M O D E L B Λ S E
Privacy Policy
Terms and Conditions
Terms and Conditions
Privacy Policy
At ModelBase Limited we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us.
This Privacy Policy, together with our terms and conditions and terms of use, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We do update this Policy from time to time, so please do review this Policy regularly.
1. Information We Collect
In operating our website, we may collect and process the following data about you:
1.1 Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
1.2 Information that you provide by filling in forms on our website, such as when you registered for information or made a purchase.
1.3 Information provided to us when you communicate with us for any reason.
2. Use of Cookies
We use cookies to remember who you are. We store your email address and encrypted versions of your password in those cookies. If you'd like to delete the cookies associated with ModelBase.com, then please read about how over at http://www.aboutcookies.org/.
However, deleting or denying the purpleport.com cookies will mean you will not be able to use large parts of the website
We also use google analytics, and this uses cookies to track website usage. These cookies are not essential for your continued use of the website and can be removed at any time.
By continued use of ModelBase we will store the following cookies on your computer:
adult, nsfw, safety - These are the content filter options and can be deleted at any time.
p, e, phash - These are used to identify you so you can access member-only functions and features of the website. Deleting them will mean you will not be able to access your account.
signup - Used to display the signup banner to visitors of the website intermittently.
ASPSESSIONID* - This cookie, which is relatively randomly generated, identifies you while you visit the site. Deleting or denying it will negatively affect your use of the website.
__ut* - These are placed by Google Analytics, which we [ModelBase] and some members use to monitor traffic to their profile pages. They can be deleted or declined.
We occasionally serve adverts to free members and visitors to the site, these do not use cookies on any of the ModelBase domains. Still, the advertising agencies themselves may use fundamental tracking cookies to log which adverts have been shown. We do not expose or share any user-related data with any agencies.
3. Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. Also, we may use the information for the following purposes:
3.1 To provide you with the information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
3.2 To meet our contractual commitments to you.
3.3 To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
3.4 If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
4. Data Protection and GDPR Compliance
This section details the way ModelBase is managing sensitive user data, making sure only relevant data is stored, that it is stored securely and, used in ways that only serve the service that users have agreed to and signed up for, and accessed in appropriate formats. It also defines how data is accessed and what steps are taken to minimise unauthorised and unwanted exposure of said data.
4.1 The information we store
ModelBase stores only information on you that is used to either contact you personally, or regarding displaying your ModelBase profile. This includes, but is not limited to, your name and email address, as well as your general location, [date of birth, stats and sizes depending on account type], images you have uploaded to ModelBase, your public profile notes, links you have provided, on-site messages between you and other members, your ModelBase calendar, group posts, castings and events as well as data on your activity on the site (such as your image albums, image ordering, users you have decided to follow and your image loves and view stats).
Whether an active or inactive member of ModelBase, the information you provide will be stored to maintain the website and for any potential future cooperation with a legitimate legal investigation.
4.2 Sources and uses of the information we store
ModelBase only saves the information provided via the website interface, or from your using the website as a whole (such as image loves and alike). We do not harvest, store or process data on you from third-party sources.
We only process your information to display it coherently on the ModelBase website, that being your profile pages on the site and anything you have contributed to the community in the groups, competitions, castings, events and your inbox on the site. Where relevant, we also use your data on our social media channels (such as re-posting of a member image with a link back to the main ModelBase website, if not opped-out of such use).
If we are required by a government legal authority, such as to aid in a police investigation, if your data is shown to be necessary to such a situation, it will be disclosed confidentially.
4.3 How the information we store is accessed
All database data is stored on our servers and is only accessible via those servers. Our image data is stored in the Amazon AWS network on EU-based servers.
Data is provided through the website to anyone that requests it, via the regular use of the site, image data is served from image URL’s and accessible worldwide.
Our data servers are accessible only by us and our UK-based maintenance contractor, who operates jointly with us under a non-disclosure agreement. Servers are also behind firewalls and are monitored 24/7 for activity.
Our image data, with Amazon AWS, is subject to their strict data-privacy guidelines.
Our payment provider, PayPal, upon the purchase of a ModelBase subscription, may be sent the invoice information you have provided, at the point of making a purchase, this is sent securely to the provider and is subject to their strict data-privacy guidelines.
Finally, we use a service called RayGun to track and report server errors, they have their own GDPR policy (https://raygun.com/gdpr) and store data in the us-east-1 region, we do limit the user information stored in their system to only any user ID and email address for our own lookups, and any form fields that may have caused the error, again for our own lookups to see what caused any received error. Access to this system is limited to ModelBase developers only.
4.4 Our data-retention policies
Your data is stored on our servers indefinitely, this aids in historical data being accurate on the site for all visitors, and also historical data aids us if ever there is a legal reason for us to disclose it to the judicial system. Aside from the following specifics:
If images are removed, these are hidden from public view initially and then removed absolutely after 4-weeks, 13-weeks or 26-weeks depending on the deletion method (user deleted, admin deleted, account deactivation).
Permanently deactivated or closed accounts have their login/access information locked down (fields encrypted) so it’s inaccessible thereafter.
Statistic data on profiles is purged after 1-year, specifically a user image-view and profile-view data.
4.5 Giving users access to their data (Data Protection)
Active members of ModelBase can access all of their data through their own profile pages and profile management sections of the website. A request for a data dump of all of their data can also be requested through their account, which will then be provided securely within 30-days.
Inactive members of the site can request access to the personal data we retain for the reasons noted at the beginning of this section, via direct contact with us via a support ticket or email. Upon verifying your identity is valid, we’ll provide a data dump of all of your data, which will then be provided securely within 30-days.
