BRATTY MODEL, INC. TERMS OF USE
Effective as of: Tue. Apr 16, 2024, 2010
Introduction - Read this first!
Welcome to the Bratty Model website (the "Site"). The Site is operated by Bratty Model, Inc. ("Bratty Model").
These terms of use represent an agreement between you and Bratty Model. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Site. These terms of use also apply when you purchase products on Bratty Model's website; see below under “Terms of Sale.” If you don't accept this agreement, you should not register as a member on Bratty Model.
It is very important that you go through these terms of use together with your parents so that you know what you can and cannot do on the Bratty Model Site. Ask your parents to go through the conditions with you carefully and to help you register. When you register, activate your account and accept these terms of use, you become a member. This means that you accept the terms below and that you confirm that your parents have also read and accepted the terms.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.
Special Information for Parents
Contact us at the e-mail address admin@brattymodel.com if you have not accepted these terms of use and if your child has become a member of the Bratty Model Site. Bratty Model uses both technical filters and moderators who supervise what happens on Bratty Model's Site in order to offer a nice and safe environment. The moderators also answer members' reports of unpleasant and unsuitable behavior but we still urge all parents to be actively involved in following their children's activity on the Internet.
Bratty Model is dedicated to protecting the privacy of its members and handling any personal information we obtain from our members with care and respect. Please see our Privacy Policy for further information on how your child's personal information is handled.
Please note that if your child is under the age of 13 and attempts to register, the account will automatically be flagged as a pending [and limited membership account] and we will inform your child that parental consent is required to activate a full membership account. Subject to the United States federal laws and regulations (including the Childern's Online Protection Act ("COPPA"), and depending on the level of activity, we will solicit your consent to your child's registration by requesting you to consent either through an e-mail response to our "Parental Consent Form" that is e-mailed to you or by faxing to us your signed "Parental Consent Form." Until this level of verifiable parental consent is obtained, your child will only have limited access to certain features of the Site.
You may revoke your consent at any time by filling emailing us at admin@brattymodel.com. Please note that by revoking your consent, your child's Bratty Model membership is canceled in accordance with the provisions of Section 9 below.
Use of Content
Please note that Bratty Model is not a talent training service. ALL VIDEOS AND ADVICE PROVIDED THROUGH THE SITE ARE FOR ENTERTAINMENT PURPOSES ONLY. Bratty Model is not liable or responsible, in any way, for any re-enactment, simulation or imitation of acts performed by a viewer. All actions by a viewer are independent and not recommended if the viewer has any physical ailments or conditions.
BRATTY BUCKS ARE NOT REAL CURRENCY; THEY ARE USED AS REWARD POINTS AND CAN BE EXCHANGED FOR ONLY EXCLUSIVE BRATTY MODEL ITEMS AVAILABLE TO USERS ON THE WEBSITE. BRATTY BUCKS AS REWARD POINTS ARE GIVEN TO THE USER FOR CERTAIN POSITIVE ACTIONS OR ACTIVITIES PERFORMED ON THE SITE. BRATTY MODEL, INC RESERVES THE RIGHT TO DEDUCT, DELETE OR REMOVE BRATTY BUCKS FROM A USER'S ACCOUNT AT ANY TIME, FOR ANY REASON, AND, AS SUCH, IS UNDER NO OBLIGATION TO DELIVER ANY GOODS OR SERVICES ORDERED BY THE USER IN EXCHANGE FOR BRATTY BUCKS THAT WERE IN THE USERS ACCOUNT EITHER BEFORE OF AFTER REMOVAL BY BRATTY MODEL, INC.
NOTE: THE ACTION OF BRATTY BUCK REMOVAL WOULD ONLY OCCUR TO PENALIZE THOSE UNSCRUPULOUS USERS WHO ABUSE THE SPRIRIT OF BRATTY BUCK REWARD SYSTEM ( THOSE WHO “UNLIKE” US, MAKE NEGATIVE COMMENTS ABOUT BRATTY MODEL, CREATE MULTIPLE USER ACCOUNTS FOR THEMSELVES, INVITE NON EXISITENT FRIENDS AND / OR VIOLATE ANY TERM OR CONDITION CONTAINED IN THIS AGREEMENT). BRATTY BUCK REMOVAL CAN BE RETRO-ACTIVE AND ALL BRATTY BUCKS ARE NON REFUNDABLE.
The Bratty Model Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
All information, materials, functions and other content (including Submissions, as defined in Section 4 below) ("Content") contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited.
You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content.
Submissions
In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Site.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Site, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
Accounts
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify Bratty Model at admin@brattymodel.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site or any abuse of the Site or breach of these Terms of Use, including the Rules of Conduct below.
TO BE ELIGIBLE FOR A BRATTY MODEL USER ACCOUNT, THE USER MUST PROVIDE AND AUTHENTICATE A VALID EMAIL ADDRESS.
ONE INDIVIDUAL PERSON IS NOT ALLOWED TO CREATE MORE THAN ONE BRATTY MODEL ACCOUNT.
NOTE: IF ANY INDIVIDUAL USER IS SUSPECTED OF CREATING MULTIPLE USER ACCOUNTS, FALSE INVITEES, FALSE INVITATIONS, OR ANY OTHER ACIVITY DESIGNED TO FRAUDULENTLY OBTAIN BRATTY BUCKS AND/OR CHEAT THE BRATTY BUCK REWARD SYSTEM, THEN BRATTY MODEL, INC RESERVES THE RIGHT TO DELETE OR DEDUCT ANY AND ALL BRATTY BUCKS FROM THE OFFENDING USER'S ACCOUNT, PERMANTLY CLOSE THE USERS ACCOUNT AND BAN THE USER FROM THE WEBSITE BRATTYMODEL.COM.
