| Terms
and Conditions and Cancellation Policy
Please
read these Terms & Conditions carefully
1.
By entering Love Americas, Model Americas, Face to Face (the
"Site" or “the company”) you, the user,
agree to be bound by these Terms and Conditions. By purchasing
a membership to the Site and using its services you become
a Full Member of Love Americas and agree to be bound by these
Terms and Conditions. In these Terms and Condition, the terms
"Member" and/or "Full Member" and/or "Membership"
and/or "Full Membership" shall refer to Love Americas,
Model Americas, Face to Face
2.
Please read the Additional Terms and Conditions as well.
3.
These Terms and Conditions are subject to changes by at any
time, and changes are effective immediately without notice
upon each user and/or Member. The company may terminate, at
any time, one or more of the services and/or features of the
Site, without notice upon each user and/or Member. Please
read the relevant sections regarding the Site's refund policy.
4.
Your Membership is non-transferable and non-assignable.
5.
By becoming a Member, you hereby authorize the imposition
of charges to your credit card for all Membership fees as
well as for any further goods and/or services at, through
and/or from or pertaining to the Site.
6.
THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS
- WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND
ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY. BY
PURCHASING A MEMBERSHIP YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF
THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN
AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE
AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S)
UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS
TO ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE
7.
NON-ASSIGNABILITY / THEFT OF LOGIN Your Membership, username
and password (Login), may not be assigned or transferred to
any other person or entity. Users and Members must promptly
inform the Site of any apparent breach of security, such as
loss, theft, or unauthorized disclosure or use of a username
or password. Until the Site is notified, by e-mail, or by
telephone of any breach in security, you will remain personally
liable for any unauthorized use of the Service.
8.
As a Member you are personally liable for, and shall defend,
indemnify and hold harmless the Site and the Site owner from
any and all damages (including loss of profits, loss of property,
fines and penalties), losses and costs (including attorneys'
fees) resulting from any attempted or actual unauthorized
downloading or other duplication whether solely by user or
Member or with or under the authority of any other including
governmental agency.
9.
The company does not represent itself as a modeling agency
and does not promote its licensed offices as such. They are
NOT modeling agencies under license by the company. Any arrangements
made between individuals members or others with these agents
or offices are not authorized by Model Americas, Love Americas,
or the company.
10.
A Full Membership to the Site provides you with permission
to use features of the Site for personal, non-commercial use.
As customers, visitors to the Site hereby granted with authorization
to download on a single computer only, any of the information
found on the Site for personal, non-commercial use only. Commercial
use of the Site, or any material located on it, is strictly
prohibited. In addition, you may not modify any of the materials
found on the Site; use them for any public display, performance,
sale or rental; remove, modify or alter any copyright or other
proprietary notice, or trademarks; or transfer any material
located on the Site to any other person.
11.
If you make repeated, unsuccessful attempts to log-in to the
Site, you may be temporarily blocked from logging-in to the
Site. This is done in order to prevent attacks on the Site
that may influence on the Site's services.
12.
You must keep your Login strictly confidential. For security
reasons, the site will not release passwords for any reason,
to anyone other than to Members, except as may be specifically
required by law or court order.
13.
BOOKMARKING
Book marking to a page on the Site whereby the Warning page(s)
and/or Terms and Conditions are by-passed shall constitute
an implicit acceptance of the Terms and Conditions herein
and an explicit acknowledgement of age of majority.
14.
THE SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. The site OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. The site
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE.
ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY
TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE
SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER
MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY
FROM STATE TO STATE OR JURISDICTION.
15.
The company AND THE SITE MAKE NO REPRESENTATION AS TO ANY
OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS
OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE
TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR
ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE
ENTIRE COST AND RESPONSIBILITY FOR SAME.
16.
Under no circumstances shall the Site be held liable for any
direct or indirect damages, to any user, participant and/or
other third party that may arise due to "downtime"
and/or availability of the Site or the Site's systems.
17.
IN THE EVENT THAT THE COMPANY OR THE SITE ARE FOUND LIABLE
FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION,
DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED
UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR
CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE
SITE OWNER SHALL BE LIABLE FOR NO MORE THAN THE AMOUNT OF
THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER
FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY SHALL THE COMPANY THE SITE OR THE SITE OWNER,
OR ANY OF THEIR SUPLIERS, LICENSES OR OTHER SUBSCRIBERS BE
LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER
OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
18.
All materials on the Site are proprietary, constitute valuable
intellectual property, are copyrighted and are protected under
treaty provisions and worldwide copyright laws. The Site's
materials may not be reproduced, copied, edited, published,
transmitted or uploaded in any way without written permission.
19.
The site and/or the company may transfer any and all of your
information to related parties and its affiliates. Among others,
the Site may disclose any and all personal information to
other people or agencies in order to: (a) follow the law or
comply with legal process served on our affiliates; (b) protect
and defend our rights or property or those of our users;(c)
act as quickly as needed to protect the personal safety of
our users or other people;
20.