Note that access to your data is free of charge unless the request is deemed to be either unfounded, excessive or repetitive, in which case a related admin fee may be requested. We maintain the right to withhold personal data, if disclosing it adversely affects the rights and freedoms of others, extending to intellectual property rights and trade secrets, this includes confidential reports and relevant information made by other members.
4.6 Data exposure and prevention
Personal data isn’t shared in any form, that data that affects the use of the site is stored in central and backup databases. Passwords are encrypted and tokens used for session data. Aside from that no other forms of anonymization are utilised or required, however, we’re continually investigating and undertaking steps to protect data as much as we can.
Though not certified for ISO27001, we follow the best practices of the policy in our collecting, use and storage of data. Our data is secured on servers based in GDPR-safe regions, we do not sell or share user data with any third parties, and do not undertake any data-sharing schemes.
The main, employed, developers of ModelBase on occasion access the main database remotely for development, or host a copy on their local machines, locked into their individual user account only. Our developers do not have and are not allowed open machines, all have to be accessible through a valid login.
We have firewalls and separate server monitoring software that logs and reports to us. Access to information is only accessible by staff and an NDA-served maintenance contractor, all are made aware of how to handle sensitive data.
All employees work within software-management environments that log development activity.
All company-based communications are required to go through a private, and locked-down messaging service. We don’t share personal member data on this service, simply discuss ideas and development of the site, any administrative information is kept on-site and linked to if required.
We do not discuss personal data outside of the site with anyone, and if a request for profile access, changes or alike comes from outside the site, it is policy to not disclose information, and it is up to the person asking for the information to fully authenticate themselves.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential, as well as the data contained within any request reports sent to you.
5. Third-Party Links
You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
6. Contacting Us
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us in confidence via a support ticket or at [email protected].
Website Terms and Conditions
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We occasionally update these terms, so please refer back to them in the future.
1. Site Access
1.1 You will be able to access most of this Website without registering any details with us. [However, particular areas of this Website will only be accessible if you have registered.]
2. Use of Website
2.1 You are permitted to use our website for your purposes and to print and download material from this Website, provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
2.4 The copyright of any images you upload remains with you.
2.5 ModelBase is a 16+ service. ModelBase does not vouch for the age of anyone on the site. Anyone between 16 and 18 wanting to join the site should have a representative (18+) who can join the site on their behalf, answer all communications and take all bookings.
2.6 Any member aged 18+ should manage their account and not allow a third party to do so.
2.7 Here at ModelBase, we take our users' protection extremely seriously. For this reason, we will not knowingly allow anyone to use our site if they have been convicted of a sexual offence or are subject to any sexual offender registration or management scheme in any country. Any members found to be in breach of this will have their membership terminated
3. Site Uptime
3.1 We take all reasonable steps to ensure this Website is available 24 hours daily, 365 days per year. However, websites sometimes encounter downtime due to servers and, other technical issues. Therefore we will not be liable if this website is unavailable.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible, we will try to give our visitors a warning of maintenance issues but shall not be obliged to do so.
4. Visitor Conduct
4.1 Except personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Any such material, unless you advise to the contrary via your account options where they exist, we will be free to copy, distribute and incorporate into our ModelBase-related activities, such as integrating them into other areas of the ModelBase website, or those mentioned in Paragraph 5.4.
4.2 When using this website, you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to civil liability, or otherwise is contrary to the law in the United States;
(c) which is harmful, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially dangerous software or data.
4.3 [We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]
4.4 If we believe your conduct on the site isn't appropriate, we reserve the right to remove your account without prior notice or prejudice.
5. Links To, and From, Other Websites
5.1 Any links to third-party websites on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse third-party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that you do not own; and
(d) your website does not contain offensive content, is controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
5.4 We may share images from your portfolio on our official social networks accounts such as Facebook, Instagram and Twitter. We shall not be liable or responsible for any kind of loss or damage that may result from sharing content on our social networks. You can opt out of this via the General site settings page. If toggled, the status chosen will apply from that moment onward and will not change any prior posts.
6. Subscriptions and Payments
6.1 Our payment provider is PayPal. We do not accept payments through any other means.
6.2 If subscribing with auto-renew payments is selected, this means you will not have to remember to pay every time your subscription runs out, but PayPal will do it automatically on your behalf. A PayPal account will be required for this option. PayPal will send you additional details of their subscription terms and conditions upon signup.
6.3 Refunds are subject to a £10 admin fee.
6.4 Refunds will be the amount paid with a pro-rata adjustment for the subscription time used.
7. Disclaimer
7.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of the material on this Website. We may change the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions, incorrect, and we do not commit to ensuring that such material is correct or up to date.
7.2 The material on this Website is provided without any conditions or warranties. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
8. Exclusion of Liability
8.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise, in connection with this Website.
8.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the laws of the United States.
9. Governing Jurisdiction
This Legal Notice shall be governed by and construed in accordance with US law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of United States.
10. Our Details Our business name is: ModelBase Limited.
You can contact us via email: [email protected]
Note: Our terms and conditions have been provided and approved by legal advice.
At ModelBase Limited we are dedicated to safeguarding and preserving your privacy when visiting our site or communicating electronically with us.
This Privacy Policy, together with our terms and conditions and terms of use, provides an explanation as to what happens to any personal data that you provide to us, or that we collect from you.
We do update this Policy from time to time, so please do review this Policy regularly.
1. Information We Collect
In operating our website, we may collect and process the following data about you:
1.1 Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
1.2 Information that you provide by filling in forms on our website, such as when you registered for information or made a purchase.
