ModelErinHunter.com Terms of Use

Last Revised: May 19, 2018

 

Welcome to ModelErinHunter.com’s Terms of Use. Thank you for choosing to use our services. Below we have listed important legal terms that apply to anyone who visits our website of uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Model Erin Hunter offers a variety of services and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience easier to understand. If you have any suggestions on how we can improve them, please contact us at Erin@ModelErinHunter.com.

 

    1. Our purpose – our services offer our users enjoyable adult photos, videos and conversations. As detailed below, we offer our users several options for viewing and conversing.

    2. Legal Agreement – These ModelErinHunter.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apple to some of our services as presented on the ModelErinHunter.com website (“Model Erin Hunter website”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Model Erin Hunter website and/or any other services or applications offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Model Erin Hunter website, “Services” ).

The Model Erin Hunter Terms constitute a binding and enforceable legal contract between ModelErinHunter.com LLC and its affiliated companies and subsidiaries worldwide (“Model Erin Hunter,” “us” or “we”) and you in relation to the use of any Model Erin Hunter services – so please read them carefully.

You may visit and/or use the Model Erin Hunter Services only if you fully agree to the Model Erin Hunter Terms – and by using and/or registering to any of the Model Erin Hunter Services, you signify and affirm your informed consent to these Terms of Use and any other Model Erin Hunter Terms applicable to your use of any Model Erin Hunter Services. If you do not read, fully understand and agree to the Model Erin Hunter Terms, you must immediately leave the Model Erin Hunter Website and avoid or discontinue all use of the Model Erin Hunter Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at (“Privacy Policy”).

  1. User Account – In order to access and use certain sections and features of the Model Erin Hunter Services, you must first register and create an account with Model Erin Hunter (“User Account:”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Model Erin Hunter Services), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account (including any representations, warranties and undertakings made therein), whetheror not specially authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Model Erin Hunter Services, to which you are the sol and exclusive rights holder. We strongly encourage you to provide your own contact details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on 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 (for example: government issued ID) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

  1. Model Erin Hunter will consider the owner of a User Account and/or User Content created and/to uploaded to the relevant Model Erin Hunter Service, as the person or entity who has access to the e-mail address then listed in Model Erin Hunter’s records for such User Account under which such User Content was created.

  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Model Erin Hunter will consider the owner of such User Account 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.

  3. Notwithstanding the forgoing, Model Erin Hunter shall have the right to determine the ownership of User Content as it chooses, including by ignoring the indications set forth above, in event Model Erin Hunter deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Model Erin Hunter.

 

  1. Your Obligations  

    1. You represent and warrant that:

  1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Model Erin Hunter Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Model Erin Hunter Terms;

  2. you are not a resident of (or will use the Model Erin Hunter Services in) a country that the U.S. government has embargoed for use of the Model Erin Hunter Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

  3. 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;

  4. you understand that Model Erin Hunter does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    1. You undertake and agree to:

  1. be solely responsible and liable with respect to any of the uses of the Model Erin HunterServices which occur under your User Account, and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Model Erin HunterServices);

  2. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to any applications and/or Third-Party Services used by you;

  3. receive from time to time promotional messages and materials from Model Erin Hunteror its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

  4. allow Model Erin Hunterto use in perpetuity, worldwide and free of charge, any version of your User Content (or any part thereof) for any of Model Erin Hunter’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Model Erin Hunteror anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Content with respect to such limited permitted uses;

  5. Model Erin Huntersole discretion as to the means, manner, and method for performing the Model Erin HunterServices, including those regarding display of any User Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  6. Model Erin Huntershall have the right to offer the Model Erin HunterServices in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Model Erin HunterServices in each price plan, including, without limitation, restrictions on size and/or length of Content, quality and/or format of Content, sources of Content, etc.

