Website Terms Of Use

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BACKGROUND:

 

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.nevada-models.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and You will be specifically bound by these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of our services. Please refer to our Terms of Sale for more information using the appropriate link at the footer of our homepage.

 

  1. Definitions and Interpretation
    • In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means any account required for a User to access and/or use certain areas of Our Site or purchase goods or services, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means any content submitted to Our Site by Users including, but not limited to, Accommodation Provider listing and information, Customer Reviews; and
“We/Us/Our” ZN Global Ltd (Trading as Nevada Models) and who’s registered office is located at 1 Victoria Court, Bank Square, Morley, Leeds, West Yorkshire, LS27 9SE, United Kingdom (hereinafter referred to as “the Company”).
  1. Information About Us
    • Our Site; www.nevada-models.co.uk, is owned and operated by ZN Global Ltd (Trading as Nevada Models) and who’s registered office is located at 1 Victoria Court, Bank Square, Morley, Leeds, West Yorkshire, LS27 9SE, United Kingdom.
    • Our activity; we offer webcam modelling opportunities, model development, support and access to broadcasting via our platform.
  2. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period for example, for scheduled maintenance, updates or third-party intervening actions.
  3. Intellectual Property Rights
    • With the exception of User Content all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    • You may:
      • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      • Download Our Site (or any part of it) for caching purposes on your device;
      • Print one copy of any page(s) from Our Site;
      • Download extracts from pages on Our Site for personal use; and
      • Save pages from Our Site for later and/or offline viewing.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    • You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by Business Users or Consumers.
    • Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  4. User Content
    • This means any emails, testimonials or submissions you make to Us via Our website. You agree that you will be solely responsible for your own User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
    • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you. You may be responsible for any loss or damage suffered by Us as a result of such breach.
    • You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site.
    • If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised by Us. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
    • We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
  5. Links to Our Site
    • You may link to Our Site provided that:
      • you do so in a fair and legal manner;
      • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
      • you do not do so in a way that is calculated to damage Our brand image or reputation or to take unfair advantage of it.
    • You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission.
    • The Framing or embedding of any part of Our Site on other websites is not permitted without Our express written permission. Please contact Us for further information.
    • You may not link to Our Site or cause any redirects, from any other site the main content of which contains material that:
      • is considered obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; exploits minors, discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  1. Links to Other Sites

7.1       Links to other sites may be included on Our Site. Unless expressly stated, these   sites are not under Our control. We neither assume nor accept any responsibility or liability for the content of third-party sites. The inclusion of a  link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  1. Disclaimers
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action that You may be unsure of on the basis of any information provided on Our Site.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a UK resident Consumer, please contact your local Citizens Advice Bureau or Trading Standards Office. If you reside outside of the UK you should contact the equivalent body such as the Better Business Bureau (USA) or other consumer protection body in your own country of residence.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.
  2. Our Liability
    • Any and all liability exclusion applies only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale.
    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    • To the fullest extent permissible by law We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    • Our Site is intended for informational use only. If you are a business user We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, pandemics, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of your consumers legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office. If you reside outside of the UK you should contact the equivalent body such as the Better Business Bureau (USA) or other consumer protection body in your own country of residence.
  3. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 11.1 to 11.2.4 you may be committing a criminal offence under the Computer Misuse Act 1990 (UK) or other computer misuse laws in your country of residence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
  4. Acceptable Usage Policy
    • You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • When submitting User Content (or communicating in any other way using Our Site, our contact forms or any “App”), you must not submit, communicate or otherwise do anything that:
      • is considered obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; exploits minors, discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We reserve the right to suspend or terminate and block your access to Our Site if you materially breach the provisions of Clause 11 (inclusive) or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently or terminate your Account and/or your right to access Our Site;
      • remove any User Content submitted by you that violates our Acceptable Usage Policy;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary particularly with regard to our Human Trafficking & Modern Day Slavery Policy, or the exploitation of minors;
      • any other actions which We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
  5. Privacy, Cookies & Third-Party Marketing

Use of Our Site is also governed by Our Cookie and Privacy Policies, available at the footer of our Homepage. These policies are incorporated into these Terms of Use by this reference. If we feature any advertisements or promotions which may run in conjunction with other brands and businesses, you will have the ability to opt-in or out of this or other such third-party marketing programmes. Such programmes may be subject to certain other terms and conditions which you should be aware of and check if you are unsure.

  1. Changes to these Terms of Use
    • We may alter these Terms of Use at any time. Please keep checking for any updates. Usually the latest version will appear on our Website at the appropriate date and update, ie ‘Jan 2020 – V1’ or ‘V2’ etc. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check you are happy with the terms in order to continue use of the Website.
    • In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  2. Contacting Us

To contact Us, please email Us using any of the methods provided on Our contact page.

  1. Communications from Us
    • If We have your contact details or you have joined our Mailing List We may from time to time send you important notices, offers, news and special promotions by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, any Terms of Sale, and changes to your Account. You will be able to opt-out of any such communications.
    • We will never send you marketing emails of any kind without your express consent and request. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. if you no longer wish to receive communications from us.
    • Any Email marketing options can also be changed by letting us know. If you opt out of receiving communications from us at any time, it may take up to 7 (seven) business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us via our contact page.
  2. Data Protection
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. We will also comply with any other Data Protection regulations or laws that may be applicable in the UK or other jurisdictions where our site is available now or in the future.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
  3. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. You hereby agree to the exclusive jurisdiction of the English Courts.
    • If you are a Consumer, nothing in our disclaimer above takes away or reduces your legal rights as a consumer to rely on any applicable legal protection provisions.
    • If you are a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
    • If you are a Business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
    • These Terms last updated May 2020 and are V1 (version 1).