1.3 Information provided to us when you communicate with us for any reason.
2. Use of Cookies
We use cookies to remember who you are. We store your email address and encrypted versions of your password in those cookies. If you'd like to delete the cookies associated with ModelBase.com, then please read about how over at http://www.aboutcookies.org/.
However, deleting or denying the purpleport.com cookies will mean you will not be able to use large parts of the website
We also use google analytics, and this uses cookies to track website usage. These cookies are not essential for your continued use of the website and can be removed at any time.
By continued use of ModelBase we will store the following cookies on your computer:
adult, nsfw, safety - These are the content filter options and can be deleted at any time.
p, e, phash - These are used to identify you so you can access member-only functions and features of the website. Deleting them will mean you will not be able to access your account.
signup - Used to display the signup banner to visitors of the website intermittently.
ASPSESSIONID* - This cookie, which is relatively randomly generated, identifies you while you visit the site. Deleting or denying it will negatively affect your use of the website.
__ut* - These are placed by Google Analytics, which we [ModelBase] and some members use to monitor traffic to their profile pages. They can be deleted or declined.
We occasionally serve adverts to free members and visitors to the site, these do not use cookies on any of the ModelBase domains. Still, the advertising agencies themselves may use fundamental tracking cookies to log which adverts have been shown. We do not expose or share any user-related data with any agencies.
3. Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our services to you. Also, we may use the information for the following purposes:
3.1 To provide you with the information requested from us, relating to our products or services. To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
3.2 To meet our contractual commitments to you.
3.3 To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service.
3.4 If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
4. Data Protection and GDPR Compliance
This section details the way ModelBase is managing sensitive user data, making sure only relevant data is stored, that it is stored securely and, used in ways that only serve the service that users have agreed to and signed up for, and accessed in appropriate formats. It also defines how data is accessed and what steps are taken to minimise unauthorised and unwanted exposure of said data.
4.1 The information we store
ModelBase stores only information on you that is used to either contact you personally, or regarding displaying your ModelBase profile. This includes, but is not limited to, your name and email address, as well as your general location, [date of birth, stats and sizes depending on account type], images you have uploaded to ModelBase, your public profile notes, links you have provided, on-site messages between you and other members, your ModelBase calendar, group posts, castings and events as well as data on your activity on the site (such as your image albums, image ordering, users you have decided to follow and your image loves and view stats).
Whether an active or inactive member of ModelBase, the information you provide will be stored to maintain the website and for any potential future cooperation with a legitimate legal investigation.
4.2 Sources and uses of the information we store
ModelBase only saves the information provided via the website interface, or from your using the website as a whole (such as image loves and alike). We do not harvest, store or process data on you from third-party sources.
We only process your information to display it coherently on the ModelBase website, that being your profile pages on the site and anything you have contributed to the community in the groups, competitions, castings, events and your inbox on the site. Where relevant, we also use your data on our social media channels (such as re-posting of a member image with a link back to the main ModelBase website, if not opped-out of such use).
If we are required by a government legal authority, such as to aid in a police investigation, if your data is shown to be necessary to such a situation, it will be disclosed confidentially.
4.3 How the information we store is accessed
All database data is stored on our servers and is only accessible via those servers. Our image data is stored in the Amazon AWS network on EU-based servers.
Data is provided through the website to anyone that requests it, via the regular use of the site, image data is served from image URL’s and accessible worldwide.
Our data servers are accessible only by us and our UK-based maintenance contractor, who operates jointly with us under a non-disclosure agreement. Servers are also behind firewalls and are monitored 24/7 for activity.
Our image data, with Amazon AWS, is subject to their strict data-privacy guidelines.
Our payment provider, PayPal, upon the purchase of a ModelBase subscription, may be sent the invoice information you have provided, at the point of making a purchase, this is sent securely to the provider and is subject to their strict data-privacy guidelines.
Finally, we use a service called RayGun to track and report server errors, they have their own GDPR policy (https://raygun.com/gdpr) and store data in the us-east-1 region, we do limit the user information stored in their system to only any user ID and email address for our own lookups, and any form fields that may have caused the error, again for our own lookups to see what caused any received error. Access to this system is limited to ModelBase developers only.
4.4 Our data-retention policies
Your data is stored on our servers indefinitely, this aids in historical data being accurate on the site for all visitors, and also historical data aids us if ever there is a legal reason for us to disclose it to the judicial system. Aside from the following specifics:
If images are removed, these are hidden from public view initially and then removed absolutely after 4-weeks, 13-weeks or 26-weeks depending on the deletion method (user deleted, admin deleted, account deactivation).
Permanently deactivated or closed accounts have their login/access information locked down (fields encrypted) so it’s inaccessible thereafter.
Statistic data on profiles is purged after 1-year, specifically a user image-view and profile-view data.
4.5 Giving users access to their data (Data Protection)
Active members of ModelBase can access all of their data through their own profile pages and profile management sections of the website. A request for a data dump of all of their data can also be requested through their account, which will then be provided securely within 30-days.
Inactive members of the site can request access to the personal data we retain for the reasons noted at the beginning of this section, via direct contact with us via a support ticket or email. Upon verifying your identity is valid, we’ll provide a data dump of all of your data, which will then be provided securely within 30-days.
Note that access to your data is free of charge unless the request is deemed to be either unfounded, excessive or repetitive, in which case a related admin fee may be requested. We maintain the right to withhold personal data, if disclosing it adversely affects the rights and freedoms of others, extending to intellectual property rights and trade secrets, this includes confidential reports and relevant information made by other members.
4.6 Data exposure and prevention
Personal data isn’t shared in any form, that data that affects the use of the site is stored in central and backup databases. Passwords are encrypted and tokens used for session data. Aside from that no other forms of anonymization are utilised or required, however, we’re continually investigating and undertaking steps to protect data as much as we can.
