Last Revised: September 19, 2018
These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the “Services”) provided by Limitless Models (as defined below) on the website and associated domains of www.Limitless Models.com and on Limitless Models web and mobile applications.
Please have a read. Let us know of any questions or suggestions at [email protected] Models.com.
1.1. Our Purpose
Our services offer our users the ability to easily create a beautiful and highly functional online presence, to manage and promote you and your personal businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for the creation, publication and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
1.2. Legal Agreement
The Limitless Models Terms constitute a binding and enforceable legal contract between Limitless Models.com Ltd. and its affiliated companies and subsidiaries worldwide (“Limitless Models”, “us” or “we”) and you in relation to the use of any Limitless Models Services – so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the Limitless Models Services, you must first register and create an account with Limitless Models (“User Account”).
Please safeguard your Account and make sure others don’t have access to your Account or password. You’re solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We’re not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
Limitless Models will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Limitless Models Service, as the person or entity who has access to the e-mail address then listed in Limitless Models’ records for such User Account under which such User Platform or User Content was created.
In case of a dispute about User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership reach a resolution, without liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
If any Paid Services (as defined in Section 6 below) were purchased via a User Account, Limitless Models will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Limitless Models’s database, Limitless Models will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Limitless Models will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Limitless Models shall consider the person registered as the owner of the domain connected to the Limitless Models Account as the owner of the User Platform.
Notwithstanding the forgoing, Limitless Models shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Limitless Models deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined in the sole discretion of Limitless Models.
2. Your Obligations
2.1. You represent and warrant that:
You are at least 16 years old. The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you’re at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.
Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
You understand that Limitless Models does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Services or any of your End Users, or your compliance therewith.
2.2. Your Content
When you upload content to Limitless Models, you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.
2.3. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
2.4. Your License To Us. When you provide User Content via the Services, you grant Limitless Models (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
2.5. Featuring Your Site. We may choose to feature sites you use the Services to create or publish (“Your Sites”) or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Limitless Models marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured through your Account. This Section does not affect any rights you may have under applicable data protection laws.
3. Your Responsibilities
You’re responsible for the content you publish on Limitless Models, and you vouch to us that it’s all okay to use. We ask that you follow our rules and don’t do anything illegal with the services. Also keep in mind that what you upload may be publicly viewable.
3.1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights. Please don’t copy, upload, download or share content unless you have the right to do so.
3.2. Follow The Law. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
3.3. Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
3.4. Comply With Our Acceptable Use Policy. You must comply with our Acceptable Use Policy. You represent and warrant that all your User Content complies with our Acceptable Use Policy.
3.5. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
4. Third Party Services And Sites, User Content And Limitless Models Specialists
If you use or connect another service on or to Limitless Models, follow a link to another site or work with someone you find on Limitless Models (such as a specialist or Circle member), what happens is between you and them. We’re not responsible for it or what either of you do. There’s also a lot of content on Limitless Models uploaded by our users (like you). We’re not responsible for that either.
4.1. Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make available to you their content and products. Examples of Third Party Services include our domain registrar, social media platforms, Limitless Models Specialists (as defined below), eCommerce Payment Processors (as defined below), stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4.3. User Content. The Services or sites created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.
4.4. Limitless Models Specialists. Certain parts of the Services may provide directories of, and information about, independent third party Limitless Models users (“Limitless Models Specialists”) who can help you use the Services. Limitless Models does not employ, is not affiliated with and does not endorse Limitless Models Specialists. Limitless Models Specialists are a Third Party Service, as defined in Section 4.1.
4.5. Limitless Models Logo. Limitless Models Logo includes icons obtained from The Noun Project, Inc. (“Noun Project”). Noun Project is a Third Party Service, as defined in Section 4.1, and your use of its icons is subject to Noun Project’s terms.
4.6. Developer Terms. Limitless Models may provide you with functionality to connect to, integrate or share information with a Third Party Service. through Developer Tools (as defined in the Developer Terms). By accessing or using, or providing a Third Party Service with access to or use of, the Developer Tools, you agree to the Developer Terms. Any access to or use of such Third Party Services is at your own risk and is your responsibility, and is governed by the terms of Third Party Services in Section 4.1.
5. Our Intellectual Property
Limitless Models is protected by various intellectual property laws. This section summarizes what we own and how we share.
5.1. Limitless Models Owns Limitless Models. The Services are protected by copyright, trademark and other US and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ User Content.
5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
5.3. Our Demo Content. We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (“Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be distributed, publicly displayed, publicly performed or otherwise published.
5.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
6. Our Rights
To operate effectively and protect the security and integrity of Limitless Models, we need to maintain control over what happens on our services.
6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between parties, such as a business and its employee, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
7. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Limitless Models Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Limitless Models. By providing such Feedback to Limitless Models, you acknowledge and agree that it may be used by Limitless Models in order to: (i) further develop, customize and improve of the Limitless Models Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Limitless Models -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Limitless Models may use to provide and improve its services, (vi) to enhance Limitless Models data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Limitless Models any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
9. Service Fees
9.1. Paid Services. Services are paid services. This section explains how we handle payments for those paid services. For certain paid services, we’ll automatically bill you annually unless you disable auto-renewal or cancel your subscription. You can do that anytime.
