Model Agreement

This agreement (“Agreement”) is a legally binding Agreement between: you, the model (“You”, “Your”) and the operator of live.rasputinmansion.com (the “Website”), including any successor or affiliated company or entity (hereinafter “Rasputin Party Mansion”). By clicking the words “I agree,”, “Submit,” or similar syntax, you are electronically signing this document, and thereby agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this Agreement.

  1. Recitals

Rasputin Party Mansion, along with any predecessor, successor, or affiliated entity, owns and operates the Website, which provides live interactive services.

Rasputin Party Mansion wishes to contract You to provide live interactive performances (“Performances”) on the Website;

You desire to provide live interactive performances on the Website in accordance with certain obligations of this Agreement and after acknowledging the terms thereof; and,

The parties have determined that it is in their mutual best interests to reduce their agreements to writing.

The parties thus agree as follows:

  1. Ownership of Website

  1. Rasputin Party Mansion owns or has the license to use:

  • the Website, including its past, present, and future versions;

  • all webpages found within the Website;

  • all the material and information on the Website;

  • all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, interfaces, software, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and

  • all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements contained on the Website, regardless of registration.

Intellectual property laws, including copyright, patent, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, You will comply with all applicable intellectual property laws, and any specific notices contained on the Website.

  1. Rasputin Party Mansion hereby grants You a limited, nonexclusive, nontransferable, revocable license to access the Website and its content in accordance with this Agreement. By “access,” Rasputin Party Mansion means visit the Website, use its services, create accounts, and view or download Rasputin Party Mansion’s Content. “Rasputin Party Mansion’s Content” includes the text, software, interfaces, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.

  2. The license granted in section 2.2 does not include any of the following: (1) resale or commercial use of the Website, except as authorized by this agreement; (2) distribution, public performance, or public display of the Website or Rasputin Party Mansion’s Content, except as authorized by this Agreement; (3) changing or otherwise making any derivative uses of the Website and Rasputin Party Mansion’s Content, or any part thereof, unless Rasputin Party Mansion specifically authorizes the change or derivative use in a separate written agreement with You; (4) use of any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage caching) any portion of the Website or Rasputin Party Mansion’s Content except as permitted in this Agreement; or (6) any other use of the Website or Rasputin Party Mansion’s Content other than for its intended purpose. Your license to access the Website and Rasputin Party Mansion’s Content does not transfer to You ownership of or title to a copy of any content that You view, download, or print, and Rasputin Party Mansion only authorizes You to use the Website and Rasputin Party Mansion’s Content in accordance with this Agreement. If You download or print a copy of the Website or Rasputin Party Mansion’s Content for Your use, You must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or Rasputin Party Mansion’s Content except as authorized by this Agreement will terminate the license granted here. Unauthorized use of the Website or Rasputin Party Mansion’s Content may also violate intellectual property laws or other laws. Unless stated here, nothing in this Agreement should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Rasputin Party Mansion may revoke this license at any time.

  1. Payment

  1. Users of the Website may purchase credits (hereinafter referred to as “Tokens”) which they may spend in a variety of ways. Rasputin Party Mansion will pay You the agreed-upon rate per each token earned by You. Rasputin Party Mansion may adjust or deduct from the amount owed to You any refunds issued to customers related to Model’s Content, any penalties imposed upon You based on violations of this Agreement by You, and/or any other costs and expenses incurred because of Your breach of this Agreement.

  2. Rasputin Party Mansion may adjust or deduct the number of credits generated by You for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for token adjustments include customer refunds, fraud, conduct violations, and technical errors.

  3. Payments are generally issued on the 1st and 16th day of each month. Payments are calculated based on total transferred credits received by You for the respective pay period. The first pay period is from the 1st to the 15th day of the month (inclusive), and the second pay period is from the 16th to the last calendar day of the month (inclusive).

  4. Rasputin Party Mansion is not responsible for any delays or errors generated by the acts or omissions of third parties such as banks, payment processors, and outside vendors. While Rasputin Party Mansion endeavors to ensure that timely payment is made, You acknowledge that payment may be delayed in some circumstances due to causes beyond Rasputin Party Mansion’s control.

