..:: KGB Model store ::..

Terms of Use

This legal Agreement between you and KGBMODELSTORE.COM and hereinafter referred to as "KGB". By accessing KGB you are accepting any/all content related materials listed on the site and E-Commerce Products/services and any content therein provided by KGB as the "Site". We will refer to any information, entertainment services and other products or services you may receive from models (in their roles as Operators) or their e-commerce listings on the Site as the "Ecommerce products/services" from other Guests will be referred to as "Guests". Guests who create listings and / or provide e-commerce products/services will also be referred to as "Operators" or "Models".

The Policies, terms and conditions below limit KGB's liability and obligations to you and allow KGB to change, suspend or terminate your access to and use of the site and e-commerce products/services. Please read the following terms and conditions below, and all policies referenced below or elsewhere on the site. The following policies and rules are incorporated into the Guest Agreement by reference and provide additional terms of use listed on each Guest's E-commerce online store. To the extent that there are any conflicts between the terms and conditions in such related policies and this Guest agreement, the terms and conditions of the Guest Agreement shall govern.

you understand that by clicking the button to make payment on the open a store page, by using the site and any e-commerce services including any content provided therein, by intitiating any form of communication with a guest or by posting any listings on the store, you are agreeing to be bound by this guest agreement that binds you in the same way that a paper contract binds you. all use of the site is subject to the terms of this guest agreement and the policies, terms and instructions refereced in the site, which is incorporated and considered as part of these terms. you must accept without modification all the terms, conditions, policies and notices referenced in this guest agreement in order to access and use the site and e-commerce services. if you do not accept this guest agreement in its entirety, you may not access or use the site or e-commerece services.

Use of E-commerce Services or provide, and consult with Purchases, at your own risk.

KGB does not evaluate, provide, produce or control the E-commerce Services, or information or exchanges between Guests, in any manner. KGB does not provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Guest. KGB does not make any editorial or managerial decisions concerning content. Nor will KGB be held responsible for any Operator's failure to comply with the laws or regulations concerning the content of listings. Instead KGB acts as a technology service that allows Guests to share information, entertainment services or other products or services among themselves. Although KGB helps its Guests connect with each other, it does not monitor the advice exchanged, and, as a result, KGB does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Guests, including without limitation any information contained in Operator listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. KGB is not responsible for use or exchange of any information, files, or goods between Guests. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and e-Commerce services, in evaluating the qualifications of, and statements made by, Guests in listing or through the Guest feedback system, and disclosing personal information to other guests. KGB strongly recommends that you do not disclose personal contact information to Guests. If you do, you do so at your own risk. KGB assumes no responsibility for monitoring any Guest feedback or otherwise policing its Guests in any way. If you ever believe that a Guest has violated the law or is defrauding, threatening or endangering anyone, KGB urges you to contact the police directly for help. In addition KGB does not recommend or encourage Guests to use the site or E-Commerce Services to solicit other Guests to meet with them in person.
KGB does not refer, endorse, recommend, verify, evaluate, or guarantee any information, entertainment services or other products or services provided by Operators or Guests, or any specific Guest, Operator or E-commerce Services, and nothing shall be considered as a referral, endorsement, or recommendation. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the e-commerce Services. Guests who initiate, receive and /or discontinue use of the E-commerce Services do so at their own risk, and KGB bears no responsibility in this regard. In accordance with its PRIVACY POLICY. KGB does not monitor transactions between Guests. KGB does reserve the right to contact Guests without revealing its identity, In order to evaluate compliance with the rules and policies set forth in this Guest agreement and to take action as set forth in the PRIVACY POLICY. Therefore, we urge you to review and understand the PRIVACY POLICY. As part of this Guest agreement you are agreeing to the terms and conditions set forth in the PRIVACY POLICY and are obligated to abide by the agreements contained in that document.
If you have a dispute with another Guest, or suffer any harm arising out of or connected with any E-commerce Services, you hereby waive all claims against and release KGB ( and its subsidiaries, employees, officers, directors, shareholders, suppliers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any E-commerce Services or with regard to such disputes. Guests must waive their local rights under analogous laws, statutes or regulations.

