AGREEMENT BETWEEN USER AND AbelleModels.com

The AbelleModels.com is comprised of various Web pages operated by AbelleModels.com.

The AbelleModels.com is offered to you conditional on your acceptance without modification of the Terms of Use contained herein. Your use of the AbelleModels.com constitutes your agreement to these Terms of Use.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement for disclosures relating to the collection and use of your information.

MODIFICATION OF THESE TERMS OF USE

AbelleModels.com reserves the right to change these Terms of Use, under which their AbelleModels.com is offered, including but not limited to the charges associated with the use of the AbelleModels.com. You are responsible for regularly reviewing these terms. Your continued use of the AbelleModels.com constitutes your agreement to all such changes to these Terms of Use.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the AbelleModels.com is for your personal and non-commercial use.

LINKS TO THIRD PARTY SITES

The AbelleModels.com may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of AbelleModels.com and AbelleModels.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AbelleModels.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is AbelleModels.com responsible if the Linked Site is not working appropriately. AbelleModels.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AbelleModels.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AbelleModels.com, you will not use the AbelleModels.com for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the AbelleModels.com in any manner which could damage, disable, overburden, or impair the AbelleModels.com or interfere with any other party's use and enjoyment of the AbelleModels.com. You may not attempt to gain unauthorized access to the AbelleModels.com, other accounts, computer systems or networks connected to the AbelleModels.com, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AbelleModels.com.

USE OF COMMUNICATION SERVICES

The AbelleModels.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the AbelleModels.com or other user or usage information or any portion thereof.

AbelleModels.com has no obligation to monitor the Communication Services. However, AbelleModels.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AbelleModels.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

AbelleModels.com reserves the right at all times to disclose any information as AbelleModels.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AbelleModels.com's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AbelleModels.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, AbelleModels.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AbelleModels.com spokespersons, and their views do not necessarily reflect those of AbelleModels.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AbelleModels.com

AbelleModels.com does not claim ownership of the materials you provide to AbelleModels.com (including feedback and suggestions and articles) or post, upload, input or submit to the AbelleModels.com for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AbelleModels.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. AbelleModels.com is under no obligation to post or use any Submission you may provide and AbelleModels.com may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

By posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), and/or (b) to the general public (for each such Picture available anywhere on the AbelleModels.com, other than a private community), permission to use your Picture in connection with the use, as permitted by these Terms of Use, of the AbelleModels.com, (including, by way of example, and not as a limitation, making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the AbelleModels.com, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AbelleModels.com MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE AbelleModels.com AND TO THE INFORMATION THEREIN. AbelleModels.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AbelleModels.com AT ANY TIME. ADVICE RECEIVED VIA THE AbelleModels.com SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

AbelleModels.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE AbelleModels.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AbelleModels.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT AbelleModels.com SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE AbelleModels.com. YOU SPECIFICALLY AGREE THAT AbelleModels.com IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AbelleModels.com IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE AbelleModels.com BY ANY THIRD PARTY.

IN NO EVENT SHALL AbelleModels.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AbelleModels.com, WITH THE DELAY OR INABILITY TO USE THE AbelleModels.com OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AbelleModels.com, OR OTHERWISE ARISING OUT OF THE USE OF THE AbelleModels.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AbelleModels.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AbelleModels.com, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AbelleModels.com.

GENERAL TERMS REGARDING USE AND STORAGE

You agree that AbelleModels.com may establish limits concerning use of any service offered on the AbelleModels.com, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on AbelleModels.com's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that AbelleModels.com has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that AbelleModels.com reserves the right to delete accounts that are inactive for an extended period of time.

AbelleModels.com MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: admin@abellemodels.com

TERMINATION/ACCESS RESTRICTION

AbelleModels.com reserves the right, in its sole discretion, to terminate your access to any or all AbelleModels.com and the related services or any portion thereof at any time, without notice.

UNSUBSCRIBE FROM THE NEWSLETTER

Click here if you would like to unsubscribe to our newsletter: info@abellemodels.com?subject=unsubscribe and send us blank e-mail.

GENERAL

This agreement is governed by the laws of the U.S.A. and laws of the European Union. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AbelleModels.com as a result of this agreement or use of the AbelleModels.com. You agree to indemnify and hold AbelleModels.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the AbelleModels.com. AbelleModels.com reserves the right to disclose any personal information about you or your use of the AbelleModels.com, including its contents, without your prior permission if AbelleModels.com has a good faith belief that such action is necessary to:

  • conform to legal requirements or comply with legal process
  • protect and defend the rights or property of AbelleModels.com or its affiliated companies
  • enforce the terms or use or
  • act to protect the interests of its members or others.

AbelleModels.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AbelleModels.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AbelleModels.com or information provided to or gathered by AbelleModels.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AbelleModels.com with respect to the AbelleModels.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AbelleModels.com with respect to the AbelleModels.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the AbelleModels.com Web Site are: Copyright © AbelleModels.com and/or its suppliers. All rights reserved.

The names of AbelleModels.com companies and products mentioned in the AbelleModels.com may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Revised April 2007

 
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