  5. Payments will be issued in the payment method selected by You at registration. Each of the offered payment methods requires a different minimum payout amount to be reached before payment may be issued. In the event that the aggregate balance of funds generated by You does not reach the minimum amount required for the selected payment method, Your account balance will continuously carry over into the next pay period, until the mandatory minimum amount for payout is met.

  1. Registration

  1. Account Creation

You must register for an account as part of the signup and registration process. To register, You must complete the registration process by providing Rasputin Party Mansion with accurate information as prompted by the registration form.

  1. Responsibility for Account

You are solely responsible for maintaining the confidentiality of your passwords and your account. You will promptly notify Rasputin Party Mansion of any unauthorized use of your account or any other breach of security.

  1. Liability for Account

Rasputin Party Mansion will not be liable for any loss that it may incur as a result of any person using Your password or account, either with or without Your knowledge.

  1. Use of Other Accounts

You will not use any third party’s account at any time.

  1. Model Content

Rasputin Party Mansion does not claim any ownership rights in Performances uploaded, broadcast, streamed, transmitted, or otherwise submitted to Rasputin Party Mansion and made available to its customers (hereinafter “members”) under this Agreement (the “Model Content”). You shall continue to retain any ownership rights that You may have in the Model Content, subject to the following limited license. By submitting Model Content, You hereby grant Rasputin Party Mansion, its affiliates, and service providers, and each of their and Rasputin Party Mansion’s respective licensees, a perpetual, nonexclusive, sublicensable, worldwide license to use, reproduce, modify, prepare derivative works of, publicly perform, publicly display, and distribute the Model Content through the Website in accordance with this Agreement. This includes the right to use the Model Content to promote and redistribute any part of the Website—and derivative works of it—in any media formats and through any media channels. You are solely responsible for the Model Content and the consequences of submitting it to the Website. By acknowledging this Agreement, You agree and represent that You possess all necessary rights to convey the license, and otherwise meet Your obligations set forth herein. You release Rasputin Party Mansion for any acts in regards to the publication, distribution, exploitation, alteration, modification, deletion, storage, or public performance of Model Content. Rasputin Party Mansion is not responsible for, does not endorse, and is not liable for any Model Content.

  1. Code of Conduct

  1. Generally

You will not use the Website to promote websites or services other than those maintained by Rasputin Party Mansion, unless specifically authorized by Rasputin Party Mansion in writing. You will not, whether individually or in concert with others, solicit, divert, or attempt to solicit or divert any business from Rasputin Party Mansion. You will not misrepresent any of the services provided by Rasputin Party Mansion, nor make any disparaging or false or misleading statements to anyone about Rasputin Party Mansion or the services offered by Rasputin Party Mansion under this Agreement. You will, at all times, act in the best interest of Rasputin Party Mansion and its employees, partners, service providers, customers, and affiliates.

  1. Rules

Rasputin Party Mansion requires that certain rules be followed. You may face penalties, including warnings, fines, token forfeitures, suspension, account closure, and potentially a permanent ban, in Rasputin Party Mansion’s sole discretion. If you engage in the following activities You will be considered in violation of Rasputin Party Mansion’s code of conduct:

  1. Deceptive or fraudulent activities, including unauthorized logging into another model’s or studio’s account or colluding with users to engage in fraudulent activity;

  2. Harassing, disparaging, defaming, or otherwise interfering with the business or personal lives of other models, studios, or users;

  3. Making disparaging comments regarding Rasputin Party Mansion, the Website, or other studios or models;

  4. Allowing any other person within the scope of the camera view unless that person is an approved Rasputin Party Mansion model;

  5. Discussing or facilitating prostitution-related services with users or other studios or models;

  6. Disclosing or publicly releasing the personal contact details of any other studio, model, or member of Rasputin Party Mansion without that person’s consent. You may not engage in such harassment on the Website, or other online/offline venues.