Eligibility to use the site and E-commerce Services

The Site and E-commerce Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and E-commerce Services are not available to temporarily or indefinitely suspend Guests.

You shall not use the Site or become a Guest if you are located or reside in a country (1) in which use or participation is prohibited by law, decree, regulation, treaty, or administrative act or (2) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia.

KGB MAY SUSPEND, MODIFY, OR TERMINATE THIS GUEST AGREEMENT WITHOUT NOTICE

KGB reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective 30 days after they are initially posted on the Site. Changes to the privacy policy are effective after KGB provides operators with at least 14 days notice of the changes by emailing operators. If any modification is not acceptable to you, your only recourse is to cease using the Site and call services. By continuing to use the Site or any E commerce services following any posting of a new guest agreement or policies on the Site, you accept and agree to be bound by new Guest agreement or policies.
Without limiting other remedies, KGB may at any time suspend or terminate your account or privileges and refuse to provide access to the Site without reason or notice to you. In addition, KGB may notify your bank and/ or authorities, to take any actions it deems appropriate without notice to you.

If KGB suspects that you have failed to comply with any provision of this Guest Agreement or any policies or rules established by KGB (or) KGB is unable to verify or authenticate any billing or payment information you provide to KGB.
If KGB suspects that your actions may be illegal or cause liability, harm or disruption for you, other guests, KGB or the site. You have the right to cancel your account by filling out the Customer Service form and selecting cancel account in the subject line or notifying us in writing. Any suspension, termination, or cancellation will not affect your obligation to pay any amounts due two KGB.

The Site is only a venue for Guest listings

KGB acts only as an E-commerce interface to facilitate transactions initiated between Guests. As a guest, you are not an employee, agent of KGB, and you shall not represent that you are in any of the foregoing. You are solely responsible for all equipment necessary to access and use the site and e-commerce services, and for reporting and payment of all taxes associated with fees transferred to you by KGB.

You are solely responsible for all use made of the Site and E-commerce Services under your password Guest account information and agreed to pay for all E-commerce services purchased using your Guest account information

The rates for E-commerce services are set forth in the applicable operator listing. "Transaction" means anything initiated using your password and Guest account. You hereby authorize KGB to collect fees for each transaction by debiting your Guest account immediately upon conclusion of each transaction, regardless of the quality or completeness. Fees for e-commerce services are calculated based on transaction amount listed you authorize KGB, directly or through its third parties, to make any inquiries we consider necessary to validate your Guest account and or listing information.
Agree and maintain the confidentiality of your Guest account information and to supervise all activities that occur under your Guest account, including, but not limited to, any and all usage of the Site by other persons under your Guest account. You agree that you will not permit, enable, introduce or facilitate

Non-Guests having access to use of the site or e-commerce services in any manner without such individuals first becoming Guests.
Other Guests to use a specific e-commerce service at the same time that you were doing so.

You agree that KGB is not responsible for any loss that you may incur as a result of any unauthorized person using your Guest account. You agree that KGB may use its information provided by you as described in the Privacy Policy.
Based on Guest account use and other factors identified by KGB in its sole discretion, KGB may require verification of your credit, identity and or other background information in order for you to continue using the Site. In such event, you agree to provide KGB with additional information that may be requested, you consent to KGB's disclosure of your personal information to third party service providers in order to verify your credit, identity and or other background information, and you authorize KGB to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

KGB will retain all ownership in the site including all URLs and content created or derived from the Site

KGB shall own all rights, title and interest in e-commerce services and the site, including but not limited to, all methods, processes, programming, formats, designs, URLs, together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works in improvements pertaining thereto. No copyrights, rights, trademarks or licenses are conferred herein by KGB, either expressly or by implication.

