PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
MODEL CITIZEN TERMS & CONDITIONS
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LENDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR PRODUCTS (DEFINED BELOW) AND BORROWERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK PRODUCTS. YOU UNDERSTAND AND AGREE THAT MODEL CITIZEN IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LENDERS AND BORROWERS, NOR IS MODEL CITIZEN A RETAILER OR INSURER. MODEL CITIZEN HAS NO CONTROL OVER THE CONDUCT OF LENDERS, BORROWERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PRODUCTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
PLEASE READ THESE TERMS AND CONDITIONS AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Certain Definitions. Unless the context otherwise requires, as used in this Agreement, the following terms will have the following meanings:
(a) “Booking Confirmation” means the requirement of a Lender to confirm or reject a Borrower’s order
(b) “Borrower” means the renter of the Products listed by the Lender via the Site, Application and Services
(c) “Rent”, “Renting” or “Rental” means the rental or payment for the temporary use of the Products
(d) “Model Citizen Content” means all Content that Model Citizen makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content
(e) “Collective Content” means Member Content and Model Citizen Content.
(f) “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials
(g) “Lend” means the act of fulfilling a listing and the associated services
(h) “Lender” means the owner of the Products that creates a Listing via the Site, Application and Services
(i) “Listing” or “Listings” means a Product, or Products, that are presented by a Lender as available for Renting via the Site, Application, and Services
(j) “Member” means a person who completes the Model Citizen account registration process, including, but not limited to Borrowers and Lenders
(k) “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services
(l) “Product” or “Products” means the clothing or accessories that are listed by a Lender and are made available for Rent
(m) “Shipment Date” means the day a Lender is required to either ship out Products to the Borrower for an on-time delivery; at least 24 hours prior to the Rental Date. Shipment Date can also mean the “Meet-up” of the Lender and Borrower to deliver product.
(n) “Rental Date” means the day a Borrower requires the Products to be delivered starting at midnight the day of
- General; Rent Not Purchase; Adult Agreement Required.
- Account Registration
In order to access certain features of the Site and Application, and to book a Product or create a Listing, You must register to create an account (“Model Citizen Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
We will create Your Model Citizen Account and Your Model Citizen Account profile page for Your use of the Site and Application based upon the personal information You provide to us You may not have more than one (1) active Model Citizen Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Model Citizen reserves the right to suspend or terminate Your Model Citizen Account and Your access to the Site, Application and Services if You create more than one (1) Model Citizen Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Model Citizen Account, whether or not You have authorized such activities or actions. You will immediately notify Model Citizen of any unauthorized use of Your Model Citizen Account.
- Product Listings
As a Member, you may create Product Listings. To this end, You will be asked a variety of questions about the Product to be listed, including, but not limited to, the designer, condition, size, features, availability of the Product, pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to Rent your Product via the Site, Application and Services based upon the information provided in Your Listing. You understand and agree that once a Borrower requests a booking of your Product, the price for such booking may not be altered.
You acknowledge and agree that You are responsible for any and all Listings You post. Accordingly, You represent and warrant that any Listing You post and the booking of a Product in a Listing You post (i) will not breach any agreements You have entered into with any third parties, (ii) that all provided information is accurate and complete and (iii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Product included in a Listing You post (b) not conflict with the rights of third parties. Please note that Model Citizen assumes no responsibility for a Lender’s compliance with any applicable laws, rules and regulations. Model Citizen reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Model Citizen, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that Model Citizen does not act as an insurer or as a contracting agent for you as a Lender. If a Borrower requests a booking of your Product and Rents Your Product, any agreement You enter into with such Borrower is between You and the Borrower and Model Citizen is not a party thereto. Notwithstanding the foregoing, Model Citizen serves as the limited authorized agent of the Lender for the purpose of accepting payments from Borrowers on behalf of the Lender and is responsible for transmitting such payments to the Lender.
Model Citizen recommends that Lenders obtain appropriate insurance for their Products. Please review any insurance policy that You may have for Your Products carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not Your insurance policy will cover the actions or inactions of Borrowers (and the individuals the Borrower allows access to the Product, if applicable) while renting Your Product.
