Terms and Conditions ("Terms")
Last updated: 5/11/17
OK - so everyone hates these because they’re boring but legally we have provide this to you so, without further adieu, please read these Terms and Conditions carefully before signing up for our website service operated by My Modeling Site ("us", "we", or "our"). We’re all friends here - we’re after the same goals. While general reason stands to manage the majority of what we do and how we work together law is law; and we’ve got to make sure we cover some specifics, so...here we go.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you’ve ever bought anything online before you know how this works: You provide us your information and your payment details, we bill you, you get what you bought. If this is your first purchase online in the history of ever allow us to give you a quick overview: If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email, mailing address, credit card information. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis in accordance with the services you select.
We use Paypal to process payments so your payment-related information will provided to and handled by them. Using Paypal also constitutes your acceptance of all their terms and conditions too - if you want to read those in all their glory feel free to visit their website. However, be advised, they may not be as fun to read as ours.
Definition of Standard Service
My Modeling Site will build and host for you a website consisting of roughly 6 pages (depending on how your image galleries are set up this could vary slightly). The general understanding of pages in a standard site is: Home, About, Blog, Booking, Contact, Portfolio (Image galleries). Sites that require more than this or specific features may result in additional costs. Our standard service basically gives you a complete basic website for $2.50 a month. We’re pretty confident that’s an amazing deal compared to most other services.
We should note: Our standard service cost covers mainly our time to build your site and a share in the hosting costs (sadly, most things in life aren’t free). Our standard service assumes the use of “free” templates and plug-ins and the capabilities they provide. If you request specific design, formatting or functionality not possible by a “free” template or plug-in (or would require a significant amount of set-up) that additional cost will be your responsibility - but don’t worry, we’ll let you know first and let you decide if you really want it. It also includes 4 updates per year (once every 3 months) by our team. Should you opt to learn how to update your site yourself you can update it as often as you'd like. We also provide site management support packages if you'd like My Modeling Site to manage your site content on your behalf more often.
Our Service leverages a variety of technologies to make our magic happen. So, just to make sure everyone understands who’s is who’s. So, here’s a breakdown of how view “content ownership” on our (and your) site:
--Your Content: This is all the text, images and information that you provide to us to build your site. This content is owned by you and/or the respective photographers who help you create your images. Some things you should know before sending content to us:
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or My Modeling Site or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
My Modeling Site reserves the right to edit or remove any material submitted to this website, or stored on My Modeling Site servers, or hosted or published upon this website.
Notwithstanding My Modeling Site rights under these terms and conditions in relation to user content, My Modeling Site does not undertake to monitor or verify the these conditions are met. It is the responsibility of the user (you) to maintain content is legal for use on your website.
--Template and code: This is all the technology magic that exists behind the scenes to make your website and allow it to function. Most of this is owned by the respective creators of the template or plug-ins used to make your site. Some stuff we’ve invented ourselves - that stuff is owned by us.
--Server-Side technology: Stuff like servers and server operating systems and all that jazz is all owned by their respective software companies and hosting company.
This service is provided “as is” without any representations or warranties, express or implied. My Modeling site makes no representations or warranties in relation to this website or the information and materials provided on this website. We’ve tried to be really clear in how we communicate, but we’re human, while unlikely mistakes can happen.
Up-time: We rely on 3rd parties for website hosting. We’ve selected partners known for their reliability and consistency but stuff happens and servers go down sometimes. We’ll do our level and reasonable best to make sure your site is up and running but in this world nothing is 100% guaranteed. We can assure you that if a problem arises we’ll do what we can to fix it quickly.
System Updates: Site code and servers require regular maintenance to keep them healthy and happy. Since we (and all the partners we work with) like happy servers we take this pretty seriously. MOST of the time these updates happen and nobody really notices. Sometimes things break if you notice something’s off or not working feel free to let us know. If that happens we’ll get it fixed just as soon as possible.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. Leave legal, financial and medical advice to professionals and consult lawyers, CPA’s and doctors respectively for that stuff. We’re not any of those.
Limitations of liability
My Modeling Site will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website for any direct or indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if My Modeling Site has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, we’re not the partner for you.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these terms and conditions
Hopefully we can all just get along fine - that’s not too much to ask right? But if rules start to get broken, without prejudice to My Modeling Site other rights under these terms and conditions, if you breach these terms and conditions in any way, My Modeling Site may take such action as My Modeling Site deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Sometimes things happen. Situations change, we might come up with another super important idea we want you to know as part of us working together. So, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by My Modeling Site.
My Modeling Site has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that My Modeling Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You hereby indemnify My Modeling Site and undertake to keep My Modeling Site indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by My Modeling Site to a third party in settlement of a claim or dispute on the advice of My Modeling Site’s legal advisers) incurred or suffered by My Modeling Site arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim thereof.
Basically, if you do something wrong and it costs us money to hold you accountable to these rules we provided you before you signed up we can charge you for those costs. Lets just not end up in this position ok?
We reviewed a lot of these kinds of documents before we wrote this one (talk about a boring time). So we’re pretty confident that we’re following all the laws that govern these things. But, If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Not entirely sure why this clause is so important but we want you to know: These terms and conditions constitute the entire agreement between you and My Modeling Site in relation to your use of this website and our service, and supersede all previous agreements in respect of your use.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Ohio Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the great state of Ohio. Go Bucks!
If you have any questions about these Terms, don’t be shy, please contact us.