Terms & Conditions
User Terms & Conditions
Eric Inc DBA Delphine User Terms and Conditions
Last Modified: December 21, 2022
Websites Covered: https://www.delphinefilms.com
Acceptance of the Terms of Service
By accessing, using or visiting www.modelmediaus.com (the "Website"), any of its content, functionalities and services, you signify your agreement to these Terms of Service and our Privacy Policy and incorporated herein by reference.
Before Subscriber's transaction can be completed, Subscriber must read and agree to these terms and conditions, "Agreement". By applying for access and / or services from this Website, Subscriber is agreeing to these terms and conditions, and is agreeing to be legally bound by them. This Agreement is subject to change at any time. Changes are effective when posted on this Website without notice to each subscriber.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, please do not use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content.
DEFINITIONS
"Member" or "Membership," shall mean the subscriber or user of a valid username and password for the Website during the term of membership.
"Modelmediaus.com" shall mean any of the companies billing the Subscriber including any additional billing companies used by Modelmediaus.com or changes thereof.
"Website" shall mean the Website for which subscriber is purchasing a username and password in order to access the Website and its materials and obtain the benefits of Membership.
"Subscriber" shall mean the user of the services of the Website and holder of a valid username and password for the Website.
"Access Right," shall mean the combination of unique username and password that is used to access a Website. An access right is a license to use a website for a period of time that is specified.
DESCRIPTION OF SERVICES
Modelmediaus.com will provide one access right to access the Website and its materials for which Subscriber is purchasing a Membership.
PAYMENT / FEE
The Websites may have periodic subscription fees from the time of the initial enrollment for the Membership. The Subscriber is responsible for such fees according to the terms and conditions of the Website.
AUTOMATIC RECURRING BILLING (if selected by subscriber during sign-up)
Subscriber's credit card will be billed immediately after purchase.
After purchase Subscriber will receive an email notification with all payment details.
In accordance with the terms and conditions of the Website subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for the same amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes Modelmediaus.com to charge Subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes Modelmediaus.com to charge Subscriber's chosen payment method for all additional purchases of materials provided on the Website. In the event of an unsuccessful recurring payment, the Website will continue to make attempts to charge Subscriber's chosen payment method for a period not to exceed one month and keep a subscription temporarily active until the full subscription fee can be processed successfully.
ELECTRONIC RECEIPT
Subscriber will receive an email receipt to their email provided upon initial subscription. Subscriber may request a copy of the account of charges of their membership to the Website but Modelmediaus.com does not guarantee the availability of such records more than 365 days after a charge. Requests must be made directly to Modelmediaus.com. To contact Modelmediaus.com refer to Customer Support links on the Website.
CANCELLATION
At any time, and without cause, subscription to the service may be terminated by either: Modelmediaus.com, the Website, or the Subscriber upon notification of the other by electronic or conventional mail, by chat, or by telephone. Subscribers are liable for charges incurred until the date of the termination. For billing inquiries or to cancel your membership, please visit Segpay, our authorized sales agents.
REFUNDS
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all current and future recurring billing may be requested as set forth in the above paragraph. Modelmediaus.com reserves the right to grant any refunds or credits at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Modelmediaus.com for any reason, it will be credited solely to the payment method used in the original transaction. Modelmediaus.com will not issue refunds by cash, check, or to another payment mechanism.
All exchange and refund must be made within 30 days from the initial purchase date.
CARDHOLDER DISPUTES/CHARGEBACKS
We review all chargebacks carefully to ensure no party is incorrectly charged. We also reserve the right to deny future purchases to accounts with chargebacks that may lack merit depending on the circumstances. Claims of fraud are taken seriously and may result on the Website notifying Subscriber’s issuer to protect Subscriber and prevent future fraudulent charges to Subscriber’s card.