Model Citizen may endorse Members or any Products. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or the accuracy and completeness of the information provided.
By using the Site, Application or Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Model Citizen with respect to such actions or omissions. This limitation shall not apply to any claim by a Lender against Model Citizen regarding the remittance of payments received from a Borrower by Model Citizen on behalf of a Lender, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
- Bookings and Financial Terms
The fee to Rent ("Rental Fee") Products will include the rental price as set by the Lender, insurance charges, Borrower Fee (defined below) and dry-cleaning charges in connection with the Renting of Products. Please note that it is the Lender and not Model Citizen that determines the Rental price. Rental fees also exclude applicable shipping fees. The Rental Fees and shipping fees are collectively referred to in these Terms as the “Total Fees”. A booking of a Product via the Site or Application is an order to Rent that Product, regardless of how far in advance that Product is reserved. Once a request is submitted via the Site or Application, the Lender is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Model Citizen in its sole discretion) or the requested booking will be automatically cancelled. The Borrower’s credit card will be charged the Total Fees in accordance with the Terms and the pricing terms set forth in the applicable Listing 24 hours after they receive the item and have not filed a claim regarding fit or quality. Additionally, at the time of the Rental of a Product, the Borrower hereby authorizes Model Citizen via Braintree Payments to pre-authorize their credit card for the entire original retail value of that Product set forth on the Site by the Lender ("Retail Value") and to charge the Borrower’s credit card for the Retail Value provided that we will only charge the Retail Value in the circumstances set forth below. Please note that Model Citizen cannot control any fees that may be charged to a Borrower by his or her bank related to Model Citizen’s collection of the Total Fees, and Model Citizen disclaims all liability in this regard.
Model Citizen charges a Borrower Fee (defined below) and a Lender Fee (defined below) based upon a percentage of applicable Rental Fees. The Borrower Fee is included in the Rental Fees displayed in the applicable Listing. Model Citizen will initiate payment of the Rental Fees (less Model Citizen’s Lender Fees) to the Lender within 1 week of when the Lender receives the applicable Product back from the Borrower without incident (except to the extent that a refund is due to the Borrower).
Cancelations and Refunds
If, as a Borrower, You cancel Your requested booking before the requested booking is confirmed by a Lender, Model Citizen will cancel any pre-authorization to Your credit card and/or refund any nominal amounts charged to Your credit card in connection with the requested booking within a commercially reasonable time. If, as a Borrower, you wish to cancel a confirmed booking made via the Site or Application, subsequent to a Lender confirming a booking, cancellations must be requested prior to 48 hours ahead of the Shipment Date. Our ability to refund the Rental Fee and other amounts charged to You will depend on the time at which You request the cancellation and the stated Shipment Date. We will review all cancellations or cancellation requests and in the case of extenuating circumstances, including death in the Borrower's family, serious illness of the Borrower or a Borrower's family member, natural disaster or political unrest we will refund all charges.
If a Lender cancels a confirmed booking made via the Site or Application, (i) Model Citizen will refund or release the hold of all fees for such booking to the applicable Borrower within a commercially reasonable time of the cancellation and (ii) the Borrower will receive an email or other communication from Model Citizen containing alternative Listings and other related information. If the Borrower requests a booking from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Borrower’s requested booking, then the Borrower agrees to pay Model Citizen the Total Fees relating to the confirmed booking for the Product in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed booking and you, as a Borrower, have not received an email or other communication from Model Citizen, please contact Model Citizen at Contact Us or Concierge@itsmodelcitizen.com.
If, as a Lender, You cancel a confirmed booking, You may be subject to a cancellation fee if You cancel more than once in a six month period. The cancellation fee is a charge of $50 USD for each canceled reservation after one in a six-month period or $100 USD for each canceled reservation after one in a six-month period that begins in 7 days or less. We will review all cancelations and the cancellation fee may be waived in cases of extenuating circumstances including death in the Lender's family, serious illness of the Lender or a Lender's family member, natural disaster or political unrest.
