violates this provision,
including without limitation, removing the offending communication from the
2KModels.com Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the sole
discretion of 2KModel.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains violence, or offensive subject matter;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or
email addresses;
7. promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited
to making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
14. includes a photograph of another person that you have posted without that
person's consent; or
15. for band and filmmaker profiles, uses, unfair, misleading or deceptive
Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on
the 2KModels.com Website and through your use of the 2KModels.com Services.
2KModel.com reserves the right to investigate and take appropriate legal action
against anyone who, in 2KModel.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or
services through the 2KModels.com Services. You may not transmit any
chain letters or junk email to other Members. It is also a violation of these
rules to use any information obtained from the 2KModels.com Services in
order to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent. In order to protect our Members from such
advertising or solicitation, 2KModel.com reserves the right to restrict the
number of emails which a Member may send to other Members in any 24-
hour period to a number which 2KModel.com deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any kind through
the 2KModels.com Services, you acknowledge that you will have caused
substantial harm to 2KModel.com, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of
such harm, you agree to pay 2KModel.com $50 for each such unsolicited
email or other unsolicited communication you send through the
2KModels.com Services;
18. covering or obscuring the banner advertisements on your personal profile
page, or any 2KModel.com page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or
send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the
2KModels.com Services or the networks or services connected to the
2KModels.com Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your 2KModels.com Player and
embedding it into other profiles or asking other Members to embed it into
their profiles;
23. using the account, username, or password of another Member at any time
or disclosing your password to any third party or permitting any third
party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the 2KModels.com Services in order
to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing any
commercial activity on or through the 2KModels.com Services on behalf
of that person, such as placing commercial content on your profile, posting
blogs or bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending private
messages with a commercial purpose; or
27. using the 2KModels.com Services in a manner inconsistent with any and
all applicable laws and regulations.
10. Member Disputes. You are solely responsible for your interactions with other
2KModel.com Members. 2KModel.com reserves the right, but has no obligation,
to monitor disputes between you and other Members.
11. Privacy. Use of the 2KModels.com Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. 2KModel.com is not responsible for any incorrect or inaccurate
Content posted on the 2KModels.com Website or in connection with the
2KModels.com Services, whether caused by Users of the 2KModels.com Services
or by any of the equipment or programming associated with or utilized in the
2KModels.com Services. Profiles created and posted by Members on the
2KModels.com Website may contain links to other websites. 2KModel.com is not
responsible for the Content, accuracy or opinions expressed on such websites, and
such websites are in no way investigated, monitored or checked for accuracy or
completeness by 2KModel.com. Inclusion of any linked website on the
2KModels.com Services does not imply approval or endorsement of the linked
website by 2KModel.com. When you access these third-party sites, you do so at
your own risk. 2KModel.com takes no responsibility for third party
advertisements which are posted on this 2KModels.com Website or through the
2KModels.com Services, nor does it take any responsibility for the goods or
services provided by its advertisers. 2KModel.com is not responsible for the
conduct, whether online or offline, of any User of the 2KModels.com Services.
2KModel.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any User or
Member communication. 2KModel.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email or players
due to technical problems or traffic congestion on the Internet or on any of the
2KModels.com Services or combination thereof, including any injury or damage
to Users or to any person's computer related to or resulting from participation or
downloading materials in connection with the 2KModels.com Services. Under no
circumstances shall 2KModel.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the 2KModels.com
Services, attendance at a 2KModel.com event, from any Content posted on or
through the 2KModels.com Services, or from the conduct of any Users of the
2KModels.com Services, whether online or offline. The 2KModels.com Services
are provided "AS-IS" and as available and 2KModel.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. 2KModel.com
cannot guarantee and does not promise any specific results from use of the
2KModels.com Services.
13. Limitation on Liability. IN NO EVENT SHALL 2KModel.com BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF 2KModel.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, 2KModel.com'S LIABILITY TO YOU 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 TO 2KModel.com FOR THE 2KModels.com SERVICES DURING THE
TERM OF MEMBERSHIP.
14. Disputes. If there is any dispute about or involving the 2KModels.com Services,
you agree that the dispute shall be governed by the laws of the State of
Washington state, USA, without regard to conflict of law provisions and you
agree to exclusive personal jurisdiction and venue in the state and federal courts
of the United States located in the State of Washington state, City of Spokane.
Either 2KModel.com or you may demand that any dispute between
2KModel.com and you about or involving the 2KModels.com Services must be
settled by arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA) in Spokane, Washington state, USA, provided
that the foregoing shall not prevent 2KModel.com from seeking injunctive relief
in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold 2KModel.com, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the 2KModels.com
Services in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
above and/or if any Content that you post on the 2KModels.com Website or
through the 2KModels.com Services causes 2KModel.com to be liable to another.
16. Other. This Agreement is accepted upon your use of the 2KModels.com Website
or any of the 2KModels.com Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
2KModel.com regarding the use of the 2KModels.com Services. The failure of
2KModel.com to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual effect.
2KModel.com is a trademark of 2KModels.com, Inc. This Agreement operates to
the fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining
provisions.
Please contact us at: Contact 2KModels.com with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.