Effective Date: April 1 2010
These terms and conditions ("Terms"), are a binding contract between Madcowmodels.co.uk ("Madcow" or "we") and you ("you"). You must read and agree to these terms before using the Madcowmodels.co.uk website ("Site") or any site related features or functionality available on, or through, the site (Collectively, "service"). By using the service you agree to these terms.
1. Minimum Age Requirement
You must be no younger than 13 years old to use this service.
For the safety and security of our members, we reserve the right to request a copy of valid Photo ID at any time (accepted examples: Passport, driving license, provisional driving license).
2. Terms Modifications
At any time Madcowmodels.co.uk may change these Terms, which includes any other agreement that is incorporated by reference in these Terms. We will provide notice to you of any change in the Terms by sending you an email to the email address you have stored in your Madcowmodels.co.uk account. Any continued use of the Service 30 days after our notice to you of the change(s) in the Terms will mean that you have agreed to be bound by the amended Terms. "Terms" means, and includes, these Terms and Conditions as amended from time to time in accordance with the section 2(a).
b. Obligation To Keep Current.
It is important that you keep your email contact information stored on the Site correct and updated with Madcowmodels.co.uk at all times. We encourage you to review these Terms regularly.
3.Posting Content On The Site
a. Content Protected By Intellectual Property Rights.
Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of Madcowmodels.co.uk or its licensors, including our users. Madcowmodels.co.uk needs your permission before we can use your photos on our website, which is why we need the limited, revocable, nonexclusive license described below in Section 4.B.
b. Warranties Regarding Your Content.
By displaying or publishing ("posting") any content on the Service, you warrant and represent the following:
i. there are no license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content on the Service;
ii. you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Madcowmodels.co.uk described in these Terms;
iii. your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party; and
iv. you have sufficient rights in your Content to post it to the Service and to grant to Madcowmodels.co.uk the limited license described in these Terms;
Building An Account To Post Content.
To post content on the Site, you must first complete the sign up process to create an account and profile with a membership ID and password ("Account").
You may not share your password with anyone unless you are under eighteen (18), in which case you may share your password with your parents or legal guardians.
Your Account is non-transferable and non-assignable.
You must always provide complete and current information to Madcowmodels.co.uk for the Service, you must update the information in a timely manner to maintain completeness and accuracy. Any use of the Service through your Account will be deemed as being used by you. Madcowmodels.co.uk is entitled to reply on the contact and any other information supplied to us through your account.
4.Ownership Of Rights
a. Ownership of Content.
Madcowmodels.co.uk does not claim any ownership interest in any Content that you post to the Service. Of course, Madcowmodels.co.uk needs our Users' permission to use your Content on the Service, which is the reason we need the nonexclusive, limited license to your Content set forth in Section 4(B.).
b. Your License to Madcowmodels.co.uk.
i.When you post User Photos to the Service, you hereby grant Madcowmodels.co.uk a limited, revocable, perpetual (subject to your right of revocation), worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), and advertise around the User Photos. This limited license only allows Madcowmodels.co.uk to use your User Photos on or through the Service. In addition, you hereby grant Madcowmodels.co.uk the limited permission to modify your User Photos for technical purposes to enable the display of the User Photos on or through the Service. For example, we may need to compress a photo image to create a thumbnail. For clarification, the limited license to modify your User Photos for technical purposes does not permit Madcowmodels.co.uk to make modifications to your User Photos for creative purposes. Also, this limited license does not permit Madcowmodels.co.uk to distribute your User Photos in any way other than on and through the Service.
ii. As consideration for your limited license of your User Photos to Madcowmodels.co.uk, Madcowmodels.co.uk will provide you with prominent attribution for your contribution where supplied. You agree that the commitments made to you by Madcowmodels.co.uk in these Terms satisfy in full our obligations to you under the doctrine of "moral rights" under the laws of any jurisdiction in Content you submit or make available on or through the Service.
iii. For Content that you post to the Service that is User Text, you hereby grant Madcowmodels.co.uk an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly display, and advertise in and around such User Text. You also give us a limited license to modify your User Text to the extent we deem useful to improve the Service by, for example, updating various size conversions submitted together with your profile.
iv. For Content consisting of your User Photos, you may remove such Content from the Service and terminate your license to us at any time. If you want Madcowmodels.co.uk to stop using your User Photos, simply send us written notice or an email at email@example.com requesting us to stop distributing such materials, in which event we will stop using your User Photos within 14 days. So that we can quickly identify the User Photos you want removed from the Service, your notice must clearly identify the Content at issue. The 14 day period for Madcowmodels.co.uk to stop distributing your Content begins only once Madcowmodels.co.uk has received a notice complying with the requirements of this Section 4(C). Madcowmodels.co.uk will remove your User Text from the Service upon written request from you if doing so would not interfere with other users' ability to enjoy the Service. For example, a request to remove all of your User Text from a long string of interactive forum posts could render the entire forum unintelligible and eliminate the ability of the other users of the Site to read and enjoy that forum.
c. No Use Outside License.