Appointment of Model Citizen as Payment Agent for Lender
Each Lender hereby appoints Model Citizen as the Lender’s limited agent solely for the purpose of collecting payments made by Borrowers on behalf of the Lender. Each Lender agrees that payment made by a Borrower to Model Citizen shall be considered the same as a payment made directly to the Lender and the Lender will make the Product available to the Borrower in the agreed upon manner as if the Lender has received the Rental Fees. Each Lender agrees that, Model Citizen may, in accordance with the cancellation policy stated above and reflected in the relevant Listing, (i) permit the Borrower to cancel the booking and (ii) refund to the Borrower that portion of the Rental Fees specified in the cancellation policy. In accepting bookings as the limited authorized agent of the Lender, Model Citizen assumes no liability for any acts or omissions of the Lender.
Please note that Model Citizen does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Model Citizen reserves the right, in its sole discretion, to charge You for and collect fees from You for the creation of Listings. Please note that Model Citizen will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Borrowers
The Lenders, not Model Citizen, are solely responsible for honoring any confirmed bookings and making available any Products reserved through the Site, Application and Services. If You, as a Borrower, choose to enter into a transaction with a Lender for the booking of a Product, You agree and understand that You will be required to enter into an agreement with the Lender and You agree to accept any terms, conditions, rules and restrictions associated with such Product imposed by the Lender. You acknowledge and agree that You, and not Model Citizen, will be responsible for performing the obligations of any such agreements, that Model Citizen is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Model Citizen disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Model Citizen is not a party to the agreement between You and the Lender, Model Citizen acts as the Lender’s payment agent for the limited purpose of accepting payments from You on behalf of the Lender. Upon Your payment of amounts to Model Citizen, which are due to the Lender, your payment obligation to the Lender for such amounts is extinguished, and Model Citizen is responsible for remitting such amounts, less Model Citizen’s Lender Fees, to the Lender. In the event that Model Citizen does not remit any such amounts to a Lender, such Lender will have recourse only against Model Citizen.
Listings for Products will specify the Rental Fees. As noted above, the Lender is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Model Citizen in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by Model Citizen will be refunded to such Borrower, and any pre-authorization of such Borrower’s credit card will be released.
In consideration for providing the Services and to cover the cost of running the Site, Model Citizen collects service fees from Lenders and Borrowers (“Service Fees”). Service Fees are made up of two (2) components: (i) Borrower Fees and (ii) Lender Fees that are charged based upon a percentage of the amount of the Rental Fees. Lender Fees are deducted from the Rental Fees before remitting the Rental Fees to the Lender. Borrower Fees are included in the Rental Fee. Model Citizen charges borrowers a 15% service fee every time a booking is made via the Site or Application to cover the payment processing cost. We charge Lenders a service fee of 20% for each completed transaction. Service Fees are calculated from the Rental Fee not the Total Fee. The rental price displayed on the website includes the Borrower Fee. Balances will be remitted by Model Citizen to Lenders via Braintree. Except as otherwise provided herein, Service Fees are non-refundable.
You understand and agree that You are solely responsible for determining Your applicable Tax reporting requirements in consultation with Your tax advisors. Model Citizen cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Lender is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Model Citizen may provide 1099-K tax forms at the end of the year in relation to income generated via the Site, Application and Services
- Our Commitments to You.
Delivery and Concierge
We will provide a platform to facilitate the delivery of the Products ordered by the Borrower from the Lender on or before the date for which the Borrower ordered them (“Rental Date”), except to the extent we informed the Borrower in connection with their order that the specific Product was not guaranteed. The Lender and Borrower are to use the Model Citizen platform for a pre-determined meet-up location. One of our partner dry cleaners, is also an option for a meet-up. We will facilitate the transaction by providing and coordinating courier service via Postmates as well as send reminders to the Lender to ship out the product on time. It is thus the Lender and not Model Citizen that has liability to You as the Borrower for failure to deliver the Product as ordered.