Though not certified for ISO27001, we follow the best practices of the policy in our collecting, use and storage of data. Our data is secured on servers based in GDPR-safe regions, we do not sell or share user data with any third parties, and do not undertake any data-sharing schemes.
The main, employed, developers of ModelBase on occasion access the main database remotely for development, or host a copy on their local machines, locked into their individual user account only. Our developers do not have and are not allowed open machines, all have to be accessible through a valid login.
We have firewalls and separate server monitoring software that logs and reports to us. Access to information is only accessible by staff and an NDA-served maintenance contractor, all are made aware of how to handle sensitive data.
All employees work within software-management environments that log development activity.
All company-based communications are required to go through a private, and locked-down messaging service. We don’t share personal member data on this service, simply discuss ideas and development of the site, any administrative information is kept on-site and linked to if required.
We do not discuss personal data outside of the site with anyone, and if a request for profile access, changes or alike comes from outside the site, it is policy to not disclose information, and it is up to the person asking for the information to fully authenticate themselves.
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential, as well as the data contained within any request reports sent to you.
5. Third-Party Links
You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
6. Contacting Us
We welcome any queries, comments or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us in confidence via a support ticket or at [email protected].
Website Terms and Conditions
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We occasionally update these terms, so please refer back to them in the future.
1. Site Access
1.1 You will be able to access most of this Website without registering any details with us. [However, particular areas of this Website will only be accessible if you have registered.]
2. Use of Website
2.1 You are permitted to use our website for your purposes and to print and download material from this Website, provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
2.4 The copyright of any images you upload remains with you.
2.5 ModelBase is a 16+ service. ModelBase does not vouch for the age of anyone on the site. Anyone between 16 and 18 wanting to join the site should have a representative (18+) who can join the site on their behalf, answer all communications and take all bookings.
2.6 Any member aged 18+ should manage their account and not allow a third party to do so.
2.7 Here at ModelBase, we take our users' protection extremely seriously. For this reason, we will not knowingly allow anyone to use our site if they have been convicted of a sexual offence or are subject to any sexual offender registration or management scheme in any country. Any members found to be in breach of this will have their membership terminated
3. Site Uptime
3.1 We take all reasonable steps to ensure this Website is available 24 hours daily, 365 days per year. However, websites sometimes encounter downtime due to servers and, other technical issues. Therefore we will not be liable if this website is unavailable.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible, we will try to give our visitors a warning of maintenance issues but shall not be obliged to do so.
4. Visitor Conduct
4.1 Except personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Any such material, unless you advise to the contrary via your account options where they exist, we will be free to copy, distribute and incorporate into our ModelBase-related activities, such as integrating them into other areas of the ModelBase website, or those mentioned in Paragraph 5.4.
4.2 When using this website, you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to civil liability, or otherwise is contrary to the law in the United States;
(c) which is harmful, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially dangerous software or data.
4.3 [We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]
4.4 If we believe your conduct on the site isn't appropriate, we reserve the right to remove your account without prior notice or prejudice.
5. Links To, and From, Other Websites
5.1 Any links to third-party websites on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse third-party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that you do not own; and
(d) your website does not contain offensive content, is controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United States.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
5.4 We may share images from your portfolio on our official social networks accounts such as Facebook, Instagram and Twitter. We shall not be liable or responsible for any kind of loss or damage that may result from sharing content on our social networks. You can opt out of this via the General site settings page. If toggled, the status chosen will apply from that moment onward and will not change any prior posts.
6. Subscriptions and Payments
6.1 Our payment provider is PayPal. We do not accept payments through any other means.
6.2 If subscribing with auto-renew payments is selected, this means you will not have to remember to pay every time your subscription runs out, but PayPal will do it automatically on your behalf. A PayPal account will be required for this option. PayPal will send you additional details of their subscription terms and conditions upon signup.
6.3 Refunds are subject to a £10 admin fee.
6.4 Refunds will be the amount paid with a pro-rata adjustment for the subscription time used.
7. Disclaimer
7.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of the material on this Website. We may change the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions, incorrect, and we do not commit to ensuring that such material is correct or up to date.
7.2 The material on this Website is provided without any conditions or warranties. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
8. Exclusion of Liability
8.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise, in connection with this Website.
8.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the laws of the United States.
9. Governing Jurisdiction
This Legal Notice shall be governed by and construed in accordance with US law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of United States.
10. Our Details Our business name is: ModelBase Limited.
You can contact us via email: [email protected]
Note: Our terms and conditions have been provided and approved by legal advice.
Date Last Modified: July 1, 2023.
M O D E L B Λ S E
Terms and Conditions
ModelBase.com ("ModelBase") welcomes You to its website ("Website"). The following Terms and Conditions shall govern the relationship between ModelBase and You (also referred to herein as "Member", "Merchant", "Seller", "Affiliate", "Buyer", or "Donor"). These Terms and Conditions shall govern all information, documents, communications, files, text, graphics, software, and audio/visual files, including content sent and uploaded by other Members in compliance herein (collectively, the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms and Conditions, govern Your use of those areas and spell out what You can expect from us and what we expect from You.
The ModelBase Website is a cutting-edge market platform built on the Solana blockchain network that enables Buyers to pay Sellers directly to their USDC-enabled online wallets. Unlike payment processors or traditional online marketplaces:
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
ModelBase reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor. In such an event, all updated Terms and Conditions will take effect immediately and You agree to adhere to such updated Terms.
2. Eligibility.
To be eligible to register and create an authorized ModelBase account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the country in which you reside. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement for yourself and/or on behalf of your legally registered Company and to abide by all of these Terms and Conditions. ModelBase reserves the right, in its sole and absolute discretion, to refuse service and access to any potential registrants.
