Terms and Conditions
JMB MODEL MANAGEMENT, LLC maintains the www.JMBModelManagement.com website (the "Website") to supply information about our services. The Website provides resources and information for casual visitors and for our clients & models (collectively, "Users"). By using the Website you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Website.
If you do not agree to these terms and conditions, please do not use the Website.
This Website is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to order from us or send any information about yourself to us.
2. Ownership of Materials on the Website.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Website, including any Communications to us (as defined below) (collectively, the "Site Content") are proprietary to us or to third parties. All software used on the Website is proprietary to us or to third parties, and any use, redistribution, sale, de-compilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks "JMB MODEL MANAGEMENT" and the JMB MODEL MANAGEMENT logo are registered or unregistered trademarks of JMB MODEL MANAGEMENT, and they may not be used in connection with any service or products other than those provided by JMB MODEL MANAGEMENT, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits JMB MODEL MANAGEMENT.
Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
4. License to Use the Website.
JMB MODEL MANAGEMENT authorizes you to view, download, print, copy and use the Site Content subject to the following conditions:
(a) you may only download, print, copy and use the Site Content in
limited quantities as reasonably necessary for your personal, non-commercial use;
(b) any displays or print outs of the Site Content must be marked “© JMB MODEL MANAGEMENT, Inc.. All rights reserved.”; and
(c) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of JMB MODEL MANAGEMENT. You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
7. Links to Third Party Website Are Not Endorsements.
The Website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by JMB MODEL MANAGEMENT. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Warranty Disclaimers and Limitations of Liability.
JMB MODEL MANAGEMENT and its management, staff, models and clients make no representations or warranties of any kind regarding the Website and the Site Content. The Website and Site Content are provided in “AS IS” condition, and JMB MODEL MANAGEMENT and its management, staff, models & clients EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from JMB MODEL MANAGEMENT, any of JMB MODEL MANAGEMENT management, staff, models and clients or through the Website or Site Content will create any warranty not expressly stated herein. YOU USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER JMB MODEL MANAGEMENT NOR JMB MODEL MANAGEMENT management, staff, models and clients WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM JMB MODEL MANAGEMENT OR JMB MODEL MANAGEMENT management, staff, models and clients ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN IF JMB MODEL MANAGEMENT OR JMB MODEL MANAGEMENT management, staff, models and clients HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Applicable Law and Jurisdiction; Compliance.
You and JMB MODEL MANAGEMENT agree that all matters arising from or relating to the use and operation of the Website will be governed by the substantive laws of the State of New York, City of New York, in the Manhattan Borough Jurisdiction without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Website will be heard and resolved in the federal and state courts located in the State of
New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Website from locations other than JMB MODEL MANAGEMENT, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Website or Site Content in violation of U.S. export laws or regulations.
11. Miscellaneous Provisions.
Effective Date of Terms: July 1, 2019