Welcome to "ModelLauncher.com" (the "Site"). Thank you for visiting and have a great time!
How To Contact Us.
This Site is controlled and operated by Model Launcher, a Florida Limited Liability Company, 900 Biscayne Blvd, 4th Floor, Miami, FL 33132 ("Model Launcher"). Please forward any complaints, questions or general correspondence to [email protected]
Your Registration. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we at Model Launcher believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
Online Privacy. Notice Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site.
Trademarks and Copyrights. This Site and all materials incorporated by Model Launcher on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Model Launcher on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Model Launcher or others ("Trademarks"). Model Launcher respects the intellectual property rights of others and asks users of this Site to do the same.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Model Launcher. Any authorization to copy Material granted by Model Launcher in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ModelLauncher.com AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON ModelLauncher.com ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Model Launcher AND ModelLauncher.com DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Model Launcher NOR ModelLauncher.com DOES WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Model Launcher'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Model Launcher DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN ModelLauncher.com OR ANY SITES LINKED TO ModelLauncher.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Model Launcher MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN ModelLauncher.com WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF ModelLauncher.com. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability. ModelLauncher.com DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, ModelLauncher.com OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON ModelLauncher.com. REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Model Launcher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Model Launcher AND/OR ModelLauncher.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF Model Launcher OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. Model Launcher DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF Model Launcher. Model Launcher MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
1. RESTRICTIONS ON USE OF MATERIALS
All information, content and materials contained on Model Launcher Network Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from any Model Launcher Network Site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from any Model Launcher Network Site. The use of any information, content or materials on a Model Launcher Network Site on any other Web site or computer environment is prohibited.
Model Launcher Network Sites are only for your personal use. You may not use Model Launcher Network Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
In the event that you download software from any Model Launcher Network Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein.
You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from Model Launcher Network Sites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any Model Launcher Network Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
2. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any Model Launcher Network Site (or any portion thereof).
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on any Model Launcher Network Site (including, without limitation, games, sweepstakes, contests, promotions and Public Forums), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User-Generated Content") through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the "Submissions"), we (and our licensees, distributors, agents, representatives and other authorized users)shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity.
If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on Model Launcher Network Sites, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions.
To the extent that we solicit Submissions through features or activities on Model Launcher Network Sites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
4. TERMS OF CONDITIONS FOR SUBMISSIONS
You acknowledge that anything you submit to a Model Launcher Network Site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
By submitting a photograph, story, video, or other materials (a Submission) to a website owned and/or operated by Model Launcher Network as part of a specific request for submissions on a Website (a Promotion), you hereby grant Model Launcher Network (Model Launcher), and its affiliates, subsidiaries, assigns, licensees, employees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, license, edit, market, store, distribute, display, perform, transmit, create derivative works based upon, and promote the Submission through the Website and such other products or services as Model Launcher may designate in any medium now known or hereafter devised, in all languages, throughout the universe for editorial, commercial, promotional, and all other purposes, including, without limitation, the right to reproduce and distribute the Submission for promotional purposes in broadcast, print, or other media. Website as used herein shall mean ModelLauncher.com, or any other website owned and/or operated by Model Launcher. You agree that Model Launcher owns all right, title, and interest in any compilation, collective work, or other derivative work created by Model Launcher using or incorporating the Submission. Model Launcher shall have the right to use any edited Submission, or parts of a Submission, without your approval and you waive any right to inspect or approve any uses of the Submission. You waive any right of attribution and/or right of integrity in the Submission. Model Launcher has no obligation to acknowledge receipt of your Submission or to return the Submission to you.
You represent and warrant that (i) the Submissions is your own original work, (ii) the Submission shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, and (iii) You have the right to grant any and all copyright and other related rights to the Submission, free and clear of all claims and encumbrances, and without violating the rights of any person or entity, including any right to privacy or publicity. You agree to defend, indemnify, and hold Model Launcher harmless from and against any claim, demand, cause of action, damages, liabilities of any kind, and reasonable attorney fees that may arise out of or in connection with the Submissions.
