Terms Of Use Agreement

Acceptance Of Terms And Conditions

The use of this website (www.elenasmodels.com) owned and operated by Great Media Limited is conditional upon your acceptance of these terms and conditions. You will be deemed to have accepted these terms and conditions by using this website, regardless of whether or not you register as a member. If you do not agree to these terms and conditions you must not use this website. Great media Limited is the legal owner of Elena’s Models website www.elenasmodels.com, referred to as Elena’s Models.

IF YOU BECOME A ELENA’S MODELS WEBSITE SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS “PAID SERVICES” FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS. ALL PAYMENTS ARE IN USD AND WILL BE CONVERTED BY YOUR CREDIT CARD PROVIDER.

You, the member, subscriber and authorised person to make payment for any membership, accept that you are not entitled to any refund whatsoever if you do not use or choose not to use any of your paid membership services on ElenasModels.com. You agree that if you request a refund on the principle you have not used the membership at any time that it will be rejected or refused as per these terms and conditions. You agree that as a registered member you have access to search, browse and review the website, features and benefits free of charge before you purchase a membership, service, or subscription. The free membership period is considered and agreed by you to be sufficient to allow you, the member, to make an informed decision about a purchase of any service or membership. You agree that you have had the ability to properly review and assess the products and services before purchasing and therefore cannot request a refund after purchasing if you are not happy with the website’s product or services provided with your paid membership.

User Agreement

These Terms and Conditions constitute a legal agreement between you and the Company (Great Media Limited) and the website (www.elenasmodels.com) in respect of your use of the Service and the Website. This Agreement will remain in full force and effect while you use Elena’s Models or are a Member of Elena’s Models until you or Elena’s Models terminate the agreement.

"Elena's Models" the website is owned by Great Media Limited

5th Floor, suite 505,
Wing On House,
71 des Vouex Rd,
Central, Hong Kong.

All marketing and membership services of www.elenasmodels.com are operated under licence (by Great media Limited) by an Australian company EM Online Pty Ltd, Suite 328, 10 Albert Ave, Broadbeach, QLD 4218 Australia Phone: +61 (7) 5641-0334 Queensland, Australia, phone: +617 5641 0334 and it is agreed that EM Online Pty Ltd is protected under this agreement by the same terms and conditions.

Elena's Models website is www.elenasmodels.com (further referred as 'Site').

Elena's Models makes the information on this Site, including without limitation, all files, text, graphics, communications, and products available through the Site (further referred as "Materials") and all services operated by Elena's Models and third parties through the Site (further referred as "Services"), available for your use subject to the terms, conditions, restrictions and limitations set forth in this document and any changes to this Terms of Use Agreement (further referred as 'Agreement') that Elena's Models may publish from time to time. By accessing or using this Site in any way, including, without limitation, registering on the Site, using of any of the Services, searching the Site or merely browsing the Site, you agree to and are bound by the terms, conditions, restrictions and limitations of this Agreement and Elena's Models' Privacy Policy. Every time you access Elena's Models website, by doing that you confirm your agreement with Elena's Models' Privacy Policy and this Agreement. You must familiarize yourself with this information and are encouraged to update your knowledge often.

Membership Eligibility

By accessing or using the Services, you represent and warrant that:

A) You must be over 18 years of age to register as a member of the Service or to use this Website;

B) You have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity;

C) You have not previously been suspended or removed from the Services;

D) You are not a competitor of Elena’s Models and are not using the Services for reasons that are in competition with Elena’s Models, or any other reasons than for the Site's intended purpose.

E) All text and data presented in your profile must be in ENGLISH language only. Your profile will not be eligible for publication presented in any other language.

By registering on the Site you warrant that you are able to enter into this Agreement and have the rights and capacity to enter into this Agreement. You also warrant being a person of generally good character and that you will be using the Site for legitimate purposes only.

Elena's Models reserves the right, in its sole discretion, to refuse the access to the Site to users located in certain countries and to certain individuals, irrespective of their location.