  7. Producing any Model Content or engaging in any conduct involving or depicting any of the following:

  • Minors, children, babies; may not be on camera, within the scope of the camera view, or in the same room

  • Bestiality or animals/pets on camera in a sexual or provocative context

  • Urination, defecation, “going to the bathroom,” enema play

  • Vomiting

  • Breastfeeding or lactation

  • Menstrual bleeding

  • Illegal drugs

  • Excessive consumption of alcohol, medicines, or narcotics

  • Sleeping or passing out

  • Hypnosis

  • Rape

  • Incest or sexual contact between family members

  • Penetration of the vagina or anus with items not meant for sexual stimulation

  • Fisting

  • Violence, cutting, blood, torture, nonconsensual pain, erotic asphyxiation, or any actions associated with bringing injury or risk of injury

  • Escorting, prostitution, or solicitation

  • Illegal or unsafe activity of any kind

  • Anything that would impair consent of any person

  1. Nudity is customary, but not required in private shows. You must inform the member within the first minute of the private show if the Performance will not include any nudity;

  2. Cheating Rasputin Party Mansion out of compensation generated from the Model Content;

  3. Interfering with the creation of Model Content by other studios or models or otherwise interfering with the duties owed by others to Rasputin Party Mansion;

  4. Violating the intellectual property, privacy, or publicity rights of Rasputin Party Mansion or any other person;

  5. Depicting, promoting, or facilitating illegal activities of any kind;

  6. Tips. You shall honor all representations made to customers in furtherance of earning credits during performances.

  7. You will not request and/or receive monetary payment from members outside of the Website’s token system during the term of this Agreement.

  8. Any attempt at fraud (e.g., working together with a member or “hacker” to accept credits paid for with stolen credit cards) will result in a permanent ban, without payment. You will report all suspicious activity to Rasputin Party Mansion. Rasputin Party Mansion may consider You complicit in fraud if You fail to report suspicious activity.

  9. You will not advertise competing websites or third-party commercial websites.

  10. You will keep Your face on camera, at least part of the time during a broadcast. You will not permanently hide Your face off camera, wear a mask, or only show Your face in private chat.

  11. You will not ask for members’ account information or log in to accounts that do not belong to You.

  12. You will not play/stream recorded video instead of actually being live on webcam.

  13. Only You may use Your keyboard in Your chatroom. Rasputin Party Mansion prohibits “operator” accounts where someone types in Your place, even if You cannot reach the keyboard or need help with the English language.

  14. You shall not broadcast from any public place where members of the public are reasonably likely to see Your performance.

  1. Co-Authored Content:Rasputin Party Mansion does not prohibit You from producing live or recorded content with other registered Rasputin Party Mansion models (hereinafter "Co-Authored Content"). In the event that You produce, or participate in, any such Co-Authored Content, Rasputin Party Mansion shall only be responsible for compensating the model's account from which any purchase of Co-Authored Content is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content made available from Your account, with any other Rasputin Party Mansion model who appears therein. Any such revenue sharing arrangement shall be governed solely by independent, private agreement between models. Rasputin Party Mansion is not responsible for enforcing any such agreements. You agree to release Rasputin Party Mansion, and hold Rasputin Party Mansion harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the model(s) participating or appearing therein, and not against Rasputin Party Mansion.

  2. Any violation of the foregoing conduct restrictions or Rules can result in a wide variety of discipline, ranging from warnings, suspension, loss of credits, or permanent termination of this Agreement, in Rasputin Party Mansion’s sole discretion. In the event that Rasputin Party Mansion chooses to reinstate You after a violation, the credits earned for the Performance resulting in the violation will be forfeited to Rasputin Party Mansion.

  1. Monitoring and Enforcement

  1. Rasputin Party Mansion may do any of the following:

  1. Remove or refuse to post any Model Content for any reason, including obscene or defamatory material or excessive length;

  2. Take any action against any submission that Rasputin Party Mansion considers necessary or appropriate, including if Rasputin Party Mansion believes that the submission breaches this Agreement, infringes any intellectual property right of any person, threatens the personal safety of users of the Website or the public, or could create liability for Rasputin Party Mansion;

  3. Disclose Your identity or other information about You to any person who claims that content posted by You violates their rights, including their intellectual-property rights or their right to privacy;

  4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website or the services; or

  5. Terminate or suspend Your access to all or part of the Website or the services for any reason, including breach of this Agreement.

