Terms of Use
Revision Date: October 1 2009
Welcome to the Dante Models website. Following are the terms and conditions that govern your use of this site.
This Agreement is between Dante Models, doing business as Dante Models (“Dante Models”, “We” or “Us”) and the client (“You” or “Your” or “Visitor”) who accesses this website (“Dante-Models.com” and all it's web domain name aliases).
1. Ownership of This Website
a. This website (“Dante-Models.com” and all it's web domain name aliases) is owned and operated by Dante Models. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations and software ("Content"), is owned by Dante Models, its Licensors and its content providers.
b. All elements of the Dante Models website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Dante Models or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Dante Models or its licensors unless otherwise expressly agreed.
c. You shall indemnify Flyerstarter Services Ltd., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
2. Disclaimers
a. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FLYERSTARTER SERVICES LTD. EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. DANTE MODELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT DANTE-MODELS.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
b. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Flyerstarter Services Ltd. nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
c. Dante Models uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
d. There may be links to other websites from the Dante Models website; however, these other websites are not controlled by Dante Models and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites.
e. You waive any and all claims against Dante Models regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Dante Models provide services from this website. For example, you may obtain information regarding certain services through the Dante Models Community Page. Dante Models does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or content of these parties.
f. Some Canadian Provinces & Territories and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
3. Indemnification
a. Visitor agrees to defend, indemnify, and hold harmless Licensor, and their directors, officers, members, employees, agents, attorneys, and successors, from any and all claims, demands, losses, damage, liability, cost, and expense, including without limitation attorneys’ fees and costs incurred by Dante Models, resulting from or arising out of:
i. any inaccuracy of any representation or warranty made by Visitor; ii. any failure of Visitor to perform any obligation, covenant, or agreement hereunder; and
iii. any claim by a third party which results in a bona fide settlement, claim, or adjustment which if proved true would constitute a breach of the representations and warranties set forth in this Agreement.
b. Dante Models reserves the right to exclusively control the defense of any matter subject to indemnification by Visitor, at Visitor’s expense, and in such case, Artist agrees to cooperate with Licensor in the defense of any such claim.
4. Disclaimer of Warranties
DANTE MODELS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LICENSOR DOES NOT REPRESENT OR WARRANT THAT: THE WEBSITE WILL BE FREE FROM ERROR OR THAT USE OF IT WILL BE UNINTERRUPTED; THE CONTENT WILL BE AVAILABLE FOR LICENSE; THE WEBSITE OR ANY CONTENT THEREIN WILL BE FREE OF VIRUSES OR ANY OTHER CONTAMINATION OR DESTRUCTIVE FEAUTURES.
5. Limitation of Liability
IN NO EVENT SHALL DANTE MODELS OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUCCESSORS BE LIABLE (WHETHER IN TORT, NEGLIGENCE, CONTRACT, OR OTHERWISE) FOR ANY: DIRECT; INDIRECT; CONSEQUENTIAL; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND; LOST PROFITS; LOSS OF PROSPECTIVE COMPENSATION; GOODWILL OR LOSS THEREOF; OR DAMAGES, EXPENDITURES, INVESTMENTS, LEASES, OR ANY TYPE OF COMMITMENT MADE ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE RELIANCE UPON, THE USE OF, ACCESS TO, OR EXPLOITATION OF ANY PART OF THE WEBSITE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR WHERE SUCH DAMAGES WERE FORESEEABLE. EXCEPT FOR INDEMNIFICATION CLAIMS ARISING UNDER SECTION 9 AND THE OBLIGATION TO PAY ANY AMOUNTS DUE AND OWING, THE SOLE AND TOTAL REMEDY OF EITHER PARTY TO THE OTHER IS LIMITED TO THE TERMINATION OF THIS AGREEMENT. IF A JURISDICTION DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF ANY PARTICULAR DAMAGES, THE LIABILITY OF DANTE MODELS OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUCCESSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. Intellectual Property
Visitor agrees that they will not infringe or violate Intellectual Property rights of Dante Models Visitor further agrees that Visitor will not at any time during or after this Agreement assert to claim any interest in or do anything that may adversely affect the validity or enforceability of any Intellectual Property rights belonging or licensed to Dante Models
Visitor will not register, seek to register, or cause to be registered any of
Flyerstarter Services Ltd’s trademarks, servicemarks, logos, trade designations, or copyrights without the Flyerstarter Services Ltd’s prior written consent, nor shall Visitor adopt or use any trademark that might be confusingly similar to Dante Models’s trademarks, trade names, logos, and copyrights.
7. Governing Law, Jurisdiction and Venue
This Agreement shall be interpreted, construed and governed by the laws of the province of British Columbia, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Provincial Courts of British Columbia in Vancouver.
Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Dante Models shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Flyerstarter Services Ltd., such action is necessary or desirable.
The parties confirm that it is their wish that this Agreement as well as any other documents relating to this Agreement, including notices, has been and shall be written in the English language.
