Terms of Use

Terms of Use

Welcome to MotivatedModels.com. This Site is provided by Motivated Models, LLC as a service to our customers. Please review the following basic rules that govern your use of Motivated Models site. Please note that your use of the Motivated Models site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Motivated Models reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason we recommend that you review theses Terms of Use whenever you use this site.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Motivated Models to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Motivated Models rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts located in the County of Monroe, New York and the Central District Court of New York, respectively.

Privacy

You acknowledge that any personal information that you provide through this Site will be used by Motivated Models in accordance with Motivated Models Privacy Policy.

Termination of Service

You agree that Motivated Models, in its sole discretion, has the right, but not the obligation, to delete or deactivate your account, block your IP address, or otherwise terminate your access to or use of Motivated Models, or any part thereof, immediately and without notice, and remove and delete any User content on MotivatedModels.com, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use. Further, you agree that Motivated Models will not be liable to you or any third-party for any termination of your access to MotivatedModels.com Further, you agree not to attempt to use MotivatedModels.com after your account has been terminated.

You agree that if you are dissatisfied with MotivatedModels.com, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or MotivatedModels.com, your sole and exclusive remedy is to discontinue using MotivatedModels.com.

Content on the Site

You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. We do not control the Content posted through MotivatedModels.com and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content.

Responsibility for Your Content (User Content)

You are solely responsible for the Content you submit or make available for inclusion through MotivatedModels.com (“User Content”) and the consequences of posting or publishing it. In connection with User Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize MotivatedModels.com to use all trademark, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner intended by MotivatedModels.com and the Terms of Use; you agree that you will not submit User Content that violates these Terms of Use.

Because Motivated Models does not permit infringement of intellectual property rights through MotivatedModels.com, we will remove all User Content if properly notified that such Site Content or User Content infringes on another’s intellectual property rights and at our sole discretion. Motivated Models does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.

MotivatedModels.com has a stated policy regarding the posting of sexually explicit images to its web pages. Failure to adhere to this restriction will result in the removal of the images, and the disablement of that users account.

User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to MotivatedModels.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant MotivatedModels.com a royalty-free, irrevocable, transferable right and license to use the Comments however Motivated Models desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

MotivatedModels.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MotivatedModels.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third-party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

MotivatedModels.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Motivated Models the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Motivated Models and its affiliates for all claims resulting from any Comments you submit. Motivated Models and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third-party.

Links

Motivated Models may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that Motivated Models is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

Disclaimer

THIS SITE IS PROVIDED BY Motivated Models ON AN “AS IS” AND “AS AVAILABLE” BASIS. Motivated Models MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR MODELS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Motivated Models DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Motivated Models DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MODEL PROFILES DISPLAYED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR -- USE OF THE Motivated Models WEBSITE, THAT YOUR -- USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF -- USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Motivated Models OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE -- USE OF OR INABILITY TO -- USE THE Motivated Models WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Motivated Models HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Motivated Models BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR -- USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

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