("User") and BookAdultModels.com. ("Company").
In consideration of the right to access and use the Company's Websites,
BookAdultModels.com, ("Website"), User agrees to the terms
and conditions of use set forth in this Agreement. User's continued
use of the Website indicates User's willingness to be legally bound
by the terms and conditions of this Agreement as set forth below.
1. Covenant to Read Agreement.
User acknowledges that User has read the terms and conditions of use
and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If User
does not agree to these terms and conditions of use, User may not access
or otherwise use the Website.
(a) You must be eighteen or over to enter or register as a member of Website
or Company and the viewing of Website's or Company's content is legal
in your community. Membership in the Service is void where prohibited.
By using and/or viewing this site, you represent and warrant that you
have the right, authority, and capacity to enter into this agreement
and to abide by all of the terms and conditions of this agreement and
that you are at least 18-years old (21-years old in AL, MS, NE, WY,
and any other location where 18 is not the age of majority) - who are
interested in and wish to have access to visual images, verbal and written
descriptions of a sexually oriented, and frankly erotic
nature. The materials, which are available within this site may include
graphic visual depictions and descriptions of nudity and sexual activity
and should not be accessed by anyone who is younger than 18-years old
(21-years old in AL, MS, NE, WY, and any other location where 18 is
not the age of majority) or who is offended by such materials or who
does not wish to be exposed to such materials.
(b) User will have certified that the pictures submitted are of individuals
18 years of age or older and all primary producers have certified that
they have complied with 28 C.F.R. 75 thereby exempting Company from
the record keeping requirements of 18 U.S.C. 2257(a)--(c). Company is
not the primary or secondary producer (as defined in 18 USC section
2257 or subsequent case law) of any of the visual content contained
in the Website.
2. Company's Control Over Website
(a) Company has the right, but not the obligation, to monitor the use
of the Website and its content and, except as otherwise provided under
Section 4, Privacy, may freely use and disclose any information and
materials received from the User or collected through User's use of
the Website for any lawful reason or purpose. Click here to view our
to remove any material that Company, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
(b) Company reserves the right, in its sole discretion, to correct any
errors or omissions in any portion of the Website.
(c) Company reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request.
(d) The posting of content, profiles or other information (collectively,
the "User Information") on the Website is subject to the prior
approval of Company. Company has the right, in its sole discretion,
to use and post User's name in connection with any User Information
submitted by User. Company reserves the right, in its sole discretion,
to edit, refuse to post, or to remove any information or materials,
for any reason, including, but not limited to the User Information.
(e) Company reserves the right, at its sole discretion, to change, modify,
add or remove any portion of this Agreement, in whole or in part, at
any time. Notification of changes in the Agreement will be posted on
the Website. Amendments to the Agreement will take effect immediately
upon being posted to the Website, and User's continued use of the Website
constitutes User's acceptance thereof.
(f) Company may change, suspend or discontinue any aspect of the Website
at any time, including, but not limited to, content, database, hours
of availability, and equipment needed for access or use.
(g) Company may also impose limits on certain features and services
or restrict User's access to parts or the entire Website without notice
3. Intellectual Property Rights
(a) The Website is protected by copyright under United States copyright
laws, international conventions, and other copyright laws. The Company's
logo, slogans, and other distinctive designs are protected by the state,
national, and international laws of trademark, trade dress, and unfair
(b) All materials contained within the Website (the "Content")
are protected by copyright, and are owned or controlled by Company or
the party credited as the provider thereof. User will abide by any and
all additional copyright notices, information, or restrictions contained
in any Content on the Website. User will have certified that the pictures
submitted are of individuals 18 years of age or older and all primary
producers have certified that they have complied with 28 C.F.R. 75 thereby
exempting Company from the record keeping requirements of 18 U.S.C.
2257(a)--(c). Company is not the primary or secondary producer (as defined
in 18 USC section 2257 or subsequent case law) of any of the visual
content contained in the Website.