8. Confidentiality
Both parties agree that neither will divulge any specific terms or conditions of this Agreement or any information in relation to the other party’s affairs or method of carrying on business, including but not limited to revenue or other financial details to any person(s) other than those employees of either party, business partners, professional advisors, potential or actual investors, any of their subsidiaries or affiliated companies for whom such information is necessary for the performance of obligations or enforcement of rights under this Agreement; to the extent required by applicable law; or during the course of or in connection with any arbitration, litigation, or other proceeding based upon or in connection with this Agreement.
9. Assignment
Dante Models may assign this Agreement to a successor party or affiliate, which shall be bound by its terms and to the same extent as the original party. This Agreement may be assigned by Artist with Dante Models’s prior written consent, and such successor party shall be bound by its terms and to the same extent as the original party.
10. Force Majeure
a. Neither party shall be deemed to be in breach of its obligations under this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay is beyond its reasonable control, including, without limitation, any:
i. acts of God;
ii. fire, explosion, or unusually severe weather; iii. acts of terrorism,
war, invasion, riot or other civil unrest; iv. labor disputes,
v. governmental laws, orders, restrictions, actions, embargoes or
blockages;
vi. national or regional emergency.
b. If either party is affected by Force Majeure, it shall forthwith notify the other party of the nature and extent thereof and the parties shall enter into good faith discussions with a view to alleviating the effects of the Force Majeure or to agreeing upon such alternative arrangements as may be fair and reasonable for so long as the Force Majeure continues.
c. If either party’s ability to carry out its obligations hereunder is prevented, delayed or substantially interfered with by reason of Force Majeure for a consecutive period of six (6) months or more, either party shall be entitled (but not obliged) to terminate the Agreement.
11. Miscellaneous
a. With the exception of any agreements included by reference in this Agreement, this Agreement supersedes any proposal or previous agreement entered into between the parties for usage of Flyerstarter Services Ltd.'s website by Visitor. Notwithstanding the foregoing, if there is any inconsistency between this Agreement and any of the agreements included by reference hereto, the terms of this Agreement shall prevail.
The terms of any previous agreements, including any termination and survival provisions therein, shall not be enforceable. The representations and warranties in this Agreement shall govern all Submitted Content provided by Visitor, regardless of whether they were provided before or after the execution of this Agreement.
b. This Agreement, including any agreements included by reference and any Exhibits hereto, incorporates the entire understanding concerning the usage of this website covered by this Agreement between Visitor and Dante Models, and it can be modified only by a written document signed by both parties.
c. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
d. The headings of this Agreement and of individual paragraphs are for ease of reference only and shall not be taken into account for the purpose of its construction or interpretation.
e. All notices to Dante Models under this Agreement will be deemed given when delivered personally, sent by commercial overnight courier with proof of delivery, or sent by Canadian certified mail with return receipt requested, and shall be directed to the Legal Department. All notices to Visitor under this Agreement will be deemed given when delivered by mail or email delivered to the address or email address provided in Visitors’s account, or when posted on the log-in page of Visitors’s account.
Visitor's who sign up for website accounts with Dante Models agree to keep all contact information, including mailing address and email address, current in Visitor’s account. All notices shall be written in the English language.
f. This Agreement shall be binding upon and inure to the benefit of Dante Models and Visitor and their respective legal representatives, successors and permitted assigns.
g. No provision of this Agreement may be waived on behalf of either party other than in writing under the authority or written delegated authority of either party and in no case shall such waiver be valid on a continuing basis.
h. Neither party shall be considered an agent or legal representative of the other party for any purpose, and both parties acknowledge that they have no authority whatsoever to bind the other party, except in execution of the rights granted in this Agreement. No acts or assistance given by either party shall be construed to alter this relationship.
i. Dante Models shall have the right, in its sole discretion, to modify the terms of this Agreement at any time and shall advise Dante Models of any such modifications in accordance with Section 16e. Artist agrees to be bound by all such modifications.
12. Acknowledgement
BY PARTICIPATING ON THIS WEBSITE AS A VISITOR, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. YOU ALSO ACKNOWLEDGE THAT WE DO NOT ALLOW THIS WEBSITE AND/OR IT'S CONSTITUENT COMPUTER SYSTEMS TO BE ACCESSED VIA ANY AUTOMATED SOFTWARE OR CRAWLING TECHNIQUES, OTHER THAN THOSE OFFICIALLY ENDORSED BY FLYERSTARTER SERVICES LTD.
Privacy Policy
Dante Models and its affiliates respect your ability to make informed choices about the collection and uses of your personal information. This privacy policy tells you about our online collection and uses of information that identifies you personally so that you can make an informed choice about using this site.
The terms of this policy apply to www.dante-models.com and other sites which Dante Models hosts or operates, unless different terms are specified in a form or contract provided to you online or off-line. Business users should refer to the terms and conditions of service/sale for any specific conditions governing Dante Models's use of business information. Those terms and conditions take precedence over this policy, and apply to all businesses, including sole proprietorships and other small business enterprises.