  1. Rasputin Party Mansion will fully cooperate with any law enforcement authorities or court order requesting or directing Rasputin Party Mansion to disclose the identity or other information of anyone posting any content on or through the Website or the services. You hereby waive any claims You might have against Rasputin Party Mansion—including its affiliates, licensees, and service providers—resulting from any action taken by Rasputin Party Mansion during or because of its investigations and from any actions taken because of investigations by either Rasputin Party Mansion or law enforcement authorities.

  2. Rasputin Party Mansion cannot and does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Rasputin Party Mansion will not be liable for any action or inaction for transmissions, communications, or content provided by any model, user, or third party. Rasputin Party Mansion will not be liable to anyone for performance or nonperformance of the activities described in this section.

  1. Model Profile Content

Rasputin Party Mansion imposes special requirements and restrictions on text, images, or video posted to, or made available through, Your profile (“ Profile Content”). You are considered the owner of all necessary rights in Your Profile Content. Rasputin Party Mansion’s role with respect to Profile Content is purely an online intermediary and service provider. Rasputin Party Mansion reserves the right to review, disable, delete, and/or modify any Profile Content, but undertakes no obligation to do so. The license granted Rasputin Party Mansion in Section 6 of this Agreement, relating to the Model’s Content, equally applies to any Profile Content. You warrant and represent that the Profile Content: 1) is not illegal or obscene; 2) only depicts consenting adults over the age of 18 when the content was created; 3) does not promote, facilitate, encourage, or solicit child exploitation or any form of human trafficking; 4) does not infringe on any person’s intellectual property rights, publicity rights, privacy rights, or any other legal rights; 5) does not contain malicious code or malware; 6) does not include or depict individuals that are not registered Rasputin Party Mansion models; and, 7) is supported by model releases, shoot location releases, and Section 2257 records, if applicable. You warrant and represent that You own or have obtained all necessary rights in connection with Profile Content. You agree to provide Rasputin Party Mansion with any model releases, shoot location releases, and/or Section 2257 records relating to Profile Content, promptly upon request. Violation of any terms relating to Profile Content may result in discipline, including forfeiture of credits, suspension, or termination. Rasputin Party Mansion is not responsible for the unauthorized use, copying, alteration, publication, or distribution of Profile Content by third parties, including by other Rasputin Party Mansion models.

  1. Privacy/Security Warning– Enforcement of Rights

9.1 No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of Your information and data. In addition, Model’s Content may be illegally recorded by users or third parties, and graphic material depicting the model may be posted online or otherwise distributed without Your permission . Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree that Rasputin Party Mansion shall not be liable for any recording or release of private information, personal data, Performances or Model Content, and You hereby release Rasputin Party Mansion from any and all liability and claims associated therewith.

9.2 While Rasputin Party Mansion may choose to implement features designed to ban specific geographic locations, IP addresses, users or groups of users, no regional or user ban is foolproof. Any use or implementation of such feature is expressly accepted “as is” with no warranties or guarantees of performance. You acknowledge that despite any such features, banned users or regions may still be able to access, record, possess and/or distribute Model’s Content.

9.3 Rasputin Party Mansion may, in its sole discretion, decide to assist You with enforcement of intellectual property rights associated with Model Content. Such assistance may include the services of third parties. You agree and acknowledge that Rasputin Party Mansion is under no obligation to provide such enforcement assistance, and You release Rasputin Party Mansion from any claims arising from such services.

  1. Event Attendance and Participation

10.1 You acknowledge that You may elect to attend, from time to time, certain promotional events, dinner parties, meet-ups, cocktail hours, or parties at which Rasputin Party Mansion may have a presence (hereinafter collectively referred to as “Events”). You agree your attendance at Events is purely voluntary and discretionary. Rasputin Party Mansion undertakes no duty or obligation in connection with Your participation in such Events. Any obligations with respect to Events are solely between the model and the event promoter. You are expected to pay for Your own travel, lodging, meals, and incidental expenses incurred while attending an Event. Rasputin Party Mansion undertakes no liability in connection with Your attendance at Events. You acknowledge that this Agreement expressly releases Rasputin Party Mansion, its agents, employees, affiliates, attorneys, and contractors from any such liability regardless of the nature of any claim, specifically including (but not limited to) claims relating to sexual harassment, hostile workplace, discrimination, invasion of privacy, defamation, violation of publicity rights, infliction of emotional distress, inadequate security, failure to warn, negligence and/or intentional torts.