Subject to applicable law, we may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of the Site that offers the opportunity for users to Distribute Submissions for viewing by one or more the Site users, including a chat area, message board or social community environment.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.RULES OF CONDUCT
The following Rules of Conduct apply to the Bratty Model site. By using the Site, you agree that you will not Distribute any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
ALTHOUGH WE REGULARLY REVIEW THE CONTENT ON OUR SITE, THE SUBMISSIONS AND IMAGES, WE CAN NOT GUARANTEE THAT THESE RULES OF CONDUCT WILL BE OBEYED BY EVERY MEMBER AND WE ALSO RELY ON YOU THE USER TO REPORT ANY DISTURBING IMAGES OR VIOLATIOINS OF THESE RULES TO admin@brattymodel.com IMMEDIATELY.
Cooperation; Removal of Submissions
Without prejudice to any of our other rights under these terms of use or at law, we reserve the right to (a) refuse to post or communicate or remove any Submission from the Site that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
Suspension and Cancellation of Membership
Bratty Model has the right to cancel your membership and close your account if you violate these terms of use or the regulations on Bratty Model's Site [or if you have not used your account for four months or more]. We can also close your account if you fail to pay for the goods and services that you buy or if you shop without the permission of the person who is paying according to Section "APPROVAL BY THE PERSON LAIBLE FOR PAYMENT" below.
When your membership is canceled, whatever time remains on your membership is forfeited and the Bratty Bucks in your account disappear and Bratty Model may delete all Submissions made by you. All monies paid for your membership are non-refundable.
DISCLAIMERS
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE BRATTY MODEL SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT ANY CONTENT ON THE BRATTY MODEL SITE AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
The content of, including all videos provided through, the Bratty Model Sites are intended for entertainment purposes only. Such content and videos are not intended to, and do not, constitute professional, legal, medical or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content or videos included in, or accessible through, the Bratty Model Site without seeking the appropriate parental or other professional advice. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE IS STRICTLY AT YOUR OWN RISK.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us and our officers, directors, employees, licensors, licensees, distributors, agents, representatives and other authorized users (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, INCLUDING ANY VIDEOS, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE OR THE CONTENT OR VIDEOS THEREON.
Governing Law and Venue
These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms of use or the Bratty Model Site shall be filed, and that venue properly lies, only in state or federal courts located in the City and County of San Francisco, State of California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Changes
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Site. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
We may, at any time and without prior notice, change the number of referred users needed for particular Bratty Model status levels ( the ratios ) and in conjunction, we may change the items and / or benefits available to each user under each Bratty Model Status levels and the amount of time available to watch a video after purchase.
General Provisions
If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Claims of Copyright Infringement
Notifications of claimed copyright infringement must be sent to our Designated Agent:
Bratty Model, Inc.
Attn: Administration Dept.
390 Laurel Street #204
San Francisco, Ca. 94118
E-Mail Address of Designated Agent: admin@brattymodel.com
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TERMS OF SALE
Prices and delivery
Bratty Model has the right to determine the prices on the Site and to change them. If certain products need to be shipped, then the shipping costs are not included in the price of the product, but all such costs are added to your bill and can be viewed when you complete your purchase.
We accept a variety of different methods of payment. Examples of some of these are credit cards, mobile phones, telephones, gift cards and PayPal.
The virtual products you buy become available to you as soon as possible.
Credit card security
We want you to feel secure and safe when you shop on the Bratty Model Site. You can give us your credit card information when you shop with us. We use state-of-the-art security systems available on the market and your data are protected on our servers throughout the order process with the help of encryption and firewall technology. On most web browsers a small lock is displayed on the menu bar (task bar) at the very bottom of the screen when you visit a secure site. Look to see if this icon is present when you visit a website where you are invited to give out personal information. We also use the Secure Sockets Layer (SSL) encryption in order to protect your personal data from use by unauthorized persons.
Approval by the person liable for payment
You must have gained permission from the cardholder or the primary account holder before you purchase a Bratty Model membership or Bratty Bucks. We may verify this approval over the phone. If you make purchases without such approval, Bratty Model is entitled to cancel your membership account.
No Returns or Exchanges
All products purchased through the Site, including virtual products and pay per view videos, cannot be exchanged and are non-refundable. All Bratty Bucks are non-refundable.
Delivery and errors
When Bratty Model cannot deliver products that have been ordered in the desired amounts, we reserve the right to supply equivalent substitute products or to remove that portion of the order which cannot be delivered. We cannot be held accountable for orders which are delayed or which cannot be delivered because of circumstances beyond Bratty Model's control (for example but not limited, natural disasters, wars, civil disturbances, the exercise of public authority, terrorism, fires, storms, floods, explosions, strikes, work stoppages and other labor conflicts, breakdowns in equipment, services or transport or other such causes).
Product Disclaimer
ALL PRODUCTS PURCHASED OR PROVIDED THROUGH THE BRATTY MODEL SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ALL PRODUCTS PURCHASED OR PROVIDED THROUGH THE BRATTY MODEL SITE OR ANY THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
All videos purchased or provided through the Bratty Model Site are for entertainment purposes only, and in no event shall Bratty Model be responsible or liable for any damages or harm resulting from the simulation or imitation of any acts performed or portrayed in such videos.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY OF THE PRODUCTS PURCHASED OR PROVIDED THROUGH THE BRATTY MODEL SITE OR ANY THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF ANY PRODUCTS PURCHASED OR PROVIDED THROUGH THE BRATTY MODEL SITE OR ANY THIRD PARTY SITES EXCEED THE AMOUNT PAID BY YOU FOR SUCH PRODUCTS.
