Terms of Use

TERMS OF USE (“Terms of Use”)

Welcome

Welcome to Model Mayhem!

Model Mayhem (the “Site”) is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the “Model Mayhem Services”).

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the Model Mayhem Services and Content, as well as your rights, obligations and restrictions regarding your use of the Model Mayhem Services. We grant you a limited, revocable, non-exclusive license to access the Model Mayhem Services for your own personal use, subject to the Terms of Use. Use of the Model Mayhem Services beyond the scope of authorized access granted to you terminates this permission.

By signing up for the Model Mayhem Services, or otherwise accessing or using the Site and/or Model Mayhem Services, you accept, without limitation or qualification, that you are entering into a legally binding agreement with Model Mayhem, Inc. (“Model Mayhem,” or “we,” “us,” or “our”), located at 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245, which includes these Terms of Use, our Privacy Policy, found here, and our existing Model Mayhem Rules for use of the Site and Model Mayhem Services (the “Rules), found here, which are incorporated by this reference and may be amended from time to time. You are only authorized to use the Model Mayhem Services if you agree to abide by these Terms of Use and all applicable laws in the use of the Site and the Model Mayhem Services. If you do NOT accept the Terms of Use, Privacy Policy and the Rules, then you must immediately discontinue your use of the Site and the Model Mayhem Services.

We may modify these Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. You should review the Terms of Use, Privacy Policy and Rules regularly. Your continued use of the Site and/or Model Mayhem Services after such posting constitutes your acceptance of the changes.

Note that special terms or rules may apply to some Model Mayhem Services offered on the Site, such as rules for particular promotions, applications, downloads or other features or activities and, by using those Model Mayhem Services, you agree to those additional terms. Any such terms are in addition to these Terms of Use and are hereby incorporated into these Terms of Use by this reference. In the event of any conflict or inconsistency between these Terms of Use, or Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points on the Site or otherwise communicated to you, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

Talent Listing Service

Model Mayhem is a talent listing service. This is not a talent agency contract. Only a talent agent licensed pursuant to section 1700.5 of the Labor Code may engage in the occupation of procuring, offering, promising or attempting to procure employment or engagements for an artist. Model Mayhem is prohibited by law from offering or attempting to obtain auditions or employment for you. Model Mayhem may only provide you with listing information. For more information consult Chapter 4.5 (commencing with Section 1701) of Part 6 of Division 2 of the Labor Code. A dispute arising out of the performance of these Terms of Use by Model Mayhem that is not resolved to your satisfaction should be referred to a local consumer affairs department or local law enforcement, as appropriate.

Your Right to Cancel

You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the date of signing up for the Model Mayhem Services or the date on which you commence utilizing the Model Mayhem Services, whichever is longer. For purposes of this Section, business days are Monday through Friday. To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to Model Mayhem at 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245, or customerservice@modelmayhem.com, NOT LATER THAN 11:59 PM (Pacific Standard Time) on the 10th business day following the date of signing up for the Model Mayhem Services or the date on which you commence utilizing the Model Mayhem Services, whichever is longer. If you cancel, all fees you have paid must be refunded to you within ten (10) business days after delivery of the cancellation notice to the talent service. After the 10 day cancellation period set forth herein has ended, no refund of any kind will be permitted. Notwithstanding the foregoing, fees paid for the posting of casting calls are non-refundable.

Bond

Pursuant to California state law, Model Mayhem has posted a $50,000 bond with the labor commissioner issued by Vigilant Insurance Company, Bond No. 8304-25-60.

Casting Calls

You acknowledge and agree that Model Mayhem (i) is not an employment agency, casting agent, talent agent, agency, manager, producer or a production company; (ii) does not procure, attempt to procure, get, gain, or retain employment, engagements, employment opportunities, auditions, jobs, bookings, castings, a talent agent or manager for you or its members; (iii) does not manage or direct the development of the careers, or represent, you or its members; and (iv) does not guarantee an employment opportunity, audition, any amount of income, jobs or employment from the use of its Site. Model Mayhem does not offer advice, managerial directions, or opinions in any casting job, engagement or audition and permits you to submit your information for casting calls through the Model Mayhem Services. Model Mayhem members may be required to pay a one-time, nonrefundable processing fee (except as permitted in this Terms of Use) to use the submission service. You acknowledge that the fee is a processing fee for your submission and is not a fee for procuring or attempting to procure an employment opportunity, audition or engagement. You hereby consent to the submission of your profile and providing access to your Member Content (defined below) in connection with the submission through the Model Mayhem Services. The information included in the casting call is provided by the applicable casting director and Model Mayhem is not involved in the decision making process with respect to the casting, audition and/or engagement for services.