If you utilize our Concierge service, the Lender will utilize Postmates to coordinate a pick-up time and location on the Shipment Date with the Renter. Similarly, the Lender will coordinate a drop-off time and location with Postmates on, or before, the Rental Date period. Neither the Lender nor Model Citizen is responsible for shipping issues arising out of incorrect addresses provided by the Borrower or the Borrower failing to be present at the coordinated drop-off location.
Please note that it is the Lender, and not Model Citizen, that is responsible for shipping the Product for an on-time delivery. We will facilitate the transaction by providing and coordinating courier service and packaging as well as send reminders to the Lender to ship out the product on time. It is thus the Lender and not Model Citizen that has liability to You as the Borrower for failure to deliver the Product as ordered. This liability is limited to the timely delivery of Product as ordered or a refund of the Total Fee as determined by us. Despite all steps to provide an accurate image of the Product, Products may appear different in color and style than the photos displayed on our Website.
Return of Unworn Products Due to Size
While we do try to ensure fit by providing the exact measurements of the model in the Product images, if Your Product does not fit You, then You may return the Product to us within 24 hours (excluding holidays) of the date you received the Product by contacting us via email or phone. We will then issue You a refund for the full Rental Fee of the Product (less delivery and service charges), so long as the Product, in our sole discretion, has not been worn.
Delivery; Clean and Ready to Wear
All deliveries will be through Model Citizen’s shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at your discretion. For Rentals, the delivery is either an in-person meet-up, a partner dry cleaner, or via our Concierge. The Lender, and not Model Citizen is responsible for sending the Products professionally cleaned and delivered ready to wear. The Borrower, and not Model Citizen is responsible for returning the Products professionally cleaned and delivered ready to wear. The use of the product is at Your own risk and Model Citizen shall not be held liable for any health-related complaints associated with a product rented from our site.
On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.
- Your Commitments to Us; Payment of Retail Value
Receipt of the Products
Upon delivery to You or to the location specified at checkout or with Model Citizen, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) or delivery address is highly recommended. A Secure Shipping Address or delivery address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address or delivery address is provided, Model Citizen does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Model Citizen is not to be held liable, but You will be held liable. You will also be liable for the full retail value of the Product, as stated on the Listing, if the Product is lost due to providing an unsecure shipping address.
Use of the Products
You agree to treat the Products with great care, as if it was Your item or borrowed from Your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, as determined solely by Model Citizen, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the stated Retail Value for the Product as defined on the Listing. In the event that a Lender claims damage to a product and provides evidence of such damage, including but not limited to, photographs, You agree to pay the cost of replacing the damaged items with equivalent items, as defined by the Retail Value stated by the Lender on the Listing. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in Your Model Citizen Account. If we are unable to charge the credit card on file or otherwise collect payment from You, You agree to remit payment for any damage to the Product to Model Citizen. As a Lender, if Your Product is returned to You in a damaged condition that exceeds normal wear and tear, contact us at Contact Us within 24 hours to file a claim. Send us dated and time stamped pictures of the damage. To help ensure against any counter-claims, Lenders should take dated and time stamped photographs, front and back, of the Product before shipping the item out and email them to us at Concierge@itsmodelcitizen.com.
Quality of the Products
You, as a Lender, agree to only rent Products that are in good condition and would be items that You would be happy to receive as a Borrower. You agree to send the item in a clean and ready-to-wear condition. You agree to provide accurate descriptions as to the condition of the Product on the Listing and post photographs of any wear and tear to the Product’s Listing. If a Borrower is dissatisfied by the quality of the Product as it was represented by You, they must file a claim supported with photographs of any damage or wear and tear of the Product that was not highlighted in the Products Listing with Model Citizen within 24 hours of receiving the Product. In situations where a claim is filed, the Lender will have twenty-four (24) hours to respond. If You do not respond and it is determined in Model Citizen’s sole discretion that the Product was misrepresented by You on the Listing, You authorize Model Citizen to charge Your credit card on file with the total shipping charges attributable to that order. Any response by You must also include dated and time stamped photographs taken on the shipment date. Model Citizen may also, in our sole discretion, remove them item from the Website or require the description and photographs of the Product to be updated on the Listing.