NON COMMERCIAL USE

You hereby grant, represent and warrant that you will not create any databases, websites, software, legal entities and services competitive with the Website. If You are a Member, you further warrant you are not a staff member, director, shareholder, third party contractor, family member or relation, consultant or adviser to any competitor of Elena’s Models. If you violate this clause, your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. If you have any relationship to any competitor in any commercial or non-commercial relationship, you must not create a profile or join as a member of Elena’s Models. If you do join while in violation of this clause, you fully accept and confirm by your registration that you have joined for competitive and anti-competitive purposes to provide information to competitors of Elena’s Models for commercial use.

INTELLECTUAL PROPERTY OWNERSHIP

All content included on this site (including its look and feel), such as text, graphics, logos, button icons, images, video clips, and audio clips, digital downloads, data compilations, and software, is the property of the company or its content suppliers and protected by Hong Kong, Australian, United States, United Kingdom and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of the owner and is also protected by Australian, United States, United Kingdom and international copyright laws. The content on this website may be used by you for personal use only or an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this website is strictly prohibited. Elena’s Models maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringements.

Except as otherwise explicitly agreed in writing, Elena's Models-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home computer. You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose or use for circulation, the information received through the Site to anyone, including but not limited to your friends, family, or colleagues, without Elena's Models' prior written consent.

All information published on Elena's Models on behalf of its members should be treated as private and confidential and publication of such information on Elena's Models does not specify that this information is in the public domain.

Termination

This Agreement will remain in full force and effect while you use Elena’s Models/or are a Member of Elena’s Models. If you are a registered member of Elena's Models, you may terminate your membership at any time, for any reason. If you elect to terminate your membership, you need to delete your profile on the site by using the appropriate link (Settings link) via the Home page of your account. Elena's Models may terminate your membership at any time, for any reason, without informing you about it. If Elena's Models terminates your membership because you have breached the Agreement, you will not be entitled to any refund of the fees that you paid to Elena's Models. Even in the case if your membership has been terminated, this Agreement will remain in effect and you agree to be legally bound by its terms and conditions. In a case if you are unhappy with the service or product that you purchased from the Site, Elena's Models will, at its option, rectify it or refund it, such request to be made not later than 90 days after the purchase date.

The Site is for personal use of individual users only and may not be used for any other purpose than meeting a partner for a relationship. Any other use of the Site is strictly prohibited. If you intend to use the Site or the information received through the Site for any other purpose than meeting a partner for a relationship, you are informed hereby that such use will be illegal and an appropriate legal action will be taken, including without limitation, civil or criminal redress.

Uploaded Content

Any content posted by you to the Site or to any address of Elena's Models, by electronic or any other means, will become the property of Elena's Models and by posting any content to Elena's Models you automatically grant, and you represent and warrant that you have the right to grant, to Elena's Models an irrevocable, perpetual, non-exclusive, world-wide rights to use, display and distribute this content by any means known and to be discovered, and use this content for any purpose whatsoever, without any notice or compensation to you, including without limitation, the using on the Site and preparing derivative works of, or incorporating into other works. Elena's Models will not be liable to you or anyone else for any use it makes of your submission of any content to Elena's Models.

1. You will not post any inaccurate, misleading, incomplete or false information or User Content to Elena’s Models or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
2. You agree that Elena’s Models may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense. This includes Elena’s Models right to modify, crop, or edit any photos you submit.
3. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that the information or Materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
4. You will not upload video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian written consent) or any Materials that otherwise violate anyone's right of privacy or publicity.
5. You will not upload any content that contains any advertising, fundraising or promotional content, URL’s, phone numbers or social network contact details in any photos or profile information details.

Your Responsibilities and Conduct Rules

You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating or relationships. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.

You are solely responsible for your interactions with other Members. Elena's Models accepts no responsibility whatsoever for any disputes you may have with other Members. Elena's Models may, in its sole discretion, monitor such disputes but it is not obliged to do so.

1. You will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information unless authorised by the Company to do so.
2. You will not transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware.
3. You will not solicit, defraud, swindle or deceive other users of the Services.
4. You must never as a member send money to another member if solicited through the Website. Should you make a decision to send money to any member of this website, you are solely and personally responsible for your actions and the company or the Website have no legal responsibility or liability for your actions. Elena’s Models strictly forbids you, the user and the member, to send any money or pay for goods in another country for any member of this website.
5. You will not transmit "spam," junk mail, or engage in any unsolicited mass distribution of e-mail.
6. You will never send a text, write or e-mail on the website in any communication with another member or staff member of Elena’s Models profanities, sexual innuendo’s , racially discriminate, abuse, threaten or harass.