You agree that no sum shall be due to you for agreeing to this license and release and Model Launcher will not be obligated to pay you or any third party any sum whatsoever, regardless of the time or method of any future use of the Submission. Model Launcher has no obligation to publish, exhibit, or otherwise use your Submission in any manner. Model Launcher reserves the right to pull any Submission at any time and for any reason. If you are contacted by the press to comment on your participation in the Promotion, you agree that you will not give any statements or hold yourself out as a representative of Model Launcher or the Promotion without first obtaining written permission from Model Launcher. You hereby represent that You are 18 years of age or older. This License and Release shall be governed by the laws of the state of California and The United States, excluding conflicts of law principles.
5. HOUSE RULES [RULES OF CONDUCT]
The following is a list of House Rules applicable to Model Launcher Network Sites. By using Model Launcher Network Sites, you agree that:
5.1. You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 3 labeled "SUBMISSIONS");
5.3. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on any Model Launcher Network Site (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
5.4. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Model Launcher Network Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Model Launcher Network Sites;
5.5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
5.6. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
5.7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
5.8. You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
5.10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
To the extent that any feature on a Model Launcher Network Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.
WE MAY CHANGE Model Launcher NETWORK SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
6. OUR CONTENT REMOVAL RIGHTS
THE INFORMATION, CONTENT AND MATERIALS ON Model Launcher NETWORK SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY Model Launcher NETWORK SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Model Launcher NETWORK SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY Model Launcher NETWORK SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY Model Launcher NETWORK SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Model Launcher Network Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Model Launcher Network Site or third-party information, content or materials contained on our sites (including, and without limitation to, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10. GENERAL PROVISIONS
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: Model Launcher Network
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should be Sent: 900 Biscayne Blvd, 4th Floor, Miami, FL 33132
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any Model Launcher Network Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Model Launcher Network may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
LIMITATIONS OF LIABILITY OF THIRD PARTY TECHNOLOGIES
Submissions, Postings and E-mails Model Launcher is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send Model Launcher any unsolicited submissions.
In any event, any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Model Launcher) or privately transmitted on or through this Site are the sole responsibility of the sender, not Model Launcher, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at Model Launcher and ModelLauncher.com require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (c) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (d) violates any law or may be considered to violate any law; (e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (f) advocates or promotes illegal activity; (g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; (i) solicits funds, advertisers or sponsors; (j) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; (l) copies any other pages or images on this Site except with appropriate authority; (m) includes MP3 format files; (n) amounts to a 'pyramid' or similar scheme; (o) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or (q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Model Launcher anywhere on this Site (e.g., on any web space made available for your use).
System Abuse. Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Security. Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Model Launcher shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Model Launcher considers insecure, Model Launcher will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Model Launcher reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Service. In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
Model Launcher reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Local Regulations. Model Launcher makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Indemnity. You agree to indemnify and hold harmless Model Launcher and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Model Launcher's servers, and/or from any and all use of your account.
Our Use of Content. Model Launcher will consider anything you provide to Model Launcher and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see 'Submissions, Postings and E-mails' above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
Third-Party Sites. This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Model Launcher, and you acknowledge that (whether or not such sites are affiliated in any way with Model Launcher) Model Launcher is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Model Launcher or any association with its operators.
Model Launcher cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from ModelLauncher.com since other shop channels are owned and operated by independent retailers. Model Launcher does not endorse any of the merchandise, nor has Model Launcher taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Model Launcher does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues. The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Model Launcher Network, LLC from its offices within the State of California, United States of America.
Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at Model Launcher want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.
(a) your name, address, telephone number, and e-mail address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of each place where alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent Model Launcher Network, 900 Biscayne Blvd, 4th Floor, Miami, FL 33132
Model Launcher seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Social Media Disclosure and Relationships Statements
The individuals represented within the microblogging (Twitter) environments, including but not limited to: http://www.twitter.com/ModelLauncher
Are considered "official" personalities with whom Model Launcher have existing relationships. Any and all coverage (tweets, retweets) is ultimately for the purpose of promoting the television properties with which they are associated. Commercial endorsements are never the intended usage of this communication (for example: featuring a cast member on the cover of a magazine). Rather, these messages are created to provide a valuable marketing service to fans of our television shows.
Facebook Status Updates within our various environments are carefully crafted by studio executives to provide a service to the end user. They are for the sole purpose of promoting contests. On occasion, a status update may contain a sponsor message. This is because the studio or network has entered a relationship with a particular advertiser for the purpose of developing relevant and valuable content to our end users.