3. Registration.
You must create an Account in order to become a Member. ModelBase does not charge a registration fee for You to become a Member for the Bronze Membership.
4. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or any other country in which you may legally reside. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to [email protected]
B. Secrecy Obligation.
To create an Account, You will need to select a unique username and password ("Identifiers"). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). ModelBase will not give Your password to any third party unless required to do so by law. ModelBase will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify ModelBase by sending an email to [email protected], whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of ModelBase. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified ModelBase as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; ModelBase will not issue any form of compensation.
C. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of eighteen (18) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
5. Termination.
A. Your Right to Cancellation.
You may cancel Your Account within two (2) weeks of Your initial registration by sending an email to [email protected]. Your cancellation notice does not need to contain any reason for the cancellation.
B. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to [email protected].
C. ModelBase's Right to Termination.
ModelBase reserves the right to terminate Your Account at any time based on its discretion should any illegal or offensive activity take place using its platform.
6. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by ModelBase and/or its affiliates and protected by United States and international copyright laws (© 2021 - 2024 ModelBase, Ltd. All Rights Reserved). ModelBase does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from ModelBase. Users may not provide copyrighted or other proprietary information to ModelBase without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to ModelBase's Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on this Website;
4. Information reasonably sufficient to permit the service ModelBase to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ModelBase's Designated Agent is The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
ModelBase and/or its affiliates own the ModelBase trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of ModelBase and/or its affiliates and may not be used without prior written consent of ModelBase. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
7. Privacy and Protection of Personal Information.
ModelBase respects the privacy of visitors to our Website. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which ModelBase collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of ModelBase's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to ModelBase via email at [email protected].
8. Maintenance and Reporting Problems.
ModelBase conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods.
All problems encountered during the use of ModelBase's Services must be reported to ModelBase when the problem is encountered via email at [email protected].
9. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither ModelBase nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by ModelBase (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. ModelBase makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, ModelBase shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized ModelBase spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized ModelBase spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PAYVIK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PAYVIK AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PAYVIK AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PAYVIK DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PAYVIK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYVIK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PAYVIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PAYVIK RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PAYVIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PAYVIK'S GOODS OR SERVICES, FROM INABILITY TO USE PAYVIK'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PAYVIK'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
10. Third Party Links.
This Website may at times contain links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of ModelBase, and the existence of a link on the Website does not imply any endorsement of the linked websites by ModelBase or any affiliation between ModelBase and the owners of the linked websites. ModelBase makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that ModelBase has no responsibility to You with respect to such material. ModelBase encourages You to examine the privacy policies and/or terms of use policies of any third party website.
11. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, (ix) deliberately transferring money between Accounts (i.e. "money laundering"); (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Website; or (xii) breaching any of these Terms and Conditions.
B. Rules for Communication and Anti-Spam Policy.
It is possible for Members to contact each other on the Website. In doing so, Members are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
ModelBase opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by ModelBase against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of ModelBase. Additionally, any winnings, if any, may be voided at the sole discretion of ModelBase. ModelBase defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the ModelBase internal communication systems or "instant messaging" system.
C. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of ModelBase's Terms and Conditions, please forward all evidence of the same to [email protected]. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating ModelBase's Terms and Conditions.
ModelBase reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, ModelBase may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by ModelBase and the results will not be evaluated; the Player in violation must then compensate ModelBase for any problems arising therefrom. ModelBase will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. ModelBase reserves the right to lift any suspension against You at any time, at its sole discretion. ModelBase reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
12. Prohibited and Restricted Businesses.
High-Risk Jurisdictions and Persons
Use of ModelBase's services for any dealings, engagement, or sale of goods or services either directly or indirectly with the following are prohibited:
High-risk jurisdictions
Persons located in, resident in, or a citizen of or products or services originating from jurisdictions that ModelBase has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, including, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.
High-risk persons
Persons ModelBase has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, such as those individuals or entities named to a restricted person or party list of, or otherwise restricted by, the US, United Kingdom, European Union, or United Nations, including the sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Entity List maintained by the US Department of Commerce.
Additionally, it’s prohibited to use ModelBase's products and services to directly or indirectly:
Prohibited services
Export, re-export, sell, or supply accounting, trust and corporate formation, management consulting services, architecture services or engineering services to any person located in Russia.
Prohibited goods
Deal in any goods prohibited by law for export to or import from Russia (for example, luxury goods).
Prohibited Businesses
You must not use ModelBase's services for any illegal activities or for the businesses or product types listed below. The types of businesses listed here are representative of prohibited categories, but this is not an exhaustive list.
