Terms

Last Updated: 13.03.2024.

Article 1. General

1.1. The website auromodels.com, any mobile versions or successor websites, and any services offered thereon (hereinafter, the “Website”) are the property of Gleenet International Limited, with headquarters at 125 Wood Street, London, United Kingdom, EC2V 7AW, registered in England under number 12353653 (hereinafter, “AUROMODELS”).

1.2. Please read the Terms carefully before you start to use the Website. By clicking to accept or agree to the Terms when this option is made available to you, you agree to the following terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms"). These Terms govern your access to and use of the Website, including any functionality or feature offered on or through the Website, and your use of any text, audio, visual, or audiovisual content posted on the Website (“Content”) posted by any registered user ("User"), including any independent content creator ("Creator"). If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

1.3. These Terms also apply to the other applications, widgets, embedded profiles, social networks, communication between our Users through third party applications, social network "tabs", or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.

1.4. When using the Website, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms.

1.5. Deviations from these Terms are only valid if explicitly agreed upon by AUROMODELS in writing. If AUROMODELS during a short or extended period of time accepts deviations from these Terms, AUROMODELS can at any point demand an immediate strict following of the Terms. You cannot claim any rights from the supple application of these general Terms.

1.6. AUROMODELS has the right to incorporate services provided by third parties during the service provision to you. Any terms which are valid in the relationship between you and AUROMODELS, are also valid for intermediaries and other third parties which have been appealed to by AUROMODELS. Further, you agree to the terms, agreements, or policies published by any of our third party service providers, which are specifically incorporated by reference.

1.7. In case any provision of these Terms has become invalid or removed, the other provisions will remain in place and enforceable.

1.8. AUROMODELS has the right to, at any time, alter the Terms as well as the contents of the Website. The most recent version of the Terms rules the offers, orders, and agreements of AUROMODELS. Changes may be announced on the Website or via email. You must agree to any changes to the Terms to continue using the Website. If you do not agree to any changes to the Terms, you must immediately stop using the Website.

1.9. We reserve the right to revise these Terms at any time, and you agree that all such revisions shall be in force and enforceable upon posting. You will revisit this page on a frequent basis and use the “Refresh” or “Clear Cache” function to check the “Last Updated” date at the top. If the date has changed, then you must review the updated Terms in their entirety, and you must agree to the updated Terms or immediately cease using the Website. If you fail to review these Terms, you assume all responsibility for such omission, and you agree that your failure amounts to your affirmative waiver of your rights to review the updated Terms. We are not responsible for your neglect of your legal rights.

Article 2. About Our Website

2.1. From time to time, AUROMODELS may allow Users to view various types of adult-oriented Content posted by Creators, and AUROMODELS may allow Creators to post and distribute paid adult-oriented Content to our Users. While we may allow Users to post Content, particularly when using the direct messaging feature, Users who are not Creators are not permitted to monetize adult-oriented Content. We reserve the right to disable or delete any Content that violates these Terms or is otherwise objectionable, in our sole discretion.

2.2. The Website may contain links to third-party websites that are not owned or controlled by AUROMODELS. AUROMODELS has no control over, and assumes no responsibility for the contents, privacy policies or practices of any third-party websites. In addition, AUROMODELS will not and cannot censor or edit the contents of any third-party website. By using the Website, you expressly relieve AUROMODELS from all liability arising from your use of any third-party websites. Accordingly, we encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policy of each other third-party website that you visit.

2.3. The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by AUROMODELS, such as the distribution of adult-oriented Content by Creators to Users through authorized channels.

2.4. You understand and acknowledge that when using the Website, you will be exposed to Content from a variety of sources. We reserve the right to monitor all Content for compliance with legal obligations and these Terms. You further understand and acknowledge that you may be exposed to Content that is inaccurate, out of date, incomplete, unsafe, infringing, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AUROMODELS with respect thereto, and agree to indemnify and hold AUROMODELS, its parent corporation, its subsidiaries, its respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Article 3. Ability To Accept Terms

You must be a natural person who is at least 18 years of age or the applicable age of majority under the laws of the jurisdiction in which you reside, and be fully able and competent to read and accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If not, you must leave the Website immediately and are not permitted to use the Website.

Article 4. Access And Registration

4.1 We reserve the right to withdraw or amend the Website or any part thereof, and any functionality, feature, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4.2. You are responsible for making all arrangements necessary for you to have access to the Website.