You further acknowledge and agree that Model Mayhem, in its sole discretion, may remove casting calls that are inaccurate, offensive, indecent, objectionable, contain errors or omissions, or violate these Terms of Use or the Rules in any other manner. Fees paid for listing a casting call are non-refundable. You further acknowledge and agree that you are not entitled to a refund of any kind if your casting call is removed for violating these Terms of Use or the Rules in any manner.

Member Safety

We value the safety of all of our Members. Please review the Member Safety page here.

Your Profile

When you create a profile online, that profile is included in a searchable database on the Site, which can be accessed by Members and non-Members. We cannot control the use of any information that is in your profile by any third party. Therefore, you should be careful not to include any personal information in your profile, including your phone number, address, email address, bank account information, or other personal information. Any such posting is done at your sole risk.

Content on the Site

You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials, excluding our Site Content as defined below (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You control all Content that you upload, post, transmit or otherwise make available through the Model Mayhem Services (“Member Content”), which means you, and not Model Mayhem are responsible for any liability associated with such Content that you post, transmit, or otherwise make available through the Model Mayhem Services. We do not control the Content posted through the Model Mayhem Services and, as such, we do not guarantee the accuracy, integrity, or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Model Mayhem Services are not necessarily those of Model Mayhem or its owner, content providers, advertisers, sponsors, affiliated or related entities. Administrators and moderators are not our agents and their opinions, comments and posts are their own. You understand that by using the Model Mayhem Services you may be exposed to Content that is inaccurate, offensive, indecent, objectionable or that contains errors or omissions. You understand that we reserve the right, but are not obligated, to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Model Mayhem Services. We do, however, reserve the right to do so at any time in our sole discretion for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Model Mayhem Services.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate Content, or to implement other enforcement measures against any Content, conduct or potential Terms of Use violations is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress or regulate Content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although our representatives may moderate Content on the Site and Model Mayhem Services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure, or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate Content (including without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any Content), or to implement other enforcement measures against any Content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any Content, conduct or potential or purported Terms of Use violation. This Section may not be modified, waived, or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Responsibility for Your Content (Member Content)

You are solely responsible for the Content you submit or make available for inclusion through the Model Mayhem Services (“Member Content”) and the consequences of posting or publishing it. In connection with Member Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Model Mayhem to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended, including display and reproduction of the Member Content on the Site, by the Model Mayhem Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use.

Because Model Mayhem does not permit infringement of intellectual property rights through the Model Mayhem Services, we will remove all Member Content if properly notified that such Site Content or Member Content infringes on another’s intellectual property rights and at our sole discretion.

Model Mayhem does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates the Rules, found here, or material contrary to applicable local, national, and international laws and regulations.

Member Content: Ownership and Licenses

We do not claim ownership rights over your Member Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the Model Mayhem Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the Model Mayhem Services and it will terminate at the time you remove or we remove such Member Content from the Model Mayhem Services. You grant each user of the Model Mayhem Services a non-exclusive license to access your Member Content through the Model Mayhem Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Model Mayhem Services and under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Model Mayhem Services by Model Mayhem and/or its members, Model Mayhem is under no obligation to delete or ask or require other Model Mayhem members to delete other Member Content, such as comments you posted in forums, and therefore, such Member Content may continue to appear and be used through the Model Mayhem Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.

What We Own

All material we make available on the Site and through the Model Mayhem Services, including, but not limited to, software, software documentation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images and other materials whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Site Content”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark and trade secret and other intellectual property laws. All Model Mayhem trademarks and service marks, logos, slogans and taglines are the property of Model Mayhem. All other trademarks, services marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Model Mayhem without our express written permission, or the express written permission of such third party that may own the trademarks, service mark, logo, slogan or tagline.

Permitted Use of Content

You may access Member Content for your information and personal, non-commercial use solely as intended through the provided functionality of the Model Mayhem Services. All Member Content and Site Content are provided to you “AS IS” and “AS AVAILABLE” for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the Model Mayhem Services and may not be downloaded, copied, reproduced, distributed , transmitted , broadcast, displayed , sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent by us or the respective owners, and it may not be used in any way prohibited under the Terms of Use.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any Model Mayhem member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure, found here.

