Modeling Hawaii

    Terms of Service

    Terms of Service for Modeling Hawaii LLC
    The Modeling Hawaii name are trademarks of Modeling Hawaii
    Modeling Hawaii uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

    If you require any more information or have any questions about our Terms of Service, please feel free to contact us at contact@modelinghawaii.com.
    Introduction

    These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

    You must be at least 16 [sixteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 16 years of age.
    License to use website

    Unless otherwise stated, ModelingHawaii.com and/or its licensors own the intellectual property rights published on this website and materials used on ModelingHawaii.com. Subject to the license below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

    You must not:

    post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic photos via the Service;
    republish material from this website in neither print nor digital media or documents (including republication on another website);
    sell, rent or sub-license material from the website;
    show any material from the website in public;
    reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
    edit or otherwise modify any material on the website;
    redistribute material from this website - except for content specifically and expressly made available for redistribution; or
    republish or reproduce any part of this website through the use of iframes or screenscrapers.
    accept or make a payment for Booking Fees outside Modeling Hawaii Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Modeling Hawaii harmless from any liability for such payment.
    Modeling Hawaii has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Modeling Hawaii may take a range of actions against you, including but not limited to deactivating or canceling your Modeling Hawaii Account, for a violation of this Section or these Terms.

    Where content is specifically made available for redistribution, it may only be redistributed within your organization.
    Acceptable use

    You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of ModelingHawaii.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities on or in relation to this website without ModelingHawaii.com's express written consent.
    This includes:

    scraping
    data mining
    data extraction
    data harvesting
    'framing' (iframes)
    Article 'Spinning'

    You must not use this website or any part of it to transmit or send unsolicited commercial communications.

    You must not use this website for any purposes related to marketing without the express written consent of ModelingHawaii.com.

    Restricted access

    Access to certain areas of this website is restricted. ModelingHawaii.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. ModelingHawaii.com may change or modify this policy without notice.

    If ModelingHawaii.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

    ModelingHawaii.com may disable your user ID and password at ModelingHawaii.com's sole discretion without notice or explanation.
    User content

    In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

    You grant to ModelingHawaii.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ModelingHawaii.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ModelingHawaii.com or a third party (in each case under any applicable law).

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    ModelingHawaii.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of ModelingHawaii.com, or hosted or published upon this website.

    Modeling Hawaii knows that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on Modeling Hawaii.

    All content is actively monitored on Modeling Hawaii. If users find content that they think violates our terms and conditions they can flag it. The content will be removed from Modeling Hawaii and an investigation will be launched to determine if the content violates our terms and conditions.

    Modeling Hawaii takes a zero tolerance to content that violates our terms and conditions. If a user is found violating these terms and conditions they will be banned and removed from the site permanently.

    No warranties

    This website is provided “as is” without any representations or warranties, express or implied. ModelingHawaii.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

    Without prejudice to the generality of the foregoing paragraph, ModelingHawaii.com does not warrant that:

    this website will be constantly available, or available at all; or
    the information on this website is complete, true, accurate or non-misleading.

    Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
    Limitations of liability

    ModelingHawaii.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

    to the extent that the website is provided free-of-charge, for any direct loss;
    for any indirect, special or consequential loss; or
    for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

    These limitations of liability apply even if ModelingHawaii.com has been expressly advised of the potential loss.
    Exceptions

    Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Modeling Hawaii in respect of any:

    death or personal injury caused by the negligence of ModelingHawaii.com or its agents, employees or shareholders/owners;
    fraud or fraudulent misrepresentation on the part of ModelingHawaii.com; or
    matter which it would be illegal or unlawful for ModelingHawaii.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

    Reasonableness

    By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

    If you do not think they are reasonable, you must not use this website.
    Other parties

    You accept that, as a limited liability entity, ModelingHawaii.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ModelingHawaii.com's officers or employees in respect of any losses you suffer in connection with the website.

    Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ModelingHawaii.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ModelingHawaii.com.
    Unenforceable provisions

    If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
    Indemnity

    You hereby indemnify ModelingHawaii.com and undertake to keep ModelingHawaii.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ModelingHawaii.com to a third party in settlement of a claim or dispute on the advice of ModelingHawaii.com's legal advisers) incurred or suffered by ModelingHawaii.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
    Breaches of these terms and conditions

    Without prejudice to ModelingHawaii.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, ModelingHawaii.com may take such action as ModelingHawaii.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
    Variation

    ModelingHawaii.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
    Assignment

    ModelingHawaii.com may transfer, sub-contract or otherwise deal with ModelingHawaii.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
    Severability

    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    Entire agreement

    These terms and conditions, together with ModelingHawaii.com's Privacy Policy constitute the entire agreement between you and ModelingHawaii.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
    Law and jurisdiction

    These terms and conditions will be governed by and construed in accordance with the laws of HAWAII, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of HAWAII, USA.
    About these website Terms of Service

    We created these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.
    Registrations and authorizations
    ModelingHawaii.com's details

    The full name of ModelingHawaii.com is Modeling Hawaii LLC.

    You can contact ModelingHawaii.com by email at our email at contact@modelinghawaii.com