Eminent Model Management

EMINENT MODEL MANAGEMENT

INTRODUCTION

Welcome to www.eminentmgmt.com (also referred to in these Terms of Use as “this site”). This site is owned by Eminent Worldwide, Inc. (referred to in these Terms of Use as “Eminent Models”). Please direct any questions or comments concerning this site, these Terms of Use or the Privacy Policy below to operations@eminentmgmt.com PLEASE READ THESE TERMS OF USE AND EMINENT WORLDWIDE, INC. MODEL’S PRIVACY POLICY BELOW CAREFULLY BEFORE USING THIS SITE.

By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy below. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site. Eminent Models reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions and/or deletions.

OWNERSHIP/TRADEMARKS AND COPYRIGHT

All content and information included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, Eminent Models or is the property of Eminent Models’ content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on this site is the property of Eminent Models and is protected by the laws of the United States and other countries and international treaties. Eminent Models’ marks indicated on this site are registered trademarks of Eminent Models. All other marks that are not owned by Eminent Models that appear on this site, such as those of Eminent Models’ clients, are the property of their respective owners, which may or may not be affiliated with or connected to Eminent Models. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of Eminent Models or the owner of such marks.

LICENSE AND USE OF THIS SITE

EMINENT MODELS RESERVES ALL RIGHTS TO DENY OR RESTRICT ACCESS TO THIS SITE TO ANY PARTICULAR PERSON, OR TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THIS SITE, AT ANYTIME, WITHOUT ASCRIBING ANY REASONS AND/OR NOTIFICATION WHATSOEVER.

Eminent Models grants you a limited, non-exclusive license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) frame or link to any page within or modify all or part of this site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from this site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without Eminent Models’ prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved to the owner and not transferred or licensed to you.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality (as applicable) of account information, credit card information, usernames, passwords and IDs that may be required to use this site from time to time (collectively, your "Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). Eminent Models’ site security policies are contained in this site’s Privacy Policy (below). Eminent Models reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit, or remove content or “submissions” (as defined below) and cancel orders or requests for materials made through this site.

SUBMISSIONS

Any information or materials you transmit, upload or otherwise submit to this site (including, without limitation, comments, reviews, email messages) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to this site or other means of transmission or delivery, shall be collectively referred to as "submissions." If you transmit or otherwise deliver submissions to Eminent Models, you grant Eminent Models a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such submissions or incorporate such submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to Eminent Models that you own or have been granted the necessary intellectual property and other rights in the submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to Eminent Models that no such submissions are, or shall be, subject to any obligation of confidence on the part of Eminent Models and that Eminent Models shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, Eminent Models shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without notice to or compensation to the provider of the submissions.

CONTENT LINKED TO THIS SITE

Please exercise discretion and common sense while browsing the internet while using this site. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links (alone or via banner ads or icon boxes) to other websites from this site’s pages that take you outside this site. Access these links at your own risk. This includes links to organizations, fan clubs, advertisers, and industry associations, as well as websites maintained by Eminent Models’ sponsors, Eminent Models’ clients, Eminent Models’ events, Eminent Models’ affiliates and Eminent Models’ content partners (among others) that may or may not use our logo. You agree that Eminent Models has no responsibility or obligation to review or monitor these other websites. These other websites may send their own cookies to users of their websites, collect data, or solicit personal information. These other websites may contain content or information that you may find inappropriate or offensive. Eminent Models reserves the right (but shall have no duty) to disable links from these third party websites to this site. Eminent Models makes no representations concerning the content of websites linked to this site or listed in any of our directories. Consequently, Eminent Models cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites listed in our search results or otherwise linked to this site.

FRAMING

EXCEPT AS PROVIDED BELOW, FRAMING OF THIS SITE OR ANY OF THE CONTENT IS PROHIBITED. Written permission must be secured from Eminent Models prior to framing, this website or any of the content, or engaging in similar activities. Eminent Models reserves the right to impose any terms and conditions when permitting any framing of this site and/or any of the content. Your framing of this site or any of the content, after obtaining Eminent Models’ permission, constitutes acceptance of these Terms of Use. This is deemed to be the case even after the positing of any changes or modifications to these Terms of Use. If you do not accept these Terms of Use, you must discontinue framing of this site or any of the content immediately. Under no circumstance shall Eminent Models be considered to be endorsing or verifying the contents of such websites that frame this site or any of the content, even if the framing is permitted by Eminent Models, nor shall Eminent Models be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that frame this site or any of the content, even if the framing is permitted by Eminent Models. Eminent Models reserves all rights to disable any and all frames of this site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law or statute, any applicable intellectual property, proprietary, privacy or publicity rights. Eminent Models reserves the right to disable any unauthorized frames and disclaims any responsibility for the content available on any other website reached by or from this site or any of the content.

DISCLAIMER

THIS SITE IS ACCESSED AND USED AT YOUR OWN RISK. THOUGH REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE THAT THIS SITE IS CURRENT AND CONTAINS NO INACCURACIES OR ERRORS, NO GUARANTEES ARE MADE THAT THIS SITE WILL BE ERROR-FREE, ACCURATE, COMPLETE OR CURRENT AT ALL OR ANY TIMES.

THE CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMINENT MODELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMINENT MODELS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT AND MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMINENT MODELS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Eminent Models explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of content and information found on sites that link to or from this site. Eminent Models cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. Eminent Models does not endorse any of the merchandise, products or services (if any) except as expressly provided, nor has Eminent Models taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Eminent Models does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Eminent Models and our affiliates with respect to such sites and third party content and information. Eminent Models strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your own information and for all activities that occur during your use (or anyone authorized by you) of this site. You agree to indemnify, defend and hold Eminent Models and Eminent Models’ affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any website linking to this site, and any claim brought by persons or entities (other than the parties to these Terms of Use) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with Eminent Models and our affiliates in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMINENT MODELS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR THE CONTENT, MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF EMINENT MODELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EMINENT MODELS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting Eminent Models, its clients, events, products and services and its sponsors and advertisers available in the United States and its territories, possessions and protectorates. Eminent Models makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.

TERMINATION

These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us or our service provider for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must immediately cease use of this site and promptly destroy all materials obtained from this site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must promptly destroy all content and materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512, Eminent Models reserves the right, but not the obligation, to terminate your license to use this site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), Eminent Models has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All notifications of claimed infringement should be sent to our Designated Agent. Notification must be submitted to the following

Designated Agent: EMINENT WORLDWIDE, INC.

By Mail:

Eminent Worldwide, Inc.
3100 Cleburne Street, #1307
Houston, TX-Texas 77004
United States of America
(888) 896-4604
Attention: Legal Department

By fax: 888-792-8104, Attention: Eminent Models, Legal Department

To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:

A physical or electronic signature of the person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eminent Models to locate the material;
Information reasonably sufficient to permit Eminent Models to contact you, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that you have a good faith belief that use of the content and 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GENERAL PROVISIONS

By visiting this site you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy immediately below shall be filed only in the state or federal courts located in Manhattan County, New York, New York and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action. 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. These Terms of Use and the provisions of the Privacy Policy below constitute the entire agreement between us relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Eminent Models. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No wavier of any provision or any usage rights or licenses granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this site or access to this site. The titles and subtitles used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.