Member Accounts

In order to participate in the Model Mayhem Services, you must meet the eligibility requirements for membership listed here and create an account. You represent and warrant that all information you provide during registration and through the Site is truthful, accurate and complete and that you will update and maintain the accuracy of such information. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member’s right to use the Model Mayhem Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Model Mayhem of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.

Member Conduct

You may not use the Model Mayhem Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms, including the Rules, found here. Your access to the Model Mayhem Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, including the Rules, or for any other reason, or no reason. You expressly agree not to:

  • Act as an agent, affiliate or representative of the Model Mayhem Services and utilize the Model Mayhem Services or Member Content or Site Content for any commercial purpose other than for which the Model Mayhem Services is intended without our express written permission,
  • Access, monitor or copy any content or information of the Model Mayhem Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
  • “Frame,” “mirror” or otherwise incorporate any part of the Model Mayhem Services into any other website without our prior written permission.

You agree not to use the Model Mayhem Services for any commercial use, without the prior written authorization of Model Mayhem. Prohibited commercial uses include any of the following actions taken without our express approval:

  • Sale of access to the Model Mayhem Services on another website,
  • Use of the Model Mayhem Services for the primary purpose of gaining advertising or subscription revenue,
  • Sale of advertising on the Model Mayhem Services or any third-party website, targeted specific Member Content or Site Content, and
  • Use of the Model Mayhem Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Model Mayhem Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading Member Content to the Model Mayhem Services to promote your business or artistic enterprise, or any use that Model Mayhem expressly authorizes in writing.

In addition, the following behaviors or activities are strictly prohibited when using the Model Mayhem Services by any member or Model Mayhem Services user:

  • Strong, vulgar, obscene or otherwise harmful language,
  • Racially, ethnically or otherwise, objectionable language,
  • Harassing, intimidating, stalking or threatening other Model Mayhem members,
  • Libelous, defamatory or otherwise tortious language,
  • Online vandalism,
  • Impersonation of another person,
  • Posting, distributing, transmitting or promoting illegal Content,
  • Using fraudulent means to obtain money or personal information from Users,
  • Posting fake casting calls or notices for any purpose, including illegal purposes,
  • Invasion of another’s privacy,
  • Actions that are hurtful to minors,
  • Using the Site to do anything unlawful, harmful, malicious, misleading, fraudulent or discriminatory,
  • Using the Site if you are a convicted sex offender,
  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
  • Posting, providing, transmitting or otherwise making available any junk mail or spam, and
  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Model Mayhem Services,
  • Soliciting the log-in information or accessing an account belonging to someone else.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing Model Mayhem to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance here.

Termination of Service

You agree that Model Mayhem, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Model Mayhem Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Model Mayhem Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Model Mayhem will not be liable to you or any third party for any termination of your access to the Model Mayhem Services. Further, you agree not to attempt to use the Model Mayhem Services after your member account has been terminated.

You agree that if you are dissatisfied with the Model Mayhem Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the Model Mayhem Services, your sole and exclusive remedy is to discontinue using the Model Mayhem Services.

Membership Fees / Refund Policy

Model Mayhem members may have profiles either at a “basic” level (free) or may sign up for a paid membership. Model Mayhem charges membership fees for each paid membership account. Paid membership account fees are automatically renewed according to the member’s selected renewal options, unless deactivated by the subscribing member. Model Mayhem will automatically charge the membership fee to your designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. Model Mayhem reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice (a minimum of 30 days) posted in advance on the Site. The act of paying fees does not exclude you from the Terms of Use or the Rules, which must be adhered to by all members.

Membership fees are charged up-front. Model Mayhem does not provide refunds or credits for any membership fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect at the end of the then-current billing cycle. We may offer other paid services or features associated with the Model Mayhem Services, subject to specified terms and conditions, which are incorporated by this reference.

The Model Mayhem Services may provide links to other websites or resources and other websites may provide links to our Site with or without authorization. Because we have no control over such third party websites and resources, you acknowledge and agree that Model Mayhem is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such third party website or resource and any such use is at your own risk and is subject to the terms and conditions of use and privacy policy applicable to such websites and resources. We have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.

Children Online Protection Act Notification

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org’s website (https://www.patental software.org). We do not endorse any of the products or services listed on this website.