9.2. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s) and/or on a mobile app store invoice, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
9.3. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied its valid and applicable, only apply from and after the date we receive such documentation. If Limitless Models has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Limitless Models does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
9.4. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services.
9.5. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required. We offer a free trial so you can try out your website subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
9.6. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
9.7. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.9. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
9.10. Cancellation by Limitless Models. Failure to comply with any of the Limitless Models Terms and/or to pay any Fee due shall entitle Limitless Models to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Limitless Models Services (e.g., Paid Services) or Third Party Services to you.
10. Loss of Data, Content and Capacity
If your User Account or any Limitless Models Services or Third Party Services related to your User Account are cancelled (whether at your request or at Limitless Models’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Limitless Models shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Limitless Models Services following their cancellation, as determined by Limitless Models in its sole discretion.
The Limitless Models Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
Any Taxes indicated by the E-Commerce features provided to you by Limitless Models are solely provided for illustration purposes only, and may not be relied on in any way;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims;
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
Limitless Models may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
12. Video Services
As part of the Limitless Models Services, Limitless Models may provide video services (such as Limitless Models Video or Limitless Models Pro Gallery) for managing videos on User Platforms (the “Video Services”).
The use of the video services for your User Platform, may require that you receive a license to use certain patents from MPEG–LA (the “License”). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. at http://www.mpegla.com.
If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: [email protected]
13. Third Party Services
The Limitless Models Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Limitless Models Website (including the Limitless Models App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Limitless Models Services, offered separately by Limitless Models or persons certified or authorized by Limitless Models, or otherwise offered anywhere on the Limitless Models Services), Limitless Models merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Limitless Models will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Limitless Models and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Limitless Models may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Limitless Models Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
14. Misconduct and Copyrights
14.1. Misconduct and Abuse. When using the Limitless Models Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Limitless Models with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Limitless Models Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Limitless Models, and that Limitless Models may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
14.2. Copyrights. Limitless Models acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Limitless Models to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Limitless Models’s Copyright Agent can be reached at the following address:
Limitless Models.com Inc.
6 St. John’s Lane
New York, NY 10013
Attn: Copyright Agent
E-mail: [email protected]
In the event that Limitless Models receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Limitless Models’s sole reasonable discretion. Limitless Models reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
15. Disclaimer of Warranties
We provide the Limitless Models Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Limitless Models Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Limitless Models Services – so please be sure to verify those before using or otherwise engaging them.
Limitless Models may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Limitless Models be considered as a “publisher” of any User Content. Limitless Models does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Limitless Models Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Limitless Models shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Limitless Models Services and/or connecting and/or dealing with any Third Party Services through or in connection with Limitless Models Services, and that Limitless Models cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Please note that certain Limitless Models Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Limitless Models Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Limitless Models Services at this BETA stage signifies your agreement to participate in such Limitless Models Services’ BETA testing.
16. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Limitless Models, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Limitless Models Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Limitless Models Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Limitless Models Services; (6) events beyond the reasonable control of Limitless Models, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Limitless Models Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Limitless Models’s services to you, and such limitations will apply even if Limitless Models has been advised of the possibility of such liabilities.
18.1. Changes & Updates. Limitless Models reserves the right to change, suspend or terminate any of the Limitless Models Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Limitless Models Services (including removal of any materials created by you in connection with the Limitless Models Services) for any reason and/or change any of the Limitless Models Terms with or without prior notice – at any time and in any manner.
You agree that Limitless Models will not be liable to you or to any third party for any modification, suspension or discontinuance of those Limitless Models Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Limitless Models Services without enabling such changes, or provide you with alternative Services.
18.2. Governing Law & Jurisdiction; Class Action Waiver. The Limitless Models Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Limitless Models Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Limitless Models Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, NY.
Subject to any applicable law, all disputes between you and Limitless Models shall only be resolved on an individual basis and you shall not have the right to bring any claim against Limitless Models as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Limitless Models will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.
18.3. Notices. We may provide you with notices in any of the following methods: (1) via the Limitless Models Services, including by a banner or pop-up within the Limitless Models Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Limitless Models’ notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
18.4. Relationship. The Limitless Models Terms, and your use of the Limitless Models Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Limitless Models and you.
18.6. Assignment. Limitless Models may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Limitless Models Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Limitless Models. Any attempted or actual assignment thereof without Limitless Models’ prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 18.6 shall not in itself grant either Limitless Models or you the right to cancel any Limitless Models Services or Third Party Services then in effect.
18.7. Severability & Waivers. If any provision of the Limitless Models Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Limitless Models Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
18.8. Interpretation. Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
18.9. Customer Service Contact. To get in touch with our Customer Service – please use any of the options listed below:
Go to Limitless Models Help Center which is available at:
Send an email message to: [email protected]