(c) User MAY NOT download and make copies of the Content and other downloadable
items displayed on the Website for personal, noncommercial use. Copying
or storing of any Content for other than User's personal, noncommercial
use is expressly prohibited without the prior written consent of the
Company or the copyright holder identified in the individual Content's
(d) By posting messages and User Information, uploading files, inputting
data or engaging in any other form of communication (individually or
collectively "Communications") to the Website, User hereby
grants to Company a perpetual, world-wide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit, modify,
edit, prepare derivative works based on, and otherwise exploit such
Communications, subject to Section 4, Privacy, in all manners and in
all media now known or hereafter developed.
(e) User hereby waives all rights to any claim against the Company for
any alleged or actual infringements of any intellectual property rights,
proprietary rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
4. Ownership/Trademarks and Copyright
All content and information included on this site, including, without limitation,
text, graphics, images, designs, artwork, photographs, logos, audio or video clips,
digital downloads, data compilations and software, is the property of, or licensed to,
Company or is the property of Company's content
suppliers or licensors and protected by the laws of the United States and other countries
and international treaties. The compilation of all content on this site is the property
of Company and is protected by the laws of the United States and other countries
and international treaties. Company's marks indicated on this site are registered
trademarks of Company. All other marks that are not owned by Company that
appear on this site, such as those of Company's clients, are the property of their
respective owners, which may or may not be affiliated with or connected to Company.
All of the above marks may not be copied, downloaded or otherwise exploited without the
permission of Company or the owner of such marks.
You are entirely responsible for maintaining the confidentiality and security
of your own information and for all activities that occur during your use
(or anyone authorized by you) of this site including but not limited to physical injuries, mental injuries and death. You agree to indemnify, defend
and hold CKE Media, LLC. and CKE Media, LLC's affiliated companies and their
respective officers, directors, employees and agents harmless from and against
any third-party claims, demands, actions, suits, proceedings, liabilities,
damages, losses, judgments and expenses (including, but not limited to, the
costs of collection, reasonable attorneys' fees and other reasonable costs of
defense or enforcing your obligations hereunder) resulting from or arising out
representations or misuse of this site or of any website linking to this site,
and any claim brought by persons or entities (other than the parties to these
You shall use your best efforts to cooperate with CKE Media, LLC and our
affiliates in the defense of any claim.
7. User's Covenants.
User represents warrants and covenants:
(b)That you are not represented by an agent, manager, or any other third party where
you are under an agreement that would be violated by your use of this site to
self-promote and/or procure employment.
(c)That you are entering this website upon your own accord without the influence of drugs,
alcohol or any other substance which may impair your ability to make sound decisions.
(d)That you understand that Company will not provide or procure the following: career
counseling, contracts, auditions, employment, or monetary compensation for or on behalf of
models including but not limited to advances or commissions. If you are seeking any of the
services as described above, we encourage you to seek representation with a reputable
licensed talent agency.
(e) That User shall not upload post or transmit to or distribute or
otherwise publish through the Website any materials which:
(i) Restrict or inhibit any other user from using and enjoying the Website,
(ii) Are unlawful, threatening, harassing, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit
(iii) Constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law,
(iv) violate, plagiarize, or infringe the rights of third parties, including,
but not strictly limited to, copyright, trademark, patent, rights of
privacy or publicity or any other proprietary rights,
(v) contain any viruses, Trojan horses, worms, time bombs, cancel bots,
or other harmful components that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information,
(vi) Contain any information, software or other material of a commercial
(vii) Contain advertising of any kind, or
(viii) Constitute or contain false or misleading indications of origin
(b) User further promises not to use any device, software or routine
to interfere or attempt to interfere with the proper working of the
Website or any business being conducted on the Website. User may not
take any action which imposes an unreasonable or disproportionately
large load on the Website's infrastructure (e.g., the sending of mass
e-mail or junk mail, known as "Spamming"). User may not disclose
to or share User's account number or password with any third parties
(except for a parent or legal guardian) or use the password for any
unauthorized purposes. User shall not link to the Website in any manner
that would bypass the Website's home page. User shall not "frame"
the Website or any portion thereof.
8. User's Acknowledgments
(a) User acknowledges that the Company is not a Talent Agent or Talent Agency. Company does not receive
compensation from or on behalf of Models. Company only collects website utility fees from Employers who have hired
models through BookAdultModels.com and are billed 48 hours after job completion. Company does not charge
users any fee to subscribe to or join the BookAdultModels.com website.