Code of conduct for communicating on ElenasModels.com

Violation of any of the following rules will lead to an immediate suspension of your account with no refund of payments. The law still applies online. All communication on Elena's Models website, including mails, blogs, dating app text messages and video calls, is subject to your national laws in areas of defamation, racial discrimination, intimidation, breach of copyright and trademark infringement.

• No Flaming; there is a difference between voicing a legitimate, factual concern or complaint and verbal or written abuse, whether it's about a person, a group of people, or a service. Be careful discussing things where emotions run high (e.g. politics and religion) and show respect for other people's opinions.
• Any material deemed inappropriate by the site's administration will be deleted upon discovery. Users who violate the Terms of Service will lose access to their accounts permanently without recourse.
• Any use of obscene language in communication with another member or Elena's Models personnel irrespective of your concern, problem or personal views will result in an immediate removal of your profile and account. Elena's Models has zero tolerance for communication that includes obscene language.
• Harassment and offensive behaviour takes many forms: Some are unlawful, some are not. However, all harassment is undesirable on Elena's Models and will most certainly breach our policies and code of conduct. Consequently, your profile and account can be removed by Elena's Models without recourse. Harassment is any type of behaviour that:
  a) is not wanted;
  b) is not asked for;
  c) is not reciprocal; and
  d) that a reasonable person would recognise as being unwelcome and likely to cause the recipient to feel offended, humiliated or intimidated.
• No racial discrimination, which is unlawful in most countries. Offensive behaviour includes posting or communicating because of the race, colour or national or ethnic origin of a person or group of people, which is reasonably likely to offend, insult, humiliate another person or a group of people.
• No sexual harassment; such behaviour includes unwanted sexual comments or suggestions, nudity, pornographic images or offensive gestures. Elena's Models will immediately suspend and remove your profile if you are deemed to have been offensive in this manner. Not everyone views behaviour in the same way. In assessing whether certain behaviour constitutes harassment, the intention of the alleged harasser is not considered. Instead, the focus is on the impact on the aggrieved and whether or not the behaviour could reasonably have been expected to harass.
• Please be advised not to message a member or support when you are overly tired, jet lagged, intoxicated, angry or upset. Your emotional state will not be accepted as an excuse for violating our communication conduct rules.

Remember – when you click on the "send" button, there is no turning back, no way to recall a message or a photo. If you feel angry, tired or upset, sleep on it first or take a break before doing something that impacts another person in a way that could be seen as impolite or offensive.

We are a community of human beings with many cultures and languages. Have respect, tolerance and peaceful understanding at all times – this includes our staff, they are here to help.

Verification and Enforcement

Elena’s Models routinely conducts screenings of its users, you agree that Elena’s Models has the right to do so at its sole discretion, and you consent to such screening and agree to provide to Elena’s Models, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if Elena’s Models believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Elena’s Models may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

No Warranty As To Identity Of Member

Authentication of identity on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website. Therefore you acknowledge the following:

YOU ACKNOWLEDGE THAT, CURRENTLY, ELENAS MODELS DOES NOT INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. ELENAS MODELS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS. YOU FURTHER ACKNOWLEDGE THAT ELENAS MODELS IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS.

MONITORING

The company reserves the right to monitor all profiles, messages, chat, instant messages and video recordings to ensure that they conform to the requirements and standards of these Terms and Conditions. The company has developed its own monitoring software with the view to provide the highest level of service and the safest online environment to its members. We also use third party providers for online security and payment functions. No personal data is collected; we strive to ensure that any third parties with which we contract for security services observes the highest data protection and privacy standards.

COMMUNICATION

The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.

UPDATE TO THIS AGREEMENT

We reserve the right to modify this agreement from time to time. If we make changes to this agreement, we will change the "Last Revision" date below and will post the updated Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.