Any illegal products and services
Illegal drugs, substances designed to mimic illegal drugs (including kava)
Equipment and items intended to be used for making or using drugs
Fake references or ID-providing services
Telecommunications manipulation equipment including jamming devices
Businesses that engage in, encourage, promote or celebrate unlawful violence or physical harm to persons or property
Businesses that engage in, encourage, promote or celebrate unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to
Adult content and services***
Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and adult live
chat features
Adult video stores
Gentlemen's clubs, topless bars, and strip clubs
Pornography and other mature audience content (including literature, imagery and other media) depicting nudity, under-age participants, pedophilia, or explicit sexual
acts
Any artificial-intelligence-generated content that meets the above criteria
Debt relief companies
Debt settlement, debt negotiation, and debt consolidation
Gambling
Games of chance including gambling, internet gambling, casino games, sweepstakes and contests, and fantasy sports leagues with a
monetary or material prize
Games of skill including video game and mobile game tournaments or competitions, darts, card games, and board games with a
monetary or material prize
Payments of an entry or player fee that promises the entrant or player will win a prize of value
Sports forecasting or odds making with a monetary or material prize
Lotteries
Bidding fee auctions
Government services
Offering products and services by or on behalf of embassies and consulates
Offering government services without authorisation or added value
Offering government services with misleading claims
Disbursement of government economic support, such as grants
Identity services
Identity theft protection services including monitoring and recovery
Products and services that infringe on intellectual property rights
Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorisation
Counterfeit goods
Illegally imported or exported products
Unauthorised sale of brand name or designer products or services
Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party
The legal services listed below
Bankruptcy lawyers
Bail bonds
Law firms collecting funds for purposes other than legal service fee payment
Lending and credit
Loan repayments with credit cards
Credit monitoring, credit repair and counselling services
Marijuana
Cannabis products
Cannabis dispensaries and related businesses
CBD products with THC levels that are greater than the applicable local jurisdiction’s legal limit, including CBD edibles
Hydroponic equipment and other cultivation or production equipment marketed for growing marijuana
Courses and information on cultivating marijuana
Nutraceuticals and pseudo-pharmaceuticals
Pseudo-pharmaceuticals or nutraceuticals focused on significant weight loss or sexual performance
Pseudo-pharmaceuticals or nutraceuticals making unsupportable or harmful claims
Non-fiat currency
Cryptocurrency mining & staking
Initial coin offerings (ICOs)
Secondary NFT sales
Travel
Commercial airlines and cruises
Timeshare services
Unfair, deceptive, or abusive acts or practices (acts or practices that contravene rules, laws, regulation or guidance prescribed by the Federal Trade Commission, Consumer Financial Protection Bureau or other local consumer regulatory bodies)
Pyramid schemes
Multi-Level Marketing services offering commission or recruitment-based sales
"Get rich quick" schemes, including: investment opportunities or other services that promise high rewards to mislead consumers;
schemes that claim to offer high rewards for very little effort or up-front work; and sites that promise fast and easy money
Businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, or use fake testimonials;
(with or without a written contract)
Businesses offering unrealistic incentives or rewards as an inducement to purchase products or services
No value added services including the sale or resale of a service without added benefit to the buyer and resale of
government offerings without authorisation or added value
Sales of online traffic or engagement
Negative option marketing, negative option membership clubs, and reduced price trials with unclear or hidden pricing
Telemarketing
Predatory mortgage consulting
Predatory investment opportunities with no or low monetary deposit
Suspicious remote technical support
Door-to-door sales
Document falsification services
Any other businesses that ModelBase considers unfair, deceptive, or predatory towards consumers
Weapons, firearms, explosives and dangerous materials
Guns, gunpowder, ammunition, fireworks and other explosives
Weapon components such as firing pins, magazines, clips, and firearm conversion kits and any 3D-printed weapons
Improperly marked replicas of modern firearms, including toys
Pepper spray and stun guns
Swords and katanas, unless they are meant as replicas or for the practice of martial arts
Machetes
Disguised knives and knives with opening mechanisms designed for quick deployment of a blade
Pesticides requiring application by a certified professional
Research chemicals
Toxic, flammable, combustible or radioactive materials
Unmailable goods, per the United States Postal Service
Any material promoting terrorism
***How do I know if my business is offering adult content or services?
The restriction applies to any business that offers or sells pornography and other sexually explicit materials (including literature, imagery, and other media) depicting nudity, under-age participants, pedophilia, or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (for example, adult toys); adult video stores and sexually oriented massage parlors; gentleman's clubs, topless bars, and strip clubs; or any sexually oriented dating services, among others.
13. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If ModelBase determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and ModelBase reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
14. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify ModelBase of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. ModelBase cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
ModelBase reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
15. Indemnification.
You agree to defend, indemnify and hold harmless ModelBase and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified ModelBase that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any ModelBase site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service ModelBase.
16. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration except that, to the extent You have in any manner violated or threatened to violate ModelBase intellectual property rights, ModelBase may seek injunctive, equitable, or other appropriate relief in any state or federal court. You and ModelBase agree that any Dispute between You and ModelBase shall be resolved exclusively and finally by arbitration. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ModelBase. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes solely through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from ModelBase; or iii) any other dispute arising out of or relating to the relationship between You and ModelBase.
17. Maximum Damages.
By utilizing the Website, You agree that ModelBase does not hold USDC on behalf of a Merchant or Seller and that all USDC is sent directly from Buyer/Donor to Merchant/Seller, that You as a Buyer/Donor will perform all necessary Due Diligence on Merchant/Seller before sending USDC, and that in the event of a Dispute between Buyer and Seller, the Buyer will communicate with Seller to arrange any potential refund, and that the maximum damages awarded by ModelBase will be a refund of your most recent Premium Membership Fee.
ModelBase reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time.
18. Waiver/Severability.
The failure of ModelBase to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of ModelBase's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
19. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
20. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and ModelBase with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by ModelBase.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
We only collect the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only ModelBase employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In some cases, we may release your contact details according to governmental authorities when required to do so by law. In no instances will your private information be compromised where it could be subject to abuse by other parties.
The ModelBase Website is a cutting-edge market platform built on the Solana blockchain network that enables Buyers to pay Sellers directly to their USDC-enabled online wallets. Unlike payment processors or traditional online marketplaces:
- ModelBase does not interact or utilize the traditional banking system
- ModelBase does not deal with real-life fiat currencies
- ModelBase does not deal with cryptocurrencies
- ModelBase operates using stablecoin USDC, a so-called "Digital Dollar" created by a global consortium of leading financial giants and which is backed by real-life US dollars. One USDC equals one US dollar.