10.2 While Rasputin Party Mansion may, in its sole discretion, provide complimentary tickets to Events or access to promotional booths/items/clothing during Events, Rasputin Party Mansion shall incur no obligation to compensate You, or reimburse any cost or expense borne by You in connection with travel to or attendance at Events. Any financial incentive or offer made by Rasputin Party Mansion to You in connection with Your participation at an Event shall be purely discretionary, and Rasputin Party Mansion undertakes no financial obligation to any party in such circumstance.

10.3 You hereby release Rasputin Party Mansion, its agents, employees, affiliates, contractors, attorneys, successors, and assigns, from any and all claims or liability arising from Your participation in an Event, and from any actions or omission by Rasputin Party Mansion in connection with an Event. By electing to participate in an Event, You further expressly releases any Event promoter, sponsor, host, operator, coordinator, property owner, and/or tenant from any and all claims or liability arising from Your participation in an Event, or travel in connection with an Event.

10.4 In the event of any claim by a third party initiated against Rasputin Party Mansion based on Your participation in an Event, You agree to indemnify Rasputin Party Mansion for such claim, and hold Rasputin Party Mansion harmless from any and all liability arising from such claim, pursuant to the indemnification provisions set forth in this Agreement.

10.5 Rasputin Party Mansion shall be entitled to impose reasonable rules and restrictions on the conduct of models while attending Events. You shall take no action during any Event that would disparage, defame, or injure the reputation or business interests of Rasputin Party Mansion. Rasputin Party Mansion reserves the right to eject You from an Event, in its complete discretion. Any misconduct by You during an Event may be grounds for discipline, suspension, loss of credits, or termination.

  1. Term and Termination

  1. This Agreement will begin upon Rasputin Party Mansion’s approval of Your application for registration and will end when terminated by either party.

  2. Either party may terminate this Agreement for any reason by giving the other party written notice of termination. Your breach of this Agreement may result in immediate termination, with no obligation to Rasputin Party Mansion except to pay for earned compensation up to the point of termination unless this Agreement provides otherwise. You will forfeit any compensation due if Rasputin Party Mansion terminates the Agreement due to Your breach of this Agreement or any fraudulent or unlawful activity.

  3. On termination of this Agreement, all licenses and rights granted under this Agreement will also terminate. In addition, on termination of this Agreement, neither party will be liable to the other for any damages sustained or arising out of, or alleged to have arisen out of, the termination, whether because of a party’s loss of present or prospective profits, commissions, or payments on anticipated services, or otherwise. Termination will not affect the right of either party to receive or recover (1) damages sustained because of the breach of this Agreement by the other party or (2) any payments owed or owing under this Agreement, including payment earned through the date of termination.

  1. Trademarks

Rasputin Party Mansion’s name, its logo, and all related names, logos, product and service names, designs, and slogans (“marks”) are trademarks or service marks of Rasputin Party Mansion or its affiliates or licensors. You will not use – or permit any third party to use - Rasputin Party Mansion’s marks in any way without the advance written permission of Rasputin Party Mansion. Nothing contained in this Agreement should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, metatags, or any other “hidden text” using marks that belong to Rasputin Party Mansion or its licensors, without advanced written permission from Rasputin Party Mansion or the third party who may own the mark.

  1. Disclaimer of Warranties

  1. Rasputin Party Mansion provides all services on an “as is,” “with all faults,” and “as available” basis. Rasputin Party Mansion is not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, profitability, or fitness for a particular purpose., or warranties or guarantees of profitability, or any other warranties or guarantees of any kind, whether expressed or implied. There are no warranties of any kind that extend beyond the face of this Agreement or that arise because of course of performance, course of dealing, or usage of trade.

  2. You assume sole responsibility for all risks, consequences, and damages resulting you’re your interaction and association with the Website or Rasputin Party Mansion, including risks associated with the publicity of models appearing on the Website. The risks associated with publicly appearing on the Website include the unauthorized recording, copying, use, or distribution of the Model Content, as well as the unauthorized publication of the identity of one or more models.