The Site may enable you to share information with other Members
and/or users. The Site also may enable you to use a message
center. You agree not to submit, publish, or display any defamatory,
inaccurate, abusive, threatening, racially offensive, or illegal
material on the Site and/or on the message center. Transmission
of such material that violates any federal, state, or local
law, is prohibited and is a breach of these Terms and Conditions.
You understand that the Site may not allow you to send emails,
in case you exceed a daily number of emails. You agree not
to engage in advertising to, or solicitation of other Members
and/or users to buy or sell any products or services through
the Site without prior written consent. You alone are responsible
for information you send, or display through the Site even
if a claim should arise after termination of service. All
messages you send via the Site shall be deemed to be readily
accessible to the general public. Do not use the Site for
any communication for which the sender intends only the sender
and the intended recipient(s) to read. Notice is hereby given
that all messages entered into this Site can and may be read
by the operators of the Site, whether or not they are the
intended recipient(s).
The company and the site operate a service, which will address
users, at its sole discretion, and help users connect to the
Site's nature. Among others, this service will encourage the
users to write to other users and/or to the service itself,
by emailing the users. These emails/messages shall bear the
following sign on the bottom of the email/message: ***.
As
a user you may receive occasional emails from other users
on the Site, forwarded by the Site to you as well as to the
other users of the Site. These emails shall bear the word:
forward on them.
BY
ACCEPTING THESE TERMS AND CONDITIONS, AND AS A USER OF THE
SITE, YOU AGREE TO RECEIVE SUCH EMAILS, BOTH FROM THE SITE,
AND FROM OTHER USERS AS FORWARDED TO YOU BY THE SITE. YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS EXPRESSLY INDICATED
BY CLICKING ON THE BUTTON BELOW, INDICATES THAT AS A SUBSCRIBER
YOU WISH TO RECEIVE SUCH EMAILS. As described above, the site
may from time to time send you email to help users connect
to the site's nature. These emails will be sent to the Message
Center of the Site. If at any time you wish to stop receiving
such emails, all you need to do is send an email to the site's
customer service dept. with your request.
Every
user of the Site hereby warrants and represents that he or
she is over the age of 18 (21 in AL, MS, NE, WY, and any other
location where 18 is not the age of majority), and in all
respects is qualified and competent to enter into this agreement.
21.
The message center if active on the site enables you and other
users and/or Members to view what other users and/or Members
are online at that time. By using the Site you agree to enable
others to know that you are online and to be contacted while
on line.
22.
In addition to these Terms and Conditions, the Site may have
additional Terms and Conditions that are, and shall become,
an integral part of these Terms and Conditions. All Terms
and Conditions apply to the Site, and to users and/or Members
(where relevant). These Terms and Conditions supersede all
prior written or oral understandings, writings and representations
and may only be amended by the Site. If any provision of these
Terms and Conditions is held void or unenforceable to any
extent, such provision shall be deemed excised and removed
only to the extent to make the remaining provisions and these
Terms and Conditions enforceable. Unless otherwise specifically
provided, the provisions of these Terms and Conditions shall
survive its termination.
23.
In any case the Site is terminated and ceases all operations
on the Site it is hereby clarified that all Memberships (of
all kinds) are terminated immediately, without any prior notifications
by any party.
24.
Notices by the Site to you may be given by means of electronic
messages through the Site, by a general posting on the Site,
or by conventional mail. Notices by you to the Site may be
given by electronic messages, conventional mail, telephone
or fax unless otherwise specified in these Terms and Conditions.
All questions, complaints, or notices regarding the Site must
be sent by clicking on the "Help" button below.
25.
REFUNDS
Subscription
fees are non-refundable once Subscriber's username and password
have been used to access the Site. In the event that the site
decides to issue a refund, ALL refunds will be made by crediting
the credit card that was used to make the original purchase.
NO refunds will be made by cash or check.
26.
TERMINATION / CANCELLATION
Your Membership may be terminated at any time, and without
cause, by either the Site or you upon notification of the
other by electronic or conventional mail, or by telephone,
fax or submitting this cancellation request. When either you
or the Site terminates your Membership, you are not entitled
to receive refunds for your Membership or usage Fees. Membership
Fees are NOT refunded. Upon cancellation your Membership will
be no longer valid, you will no longer be able to access the
site and all of your member privileges will cease.
In
any case the Site is terminated and ceases all operations
on the Site it is hereby clarified that all Memberships (of
all kinds) are terminated immediately, without any prior notifications
by any party.
You
are charged for your membership, by a monthly charge or a
predetermined number of months. Therefore, if you choose to
cancel your membership prior to the beginning of the month,
you will be billed for a month's membership but will not be
able to access the site for the rest of the month. (For example:
if you cancel your membership after two weeks, you will be
billed for that month's membership but will not be able to
access the site prior to your cancellation notice). Annual
and six month memberships are non refundable, and no prorated
refunds are given.
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