The websites of Dante Models's third-party content providers may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This site is operated by Dante Models in Germany. By using this website, you understand and agree that:
(1) the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction;
(2) Dante Models may use this information for a variety of purposes including direct marketing (unless you opt out of receiving direct marketing from Dante Models);
(3) Flyerstarter Services Ltd. may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of Dante Models, and for which Dante Models assumes no responsibility;
(4) information about our customers, including personal information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the unlikely event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company; and
(5) we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
Information Collected From This Website
When you visit this website, some information, such as the site that referred you to us, your IP and email address, and navigational and purchase information, may be collected automatically as part of the site's operation. This information is used to generate user profiles and to personalise the website to your particular interests. On some occasions we may ask you to provide information on online forms.
For example, we may ask for your username, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services.
We may also ask you about your age, hobbies, income, gender or other information to participate in surveys or other online activities. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you.
How We Use Your Information
The information collected online is stored indefinitely and is used for various purposes, including processing your transactions, customer service, product and service development, direct marketing and marketing analysis, facilitating your use of this website, and customizing your image selection to your particular interests. The information we collect on this site is not shared with ANY third parties.
About Cookies
When you visit Dante Models, we place a text file called a cookie in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and purchase activity.
Cookies offer you many conveniences. They allow Dante Models, and certain of its subsidiaries and third party content providers, to recognize information, such as your account ID, and assist in determining what content is best suited to your needs.
Most browsers allow you to decline cookies, but if you elect to do so, these pages may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.
Opting Out
If you do not want to receive promotional information from Flyerstarter Services Ltd., you can opt out by entering your reigstered email address into the the form on the bottom right of the Flyerstarter Services Ltd. homepage and click 'unsubcribe'. This action will remove you from our mail list instantly.
Reviewing, Updating or Correcting Your Information
If you would like to review or revise information you previously provided on an online form, or believe that what we currently have on record is incorrect, you may update your information in the Account section of this website.
Links to Other Websites
The sites to which we link, including but not limited to the sites of subsidiaries and third party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them.
Children
We do not intend to either solicit or collect personal information from anyone under the age of 13. If you are under 13, you should not use or enter information on this website.
Questions or Concerns
If at any time you believe that Dante Models has not followed the above policy, please let us know by contacting us. We will make reasonable efforts to identify and correct any problem.
Changes to This Online Privacy Policy
We reserve the right to change the terms of this privacy policy at any time, but will not do so without posting the revised policy on this website. We encourage you to review this privacy policy whenever you visit our website to make sure you understand how we use the information we collect.
DMCA Notice
Digital Millennium Copyright Act Policy
Flyerstarter Services Ltd. is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). Dante Models respects the legitimate rights of copyright owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Dante Models's Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify Dante Models of particular facts in a document signed under penalty of perjury. We refer to this as a 'Proper DMCA Notice.' To Write a Proper DMCA notice, please provide the following information:
1. Identify yourself as either:
a. The owner of a copyrighted work(s), or
b. A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. State your contact information, including your TRUE NAME, street address, telephone number, and email address.
3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that Dante Models disable access over the World Wide Web.
5. Identify the location of the material on the World Wide Web by providing information reasonably sufficient to permit Dante Models to locate the material.
6. State that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.
7. State that the information in the notice is accurate, under penalty of perjury.
Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Dante Models (the 'Designated Agent'.) The contact information for Flyerstarter Services Ltd.'s Designated Agent is:
Mailing Address: Dante Models
Rentzelstr. 36-40
20146 Hamburg
Germany
Fax: +49 40 - 881 558 11
Email: info ( a t) dante-models.com
What We Do When We Receive A Proper DMCA Notice
Flyerstarter Services Ltd. will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the Dante Models system will comply with applicable copyright laws. However, if Dante Models is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Flyerstarter Services Ltd. will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Notice to Users of Dante Models Systems
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Dante Models also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.
Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the Flyerstarter Services Ltd. notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification, please provide the following information:
1. State that access to your website was disabled due to operation of the notice and takedown procedure.
2. Identify the material that has been removed and designate its URL prior to removal.
3. State, under penalty of perjury:
* Your name, address, and telephone number,
* That you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,
* That you consent to the jurisdiction of the Provincial Court for the judicial district in which the address is located.
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification to the Designated Agent for Dante Models, whose contact information is:
Mailing Address: Dante Models
Rentzelstr. 36-40
20146 Hamburg
Germany
Fax: +49 40 - 881 558 11
Email: info ( a t) dante-models.com
Repeat Infringers
If a website user is violating the Company's DMCA Policy or any of the Terms & Conditions, they will be subject to immediate termination. Furthermore, repeat infringers will not be tolerated.
Accommodation of Standard Technical Measures
It is Dante Models's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
Dante Models has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to Dante Models voids any claim of right made by the submitting party.