4.3. You may register for a single account if you meet the requirements set forth herein. You must choose your own screen name which must be unique to you, not offensive to others and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. You will not access the account of any third party, you will not permit any third party to access the Website using your account, and you will not share your log-in credentials with any third party. You are fully responsible for all activities that occur on your account. You agree to notify us immediately of any unauthorized access to or use of your account by contacting us at: [email protected]. You also agree to ensure that you log out of your account at the end of each session. Although AUROMODELS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AUROMODELS or others due to such unauthorized use. You specifically waive any such claim and agree to defend and indemnify us against any such claims made against us by third parties.

4.4. AUROMODELS reserves the right to require you to provide certain registration details or other information as a condition of your use of the Website or any feature thereon. You represent and warrant that all the information that you provide to AUROMODELS or our third-party service providers is correct, current, and complete. It is your duty to inform us in a timely manner of changes necessary to maintain the correctness, currentness, and completeness of such information. If the information you provide is not correct, current, and complete, we may terminate your account, you will forfeit all unpaid and unused funds associated with your account, and you may be subject to legal sanctions. You will review all policies and agreements applicable to use of third-party services.

4.5. In the event you access the Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

4.6. You acknowledge that AUROMODELS reserves the right to charge fees for the functionality and features of the Website or your access to any Content, and AUROMODELS reserves the right to change its fees in its complete and sole discretion.

4.7. You will not access the Website from a jurisdiction that prohibits the production, receiving or viewing of sexually explicit materials.

4.8. We may require you to or request that you provide a valid email address for verification purposes and quality assurance. If you provide an email address, you agree that we may send you emails, both of a transactional nature and also for commercial and promotional purposes.

4.9. You agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a scan of your facial geometry from any Content or verification documents that you provide to us.

Article 5. Duration And Termination

5.1. While sexually explicit and adult-oriented Content is permitted, AUROMODELS reserves the right to decide whether Content is appropriate or violates these Terms for reasons beyond copyright infringement and violations of intellectual property rights. We have the right to suspend or terminate your account, disable any feature on your account, and to remove any Content, without prior notice, at any time, in our sole discretion.

5.2. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can terminate access to the Website or stop providing all or part of the Website to you.

5.3. You can delete your account and terminate these Terms at any time by clicking “Delete My Account” in your account settings.

5.4. If you terminate these Terms, AUROMODELS will be responsible for the termination of the automatic payments.

5.5. These general terms and conditions remain valid between parties until the termination of the Terms has been finalized.

Article 6. Creators

6.1. All Creators are Users, but not all Users are Creators. To become a Creator and to upload and sell adult-oriented Content on the Website, you must provide valid banking information, provide additional identification documents (including a government-issued picture ID in color containing your Date of Birth, expiration date and your full legal name such as a National Passport, National ID card, or International Passport) and tax information at our request, and pass our age and identity verification procedures. We may, in our sole discretion, decline your application to become a Creator for any reason.

6.2. If you are a Creator, certain changes to your personal information such as country of residence, name, minimum payout and birthday can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed or you have any questions regarding this, you must contact our staff by sending an email to [email protected]. All other changes to your information, like your screen name or banking details, can be done by yourself in your account.

6.3. If you are a Creator, you represent and warrant that (i) your adult-oriented Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq., 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”), (ii) you possess and maintain age verification documents required by Section 2257 in a form acceptable to us, (iii) you will continue to maintain originals of these documents in that manner for so long as you maintain an account as a Creator on the Website, plus a term of 7 years, or the length of time required by law (whichever is longer), and (iv) you will provide us with an accurate and legible copy of such documentation immediately upon request. You further consent to the circulation of such records to third parties such as our contractors, affiliates, successors, and sublicensees, at our sole discretion. For so long as you maintain an account as a Creator on the Website and for a period of no less than 7 years thereafter, you will act as the “Custodian of Records” as defined by Section 2257, and you will maintain all records required by Section 2257 at your primary address.

6.4. If you are a Creator, in addition to the Prohibited Uses in Article 9, you will not:

Article 7. Content

7.1. The Website may contain message boards, chat rooms, personal web pages or profiles, playlists, forums, bulletin boards and other interactive features that allow Users to upload, post, create, submit, publish, make available, send, share, communicate, display, or transmit Content. From time to time, AUROMODELS may permit you to submit Content to the Website. AUROMODELS reserves the right to monitor, remove, and refuse to post Content (including Content in direct messages) for any reason without prior notice. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

7.2. You understand that we do not guarantee any confidentiality with respect to your Content.

7.3. Subject to what is permitted under applicable law and these Terms, you are free to choose the type of Content you produce and post or publish. You shall be solely responsible for your own Content and the consequences of posting or publishing such Content. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all of your Content to enable inclusion and use of Content in the manner contemplated by these Terms.

