Modelette.com can update these Terms at any time and without giving you any notice, so please check for updates from time to time as using the site after any updates will be construed as your acceptance of them.
If you are legally permitted to use this website and its services, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access Modelette.com in compliance with the TOS; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from Modelette.com. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from job postings you submit to this website.
The website and everything it contains is intended for our members and customers. You cannot use any of the content for purposes other than what it was intended for or for any illegal activities. You must keep your account information, including your password, confidential. You will not transmit through the site any illegal, harassing, threatening, or other objectionable material. You may not use the site in any way that may interfere with its usual operation. If we believe that you have violated these terms, we may suspend or terminate your access to the site without notice
You agree we have the right to accept or refuse to provide a service at our own discretion. In cases were service is refused, we do not need to provide a valid reason, and we will refund any payments made for the provision said service. You agree that you engage a service at your sole discretion and responsibility. We are not liable for any issues that may arise.
We do not want to collect or solicit personal information from children without their parents' consent. If you are under eighteen (18) years of age, you are not permitted to use this site without parental permission. Purchases are restricted to those over eighteen (18) years of age.
Nothing contained in this website confers any license or right to any party under any of Modelette.com's intellectual property rights. All trademarks on the website belong to Modelette.com and may not be used, copied, or imitated, in whole or in part, without our written consent. All scripts, page headers, button icons, and custom graphics are trade dress, service marks, and/or trademarks of Modelette.com and may not be used, copied, or imitated, in whole or in part, without our written consent. Other logos, trademarks, registered trademarks, company names, service marks, or product names on the website are the property of their owners. All content provided on this website, including, but not limited to graphics, design, configurations, text, technical drawings, software, other files, and their arrangement and selection ("Content") is owned by Modelette.com and protected under copyright law. Modelette.com and our affiliates retain all proprietary rights to the Content, which is intended for your non-commercial, personal use and may not be sold, modified, transmitted, copied, posted, distributed, displayed, framed, downloaded, or republished by any means or in any form, in whole or in part, without our written consent. You may not use it for any unauthorized purpose. You may not systematically harvest, extract, or collect, through any means, any of this website's data or data fields, including, but not limited to, customers' identities.
All materials are the sole responsibility of the person from whom it originates. You are responsible for all material you make available through Modelette.com's services. Since we cannot control this Content, we cannot guarantee its quality, accuracy, or integrity and disclaim all liability in connection with it. By accessing the Site, you accept that you may be exposed to objectionable, offensive, or indecent Content, as we are not obligated to delete, pre-screen, monitor, review, delete, or otherwise change Content. We may do so at any time, however, without notice. We are not liable for any Content, including, but not limited to, any damage or loss of any kind incurred as a result of the use of any Content transmitted, posted, e-mailed, or otherwise made available through our services or any omissions or errors in any Content. By posting Content, you give us a non-exclusive, worldwide, royalty-free license to use, distribute, adapt, reproduce, and modify it for the purpose that it was made available. We do not grant you any rights to the logos, trademarks, trade names, and service marks and all the interactive features, text, computer code, software, design, scripts, visual interface, graphics, photographs, sounds, and other content licensed to or owned by Modelette.com, except as unambiguously provided herein.
You must become a member at Modelette.com and fill out an application to participate in our services. Completing an application is no guarantee of its acceptance by us and acceptance does not mean that you are guaranteed a match. You are responsible for all activities, authorized and unauthorized, that occur under your e-mail. You must notify us of any breach of security or unauthorized use of your e-mail that you discover.
You may not use our services for any purpose prohibited in these Terms. If you do not comply with any of these Terms or for any other reason, we may immediately terminate your access to our services.
You will not:
Copy, access, or monitor any information and Content from our services using any scraper, robot, spider, or other automated means or many process for any reason without our written permission;
take any action that may, in our discretion, impose a disproportionate or unreasonable burden on our infrastructure; or
"Mirror", "frame", or otherwise include any part of our services into any other website without our permission.
Any of the following actions taken without our explicit approval is forbidden:
Selling access to our services on another website;
Sale of advertising on the Site;
Use of our services that we find, at our sole discretion, to use Member Content or resources in a way that displaces or competes with the market for our services or Content.
Use obscene, strong, vulgar, or harmful language;
Use ethnically- or racially-objectionable language;
Invade anyone's privacy;
Share anyone's information that you acquired through the services without his or her permission;
Act in a way that is harmful to minors;
Transmit, post, or provide spam or junk mail;
Hack materials associated with our services, transmit any material containing malicious code, or reverse engineer any materials associated with our services.
We will disclose information about the identity of anyone posting these sorts of materials when requested by court order or law enforcement authorities. We are not obligated to enforce these Terms.
"AS IS" PROVISION OF MATERIALS AND WEBSITE
Neither the materials nor the website come with express or implied representation, condition(s), or warranty. We do not represent or warrant that the materials or this website will meet your needs or that your use of them will be error free or uninterrupted. They are provided "as information" and "as is". You may only access them through our services for your personal use, information, and non-commercial use.
At our sole discretion, for any reason, immediately and without notice, we may block your IP address or otherwise terminate your access to our services. If your account is terminated, we are not liable to you or any third party. You are not to use our services once your account has been terminated.
Your sole and exclusive remedy, should you have any claim or dispute with or against is in respect to our services or these Terms, or if you are dissatisfied with our services, is to stop using them.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to Modelette.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and Modelette.com is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your Modelette.com use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("MODELETTE.COM ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) MODELETTE.COM ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOS or your Modelette.com use is governed by the laws of Ontario, Canada ("Ontario") regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by court in Ottawa, Ontario (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Modelette.com Entities; (6) (except government agencies) to indemnify Modelette.com Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your Modelette.com use; (7) you are liable for TOS breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, and $1000 per software distribution, capped at $25,000 per day.
By using our website, you hold Modelette.com, our moderators, owner, employees, subsidiaries, partners, affiliates, vendors, directors, agents, and officers harmless and indemnify us against all liability or claims asserted against us in connection with or arising out of any breach of the Terms or of any third-party right by you or anyone acting on your behalf.