- ModelBase does not take payment on behalf ot its Merchants or Sellers
- ModelBase does not make "Payouts" to Merchants or Sellers as all USDC is sent from Buyer/Donor directly to the Merchant/Seller without any middleman
- ModelBase by technological design never touches any part of USDC sent by Buyer to the Seller.
- ModelBase never takes any transaction commission which results in 100% of USDC being transferred from Buyer/Donor's online wallet directly to Seller/Recipient's online USDC wallet within seconds
- ModelBase has strict quality guidelines for Merchants and Sellers to ensure that no illegal or offensive usage is made on its platform. Please consult our Prohibited Usage Guidelines for more details.
- ModelBase from time-to-time will perform random AML/KYC checks should any transaction look suspicious
By using this Website and/or creating an account and becoming a Member, You accept and agree to all terms, conditions and notices contained or referenced on the Website ("Terms and Conditions"). Please read the following Terms and Conditions carefully. If You do not agree to the Terms and Conditions, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions.
ModelBase reserves the right to change the Terms and Conditions at any time, without prior notice to You or any other Member or Website visitor. In such an event, all updated Terms and Conditions will take effect immediately and You agree to adhere to such updated Terms.
2. Eligibility.
To be eligible to register and create an authorized ModelBase account ("Account") and become a Member, You must be at least eighteen (18) years of age or older and a legal resident of the country in which you reside. By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement for yourself and/or on behalf of your legally registered Company and to abide by all of these Terms and Conditions. ModelBase reserves the right, in its sole and absolute discretion, to refuse service and access to any potential registrants.
3. Registration.
You must create an Account in order to become a Member. ModelBase does not charge a registration fee for You to become a Member for the Bronze Membership.
4. Your Account.
A. Account Responsibility.
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or any other country in which you may legally reside. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to [email protected]
B. Secrecy Obligation.
To create an Account, You will need to select a unique username and password ("Identifiers"). Usernames may not be derived either from email addresses or Internet sites, may not infringe upon the rights of third parties, and may not violate any rules of good conduct. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e."2345678") or letters (i.e.: "ABCDEFG"). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). ModelBase will not give Your password to any third party unless required to do so by law. ModelBase will never ask You for Your password via telephone or email.
Once You have selected the Identifiers for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify ModelBase by sending an email to [email protected], whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of ModelBase. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used and where You have not previously notified ModelBase as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; ModelBase will not issue any form of compensation.
C. No Transfer.
Only one Account is allowed per person. Multiple Accounts, as well as the setting up and operation of multiple Accounts, are prohibited. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of eighteen (18) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
5. Termination.
A. Your Right to Cancellation.
You may cancel Your Account within two (2) weeks of Your initial registration by sending an email to [email protected]. Your cancellation notice does not need to contain any reason for the cancellation.
B. Your Right to Termination.
You may terminate Your Account at any time. To terminate Your Account, please send an email to [email protected].
C. ModelBase's Right to Termination.
ModelBase reserves the right to terminate Your Account at any time based on its discretion should any illegal or offensive activity take place using its platform.
6. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by ModelBase and/or its affiliates and protected by United States and international copyright laws (© 2021 - 2024 ModelBase, Ltd. All Rights Reserved). ModelBase does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from ModelBase. Users may not provide copyrighted or other proprietary information to ModelBase without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to ModelBase's Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on this Website;
4. Information reasonably sufficient to permit the service ModelBase to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ModelBase's Designated Agent is:
ModelBase
Attn: ModelBase Legal Department
Email: [email protected]
ModelBase
Attn: ModelBase Legal Department
Email: [email protected]
ModelBase's Designated Agent is The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
ModelBase and/or its affiliates own the ModelBase trademark for its services, including, without limitation the associated graphics, logos and service marks, are trademarks of ModelBase and/or its affiliates and may not be used without prior written consent of ModelBase. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
7. Privacy and Protection of Personal Information.
ModelBase respects the privacy of visitors to our Website. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which ModelBase collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions. If You do not agree to each and every part of ModelBase's Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to ModelBase via email at [email protected].
8. Maintenance and Reporting Problems.
ModelBase conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server's security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods.
All problems encountered during the use of ModelBase's Services must be reported to ModelBase when the problem is encountered via email at [email protected].
9. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website and Service is at Your sole risk. Neither ModelBase nor any of its affiliates or their respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by ModelBase (collectively "Providers"), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. ModelBase makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, ModelBase shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized ModelBase spokesperson. Advertisers, content, Providers, users, guests, independent writers and experts are not authorized ModelBase spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PAYVIK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PAYVIK AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PAYVIK AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PAYVIK DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PAYVIK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYVIK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PAYVIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PAYVIK RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PAYVIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PAYVIK'S GOODS OR SERVICES, FROM INABILITY TO USE PAYVIK'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PAYVIK'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
10. Third Party Links.
This Website may at times contain links to other websites and may forward You to other websites within the same Internet browser window. These websites are not under the control of ModelBase, and the existence of a link on the Website does not imply any endorsement of the linked websites by ModelBase or any affiliation between ModelBase and the owners of the linked websites. ModelBase makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that ModelBase has no responsibility to You with respect to such material. ModelBase encourages You to examine the privacy policies and/or terms of use policies of any third party website.
11. Online Conduct and Abuse.
A. Online Conduct and Abuse.
You agree to use the Website and the Services provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, (ix) deliberately transferring money between Accounts (i.e. "money laundering"); (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Website; or (xii) breaching any of these Terms and Conditions.