7.4. You retain all of your ownership rights in your Content. However, by submitting Content to the Website, you hereby grant AUROMODELS a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Website (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing parts or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each User a worldwide, irrevocable, perpetual, non-exclusive, royalty free, non-sublicensable, non-transferable license to view and access your Content through the Website, as limited by their purchase of access to certain Content or other features, or by your election for the Content to be publicly available or limited by a paywall. The licenses granted by you herein shall terminate within a commercially reasonable time after you remove or delete your Content or your account. You understand and agree, however, that AUROMODELS may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted.

7.5. By posting Content on the Website, you consent to (i) being depicted in the Content, and (ii) the Content being publicly distributed on the Website.

7.6. We are not responsible for any Content that violates a community’s norms or mores. We expect and demand that you comply with all national, federal, state, provincial and local laws when using the Website and when submitting or posting Content to the Website. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. We cannot enforce every jurisdiction’s laws for all Content that is posted to the Website. As such, we are not responsible for the Content of the Website.

7.7. If we have a reason to suspect that your Content violates any third party rights, including but not limited to any copyright, portrait right, trademark, or property right, we can require you to provide us with written evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you for any accrued costs and damages related to such Content, and the immediate suspension of any and all pending payments from us to you.

7.8. AUROMODELS does not endorse any Content submitted to it by any User or other licensor, nor any opinion, recommendation, or advice expressed therein, and AUROMODELS expressly disclaims any and all liability in connection with Content.

7.9. AUROMODELS does not permit copyright infringing activities on the Website, and AUROMODELS will remove all Content if properly notified that such Content infringes on another’s copyrights according to our Privacy Policy. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA. Copies of our Repeat Infringer Policy are available to Users upon request.

7.10. If you post any Content containing or otherwise provide to us any ideas, suggestions, documents, feedback, comments, requests, or proposals, AUROMODELS will have no obligation of confidentiality, express or implied, with respect to such communications, and AUROMODELS shall be entitled to use, exploit or disclose (or choose not to use or disclose) such communications at our sole discretion without any obligation to you whatsoever. You will not be entitled to any compensation or reimbursement of any kind from us for such communications under any circumstances. All such communications relating should be directed to [email protected].

Article 8. Creator’s Commission

8.1. If you are a Creator, you will be entitled to up to 50% of the revenues generated from the sale of your Content on the Website net of any applicable sales taxes (such as, but not limited to, Value Added Tax). Within certain limits, you are solely responsible for setting the price at which your Content will be sold.

8.2. From time to time, we may offer increased commission percentages as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms of such incentive programs remain in our sole discretion and will be prominently displayed on the Website.

8.3. If you are a Creator, it is your duty and obligation to fulfill all tax obligations to the applicable tax authorities with regard to any commissions earned on the Website. Notwithstanding the foregoing, where legally required, AUROMODELS may withhold the sale taxes and remit them directly to the concerned tax authorities. In such cases, no sale taxes will be paid to you. If AUROMODELS assists you with these obligations, it does not release you from your obligations. Notwithstanding anything to the contrary hereunder, you hereby undertake to hold harmless and to indemnify us, our affiliates and our agents, from any claims made against us by third parties, including tax authorities, in regard of any sale taxes, or any withholding thereof, with respect to your Content purchased by, or licensed to Users.

8.4. If you are a Creator, you will receive a monthly statement that can be viewed on the Website. We will issue payment to you for all commissions earned within the last two weeks less any payment and transfer costs, provided you have met the minimum payout threshold. Any amount below the minimum payout threshold will be carried over to the next pay period, until the minimum payout has been reached. If you elect to receive payment of your commission via Paxum, the minimum payout threshold is $50.00. We may (but are not required to) offer other means of payment from time to time. The minimum payout amount for such other means of payment may vary and will be prominently displayed on the Website.

8.5. If you are a Creator and provide AUROMODELS with incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to you.

8.6. If you are a Creator, you must own or control the account associated with your payment method, and you agree to provide us with information necessary to confirm such ownership or control.

8.7. If you are a Creator and we receive notice of any lien or encumbrance against your account, we may suspend payouts until such lien or encumbrance is satisfied or discharged.

8.8. In the event you violate any part of these Terms, or you violate any third party right, including but not limited to any copyright, property, or privacy right, or where a third party claims that all or any part of your Content caused it damage, we may, at our sole discretion, withhold payments to you indefinitely.

8.9. We may adjust or deduct the monies transferred to your account for any reason, at any time, without advanced notice, including retroactively. Common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors.

Article 9. Prohibited Uses

9.1. You agree that you will only use the Website for the lawful purposes expressly permitted and contemplated by these Terms.

