Read these ‘Terms of Service’ (hereinafter referred to as “TOS”) in its entirety as this is a legal agreement (hereinafter referred to as “Agreement") between Models eStore (hereinafter may be referred to as "WE", "US", “OUR”, “Models eStore”) and YOU (hereinafter referred to as “YOU”, “YOUR”).
Models using Models eStore are subject to all the terms, conditions, limitations and waivers included herein. YOU acknowledge and agree that by using Models eStore, YOU shall be bound by all terms and conditions in this TOS Agreement.
By accessing Models eStore YOU are accepting content listed on Models eStore under terms and conditions herein. If you do not accept the terms of this agreement, you may not use Models eStore.
Models eStore may modify this TOS Agreement at any time without notice to you.
By accessing Models eStore YOU agree that:
YOU are over the age of eighteen (18) years;
YOU have the right to close YOUR Models eStore by sending a request to close YOUR Models eStore from YOUR TICKETS;
YOU understand Models eStore does not offer any refunds;
YOU are not an employee, agent or contractor of Models eStore and YOU agree not to represent YOUR self as such;
YOU are capable of forming legally binding contracts under applicable law;
YOU are not located or YOU do not reside in a country in which the use or participation in services offered by Models eStore is prohibited by law, decree, regulation, treaty or administrative action;
YOU are not prohibited from entering into trade relations with the United States of America or its citizens due to the country you reside in or where YOU are located;
YOU will not create or add content that would pertain to child pornography, be obscene, offensive, tasteless, defamatory or hateful as these are strictly prohibited on Models eStore because they violate the laws of the United States and many other countries;
YOU will adhere to all applicable laws and regulations governing YOUR actions in connection with Models eStore and YOU are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to meeting requirements of 18 U.S.C. 2257 and related regulations;
YOU are solely responsible for all equipment necessary to access and use Models eStore;
YOU are solely responsible for reporting and payment of all taxes associated with money YOU receive from YOUR Models eStore;
YOU understand YOUR use of Models eStore or if YOU provide ecommerce services to sell YOUR products to potential customers, you do so at your own risk;
YOU understand that Models eStore is not responsible for any sales processed on YOUR Models eStore;
YOU are solely responsible for all use made of Models eStore;
YOU accept full responsibility and liability for YOUR use of ecommerce services using your login information to Models eStore;
YOU accept full responsibility in the decision of which merchant account YOU select and utilize;
YOU accept all risks and liabilities associated with YOUR Models eStore as well as all items YOU list for sale or exchange, or items YOU sell or exchange on YOUR Models eStore;
YOU will exercise common sense, extreme caution, discretion and judgment in using the Models eStore;
YOUR use of Models eStore is not exclusive;
YOU understand and agree that YOU have no right, title or interest to any of the programming of the Models eStore you are using and that Models eStore may change YOUR assigned URL, at any time in its sole and absolute discretion;
YOU will have no right, title or interest to any listing name in connection with Models eStore;
YOU hereby grant to Models eStore, its distribution partners, affiliates and similar third party website/media providers of Models eStore's choice, the right to use, copy, distribute, display or reference in any media form YOUR listing information, including without limitation, YOUR Models eStore name, tags, descriptions, photos, Models eStore buttons and assigned URL's;
YOU agree that Models eStore is not responsible for any loss that YOU may incur as a result of any unauthorized person(s) using YOUR account;
YOU agree that Models eStore may use information provided by YOU in ways WE deem fit or necessary;
YOU will not use Models eStore for any purpose that is unlawful, fraudulent or contrary to this Agreement and YOU will cooperate fully with Models eStore to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Models eStore representatives access to any password-protected portions of YOUR account;
YOU will not use Models eStore to promote bonus items, giveaways, random drawings, prizes, contests or games of chance;
YOU will not attempt to gain unauthorized access to any account information, computer systems or networks associated with Models eStore;
YOU will not attempt to obtain any information or materials relating to Models eStore through any means not intentionally made available through Models eStore;
YOU will not "frame," "mirror" or otherwise copy any portion of Models eStore without first receiving the express written authorization from Models eStore;
YOU will not use Models eStore to solicit customers or to promote any product or services other than the items YOU post on YOUR Models eStore;
YOU will not solicit for employees, consultants, contractors or for participation on other websites from YOUR Models eStore.
If YOU have a dispute with a customer or suffer any harm arising out of or connected with any ecommerce services, YOU hereby waive all claims against Models eStore and YOU release Models eStore and its subsidiaries, employees, officers, directors, subcontractors, shareholders, suppliers, joint venturers and agents from any and all liability for claims, demands, damages actual and consequential, costs and expenses including litigation costs and attorney's' fees of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any ecommerce services or with regard to such disputes.
