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Use Policy, Billing Terms & Service Agreement
Terms
of Use - All Agreements
Welcome to ModelServ a division of Digital
Runway Inc. . We maintain our web sites as a service to
our customers. By using our sites, you are agreeing to comply
with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree
to these terms, you should not review information or obtain
goods or products from our sites.
- Acceptance of Agreement. You agree to the terms
and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site,
the content, products or services provided by or through
the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property)
rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site,
except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the Site.
The posting of information or materials on the Site
does not constitute a waiver of any right in such information
and materials.
- Trademarks. Digital Runway, Digitalrunway,
ModelServ, The Four Hundred, Z-comp, The Model Review
and others are either trademarks or registered trademarks
of Digital Runway, Inc. Other product and company names
mentioned on the Site may be trademarks of their respective
owners.
- Limited Right to Use. The viewing, printing
or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal
use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document
may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale
or redistribution).
- Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any
documents, information or other content appearing on
the Site.
- Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your violation
of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site
is not transferable. Any password or right given to
you to obtain information or documents is not transferable.
- Disclaimer and Limits. THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
All responsibility or liability for any
damages caused by viruses contained within the electronic
file containing the form or document is disclaimed. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
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Use of Information. We reserve
the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all
information provided by you in any manner consistent
with our Privacy Policy.
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Third-Party Services. We allow
access to or advertise third-party merchant sites ("Merchants")
from which you may purchase certain goods or services.
You understand that we do not operate or control the
products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not
a party to the transactions entered into between you
and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you
while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority
to make any representations or commitments on behalf
of the other.
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Privacy Policy. Our Privacy Policy,
as it may change from time to time, is a part of this
Agreement.
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Payments. You represent and warrant
that if you are purchasing something from us or from
Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
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Securities Laws. This Site may
include statements concerning our operations, prospects,
strategies, financial condition, future economic performance
and demand for our products or services, as well as
our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and
the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
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Links to other Web Sites. The
Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
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Copyrights and Copryright Agents.
We respect the intellectual property of others, and
we ask you to do the same. If you believe that your
work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the
following information:
(a) An electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright interest;
(b) A description of the copyrighted
work that you claim has been infringed;
(c) A description of where the material
that you claim is infringing is located on the Site;
(d) Your address, telephone number, and
email address;
(e) A statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty
of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims
of copyright infringement on the Site is Brian Olson who
can be reached as follows: By mail:
Brian Olson
Copyright Agent
c/o Digital Runway, Inc.
PO Box 36746
Los Angels, CA 90036
By email: ceo@digitalrunway.net
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Refund Policy. If a product purchased
by you proves to be defective or not to your reasonable
satisfaction, you can return the product within 21 days
of receipt, to the following address: Digital Runway
Inc. PO Box 36746 Los Angels, CA 90036. In such event,
we will provide you a credit for other purchases on
the Site (less shipping and handling charges incurred).
This Section sets forth your sole and exclusive right
to refund and return.
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Information and Press Releases.
The Site contains information and press releases about
us. While this information was believed to be accurate
as of the date prepared, we disclaim any duty or obligation
to update this information or any press releases. Information
about companies other than ours contained in the press
release or otherwise, should not be relied upon as being
provided or endorsed by us.
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Miscellaneous. This Agreement
shall be treated as though it were executed and performed
in Los Angeles, California and shall be governed by
and construed in accordance with the laws of the State
of California (without regard to conflict of law principles).
Any cause of action by you with respect to the Site
(and/or any information, products or services related
thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set
forth in Section 8 and Section 10. The language in this
Agreement shall be interpreted as to its fair meaning
and not strictly for or against either party. All legal
proceedings arising out of or in connection with this
Agreement shall be brought solely in Los Angeles, California.
You expressly submit to the exclusive jurisdiction of
said courts and consents to extra-territorial service
of process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
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