Using or accessing the site or e-commerce services, you agree to comply with the following:

You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Guest Agreement and the policies of KGB, and you will cooperate fully with KGB to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized KGB representatives access to any password protected portions of your Guest account.
You (as a Operator providing E-Commerce services) are solely responsible for the content provided and the content on listings created under your Guest account.
You (as a Guest receiving E-Commerce services) will not report or otherwise store any transactions that you receive through the Site. You (as a Guest receiving E-Commerce services) will not report or otherwise store any transactions you conduct with a Guest. Notwithstanding the foregoing, transactions may provide e-commerce services.
You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities of any report or analysis concerning securities
You will conduct all for-fee communications that you have with other Guests only through the Site, and you will not circumvent or attempt to circumvent the site using third-party payment services.
You will not attempt to gain unauthorized access to any Guest account information, computer system or network associated with the Site
You will not use the Site in any manner that harasses another Guest or could interfere with any other party's use or enjoyment of the site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
You will not create obscene, offensive, tasteless, or hateful Guest names or content for listings. In addition, obscenity and child pornography are prohibited on KGB because they violate the laws of the United States in many other countries
You will not use the site to solicit guests, to promote any product or service other than the information services described in your Guest listing which are provided through the site
You will provide true accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide KGB, as applicable you'll not use false identities or impersonate any other person or use a name that you are not authorized to use.
You will not solicit for employees, consultants, contractors for participation on other websites.
You will adhere to all applicable laws and regulations governing your actions in connection with the Site and (as a Operator providing E-Commerce Services) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U. S. C. 2257 and related regulations.
You will not encourage or instruct any other individual to do any of the foregoing or violate any term of the Guest agreement and KGB policies.

KGB's liability for your access to and use of the Site and E-Commerce services is limited and you are responsible for your use of the Site.

KGB will not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Site or E-Commerce services KGB and its suppliers aggregate liability to you arising with respect to the agreement will not exceed the greater of the

Total fees actually earned by KGB from you after payment to sales and other third parties in the previous 12 months
One Hundred ($100). KGB will not be liable for the consequences of any interruption or errors.

You further agree to hold harmless, defend and indemnify KGB, and its employees, subsidiaries, agents and representatives from and against any liability arising from or in any way related to your use of the site or provision of all liability or expenses arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys fees, of every kind and nature, known and unknown, foreseeable and unforeseeable, disclosed and undisclosed. KGB shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.

KGB disclaims any warranties or representations regarding the Site and E-Commerce services.

The Site and any E-Commerce services or goods obtained through the Site are provided "As Is" with no warranty of any kind. KGB and its suppliers expressly disclaim all warranties, express or implied, regarding the Site, E-Commerce services and all communications between Guests made through the Site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, KGB makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

Assignment

You shall not assign this Guest agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntary or by operation of law, without the prior written consent of KGB, any such assignment or delegation by you without the appropriate prior written consent of KGB will be null and void and of no force or effect, unless otherwise expressly consented to by KGB at its sole and absolute discretion. KGB may assign this agreement or any rights hereunder without your consent.

No joint venture

Notwithstanding any provision hereof, for all purposes of this Guest agreement each party shall be independent and act independently and not as a contractor, partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

KGB prohibits the unauthorized use of copyrighted materials and trademarks

You shall not use the Site to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates promotes the violation of the intellectual property rights of any third party.

Notwithstanding the foregoing, KGB will comply as appropriate with the terms of any court relating to the behavior of the challenged party identified in such court order.

Notice any notice or other communication to be given hereunder will be in writing is transmitted facsimile or email, and five (5) days after receipt by the US Postal Service in the case of United States mail.

Venue

Any controversy or claim arising out of or relating to this Guest agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance to the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and un-appealable. The arbitration shall be conducted in the state of Florida, Palm Beach County, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.