9.2. You will not:

9.3. You must notify us of any User who is suspected of having engaged in any of the above activities within 24 hours after becoming aware of such activities, by sending an email to [email protected].

Article 10. Prices And Payment Method

10.1. If you are a User who has provided valid payment information, you may purchase balance which may be exchanged for Content made available to you through the Website by Creators. We may offer you the opportunity to purchase differing amounts of balance for differing prices. The price of balance is prominently displayed on the Website. Balance have no cash value and are for entertainment purposes only. Balance will be forfeited and deleted from inactive accounts.

10.2. You understand and agree that (i) any account balance may not be returned or paid to you if AUROMODELS becomes insolvent, (ii) we do not pay interest on account balances, and (iii) account balances and all transactions are reported to you through the Website, and we are under no obligation to issue any other report regarding your account balance or transactions.

10.3. Payments are nonrefundable and there are no refunds for unused balance. We reserve the right (but not the obligation) to refund the purchased amount in the event of fraud or technical error, as determined by us.

10.4. All prices for Content are set by Creators and prominently displayed on the Website in USD and include VAT. We reserve the right to allow Creators to change Content prices at any time, in their sole discretion and without liability to you. Any purchased Content will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these Terms.

10.5. The payment of the order is done via any of the accepted payment service providers prominently displayed on the Website. By making a payment, you agree to the general terms and conditions and privacy policies of the accepted payment service provider. If you cannot agree to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, you will not make any purchase.

10.6. If you make a purchase that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold or reverse any funds or proceeds generated from purchases of Content, tips, direct messages, or other features that result in a chargeback or other reversal of payment.

10.7. We may permit you to purchase balance or withdraw commissions in cryptocurrencies. Any purchase or withdrawal in cryptocurrency is irreversible. Refunds for such purchases and withdrawals will be in our discretion and may take the form of cryptocurrency transfer or corresponding cash value. Additional administrative fees may apply to cryptocurrency transactions. By electing to engage in a cryptocurrency transaction, you acknowledge that the value of cryptocurrencies is highly volatile and that there is substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest, potential regulation, and risks associated with hardware, software, Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigation into the value of any cryptocurrency transaction.

10.8. If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing or payment agents immediately of such error. If you do not do so within 30 days after such error first appears on any account statement, the fee or payment in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not timely reported.

10.9. We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on the Website and to review transactions that meet certain thresholds or criteria. We may provide any evidence of such activities to financial regulators or law enforcement. We may prevent you from creating an account, suspend or terminate your account, refuse to process any transaction, or request additional information from you if (i) we suspect that you provided fraudulent account information, (ii) one or more of your transactions is flagged, or (iii) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch list. If you refuse to provide any requested additional information in a timely manner, we will terminate your account.

Article 11. Intellectual Property Ownership

11.1. AUROMODELS and our associated trademarks, service marks, brand names and logos are our intellectual property. Other trademarks, service marks, brand names and logos used on or through the Website, such as trademarks, service marks, brand names or logos associated with third-party Creators, are the trademarks, service marks, brand names or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, brand names or logos.

11.2. The inclusion of images or text containing the trademarks, service marks, brand names or logos or the name, image, or likeness of any person does not constitute an endorsement, express or implied, by any such person of AUROMODELS, or vice versa.

11.3. The Website and the materials posted on the Website by us are intellectual property owned, authored, created, purchased, and/or licensed by AUROMODELS (collectively, our “Works”). “Works” include but are not limited to text, images, pictures, animations and videos posted on the Website by us. Our Works may be protected by copyright, portrait rights, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works. Therefore, you will not use, duplicate, or present our Works without our explicit written permission.

11.4. AUROMODELS hereby grants you a conditional, royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access, view and display the Website and Works solely for your personal use in connection with using the Website.

11.5. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly allowed by AUROMODELS. Such conduct would exceed the scope of your license and constitute copyright infringement.

11.6. From time to time, AUROMODELS may provide an “Embeddable Player” feature, which you may incorporate into your own third-party website for use in accessing the Content from the Website. You may not modify, build upon or block any portion or functionality of the Embeddable Player in any way, including but not limited to links back to the Website.

11.7. The licenses herein are conditioned on your compliance with these Terms, including, specifically, your agreement to view the Website whole and intact as presented by our host, complete with any advertising, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

Article 12. Linking To The Website And Social Media Features

12.1. You may link to the Website from third-party websites, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and complies with the policies of the third-party website. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

12.2. AUROMODELS may provide certain social media features that enable you to:

12.3. You may use these features and access the Content solely as provided by us and in accordance with any additional terms and conditions we provide with respect to such features and Content. Subject to the foregoing, you must not:

12.4. The third-party website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

12.5. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

12.6. We reserve the right to withdraw linking permission without notice.

12.7. We may disable all or any social media features and any links at any time without notice in our discretion.

Article 13. Disclaimer

13.1. You are responsible for all damage caused to third parties by you or by a third-party under your control. You bind yourself to reimburse all damages to which AUROMODELS is sentenced to pay as a result of actions by you or by any third party under your control.

