Megamodel.nl General Terms

These general terms are written in English. If you want a translation please contact us. Do not agree to these terms if you do not understand their full meaning. The English general terms will overrule all translations.

This Statement of General terms ("Statement") derives from the Megamodel.nl Principles, and governs our relationship with users and others who use, work, interact or do business with Megamodel. By using or accessing Megamodel, you automaticly agree to this statement. By violating these guidelines you will be hold responsable and follow all applicable laws.

1. Safety

We do our best to keep Megamodel safe, but as everything on a public place we cannot 100% guarantee it. We need your help to keep Megamodel save, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Megamodel.
2. You will not collect users' content or information, or otherwise access Megamodel, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Megamodel.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, incites violence or contains or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Megamodel without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
10. You will not use Megamodel to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of Megamodel, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.


2. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Megamodel to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

3. Sharing Your Content and Information

You own all of the content and information you post on Megamodel, and you can control how it is shared through your privacy and application settings. In addition:
1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content you post on Megamodel for our own goals. We may not sell you content to potential buyers.
2. 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 privacy and application 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 Megamodel ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
3. 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).
4. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
5. We always appreciate your feedback or other suggestions about Megamodel, 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).


4. Registration and Account Security

Megamodel 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 Megamodel, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Megamodel if you are under 13 or have explicit approval from your parents.
6. You will not use Megamodel if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).


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 Megamodel that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Megamodel if we believe that it violates this Statement.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
6. If you collect information from users, you will: obtain their consent, make it clear you (and not Megamodel) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not post anyone's identification documents or sensitive financial information on Megamodel.
8. You will not send email invitations to non-users without their consent.


6. Mobile

1. In the event you change or deactivate your mobile telephone number, you will update your account information on Megamodel within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
2. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Megamodel, as well as your name and profile picture.


7. Making Purchases

1. When you confirm a transaction on Megamodel, you agree to be bound by and pay for that transaction.
2. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
3. Don’t commit to a transaction unless you are ready to pay, because all sales are final.
4. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
5. When you purchase a virtual gift from our gift shop, we commit to posting the gift and any accompanying message from you on the recipient's profile (or sharing it privately if you choose). Our obligation ends when we deliver the gift and message.
6. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
7. Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and credits, we don’t transfer an ownership interest in those items. For example, the virtual gifts we make available through our gift shop are licensed to you, not sold.
8. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH MEGAMODEL.


8. Payment Sources

1. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
2. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
3. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
4. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.


9. Purchasing and Using Credits

You may purchase credits from Megamodel to purchase virtual goods, or to send gifts or special messages to other users.

1. When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on Megamodel, such as the purchase of a virtual gift.
2. Purchases of credits are non-refundable.
3. You will not sell credits to anyone, or transfer them to anyone outside of Megamodel.
4. We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits.
5. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
6. If you leave a balance of credits unused for one year, we may redeem those credits by sending virtual gifts to your Megamodel friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).
7. If you deactivate your account and do not reactivate it within 1 month, or if you delete your account, you will lose any accumulated credits.
8. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 1 month, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions).


10. Actions We May Take

As part of our effort to keep Megamodel safe, we may take certain actions to reduce liability for users and us.

1. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
2. We may cancel any transaction if we believe the transaction violates this agreement, or we believe doing so may prevent financial loss.
3. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
4. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
5. We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities.
6. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.


11. Disputes and Reversals

1. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
2. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
3. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
4. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
5. We may intervene in disputes between users concerning payments but have no obligation to do so.
6. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.


12. Special Provisions Applicable to Advertisers

1. When you purchase advertising on or through Megamodel, you agree to pay all amounts specified in the order, along with any applicable taxes.
2. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
3. You can cancel an advertising order at any time by contacting us, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
4. Without limiting section 10.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
5. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.


13. Notices and Amendments to These Payments Terms

1. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
2. The General Terms in place at the time you confirm a transaction will govern that transaction.
3. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Section 12 of the Statement of Rights and Responsibilities.