LAST REVISION DATE: 28 October 2016

Legal Governance

You agree that this agreement will be governed by and construed in accordance with the laws of Hong Kong. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

Integrity Disclosure

Elena's Models operate all member-to-member communications with the following guarantee:

• No automated introduction messages are used by ElenasModels.com to induce communication between members.
• No automated "Bots" are hard-coded into the website to simulate profile visits, photo likes, chat requests, mails, expressions of interest, or any other communication.
• No agents or third parties provide any profiles (questionnaires, photos, videos) in exchange for a payment or commission.
• No translators or other contractors are employed to simulate communication between users.

PAID SERVICES - ALL PAYMENTS ARE USD

If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription or individual contacts to our Services (as described below), you authorize Elena’s Models and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth in the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts.

You, the member, subscriber and authorised person to make payment for any membership, accept that you are not entitled to any refund whatsoever if you do not use or choose not to use any of your paid membership services on ElenasModels.com. You agree if you request a refund on the principle you have not used the membership at any time that it will be rejected or refused as per these terms and conditions. You agree that as a registered member you have access to search, browse and review the website, features, and benefits free of charge before you purchase a paid membership. The free membership period or time using the free membership is considered and agreed by you to be sufficient to allow you, the member, to make an informed decision about a purchase of any service or membership. You agree that you have had the ability to properly review and assess the products and services before purchasing and, therefore, cannot request a refund after purchasing if you are not happy with the website’s product or services provided with your paid membership.

PRICE OF EACH LEVEL OF SERVICE IN: US DOLLARS CURRENCY

Instagram Featured Listing Membership

Ultimate Membership
- 3-month membership: $650.00
- 6-month membership: $797.00
- 12-month membership: $1195.00

Platinum Membership
- 3-month membership: $259.00
- 6-month membership: $499.00
- 12-month membership: $699.00

Gold Membership
- 3-month membership: $129.00
- 6-month membership: $168.00
- 12-month membership: $228.00

Single Services
- Individual Contacts are set out on membership options page ranging from USD20 – USD89.00 valid for one month only from the date of purchase.

Coaching Consultation Services
- Telephone and Skype Coaching Consultation – $350 per 45 minutes

Personal Listing on www.elenasmodels.com
- FREE

AUTOMATIC RENEWING OF PAID SUBSCRIPTIONS

IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED. UNLESS YOU CANCEL, A THREE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A THREE MONTH BASIS.

UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SUBSCRIPTION FEE OUTLINED BELOW AS, PLUS ANY APPLICABLE TAXES.

YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW.

SUCCESSIVE RENEWAL MEMBERSHIPS ONLY APPLY TO THE OPTIONS BELOW:

GOLD 3 Months Service

• First 3 months $129
• All following automatic payments will be $89 for every 3 months

PLATINUM 3 Months Service

• First 3 months $259
• All following automatic payments will be $199 for every 3 months

Cancellation of Subscriptions

TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, GO TO THE "SETTINGS" PAGE OF YOUR PROFILE, CLICK ON THE "RED" LINK NAMED "CANCEL SUBSCRIPTION". YOU WILL RECEIVE A NOTICE BY EMAIL CONFIRMING YOUR CANCELATION. YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM.

EXPIRATION OF MEMBERSHIP

EACH SERVICE OR MEMBERSHIP HAS A TERM OR EXPIRY DATE. YOUR EXPIRY DATE OF THE SERVICE OR MEMBERSHIP IS IDENITIFED AT THE TIME OF PURCHASE AND YOU CAN ALSO VIEW THE EXPIRY DATE ON YOUR LOGGED IN HOME PAGE.

IF YOUR SERVICE OR MEMBERSHIP EXPIRES, YOUR PRIVILAGES TO COMMUNICATE WITH ANY MEMBER YOU PREVIOUSLY HAD CONTACT WITH WILL BE REVOKED AND CANNOT BE REINSTATED FOR ANY REASON. YOU ACKNOWLEDGE THAT ELENA’S MODELS HAS NO LIABILITY OR REQUIREMENT TO ALOW YOU ACCESS TO YOUR COMMUNICATION, MAILS OR CONTACTS INFORMATION IN YOUR PROFILE ONCE YOUR SERVICE OR MEMBERSHIP EXPIRES.