Models eStore shall retain all ownership in your Models eStore including all URLs and any content created or derived from Models eStore.
Models eStore's liability for YOUR access to and use of Models eStore is limited and YOU are responsible for YOUR use of Models eStore.
Models eStore does not edit information on YOUR Models eStore.
Models eStore is not responsible or liable for items YOU list on YOUR Models eStore.
Models eStore does not monitor nor are we responsible for transactions on YOUR Models eStore.
Models eStore does not monitor customer feedback nor do WE police YOUR Models eStore.
Models eStore may suspend or terminate YOUR use of Models eStore at any time without notice to you.
Models eStore makes no representations of identity, qualifications or the number of customers who may visit YOUR Models eStore.
Models eStore is not responsible or liable for actions customers take against YOU.
Models eStore disclaims any warranties or representations regarding Models eStore and ecommerce services YOU utilize.
Models eStore's liability for YOUR access to and use of Models eStore is limited and YOU are responsible for YOUR use of Models eStore.
Models eStore prohibits the unauthorized use of copyrighted materials and trademarks although YOU remain fully liable for anything YOU add to YOUR Models eStore.
Models eStore is not responsible if YOU decide to exchange personal information with customers although we highly recommend against YOU exchanging YOUR personal information with any customer however, if YOU do, YOU do so at YOUR own risk.
Models eStore shall own all right, title and interest in Models eStore, including but not limited to, all methods, processes, programming, formats, designs, URLs, buttons, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by Models eStore, either expressly or by implication.
Models eStore disclaims any warranties or representations regarding Models eStore Models eStore or ecommerce services you use.
Models eStore may at any time suspend or terminate your account or access to same and may refuse to provide access to Models eStore without reason or notice to you.
Models eStore may notify your bank and/or authorities or take any actions it deems appropriate against you and without notice to you, if we suspect that you have failed to comply with any provision of this Agreement or any policies established by Models eStore or if Models eStore is unable to verify or authenticate any billing or payment information you provide to Models eStore or if Models eStore suspects that YOUR actions may be illegal or cause liability, harm or disruption for YOU or Models eStore.
Models eStore reserves the right in its sole discretion to modify or discontinue Models eStore or modify the terms and conditions of YOUR use of Models eStore without notice. If any change is not acceptable to YOU, YOUR only recourse is to close YOUR eStore with Models eStore.
Models eStore prohibits the unauthorized use of copyrighted materials and trademarks.
Models eStore may provide links to other websites and those links are provided for reference only. Models eStore neither controls other websites and does not endorse any material on such websites or any association with their operators.
MODELS ESTORE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. MODELS ESTORE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MODELS ESTORE AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH MODELS ESTORE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MODELS ESTORE MAKES NO REPRESENTATION OR WARRANTY THAT OPERATION OF MODELS ESTORE WILL BE ERROR FREE. SOME STATES DO NOT ALLOW THE EXCLUSION OF WARRANTY SO, EXCLUSIONS LISTED MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES WILL MODELS ESTORE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF MODELS ESTORE, WHETHER OR NOT MODELS ESTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODELS ESTORE AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS USD ($100USD). MODELS ESTORE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF WARRANTY SO, EXCLUSIONS LISTED MAY NOT APPLY TO YOU.
YOU FURTHER AGREE TO HOLD MODELS ESTORE AND ITS EMPLOYEES OR SUBCONTRACTORS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS, DEFEND AND INDEMNIFY FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF MODELS ESTORE OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES ACTUAL AND CONSEQUENTIAL, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, MODELS ESTORE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR OTHER ACTION.
YOU SHALL NOT USE MODELS ESTORE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Any notice or other communication to be given will be via email to the email address that YOU provide. The date of receipt shall be deemed the date on which such notice is transmitted.
YOU shall not assign YOUR agreement with Models eStore or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Models eStore. Any such purported assignment or delegation by YOU without the appropriate prior written consent of Models eStore will be null and void and of no force or effect, unless otherwise expressly consented to by Models eStore at its sole and absolute discretion. Models eStore may assign this Agreement or any rights hereunder without YOUR consent.
Notwithstanding any provision hereof, for all purposes of this Agreement YOU shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of Models eStore and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the state of Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Models eStore, YOU or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If YOU ever believe that a customer has violated the law or is defrauding, threatening or endangering YOU or another person, Models eStore urges YOU to immediately to contact the police directly for help.
Models eStore Last Modified April 28, 2017