Terms

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with ModelsHotel. By using or accessing ModelsHotel, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy (located at http://www.modelshotel.com/privacy) to make important disclosures to you about how we collect and use the information you post on ModelsHotel. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on ModelsHotel, and you can control how we share your content through your personal settings (http://www.modelshotel.com/member/settings). In order for us to use certain types of content and provide you with a personalized experience on ModelsHotel, you agree to the following:

1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your personal settings (http://www.modelshotel.com/member/settings): you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ModelsHotel ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. We always appreciate your feedback or other suggestions about ModelsHotel, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep ModelsHotel safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).

2. You will not collect users' information, or otherwise access ModelsHotel, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

3. You will not upload viruses or other malicious code.

4. You will not solicit login information or access an account belonging to someone else.

5. You will not bully, intimidate, or harass any user.

6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.

8. You will not use ModelsHotel to do anything unlawful, misleading, malicious, or discriminatory.

9. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

ModelsHotel users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on ModelsHotel, or create an account for anyone other than yourself without permission.

2. You will not use ModelsHotel if you are under 13.

3. You will not use ModelsHotel if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

4. You will not use ModelsHotel if you are a convicted sex offender.

5. You will keep your contact information accurate and up-to-date.

6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

7. You will not transfer your account to anyone without first getting our written permission.

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

1. You will not post content or take any action on ModelsHotel that infringes someone else's rights or otherwise violates the law

2. We can remove any content you post on ModelsHotel if we believe that it violates this Statement.

3. If you believe that your intellectual property rights are being infringed please contact the ModelsHotel FrontDesk at frontdesk@modelshotel.com for assistance.

4. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, please contact the ModelsHotel FrontDesk at frontdesk@modelshotel.com for assistance.

5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

6. You will not use our copyrights or trademarks (including ModelsHotel, the ModelsHotel Logo, RoomKey) without our written permission.

7. If you collect information from users, you will: obtain their consent, make it clear you (and not ModelsHotel) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

8. You will not post anyone's identification documents or sensitive financial information on ModelsHotel.

6. About Advertisements on ModelsHotel

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

1. You can use your personal settings at http://www.modelshotel.com/member/settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

2. We do not give your content to advertisers.

3. You understand that we may not always identify paid services and communications as such.

7. Amendments

1. We can change this Statement so long as we provide you notice through ModelsHotel (unless you opt-out of such notice) and an opportunity to comment.

2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

8. Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of ModelsHotel to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the provisions hereof will still apply.

9. Disputes

1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or ModelsHotel in a state or federal court located in New York, New York. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York, New York for the purpose of litigating all such claims.

2. If anyone brings a claim against us related to your actions or your content on ModelsHotel, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

3. WE TRY TO KEEP MODELSHOTEL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MODELSHOTEL "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MODELSHOTEL WILL BE SAFE OR SECURE. MODELSHOTEL IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MODELSHOTEL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MODELSHOTEL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MODELSHOTEL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Definitions

1. By "ModelsHotel" we mean the features and services we make available, including through (a) our website at www.ModelsHotel.com and any other ModelsHotel branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.

2. By "us," "we" and "our" we mean Fashtivity, Inc. and/or its affiliates.

3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from ModelsHotel and provide data to us relating to ModelsHotel users.

4. By "content" we mean the content and information you post on ModelsHotel, including information about you and the actions you take.

5. By "post" we mean post on ModelsHotel or otherwise make available to us.

6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

11. Other

1. This Statement makes up the entire agreement between the parties regarding ModelsHotel, and supersedes any prior agreements.

2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

3. If we fail to enforce any of this Statement, it will not be considered a waiver.

4. Any amendment to or waiver of this Statement must be made in writing and signed by us.

5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7. Nothing in this Agreement shall prevent us from complying with the law.

8. This Statement does not confer any third party beneficiary rights.