AUTHORIZATION OF USE
Subscribers to the Website are authorized to access the service or material located at this Website through a single Access Right. This Access Right shall be granted for sole use to one Subscriber. All Memberships are provided for personal use only and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Website or any material found within it is strictly prohibited unless authorized by the Website. No material within the Website may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Website may be distributed, downloaded, or otherwise obtained through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials extend to copyright, trademarks, or other proprietary notices. Modelmediaus.com and the Website reserve the right to terminate the Access Right at any time for any Subscriber if the terms of this Agreement are breached. In the event that the terms are breached, Subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Website.You have the right to download videos on this website. Downloads will be limited to 30 videos a week with day one being the day of the first download.
TRANSFER OF YOUR ACCESS RIGHT
Access to the Website - the Subscriber’s Access Right - is through a combination of a username and a password. Subscribers may not release their Access Right to any person and are required to keep their Access Right confidential. Modelmediaus.com will not release a Subscriber’s password, to anyone other than the Subscriber, except as may be required by law or court order. Unauthorized access to the Website - including sharing your Access Right with others - is a breach of this Agreement. Subscribers acknowledge that the Website may track each Subscriber's entry to the Website to prevent unauthorized access. In the event of a security breach, theft, or loss of a device containing the Access Right, resulting in potential unauthorized disclosure Subscriber must immediately notify Modelmediaus.com or the Website of said security breach.
SANCTION AND APPROVAL OF ADULT MATERIAL
This Website contains age-restricted materials. If Subscriber is under the age of 18 years, or under the age of majority in the location from where accessing this Website Subscriber does not have authorization or permission to enter or access any of its materials. If Subscriber is over the age of 18 years and over the age of majority in the location from where accessing this Website by entering the Website Subscriber hereby agrees to comply with these terms and conditions. If Subscriber is not at least eighteen (18) of age, Subscriber must exit the website immediately and may not use or access the Website or use the Services in any manner.
SUPPLEMENTARY TERMS AND CONDITIONS
The Website may have additional Terms and Conditions that are an integral part of its offering to Subscriber and are in addition to the Terms and Conditions here. Any such Terms and Conditions as listed on the Website will in no way invalidate any of the Terms and Conditions listed here. This Agreement shall be construed and enforced in accordance with the laws of the United States of America, and the state of California. Disputes arising hereunder shall be brought in either California state or federal court.
SEVERABILITY
If any provision of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any portion of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
NOTICE
Notices by the Website to Subscribers may be given by means of electronic messages through the Website, by a general posting on the Website, or by email. Notices by Subscribers may be given by email unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the Website must be directed to Modelmediaus.com.
Questions and Contact Information All questions to Modelmediaus.com regarding these terms and conditions must be directed to [email protected]
DISCLAIMER
Subscriber understands that the Website cannot and does not guarantee or warrant that file available for viewing from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. Website does not assume any responsibility or risk for Subscriber’s use of the Internet. However, in the event Website learns of such a breach, Website will notify Subscriber so that Subscriber can take the necessary precautions.
Subscriber’s use of the Website is at his or her own risk and the content is provided “as is” - without warranties of any kind, either expressed or implied. Website disclaims all warranties including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Website does not warrant that the functions or content contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
The Website does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and the Website may make changes or improvements at any time. The Website does not warrant or make any representations regarding the appropriateness of the material or content or the authorization for use in all countries, states, provinces, county or any other jurisdictions. If Subscriber chooses to access the Website, Subscriber does so at its own risk, and subject to the laws in its own jurisdiction. Subscriber is responsible for compliance with all applicable laws.
SUBSCRIPTION FEES AND SUBSCRIBER’S COMMUNICATION
Subscription and Membership fees to Website are subject to change at any time at the sole and absolute discretion of Modelmediaus.com. The official standard membership rates for the Website shall be set forth at the following link: Modelmediaus.com. The current monthly membership rate which will appear on Subscriber’s credit card bill, will be debited from Subscriber’s account, charged to Subscriber’s account, etc., depending on Subscriber’s choice of payment means.
Sponsors, Advertisers and Third Parties
The Site may provide links to sponsor, advertiser, or other third-party websites that are not owned or controlled by Modelmediaus.com. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content or advertising does not imply approval or endorsement thereof by Modelmediaus.com. Modelmediaus.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release Modelmediaus.com from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Site.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties. You agree that Modelmediaus.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Site.