14. Getting paid

1. Models will have the ability to exchange credits (coins, tokens or what name we use for virtual money bound to your Megamodel account) for money. We will use the convert rate that is active at the of exchange even when the money is paid later with another exchange rate.
2. We have the right to modify the exchange rate any time. You agree to the current exchange exchange right by making the exchange.
3. Exchanged credits will normaliy be paid within 1 month. We hold the right to extend this period with 4 months.
4. We hold the right to block (for a period of time) the option to exchange credits or to change the minimal exchange amount.
5. When you believe a mistake was made at a transaction (for instance you believe you did not receive the right amount of money) you must contact us imidiatly so we can correct this. You may never sue us for payment made.
6. Final payments are except taxes. Taxes may differ per country.


15. Other payment facts

1. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them.
2. Some countries may restrict or prohibit your ability to make payments through Megamodel. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.


16. Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:
1. We give you permission to use Megamodel's Share Link button so that users can post links or content from your website on Megamodel.
2. You give us permission to use and allow others to use such links and content on Megamodel.
3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Megamodel.


17. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Megamodel Platform Policies and our Advertising Guidelines.
2. Your access to and use of data you receive from Megamodel, will be limited as follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in the Developer Application.
3. You will not use, display, share, or transfer a user’s data in a manner inconsistent with your privacy policy.
4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
5. You will not include data you receive from us concerning a user in any advertising creative.
6. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
7. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
8. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
9. We can limit your access to data.
10. You will comply with all other restrictions contained in our Megamodel Platform Policies.
3. You will not give us information that you independently collect from a user or a user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on Megamodel.
8. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
10. You will not misrepresent your relationship with Megamodel to others.
11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Megamodel Platform Policies.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if applicable):
1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Megamodel. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with Megamodel, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or frame your application, and place content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or otherwise compete with, your application.


18. About Advertisements and Other Commercial Content Served or Enhanced by Megamodel

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 give us permission to use your name and profile picture in connection with content like commercial, sponsored, or related content (such as a brand you like).
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.


19. Special Provisions Applicable to Advertisers

1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
2. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
3. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
4. You will pay for your Orders in accordance with our Terms of use. The amount you owe will be calculated based on our tracking mechanisms.
5. Your ads will comply with our Advertising Guidelines.
6. We will determine the size, placement, and positioning of your ads.
7. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
8. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity.
9. You can cancel your Order at any time, but it may take a while before the ad stops running. You are responsible for paying for those ads.
10. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
11. We can use your ads and related content and information for marketing or promotional purposes.
12. You will not issue any press release or make public statements about your relationship with Megamodel without written permission.
13. We may reject or remove any ad for any reason.
14. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
15. You warrant that you have the legal authority to bind the advertiser to this Statement.
16. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
17. Special Provisions Applicable to Pages If you create or administer a Page on Megamodel, you agree to our Pages Terms.


20. Amendments

1. We can change this Statement if we provide you notice (by posting the change on the Megamodel Site) and an opportunity to comment. To get notice of any future changes to this Statement, visit our Megamodel Site.
2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.


21. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Megamodel to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.


22. 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 Megamodel exclusively in a state or federal court located in the Netherlands. The laws of the Netherlands 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 the Netherlands for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Megamodel, 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 Megamodel UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Megamodel "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 MEGAMODEL WILL BE SAFE OR SECURE. MEGAMODEL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA 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. 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 MEGAMODEL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Megamodel WILL NOT EXCEED THE GREATER OF TWENTY DOLLARS ($20) 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, Megamodel'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


23. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Megamodel (such as advertising or payments) or operate a Platform application or website.
3. Certain specific terms that apply only for German users are available here.


24. Definitions

1. By "Megamodel" we mean the features and services we make available, including through (a) our website at www.Megamodel.nl and any other Megamodel branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform;
(c) social plugins, a share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Megamodel or provide data to us.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on Megamodel that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from Megamodel or provide to Megamodel through Platform.
6. By "post" we mean post on Megamodel or otherwise make available to us (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into Megamodel at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.


25. Other

1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Megamodel. Otherwise, this Statement is an agreement between you and Megamodel Ireland Limited. References to us, we, and our mean either Megamodel, Inc. or Megamodel Ireland Limited, as appropriate.
2. This Statement makes up the entire agreement between the parties regarding Megamodel, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. 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.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. You will comply with all applicable laws when using or accessing Megamodel.



You may also want to review the following documents:

* Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.