Madcowmodels.co.uk will not use your Content outside the scope of the license in Section 4 without your express written consent.
d. User Contact
When you submit ideas, contributions, documents, or proposals (collectively, "Submissions") to Madcowmodels.co.uk you represent, agree and warrant that:
i. Your Submissions do not include proprietary information;
ii. if we so choose, We may use or disclose your Submissions in any way;
iii. We have no obligation to reimburse or pay you for your Submissions, or our use of your Submissions.
You must not post to the service, any content that as determined by Madcowmodels.co.uk, is or appears to be:
i. infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
ii. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
iii. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
iv. unsolicited, undisclosed or unauthorized advertising;
v. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
vi. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
vii. in violation of any applicable local, national or international law (including export laws).
6. Prohibited Conduct
You must not, or attempt to, do any of the following, subject to applicable law :
i. access, tamper with, or use services or areas of the Service that you are not authorized to access;
ii. alter information on or obtained from the Service;
iii. access or use the Service in any way that is not in compliance with any applicable local, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a sort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
iv. tamper with postings, registration information, profiles, submissions or Content belonging to Madcowmodels.co.uk or other users of Madcowmodels.co.uk;
v. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"
vi. impersonate or misrepresent your affiliation with any person or entity;
vii. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Madcowmodels.co.uk or specifically permitted on the Site;
viii. reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
ix. take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service; or
x. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient.
7. Service Content Monitoring
a. Right to Resolve Disputes.
Madcowmodels.co.uk has the right, but not the obligation to resolve disputes between users relating to the Service and Madcowmodels.co.uk's resolution of a particular dispute does not create an obligation to resolve any other dispute. Madcowmodels.co.uk's resolution of any dispute is final with respect to the Service.
b. No Duty to Monitor.
Although we strive to maintain high standards for Content which we have set for ourselves, we are under no obligation to regularly monitor the accuracy or reliability of the Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Madcowmodels.co.uk. Madcowmodels.co.uk neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service. However, we reserve the right to modify or remove any Content at any time. Our limited right to modify Content submitted by our Users is described in Section 4.B. above.
8. Protection of Content
a. License by Madcowmodels.co.uk to You.
You must respect the intellectual property laws protecting our Service. Madcowmodels.co.uk grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Madcowmodels.co.uk has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
b. Reservation of Rights.
Your ownership rights in your Content are unaffected by your posting that Content to the Service. For all other Content on the Service Madcowmodels.co.uk reserves all rights Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content that is not yours, including any software, without prior written consent from Madcowmodels.co.uk or other third-party owner of the rights in that Content (if any).
10. Modifications To The Service.
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may remove any user-posted Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, discontinuance or removal.
11. Termination and Cancellation.
a. Right to Terminate.
We may, at any time, and without notice or refund to you, terminate your access to the Service and your Account, or block your access to the Service if:
i. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Madcowmodels.co.uk, our users, or any other person;
ii. requested by law enforcement or other government agencies; or
iii. your Account has extended periods of inactivity.
b. Notice to Termination.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
c. Effect of Termination
You agree to hold Madcowmodels.co.uk, and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, suppliers, crew volunteers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) any unauthorized access to and use by you of the games, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Madcowmodels.co.uk's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Madcowmodels.co.uk to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.
13. Disclaimer of Warranties.
Madcowmodels.co.uk provides the service "as is" and "as available". To the maximum extent permitted by law, Madcowmodels.co.uk makes no representations, warranties or conditions of any kind, express or implied, as the operation of the service or the information, games, software, or content included in the service. Madcowmodels.co.uk makes no representations or warranties that the service will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, Madcowmodels.co.uk expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitiations on implied warranties, therefore some of the above limitations may not apply to you. we urge you to keep backup copies of your personal content, if any, that you maintain on or use with the service. if your use of the service results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.
14. Exclusion of Damages.
To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to us.
15. Copyright Infringement.
a. Copyright Infringement
Madcowmodels.co.uk respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing us with the following information:
i.the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
ii. identification of the copyrighted work that you claim has been infringed;
iii. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Madcowmodels.co.uk to locate the material (for example, by providing a URL to the material);
iv. your name, address, telephone number, and email address;
v. 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
vi. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
b. Contacting Us
Our designated email to receive notification of claimed infringement is firstname.lastname@example.org
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
Madcowmodels.co.uk may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
16. Additional Terms.
a. Compliance with Laws.
You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
b. No Agency No Third Party Beneficiary
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
d. Agreement to Conduct Transactions Electronically.
All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Madcowmodels.co.uk. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Madcowmodels.co.uk will be null and void. Madcowmodels.co.uk has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
f. Limitations on Actions.
Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.