13.2. We make no warranty or representation that the Website will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any disruption, interruption, error or cessation of transmission to or from the Website, and/or (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party.

13.3. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked third-party website. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13.4. AUROMODELS is only liable for direct, foreseeable, personal, and definite damage. We are never liable for indirect damage including, but not limited to, those summed up below:

13.5. In all cases in which the liability is on AUROMODELS, this liability is limited to, at most, three times the price which was paid for the service provision.

Article 14. Indemnification

14.1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AUROMODELS, its parent corporation, its subsidiaries, its respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, portrait right, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

14.2. This defense and indemnification obligation will survive the termination of these Terms. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

14.3. We may, in our discretion, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and to cooperate with or otherwise support the investigation of the law enforcement authorities, such as by disclosing your personally identifying information when the law enforcement authorities request this information. You waive and hold AUROMODELS, its parent corporation, its subsidiaries, respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns harmless from any claims resulting from any action taken by us or any of the foregoing parties during or as a result of such investigations and from any actions taken as a consequence of investigations by either us, such parties or law enforcement authorities. You agree to reimburse us for any legal expenses, costs, or fees incurred if we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities.

Article 15. Applicable Law And Jurisdiction

15.1. On all agreements closed with AUROMODELS, only England law is applied.

15.2. Users: If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of AUROMODELS (including, in both cases, non-contractual disputes or claims) may be brought in the courts of England and Wales or the courts of the country where you live. If you are a consumer resident outside of the United Kingdom and the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of AUROMODELS (including, in both cases, non-contractual disputes or claims) may only be brough in the courts of England and Wales.

15.3. Creators: If you are a Creator, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your access to or use of AUROMODELS.

15.4. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning AUROMODELS (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is earlier), or be forever barred.

Article 16. Misc.

16.1. These Terms form the entire agreement between you and us. It supersedes all prior terms, understandings, and agreements. A printed version of the Terms and of any electronic notice given will be admissible in any proceedings based on or relating to these Terms. Such version of these Terms shall be utilized to the same evidentiary extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16.2. We may assign any rights or delegate any performance under these Terms without notice to you. These Terms inure to the benefit of and are binding on AUROMODELS’s successors and assigns. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

16.3. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

16.4. All rights and remedies provided in these Terms are cumulative and not exclusive. The assertion by a party of any right or remedy will not preclude the assertion of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

16.5. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics and pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software; and unlawful acts of our employees, agents, or contractors.

16.6. Any notice required to be given to you under these Terms may be made by sending an email to the email address associated with your account, a general posting on the Website, or personal delivery by commercial carrier. A notice required to be given to us under these Terms may be made by sending an email to [email protected], unless otherwise specified in these Terms. Notice shall be effective upon delivery.

16.7. You agree to be bound by any affirmation, assent, or agreement you transmit through the Website. You agree that when you click on “I agree” or some similarly worded button, checkbox, or entry field that your agreement will be legally binding and enforceable as the legal equivalent of your signature.

16.8. These Terms and our other policies are written in English. You represent that you understand and assent to the English version of these Terms and our other policies. If you choose to translate these Terms, you do so at your own risk, as only the English version is binding.

16.9. Nothing in these Terms shall be deemed to constitute, create, imply, give effect to or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind. The rights and obligations of the parties shall be limited to those of independent contractors.

16.10. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms.

16.11. We make no representation that the Website is appropriate or available for use in all locations. You may not access or use the Website from territories where the Content or other materials may be illegal or otherwise prohibited. Those who choose to access and use the Website from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms shall be interpreted as an admission that we are subject to the laws of any jurisdiction besides England and Wales.

16.12. You are subject to the laws of the state, province city, country, or other legal entity in which you reside or from which you access and use the Website. THE WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use the Website while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms, and we may suspend or terminate your account without notice. You agree that we cannot be held liable if laws applicable to you restrict or prohibit your use of the Website. We make no representations or warranties, implicit or explicit, as to your legal right to use the Website or any functionality or feature thereon. Nor shall any person affiliated or claiming affiliation with us have any authority to make any such representations or warranties. We reserve the right to restrict access to and use of the Website in any jurisdiction for any reason.