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SweetDealin.com User Agreement Please read carefully. This User Agreement regulates and affects your use of and participation on SweetDealin.com. This User Agreement includes our policies for acceptable use of the SweetDealin.com services and content, as well as your rights, obligations and restrictions regarding your use of SweetDealin.com. By accessing and/or using SweetDealin.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse SweetDealin.com, including, without limitation, through a mobile or other wireless device, or otherwise use SweetDealin.com without being registered) or you are a "Member" (which means that you have registered with SweetDealin.com). The term "User" refers to a Visitor or a Member. In addition, in consideration for becoming a Member and/or making use of SweetDealin.com, you must indicate your acceptance of this User Agreement during the registration process. We grant you a limited, revocable, non-exclusive license to access SweetDealin.com for your own personal use, subject to this User Agreement. Use of SweetDealin.com beyond the scope of authorized access terminates this license. 1. INTENT. SweetDealin.com is a public access general purpose portfolio hosting web site and community for spokesmodels. SweetDealin.com is not intended for users under the age of 18. If you are under the age of 18, do not submit a portfolio or any personal information. SweetDealin.com is not a modeling agency, and does not hold itself out to be an agency for the placement of models or other talent into entertainment-related jobs. In the event any User wishes to extend an offer of employment to any other User, that offer may be sent to SweetDealin.com in order to be forwarded to the appropriate User, but this shall not be deemed a general solicitation for employment by SweetDealin.com. 2. USER GENERATED CONTENT. SweetDealin.com and its affiliates do not review or monitor any web sites linked to the Service or from personal portfolios on this site. When clicking links to personal pages from SweetDealin.com, all Users of the system acknowledge that SweetDealin.com is not responsible for the accuracy of those links or any content posted or hosted on the linked pages, and SweetDealin.com does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. SweetDealin.com does not own or claim to own any personal portfolio content or images uploaded by individual users for individual promotion and presentation. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any SweetDealin.com member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by email stating the exact nature of the claimed infringement. a) SweetDealin.com may contain information, facts, statements, content, and opinions from various individuals and organizations (“User-Generated Content”). THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SweetDealin.com is not responsible for the accuracy or reliability of any User-Generated Content posted on the site. Although SweetDealin.com and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and bulletin boards on the Site, neither SweetDealin.com nor its affiliates is under any obligation to do so and does not hold itself out to monitor or approve any user postings. SweetDealin.com reserves the right to change or modify portfolio information without notice. SweetDealin.com and its assigns reserve the right, at their sole discretion, to edit, refuse to post, or remove any material, links, email addresses, images, and content submitted to, or posted in any portfolio. SweetDealin.com has guidelines regarding posting of appropriate images, email addresses, content, and links. You agree to read and adhere to the guidelines as posted here or as otherwise posted throughout the site. Your use of SweetDealin.com is at your own risk. NEITHER SWEETDEALIN.COM NOR ANY OF ITS ASSIGNS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SWEETDEALIN.COM AND ITS ASSIGNS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON. b) Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant SweetDealin.com and its assigns the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. 3. PROHIBITED USES. You agree not to post or transmit any unlawful, fake, fraudulent, or otherwise objectionable (in SweetDealin.com’s sole and complete discretion) material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. In addition you agree to not post information or correspondence that is not of a professional nature or which contravenes US Federal, and International Trademark or copyright laws and restrictions in any way. If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You will be responsible for, and indemnify and hold harmless SweetDealin.com and its assigns against any claim arising from any material that you post or transmit. a) You agree to not post URL's and other web links in any form, into your personal home page section, or the main portfolio page as links or text, that lead to ADULT SITES or Pay Sites. SweetDealin.com reserves the right to remove from its sites any references or portfolios containing Adult Sites or Pay Sites without notice. Additionally, certain links to sites, as determined from time to time by SweetDealin.com, or the use of links and web addresses, or the use of html formatting and scripting in certain portfolio types as determined by SweetDealin.com, may not be permitted within the portfolio or as an acceptable use of the personal home page link or as portfolio content. SweetDealin.com is under no obligation to provide exposure to personal sites through links or other methods in a portfolio and may remove those at its discretion, and without notice. SweetDealin.com permits one main member portfolio per person. b) The Promotion and Recruitment