  1. Limit on Liability

  1. Rasputin Party Mansion will not be liable to You for the content of any user submissions or the defamatory, offensive, or illegal conduct of any member, whether on the Website or any other location. You understand that the risk of harm or damage from this rests entirely with You, and You expressly release Rasputin Party Mansion from any liability arising out of user submissions or the conduct of any member. You further release Rasputin Party Mansion from any claims based on the actions of Rasputin Party Mansion, its agents, moderators, employees, officers or administrators, including but not limited to claims involving; negligence, sexual harassment, hostile work environment, discrimination, defamation, invasion of privacy, false light, stalking, harassment, disease, physical or mental injury, debilitating condition, emotional distress, and any other claim arising from Rasputin Party Mansion’s performance of this Agreement, other than a breach of Rasputin Party Mansion’s obligations set forth in this Agreement. The parties intend for this release to have the broadest possible legal effect.Youhereby acknowledge the risks of damage or injury associated with prolonged, public webcam performances. You have been afforded an opportunity to seek legal counsel before assenting to this Agreement, and has either done so, or chosen not to consult with legal counsel.

  2. Rasputin Party Mansion will not be liable to You for any of the following:

  1. Errors, mistakes, or inaccuracies of content, including Model Content;

  2. Personal injury or property damage of any nature resulting from Your access to and use of the Website, including interaction with users;

  3. Content (including Model Content) or conduct (including model conduct) that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, abusive, defamatory, libelous, slanderous, invasive of privacy, or otherwise illegal;

  4. Unauthorized access to or use of Rasputin Party Mansion’s servers and any personal or financial information stored in them, including unauthorized access or changes to Your account, transmissions, or data;

  5. Interruption or cessation of transmission to or from the Website;

  6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect Your computer or affect Your access to or use of the Website, its other services, hardware, or software;

  7. Incompatibility between the Website and other services, hardware, or software;

  8. Delays or failures You might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or

  9. Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.

  1. You hereby release Rasputin Party Mansion from all liability arising out of or related to the Model Content.

  1. Exclusion of Damages

  1. Unless caused by Rasputin Party Mansion’s gross negligence or its willful and wanton misconduct, Rasputin Party Mansion will not be liable to You for breach-of-contract damages that Rasputin Party Mansion could not reasonable have foreseen upon its entry into this Agreement. Nor will Rasputin Party Mansion be liable to You for any indirect, special, punitive, or exemplary damages—regardless of theory of liability—arising out of Your access to or inability to access the Website, the Content, or the services. Rasputin Party Mansion will also not be liable to You - regardless of theory of liability—for any damages associated with: (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, (10) injury to reputation, or (11) computer failure related to Your access to or inability to access the Website, the content, or the services. These exclusions of damages apply even if You told Rasputin Party Mansion about the possibility of these damages or Rasputin Party Mansion knew or should have known about the possibility of these damages.

  2. Rasputin Party Mansion’s maximum liability to You for any claim will not exceed the greater of $250 or the outstanding amount Rasputin Party Mansion owes You under this Agreement at the time of the claim, whichever is less. Recovery of these damages is Your exclusive remedy for any breach of this Agreement by Rasputin Party Mansion.

  1. Scope of Disclaimers, Exclusions, and Limits

The disclaimers, exclusions, and limits stated in sections 13, 14, and 15 apply to the greatest extent allowed by law, but no more. Rasputin Party Mansion does not intend to deprive You of any mandatory protections provided to You by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to You.

  1. Relationship of Parties

  1. This Agreement does not create an agency, employment relationship, joint or collaborative venture, or partnership of any kind between You and Rasputin Party Mansion, or their respective employees, agents, or permitted assigns.

  2. You acknowledge and state that Rasputin Party Mansion has no direct or indirect control over the monitoring, supervision, prior approval, or review of the content, performances, schedule, or services provided by You. You further acknowledge and state that Rasputin Party Mansion is not responsible for reimbursement of any expenses of performances or creation of Model Content. All such expenses shall either be borne exclusively by You. You are solely responsible for any legal liabilities or consequences resulting from Your decisions and acts relating to any Model Content generated in connection with this Agreement.