B. Rules for Communication and Anti-Spam Policy.
It is possible for Members to contact each other on the Website. In doing so, Members are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
ModelBase opposes the practice commonly referred to as "Spam." If You are reported and a claim of "Spam" is validated by ModelBase against You, You will have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of ModelBase. Additionally, any winnings, if any, may be voided at the sole discretion of ModelBase. ModelBase defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat, via the ModelBase internal communication systems or "instant messaging" system.
C. Reporting Abuse or Inappropriate Conduct.
If you wish to report any abuses, inappropriate online conduct or a violation of ModelBase's Terms and Conditions, please forward all evidence of the same to [email protected]. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating ModelBase's Terms and Conditions.
ModelBase reserves the right to block, cancel or terminate Member Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 13(A) and 13(B). Upon the receipt of a credible and validated complaint, ModelBase may elect to immediately suspend or terminate Member's Account. (Suspension serves as a "final" warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then Challenges or Challenges which have already begun will be aborted by ModelBase and the results will not be evaluated; the Player in violation must then compensate ModelBase for any problems arising therefrom. ModelBase will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. ModelBase reserves the right to lift any suspension against You at any time, at its sole discretion. ModelBase reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
12. Prohibited and Restricted Businesses.
High-Risk Jurisdictions and Persons
Use of ModelBase's services for any dealings, engagement, or sale of goods or services either directly or indirectly with the following are prohibited:
High-risk jurisdictions
Persons located in, resident in, or a citizen of or products or services originating from jurisdictions that ModelBase has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, including, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.
High-risk persons
Persons ModelBase has determined for various reasons, including legal, contractual, and commercial reasons, to be prohibited, such as those individuals or entities named to a restricted person or party list of, or otherwise restricted by, the US, United Kingdom, European Union, or United Nations, including the sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Entity List maintained by the US Department of Commerce.
Additionally, it’s prohibited to use ModelBase's products and services to directly or indirectly:
Prohibited services
Export, re-export, sell, or supply accounting, trust and corporate formation, management consulting services, architecture services or engineering services to any person located in Russia.
Prohibited goods
Deal in any goods prohibited by law for export to or import from Russia (for example, luxury goods).
Prohibited Businesses
You must not use ModelBase's services for any illegal activities or for the businesses or product types listed below. The types of businesses listed here are representative of prohibited categories, but this is not an exhaustive list.
Any illegal products and services
Adult content and services***
Debt relief companies
Gambling
Government services
Identity services
Products and services that infringe on intellectual property rights
The legal services listed below
Lending and credit
Marijuana
Nutraceuticals and pseudo-pharmaceuticals
Non-fiat currency
Travel
Unfair, deceptive, or abusive acts or practices (acts or practices that contravene rules, laws, regulation or guidance prescribed by the Federal Trade Commission, Consumer Financial Protection Bureau or other local consumer regulatory bodies)
Weapons, firearms, explosives and dangerous materials
***How do I know if my business is offering adult content or services?
The restriction applies to any business that offers or sells pornography and other sexually explicit materials (including literature, imagery, and other media) depicting nudity, under-age participants, pedophilia, or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (for example, adult toys); adult video stores and sexually oriented massage parlors; gentleman's clubs, topless bars, and strip clubs; or any sexually oriented dating services, among others.
13. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any Challenges offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If ModelBase determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled, and ModelBase reserves the right to terminate Your Account immediately and institute civil or criminal proceedings against You and/or report You to the relevant regulatory authorities.
14. Security.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify ModelBase of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. ModelBase cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
ModelBase reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
15. Indemnification.
You agree to defend, indemnify and hold harmless ModelBase and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified ModelBase that You believe such Identifiers are no longer secure and confidential, as specified in Section 5B; (c) Your connection to any ModelBase site; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service ModelBase.
16. Arbitration.
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration except that, to the extent You have in any manner violated or threatened to violate ModelBase intellectual property rights, ModelBase may seek injunctive, equitable, or other appropriate relief in any state or federal court. You and ModelBase agree that any Dispute between You and ModelBase shall be resolved exclusively and finally by arbitration. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and ModelBase. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions or Privacy Policy, shall be joined to an arbitration involving any other party subject to these Terms and Conditions or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes solely through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from ModelBase; or iii) any other dispute arising out of or relating to the relationship between You and ModelBase.
17. Maximum Damages.
By utilizing the Website, You agree that ModelBase does not hold USDC on behalf of a Merchant or Seller and that all USDC is sent directly from Buyer/Donor to Merchant/Seller, that You as a Buyer/Donor will perform all necessary Due Diligence on Merchant/Seller before sending USDC, and that in the event of a Dispute between Buyer and Seller, the Buyer will communicate with Seller to arrange any potential refund, and that the maximum damages awarded by ModelBase will be a refund of your most recent Premium Membership Fee.
ModelBase reserves the right to make changes to its Website and these disclaimers, Terms and Conditions, Privacy Policy, and Software Terms at any time.
18. Waiver/Severability.
The failure of ModelBase to require or enforce strict performance of You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of ModelBase's right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
19. Statue of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
20. Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and ModelBase with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, Privacy Policy, or Software Terms will be effective only if in writing and signed by ModelBase.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
Privacy Policy
We value your privacy and are dedicated to ensuring that the sensitive personal information you provide to us is properly protected. All personal and financial information you submit is transmitted using maximum SSL security encryption allowed by law.
We only collect the minimum information that is needed in order to securely process your membership application and to be able to contact you to provide customer support. Your IP address is stored for security and fraud detection purposes.
Only ModelBase employees dealing with a customer support request or investigating a suspicious transaction have access to your data. In some cases, we may release your contact details according to governmental authorities when required to do so by law. In no instances will your private information be compromised where it could be subject to abuse by other parties.
Date Last Modified: May 22, 2024.