of Escorts, Escort Services, Personal Services (etc.) are contrary to the purposes of SweetDealin.com, and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this site is strictly prohibited. Portfolios that are used for the solicitation or promotion of escort services in ANY way will be immediately disabled. This includes (but is not limited to): hyperlinks to external sites promoting escorts, URLs (web addresses) promoting escorts and any other activity that the staff of SweetDealin.com deems as solicitations, promotions, or offers. c) Teen model Membership sites (including teen pay sites, "top sites", "NN (non-nude)" sites, etc) are contrary to the purposes and business model of SweetDealin.com, and may not be promoted, linked, advertised, or solicited for, using any tools of SweetDealin.com. SweetDealin.com reserves the right to terminate the access privileges granted herein of any User who works in the "NN" or teen pay site business. Profiles found which link, advertise or are associated with any such sites will be removed from SweetDealin.com without warning or refund. d) Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal, overt sexual positions, and/or nudity. Failure to adhere to this restriction will result in the removal of the images, and the disablement of that member portfolio. e) SweetDealin.com does not support bandwidth theft, the linking of images from SweetDealin.com to other sites, or the misuse of links from Other sites to SweetDealin.com . Anyone found linking images from SweetDealin.com to other sites, copying content from SweetDealin.com , or inappropriately linking to SweetDealin.com (to increase their views - through use of hidden frames, or using programs to artificially raise page views etc.) will result in permanent REMOVAL from SweetDealin.com without notification and may necessitate the notification of the appropriate State and/or Federal authorities. 4. PRIVACY AND CONTACT. All Members will receive a password and are responsible for maintaining confidentiality of such password. You understand that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can and may be collected and used by others and may result in unsolicited messages from other parties. You agree that any such disclosure of personal information by you shall be deemed non-confidential and shall therefore be the sole responsibility and liability of the poster. You further agree that any and all communications to any Member or Visitor shall be conducted through the SweetDealin.com website, and you shall not attempt to individually contact any User outside of the website without that User’s verifiable approval. You further agree that any such unapproved attempts may result in a termination of your Member or Visitor status, to be decided in SweetDealin.com’s sole discretion. a) As a member of SweetDealin.com , you may receive emails from SweetDealin.com, including regular email updates and employment requests. As new features or member programs and promotions are developed and launched, you will be informed via the postings to the site and also by email. If you do not wish to receive email from us, you should so indicate as part of your user preferences. However, if for any reason we receive a report or information that you have in any way blocked or prevented receipt of emails from us, other than through your user preference selections on the site itself, then SweetDealin.com shall have the right, in its absolute discretion, to disable and cancel your account immediately. If such action occurs and you believe it to be in error, you should contact us immediately and alert the ISP that controls your email account. Separately, when email is sent to an undeliverable email address, your portfolio will be disabled as well. If you discover that your portfolio has been disabled because of outdated contact information, you may provide us with the correct information and we will re-activate your portfolio. 5. LAWS & INTERPRETATION. You agree that this User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California , without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of Los Angeles, California and the Central District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. SweetDealin.com is a California corporation doing limited business in certain select jurisdictions. To the extent reasonably possible or required by law, SweetDealin.com abides by the laws of the local jurisdictions in which it is currently operating. However, the operations of this website, and your use thereof, shall not be considered an acceptance of the local laws of your jurisdiction without SweetDealin.com’s explicit approval. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract. In the event of any uncertainty as to the applicability of your jurisdiction’s laws to this website or your use thereof, you must seek outside legal counsel prior to accepting this Agreement. By accepting this Agreement, you hereby waive any and all rights and/or claims as to applicability of your local laws and industry customs. a) SweetDealin.com reserves the right to change and modify this User Agreement as appropriate and without notice. Each such modification shall be effective upon posting on the SweetDealin.com website. Your continued use of SweetDealin.com following any such modification constitutes your agreement to be bound by and your acceptance of the User Agreement as so modified. It is therefore important that you review this User Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of SweetDealin.com immediately. b) Violation of this User Agreement will cause your membership to be terminated and your profile to be removed from SweetDealin.com without any notice whatsoever.
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