    1. You agree and undertake not to:

  1. . copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Model Erin Hunter Website, the Model Erin Hunter Services (or any part thereof), any Content offered by Model Erin Hunter or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Model Erin Hunter ‘s prior written and specific consent and/or as expressly permitted under the Model Erin Hunter Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Model Erin Hunteror any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available within the Model Erin HunterWebsite or the Model Erin HunterServices (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the Model Erin HunterServices or Licensed Content on any website, media, network or system other than those provided by Model Erin Hunter, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Model Erin HunterServices, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Model Erin Hunter, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Model Erin HunterServices (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Model Erin HunterServices to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Model Erin HunterServices;

  8. act in a manner which might be perceived as damaging to Model Erin Hunter ‘s reputation and goodwill or which may bring Model Erin Hunterinto disrepute or harm;

  9. impersonate any person or entity or provide false information on the Model Erin HunterServices and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Model Erin Hunter;

  10. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Model Erin Hunteror any third party endorses you, your business, your User Products, or any statement you make;

  11. reverse look-up, trace, or seek to trace another User of Model Erin HunterServices, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Model Erin HunterServices without their express and informed consent;

  12. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Model Erin HunterServices, the account of another User(s), or any other systems or networks connected to the Model Erin HunterServices, by hacking, password mining, or other illegitimate or prohibited means;

  13. probe, scan, or test the vulnerability of the Model Erin HunterServices or any network connected to the Model Erin HunterServices;

  14. upload to the Model Erin HunterServices and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  15. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Model Erin HunterServices or Model Erin Hunter ‘s systems or networks connected to the Model Erin HunterServices, or otherwise interfere with or disrupt the operation of any of the Model Erin HunterServices, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  16. use any of the Model Erin HunterServices in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  17. access to Model Erin HunterServices, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling),

  18. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Model Erin HunterServices;

  19. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Model Erin HunterServices and/or Licensed Content; or

  20. violate, attempt to violate, or otherwise fail to comply with any of the Model Erin HunterTerms or any laws or requirements applicable to your use of the Model Erin HunterServices.

  21. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

 

 

  1. Content and Ownership

    1. Model Erin Hunter’s Intellectual Property

All rights, title and interest in and to the Model Erin Hunter Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Model Erin Hunter Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Model Erin Hunter.

 

 

The Model Erin Hunter Terms do not convey any right or interest in or to Model Erin Hunter ‘s Intellectual Property (or any part thereof. Nothing in the Model Erin HunterTerms constitutes an assignment or waiver of Model Erin Hunter ‘s Intellectual Property rights under any law.

 

  1. Feedback and suggestions

If you provide us with any suggestions, comments or other feedback relating to the Model Erin HunterServices (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Model Erin Hunter. By providing such Feedback to Model Erin Hunter, you acknowledge and agree that it may be used by Model Erin Hunterin order to: (i) further develop, customize and improve of the Model Erin HunterServices, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Model Erin Hunter-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 Model Erin Huntermay use to provide and improve its services, (vi) to enhance Model Erin Hunterdata 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 Model Erin Hunterany 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.

 

  1. Privacy

Certain parts of the Model Erin HunterServices (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Model Erin HunterServices, Model Erin Hunterand such Third-Party Services may collect, access and use certain data pertaining to Users, including the activities or navigation undertaken by Users through the Model Erin HunterServices. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

  1. Service Fees

5.1 The use of certain Model Erin Hunter Services may be subject to payment of particular fees, as determined by Model Erin Hunter in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Model Erin Hunter will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

Model Erin Hunter reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Model Erin Hunter shall have the right to automatically and without notice renew your subscription to such Model Erin Hunter Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Model Erin Hunter. To the extent permitted by law (and unless specified otherwise by Model Erin Hunter in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Model Erin Hunter Services, or to any payments or purchases made by you. If Model Erin Hunter is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Model Erin Hunter is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorize Model Erin Hunter (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Model Erin Hunter or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off  he auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period.

 

You may turn-off the auto-renewal option or cancel your Paid Services at any time via Third-Party providers.

 

6. Cancellation
6.1. Cancellation by User

You may cancel your account or any services at any time.

6.2. Cancellation by Model Erin Hunter

Failure to comply with any of the Model Erin Hunter Terms and/or to pay any due Fee shall entitle Model Erin Hunter to suspend (until full payment is made) or cancel your User Account(or certain features thereof), as well as the provision of any related Model Erin Hunter Services (e.g., Paid Services) or Third Party Services to you. 

6.3. Loss of Data, Content and Capacity

If your User Account or any Model Erin Hunter Services or Third-Party Services related to your User Account are cancelled (whether at your request or at Model Erin Hunter’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Contentor other usage data retained therein(“Capacity Loss”). Model Erin Hunter shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account. Please also note that additional Fees may apply to re-activation of a User Account and/or any Model Erin Hunter Services following their cancellation, as determined by Model Erin Hunter in its sole discretion.