Return of the Products; Extensions
You agree to return the Products to the Lender on the date set forth in Your order confirmation. You may request an extension of Your order for a Product via email or by phone to the Lender; it is at discretion of the Lender to accommodate and provide any extensions, not Model Citizen. The Lender must prioritize other orders for that Product to ensure no overlap. The agreement of the Borrower is a pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension to the Lender. Return of the Product must be decided in advance. The Product will be picked up by our courier service or delivered via the Borrower at the arranged location and time. If You need to adjust the time or location of the pick-up, contact the Lender if it’s a meet-up via the platform or Postmates if it’s Concierge via email or phone. Model Citizen cannot guarantee the ability to change the pick-up. If You return the Product late or not at all, a late fee of five percent (5%) of the Retail Value will be charged to You every day that You are late on top of the initial Total Fee already charged for the first three (3) or seven (7) days, after which You will be charged the full Retail Value of the Product as defined on the Listing.
Payment of Retail Value
We will not charge You for more than the Retail Value plus the Rental Value and any late fees, in the aggregate, for any charges arising under this Section 7, excluding collection costs.
If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.
We reserve the right to terminate Your right to Rent Products via the Site and Application at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing Concierge@itsmodelcitizen.com or following the links provided at the bottom of those e-mails when available.
- User Conduct
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Site, Application, Services and Content. In connection with Your use of our Site, Application and Services, You may not and You agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
- "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Model Citizen Borrower or Lender;
- offer, as a Lender, any Products that You do not yourself own or have permission to rent
- register for more than one Model Citizen Account or register for a Model Citizen Account on behalf of an individual other than yourself;
- contact a Lender for any purpose other than asking a question related to a booking, such Lender’s Products or Listings;
- contact a Borrower for any purpose other than asking a question related to a booking or such Borrower’s use of the Site, Application and Services;
- when acting as a Borrower or otherwise, recruit or otherwise solicit any Lender or other Member to join third party services or websites that are competitive to Model Citizen, without Model Citizen’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Lender or Borrower and then complete a booking of a Product transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Model Citizen’s provision of the Services;
- as a Lender, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Model Citizen’s name, any Model Citizen trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Model Citizen’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Model Citizen’s computer systems, or the technical delivery systems of Model Citizen’s providers;
- attempt to probe, scan, or test the vulnerability of any Model Citizen system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Model Citizen or any of Model Citizen’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Model Citizen will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Model Citizen may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Model Citizen has no obligation to monitor Your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Model Citizen reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Model Citizen, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Model Citizen and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
- Details on Our Commitment to You.
The limited warranties set forth in this Agreement apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in this Agreement. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in this Agreement.
Your sole and exclusive remedy and Model Citizen’s sole and exclusive liability for a breach of Model Citizen’s limited warranty shall be, at Model Citizen’s option, Model Citizen’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Total Fee (excluding insurance and delivery charges).
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
- Limitation of Liability.
No Indirect Damages
IN NO EVENT SHALL MODEL CITIZEN (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MODEL CITIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages
MODEL CITIZEN (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
Use of Results at Your Risk
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
You agree to release, defend, indemnify, and hold Model Citizen and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Site, Application, Services, or Collective Content or Your violation of these Terms; (b) Your Member Content; (c) Your (i) interaction with any Member, (ii) booking of a Product, (iii) creation of a Listing or (iv) the use, condition or rental of a Product by You, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Product.
This Agreement constitutes the entire agreement between You and Model Citizen with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Model Citizen. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws principles. You shall not assign this Agreement without Model Citizen’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Model Citizen shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
You and Model Citizen agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and Model Citizen are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Model Citizen otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Model Citizen is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Model Citizen of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Contacting Model Citizen
If you have any questions about these Terms or any App Store Sourced Application, please contact Model Citizen at Concierge@itsmodelcitizen.com or at Contact Us.