  3. Rasputin Party Mansion is not responsible for the payment of any government, state, provincial, and local taxes, levies, or any other similar fees related to payments received as a result of performance of this Agreement.

  1. Dispute Resolution

  1. Litigation Election

Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief; or (2) a suit to compel compliance with this dispute resolution provision.

  1. Negotiation

Each party will give the other a reasonable opportunity to comply before it claims that the other has not met the obligations under this Agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties relating to this Agreement. The party raising a dispute will submit to the other party a written notice and supporting material describing all issues and circumstances related to the dispute (a “dispute notice”). A primary representative designated by each party will try to resolve the dispute. If the parties’ primary representatives fail to resolve the dispute within 15 days after receiving a dispute notice, a vice president (or higher-level officer) of each party will try to resolve it.

  1. Equitable Remedies

You acknowledge that breach by You of Your obligations under this Agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, Rasputin Party Mansion may seek an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

  1. Class Action Waiver

The parties will conduct all proceedings to resolve a dispute in any forum on an individual basis only. Neither You nor Rasputin Party Mansion will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any proceeding with another without the advanced written consent of all parties to all affected proceedings.

  1. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party breaches this Agreement, and that an aggrieved party may seek injunctive relief if a breach occurs, in addition to seeking all other remedies available at law or in equity.

  1. Model Release

You warrant and represent that You have certified under the penalties of perjury, that the following “release,” written in the first-person as would be spoken and sworn under the penalties of perjury pursuant to the laws of the United States, is given to Rasputin Party Mansion:

I. “I allow Rasputin Party Mansion to use my performances, stage names, likeness, persona, voice, pictures, chat, video, audio, and anything else associated with my interaction with Rasputin Party Mansion (collectively, my “appearance”) in any way, throughout the universe, in perpetuity, and without limitation. I grant and assign to Rasputin Party Mansion all rights, title, interest, and copyrights associated with my appearance. I agree that the rights hereby granted to Rasputin Party Mansion also extend to Rasputin Party Mansion’s subsidiaries, successors, licensees, and assignees.”

II. “I hereby release and discharge Rasputin Party Mansion and its subsidiaries, successors, assignees, and licensees from all claims, demands, or causes of action that I may have, whether for libel, copyright, violation of my right of privacy or publicity, trademark, or any other matter arising out of or in any manner connected with the use of my performance or the exercise of the rights granted herein. I hereby verify that all statements, warranties, and other information given by me are true and accurate, and I agree to be legally responsible for any claims arising from these statements and warranties. I acknowledge and agree that this release, Agreement, or contract will not be subject to the terms of any union or guild agreement and that no sums will be due to me in connection with the use or reuse of my appearance. I understand that Rasputin Party Mansion is proceeding on the terms stated here, and I may not revoke this release at any time.”

III. I further release Rasputin Party Mansion from any claims based on the actions of Rasputin Party Mansion, its agents, moderators, employees, or administrators, including but not limited to claims involving; negligence, sexual harassment, hostile work environment, discrimination, defamation, invasion of privacy, false light, stalking, harassment, disease, physical or mental injury, debilitating condition, emotional distress, and any other claim arising from Rasputin Party Mansion’s actions in connection with this Agreement, or the creation of Model Content.

IV. “I am 18-years old or older. I am of sound mind and body. I am not under the influence of drugs or alcohol. I am acting of my own free will and I do not believe that I am violating any moral standards of my community. I fully understand the terms of this Agreement and I am legally able to consent to this Agreement.”