9. Third Party Services

The Model Erin Hunter Services enable you to engage and procure certain third-party services, products and tools for enhancing your User Account and your overall user experience, including, without limitation, third party designers who may assist you with your User Account, 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 Model Erin Hunter Services, offered separately by Model Erin Hunter or persons certified or authorized by Model Erin Hunter, or otherwise offered anywhere on the Model Erin Hunter Services), Model Erin Hunter 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. Model Erin Hunter 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.

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, Model Erin Hunter may, at any time and at its sole discretion, suspend, disable access to or remove from your User Accountand/or the Model Erin Hunter Services, any Third-Party Services – whether or not incorporated with or made part of your User Account at such time – without any liability to you or to any End Users.

 

 

11. Misconduct and Copyrights
11.1. Misconduct and Abuse

When using the Model Erin Hunter Services, you may be exposed to 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 Model Erin Hunter with respect thereto.

If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the Model Erin Hunter Services, please immediately report such User and/or Third-Party Service to us at Erin@ModelErinHunter.com . You agree that your report shall not impose any responsibility or liability upon Model Erin Hunter, and that Model Erin Hunter 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.

11.2. Copyrights

Model Erin Hunter 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 Erin@ModelErinHunter.com, 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 Model Erin Hunter 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.

 

 

In the event that Model Erin Hunter receives notice regarding a copyright infringement related to your User Account, it may cancel your User Accountor 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 Model Erin Hunter’s sole reasonable discretion. Model Erin Hunter reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

12. Disclaimer of Warranties

We provide the Model Erin Hunter 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 Model Erin Hunter 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 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 (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 Model Erin Hunter Services – so please be sure to verify those before using or otherwise engaging them.

 

Model Erin Hunter may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Account 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 Model Erin Hunter be considered as a “publisher” of any User Content, 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 Model Erin Hunter 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, Model Erin Hunter 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 Model Erin Hunter Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Model Erin Hunter Services, and that Model Erin Hunter 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.

 

13. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Model Erin Hunter, 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 Model Erin Hunter 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 Model Erin Hunter Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Model Erin Hunter Services; (6) events beyond the reasonable control of Model Erin Hunter, 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 Model Erin Hunter Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Model Erin Hunter’s services to you, and such limitations will apply even if Model Erin Hunter has been advised of the possibility of such liabilities.

14. Indemnity

You agree to defend, indemnify and hold harmless Model Erin Hunter, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Model Erin Hunter Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Account or User Content and/or your use of the Model Erin Hunter Services, including, without limitation, Model Erin Hunter Services’ actions for your benefit; and/or (3) any other type of claim that your User Account and/or User Content caused damage to a third party.

15. General
15.1. Changes & Updates

Model Erin Hunter reserves the right to change, suspend or terminate any of the Model Erin Hunter Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Model Erin Hunter Services (including removal of any materials created by you in connection with the Model Erin Hunter Services) for any reason and/or change any of the Model Erin Hunter Terms with or without prior notice - at any time and in any manner.

You agree that Model Erin Hunter will not be liable to you or to any third party for any modification, suspension or discontinuance of those Model Erin Hunter 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 Model Erin Hunter Services without enabling such changes, or provide you with alternative Services.

15.3. Notices

We may provide you with notices in any of the following methods: (1) via the Model Erin Hunter Services, including by a banner or pop-up within the Model Erin Hunter 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. Model Erin Hunter’s 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.

15.4. Relationship

The Model Erin Hunter Terms, and your use of the Model Erin Hunter Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Model Erin Hunter and you.

15.5. Entire Agreement

These Terms of Use, together with the Model Erin Hunter Terms and any other legal or fee notices provided to you by Model Erin Hunter, shall constitute the entire agreement between you and Model Erin Hunter concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Model Erin Hunter and you, including those made by or between any of our respective representatives, with respect to any of the Model Erin Hunter Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Model Erin Hunter in entering into any of the Model Erin Hunter Terms.

15.6. Assignment

Model Erin Hunter may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Model Erin Hunter 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 Model Erin Hunter. Any attempted or actual assignment thereof without Model Erin Hunter’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Model Erin Hunter or you the right to cancel any Model Erin Hunter Services or Third-Party Services then in effect.

15.7. Severability & Waivers

If any provision of the Model Erin Hunter 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 Model Erin Hunter Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

15.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

  1. Send an email message to: Erin@ModelErinHunter.com

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