MOBILE SERVICES

Mobile Software from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and ELENAS MODELS, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to ELENAS MODELS as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to ELENAS MODELS as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, ELENAS MODELS, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and ELENAS MODELS acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.

CLASS ACTION AND JURY TRIAL WAIVER

YOU AND ELENAS MODELS AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES AND YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ELENAS MODELS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

DISCLAIMER: ELENA'S MODELS, SUBSIDARIES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYESS WILL NOT BE LIABLE FOR LOSS AND DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING IN CONNECTION WITH YOUR USE OF ELENA'S MODELS, AS WELL AS ANY OF ELENA'S MODELS PARTNERS, AGENTS, ADVERTISERS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO THE USE OF THE SITES, THE INABILITY TO USE THE SITES, ANY SERVICES PURCHASED FROM THE SITES, ANY MESSAGES RECEIVED IN CONNECTION WITH YOUR USE OF THE SITES, ANY TRANSACTIONS AND CONTACTS ENTERED INTO THROUGH THE SITES OR INFORMATION THAT YOU OBTAINED THROUGH THE SITES, IRRESPECTIVE OF WHETHER YOU OR ELENA'S MODELS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. ELENA'S MODELS, ITS OWNERS, PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYBODY ELSE IN CONNECTION WITH ANY INFORMATION OR SERVICE THAT YOU OBTAINED OR PURCHASED FROM ELENA'S MODELS, AS WELL AS ITS AFFILIATES, PARTNERS, AND ADVERTISERS. ELENA'S MODELS SHALL NOT BE LIABLE FOR ACTIONS TAKEN BY ITS MEMBERS IN THEIR PERSONAL RELATIONSHIPS WITH EACH OTHER AS WELL AS IN RELATIONSHIPS WITH THEIR RELATIVES, FRIENDS, AND OTHER ACQUAINTANCES. ELENA'S MODELS SHALL NOT BE LIABLE FOR ANY INCORRECT INFORMATION SUPPLIED BY ITS MEMBERS, EITHER IT WAS DONE PURPOSEFULLY OR DUE TO NEGLIGENCE. ELENA'S MODELS SHALL NOT BE LIABLE TO YOU OR ANYBODY ELSE IF ANY OF ITS INFORMATION IS OUTDATED OR INCORRECT.

ELENA'S MODELS, ITS PARTNERS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYBODY ELSE FOR ANY MISTAKES, MISPRINTS OR MISSPELLINGS THAT MAY OCCUR IN ITS DATABASES, ADS, LISTINGS AND ON THE WEBSITE ITSELF, OR IF THE SUPPLIED INFORMATION WAS DISTORTED IN ANY OTHER WAY. THE SERVICE IS PROVIDED ON "AS-IS" BASIS BY THE SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OF THE SITE YOU AGREE TO HOLD ELENA'S MODELS HARMLESS OF ANY CLAIMS FOR POSSIBLE LOSS OR DAMAGE TO YOU OR ANYBODY ELSE THAT MAY ARISE IN CONNECTION WITH YOUR USE OF ELENA'S MODELS SITE AND THE SITES OF ITS PARTNERS, ADVERTISERS AND AFFILIATES. TO THE EXTENT PERMITTED BY THE LAW, IN CASES WHERE ELENA'S MODELS SUPPLIED SERVICES TO YOU AND THE LIABILITY IN REGARD TO THOSE SERVICES CANNOT BE EXCLUDED BY THE LAW, THE LIABILITY OF ELENA'S MODELS WILL BE LIMITED BY THE PAYMENT OF THE COST TO HAVE THE SERVICES SUPPLIED AGAIN.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY ELENA'S MODELS, SUBSIDARIES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYESS FOR ANY LOSS OR DAMAGE, INCLUDING ATTORNEY FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF ELENAS MODELS IN VOILATION OF THIS AGREEMENT THAT ARISES AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE SITE OR THE CONTACTS ENTERED THROUGH THE SITE.

This Agreement contains the entire agreement between you and Elena's Models regarding the use of the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. All rights not expressly granted are reserved.