Indemnity

You agree to defend, indemnify and hold Model Mayhem, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and Model Mayhem moderators harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Model Mayhem Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.

Trademark Information

Model Mayhem is a registered trademark and logo. You agree that all Model Mayhem’s trademarks, including Model Mayhem trade names, service marks, logos and service names are trademarks and the property of Model Mayhem. Without our prior permission, you agree not to display or use in any manner any Model Mayhem mark. All trademarks included in the Model Mayhem Services not owned by Model Mayhem are the property of their respective owners. Nothing contained on the Model Mayhem Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

Disclaimer of Warranties / Limitation of Liability

You understand and agree that the Model Mayhem Services are provided “AS-IS” or “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Model Mayhem Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the Model Mayhem Services shall create any warranty not expressly stated in these Terms of Use. In no event shall Model Mayhem or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the Model Mayhem Services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.

We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Model Mayhem members or users of the Model Mayhem Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.

Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (A) the amount paid, if any, by you to us in connection with the Model Mayhem Services in the 12 months prior to the action giving rise to the liability, or (B) US$100.00. You and Model Mayhem agree that any cause of action arising out of or related to the Model Mayhem Services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

If you promote a contest, sweepstakes or giveaway on Model Mayhem without our express, advanced approval, you do so at your risk and you assume all risk and liability; you further agree to hold Model Mayhem harmless from any claim, demand or damages.governinglaw

Dispute Resolution; Arbitration

You and Model Mayhem (for the purposes of this section, each a “party” and together the “parties”) understand and agree that before initiating any arbitration proceeding, the parties will first discuss the matter informally for at least 30 days. If the parties are unable to mutually agree upon a resolution during the 30-day period, then any claim regarding these Terms of Use and/or the Model Mayhem Services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important that the parties address any issues promptly. Regardless of any statute or law to the contrary, an arbitration proceeding for any claim or cause of action must be brought within one (1) year after such claim or cause of action arose or such claim is waived. As an exception to this arbitration agreement, the parties have the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as such party proceeds only on an individual basis.

The parties agree to arbitrate only in their individual capacity, not as a representative or member of a class. No claims may be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

Arbitration will be exclusively held in Los Angeles County, California and each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party will provide a list of two available arbitrators that have experience with the subject matter of the dispute. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Each party acknowledges that such party has had the opportunity to have their legal counsel review these Terms of Use and that such party fully understand the terms and conditions set forth herein and the effect of agreeing to these Terms of Use.

Governing Law; Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. For any claims, causes of action or disputes arising out of the Model Mayhem Services or these Terms of Use which are not subject to the section titled Dispute Resolution, you irrevocably consent to the exclusive jurisdiction and venue in the federal and state courts located in the County of Los Angeles, State of California and waive the right to challenge the jurisdiction of such courts on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. The aforementioned choice of venue is intended by to be mandatory, and not permissive, in nature. Regardless of any statute or law to the contrary, any such claim or cause of action must be filed within one (1) year after such claim or cause of action arose or be forever barred. All claims not subject to the section titled Dispute Resolution must be resolved in accordance with this section titled Governing Law. All claims filed or brought contrary to this section will be considered improperly filed. Should either party file a claim contrary to this section, the non-filing party shall be entitled to seek to recover reasonable attorneys’ fees and costs provided that the non-filing party has notified the filing party in writing of the improperly filed claim and the filing party has failed to properly withdraw the claim.

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

General

The Model Mayhem Services are controlled and offered by Model Mayhem in the United States and we make no representation that materials associated with the Model Mayhem Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Model Mayhem Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. In any case, you affirm that you are over the age of 16, as the Model Mayhem Services are not intended for persons under 16. If you are under 16 years of age, then please do not use the Model Mayhem Services.

Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. This Terms of Use operates to the fullest extent permissible by law.

All notices given by you, whether or not required under these Terms of Use shall be emailed to legal@internetbrands.com or sent by postal mail or courier to us at: Model Mayhem, Attn: Legal Department, 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245. Additionally, we accept service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

Notice for California Residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to legal@internetbrands.com. You may also contact us by writing to Legal Department, Internet Brands, Inc., 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916)445-1254 or (800) 952-5210. Please be sure to identify the Site, software or Model Mayhem Service about which you have a question or complaint and how we can contact you.

Revised: July 11, 2017