(b) User acknowledges that the Company may use the Communications for
or royalties from Company in the event that Company uses any such Communications.
(c) User acknowledges that transmissions to and from this Website are
not confidential and that User's Communications may be read or intercepted
(d) User acknowledges that any reliance upon any opinion, advice, statement,
memorandum, information, or other material contained in the Website
or any of its links shall be at User's own risk.
(e) User is responsible for any and all fees, taxes, and expenses which
may be incurred through the use of this Website or as the result of
the purchase of products/services from within it.
(f) User acknowledges that it is Company policy to remove accounts who accrue three occurrences ("3 Strikes") of conduct deemed detrimental to the stakeholders of this website. Should the third occurrence transpire within a rolling twelve month period your account will be immediately deactived at such time. Examples of strikes are included but not limited to no-call/no-shows ("flakes"), misrepresentation of job details to models, compensation not transpiring as stated (e.g. underpayment, bounced checks, offering cash same day and giving post dated checks instead, etc.).
(g) User acknowledges that Company does not endorse the offers Models may receive from Employers. All transactions, contracts, agreements written or verbal between Employers or Models are the responsibility of the parties involved.
(h) User acknowledges there is to be no harassment on this site. If User is reported to be harassing another site member, you will be removed from the site at our discretion.
(i) User acknowledges that it is prohibited to create profiles using the names of individuals or other entities that you do not have the rights to use. Such profiles will be turned over to the rightful owner upon their request and at our discretion.
(a) The Website contains links and pointers to other World Wide Web
Internet sites, resources, and sponsors of the Website. Links to and
from the Website to other third party sites, maintained by third parties,
do not constitute an endorsement by Company or any of its subsidiaries
or affiliates of any third party resources, or their contents.
(b)Profiles are for information purposes only
(c) The Company does not represent or endorse the accuracy or reliability
of any advice, opinion, or other information displayed or distributed
through the Website.
(d) Company is not an author or editor of materials posted to the Website
by users, and Company is not responsible for any such materials posted
(e) Company disclaims any and all responsibility for content contained
in any third party materials provided through links on the Website.
(f) Company's sole responsibility and liability for goods and services
offered through the Website, whether offered by the Company or third
parties, is to refund the purchase price.
10. Dispute Resolution and Choice of Law.
This Agreement shall be governed by the procedural and substantive laws of the State of Nevada, notwithstanding any otherwise applicable choice or conflict of law provisions to the contrary. In the event that the parties cannot negotiate a resolution of any dispute, then the parties agree to submit their dispute to mediation, and then to arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of any meditation or arbitration shall be in Las Vegas, Nevada. The prevailing party in any arbitration shall be entitled to reasonable attorneys' fees and expenses.
11. Equitable Relief.
Notwithstanding the foregoing, User acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by User of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company's rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.
This Agreement shall not be terminated by the merger or consolidation of Company into or with any other entity.
Other than as may be required by law, or governmental authority, the parties agree that neither of them shall publicly divulge or announce, or in any manner disclose to any third party any of the specific terms and conditions of this Agreement and the parties further warrant and agree that none of their officers and directors will do so as well.
Neither party shall assign their rights or delegate their duties hereunder without written consent of the other party. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Paragraph headings, as used in this Agreement, are for convenience only and are not a part hereof, and shall not be used to interpret any provision of this Agreement.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
17. Entire Understanding.
This document constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
18. Unenforceability of Provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given. Notices to Company shall be sent to [Company address and person of attention]. Any party hereto may change its address for purposes of this Paragraph by written notice given in the manner provided herein.
This Agreement may be executed shall be as valid and enforceable under the Uniform Electronic Transactions Act as well as US ESign Act of 2000 as the original signature.
CKE Media Group, LLC
P.O. Box 231955
Las Vegas, NV 89105
21. Disclaimer of Warranty
THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY
AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S
SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK
AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND /OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE,
REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE
OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET
SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE
WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO
NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES
OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.