1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Trademarks & Servicemarks.
Certain names used throughout the site are either trademarks, servicemarks, registered trademarks or servicemarks of U-
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via the site (such as RSS feeds). Our official affilates however may use the free videos and photos available in the free section of this website to promote our affiliate program as they see fit.
Accessing this site via automated means is expressly forbidden except where stated otherwise explicitly or implicitly (APIs, RSS feeds etc). Using bots, crawlers, scripts or other automated means to access and manipulate the content of this site, including streaming, downloading and posting comments is expressly forbidden.
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. This includes any uploaded audio or visual content, as well as artwork, avatars, or comments that may be posted to the site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.
Additionally you agree that your use of this site and your actions related to the use of this site abides by all local laws and ordinances
Your right to use the Site is not transferable. Any password or right given to you to obtain videos, photos, information or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION HEREIN.
9. Use of Information.
We allow access to or advertise third-
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
A) Information That Is Gathered From Visitors.
In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor's email and a username will be stored on the server.
B) How The Information Is Used.
The information is used to enhance the visitor's experience when using the website to display personalized content and possibly advertising. E-
C) Visitor Options
If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
You represent and warrant that if you are purchasing something from us that (i) any information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card or debit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
14. Securities Laws.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-
The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporate into any of our securities-
15. Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-
16. Submissions, Uploads, Copyrights and Copyright Agents (DMCA Policy).
By using this Site and/or uploading, emailing, file sharing, or submitting any material to this Site or it’s authorized agents or employees, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload, email and/or submit to us ("Your Content") does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
By uploading, publishing, modifying or displaying Your Content to any part of our service or Site, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-
You also agree not to upload XXX pornographic, obscene or content containing any form of child exploitation.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS U-
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
If you believe our Site contains content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached as follows:
P.O. Box 1-
Jamaica, N.Y. 1-
Emaili DMCA to: legal [at] chocolatemodels (dot) com
Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our site, you must submit -
(1) Identify the specific url related to the content that ChocolateModels.com removed or disabled access to;
(2) Provide your name, address, telephone number, email address. Also provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your addres is located (or Queens County, New York if your address is outside of the United States of America), and that you will accept service of process from the person, entity or agent of the preceeding that provided the notification under Section 16;
(3) Include the statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the URL identified and will be no longer shown";
(4) Sign the notice;
(5) Mail the notice to:
DMCA Counter Notification
P.O. Box 1-
Jamaica, N.Y. 1-
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney.
17. Refund Policy.
ChocolateModels.com may from time to time offer products, services or subscription to you. Our refund policy varies depending on the product, service, subscription or third party payment processor.
A) DVD Purchases: All DVD’s sales are final. We offer no refunds for DVD purchases. However if your DVD is defective upon delivery we will exchange it for free. You must contact us within 30 days of delivery to make a claim for exchange. We will only exchange a defective DVD for the same exact DVD number. If your DVD’s are seized by customs we do not offer refunds. However we will reship your DVD’s if you pay for shipping and handling. If your DVD’s are lost or stolen will will reship for free (USA customers only) 21 days after the original shipping date. If you live outside of the USA you must pay for shipping and handling for us to reship them.
B) Website Subscriptions by CCBill: All website subscriptions purchased through payment processor CCBill may be refundable. If a refund is approved it usually takes 7-
C) Downloadable Clip Store Purchases by Verotel: All downloadable clip store products purchased through payment processor Verotel are final and non-
D) Website Subscriptions by Verotel: All website subscriptions purchased through payment processor Verotel are final and non-
This Section 17 sets forth your sole and exclusive right to refund and return.
18. Promotions & Contests.
We reserve the right in our sole discretion to determine how registration, contests and other promotions will be awarded. This determination includes, without limitation, the scope, nature, and timing of all promotions, contests and awards.
19. Information and Press Releases.
The Site may contain information and/or press releases relevant to our operations. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
20. Email List.
The Site may maintain an email list. If you become a member by subscribing to our site, you will have automatically opted into our email list and may from time to time receive email updates to the email address you provide when you joined. By canceling your subscription you are not opting out of our email list. To opt out you must email the site administrator or use the opt out link included in any email you received from us.
21. Mailing List (US Postal Service).
The Site may maintain a mailing list. If you order any products from our store such as DVDs, downloads, or photos sets you will have automatically opted into our mailing list and may from time to time receive mail updates to the name and address you provided when purchasing products. To opt out you must email the site administrator or call our customer service number.
This Agreement shall be treated as though it were executed and performed in the State of New York, Queens County, and shall be governed by and construed in accordance with the laws thereof (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as tin accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the State of New York, Queens County. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Last Updated January 22, 2017.
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