  1. General Provisions

  1. Entire Agreement

This Agreement forms the sole agreement of the parties concerning its subject matter. It supersedes all earlier written or oral discussions, negotiations, proposals, undertakings, understandings, and agreements between the parties concerning the transactions contemplated in this Agreement. No party may use any of the earlier or contemporaneous negotiations, preliminary drafts, or previous versions of this Agreement leading up to its signature and not stated in this Agreement to construe or affect the validity of this Agreement. No conditions, definitions, representations, or warranties concerning the subject matter other than as expressly stated in this Agreement will bind either party. Each party acknowledges that no party made or relied on a representation, inducement, or condition not stated in this Agreement. A printed version of this Agreement will be admissible in any proceedings arising out of (or relating to) this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

  1. Modifications

Rasputin Party Mansion may modify this Agreement on one or more occasions, except that changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. Changes will become effective on the effective date noted at the top of the modified Agreement. It is Your responsibility to periodically check the date noted at the top of this Agreement to determine if any changes have been made since Your last review. If You do not agree to the changes, Your exclusive remedy is to terminate its relationship with Rasputin Party Mansion. If You need more information about the changes or has any other questions, comments, or concerns about the changes, You may contact Rasputin Party Mansion.

  1. Assignment and Delegation

No party will assign its rights or delegate its performance under this Agreement without the advance written consent of the other party, except that Rasputin Party Mansion may assign its rights or delegate its performance to a partner or subsidiary without notice to or Your consent. Any attempted assignment or delegation in breach of this section—whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner—will be void. For purposes of this section, (1) a “change of control” is considered an assignment of rights, and (2) a “merger” refers to any merger in which a party participates, regardless of whether it is the surviving or disappearing entity.

  1. No Waiver

If any party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term.

  1. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

  1. Cumulative Remedies

All rights and remedies provided in this Agreement are cumulative and not exclusive. The assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies.

  1. Setoff

Rasputin Party Mansion may set off any liability, damages, costs, or expenses that Rasputin Party Mansion incurs arising from or relating to Your breach of this Agreement against any money that Rasputin Party Mansion owes to You under this Agreement.

  1. Successors and Assigns

This Agreement binds and inures to the benefit of the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its obligations under this Agreement.

  1. Force Majeure

Rasputin Party Mansion is not responsible for any failure to perform because of unforeseen circumstances or causes beyond Rasputin Party Mansion’s reasonable control, including:

  1. Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

  2. War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

  3. Fiber cuts;

  4. Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

  5. Failure of the telecommunications or information services infrastructure; and

  6. Hacking, internal data breach, SPAM, or any failure of a computer, server, network, or software, for so long as the event continues to delay or prevent Rasputin Party Mansion’s performance.

  7. Unforeseeable criminal or wrongful acts by its employees, agents, contractors, or vendors.

  1. Notices

  1. Sending Notice to Rasputin Party Mansion

You may send notice to Rasputin Party Mansion by email at Rasputin Party Mansion considers email notice received by it only when its server sends a return message to You acknowledging receipt.

  1. Sending Notice to You—Electronic Notice

You hereby consent to receiving any notice from Rasputin Party Mansion in electronic form either: (1) by sending email to the email address You specified when You signed up; or (2) by posting the notice on a location on the Website designated for this purpose. Rasputin Party Mansion will consider notices sent to You by email received when its email service indicates transmission to Your email address.

  1. Electronic Signatures

You acknowledge that any affirmation, assent, or agreement that You send through the Website in response to a prompt binds You to the relevant terms set forth herein. You further acknowledge that when a party clicks on an “I agree,” “I consent,” or other similarly worded “button” or entry field using a mouse, keystroke, or other computer device, this action is the legal equivalent of that party’s handwritten signature and binds the party in the same way.

  1. English language

Rasputin Party Mansion has drafted this agreement in the English language. Rasputin Party Mansion assumes that You can read and understand the English language. Rasputin Party Mansion is not liable to any party for any costs or expenses incurred to translate this Agreement into another language. The English language version controls over any translated version.

  1. Survival

Any provision of this Agreement that imposes an obligation after termination of this Agreement will survive the termination of this Agreement.

  1. Usages

In this Agreement, unless otherwise stated or the context otherwise requires, the following usages will apply:

24.1 Actions permitted by Rasputin Party Mansion under this agreement may be taken at any time and from time to time at Rasputin Party Mansion’s sole discretion.

24.2 References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

24.3 References to numbered sections in this Agreement also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.

24.4 In computing periods from a specified date to a later specified date, the words from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

24.5 References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

24.6 “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

24.7 “Including” means “including, but not limited to.”