ICON Model Management

Terms Of Use

Welcome to WWW.ICONMODELS.CA (also referred to in these Terms of Use as "this site"). This site is owned by Icon Model Management Inc. (referred to in these Terms of Use as "IMM"). Please direct any questions or comments concerning this site, these Terms of Use or the Privacy Policy below to info@iconmodels.ca. PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy. 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. IMM 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 or deletions.

OWNERSHIP

All content 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, IMM or is the property of IMM's content suppliers or licensors and protected by the laws of Canada and other countries and international treaties. The compilation of all content of this site is the property of IMM and is protected by the laws of Canada and other countries and international treaties. IMM's marks indicated on the site are trademarks of IMM. All other marks that are not owned by IMM that appear on this site, such as those of IMM's clients, are the property of their respective owners, which may or may not be affiliated with or connected to IMM. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of IMM or the owner of such marks.

LICENSE AND SITE USE

IMM grants you a limited 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 the 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 the 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 IMM's prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for 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 the site from time to time ("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). IMM's site security policies are contained in this site's Privacy Policy (below). IMM 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 IMM, you grant IMM 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 IMM 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 IMM that no such submissions are, or shall be, subject to any obligation of confidence on the part of IMM and that IMM shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, IMM 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 while browsing the internet 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 to other sites from this site's pages that take you outside this site. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by IMM sponsors, IMM clients, IMM events, IMM affiliates and IMM content partners (among others) that may or may not use our logo. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. IMM reserves the right (but shall have no duty) to disable links from these third party sites to this site. IMM makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, IMM cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.

DISCLAIMER

THE MATERIALS IN 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, IMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 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 MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 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. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IMM explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on this site or sites that link to or from this site. IMM 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. IMM does not endorse any of the merchandise (if any) except as expressly provided, nor has IMM taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. IMM 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 us with respect to such sites and third party content. IMM strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with IMM and/or any of these third parties.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold IMM and IMM's 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 site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMM 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 MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF IMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW 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 IMM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT 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 IMM, its clients, events, products and services and its sponsors and advertisers available in Canada and its territories, possessions and protectorates. IMM 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 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 cease use of this site and destroy all materials obtained from such 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 destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to applicable laws, IMM reserves the right, but not the obligation, to terminate your license to use the 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 the applicable laws, IMM 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 the Service Provider's Designated Agent. Notification must be submitted to the following

Designated Agent: By Mail: ICON Model Management Inc.
130 Spadina Avenue, Suite 402
Toronto, Ontario, m5v 2l4
Canada
416-504-4266
Attention: General Counsel By fax: 416-504-7034, Attention: General Counsel

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 IMM to locate the material;

Information reasonably sufficient to permit IMM 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 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 the Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, 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 (below) shall be filed only in the provincial or federal courts located in Brampton, Ontario 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 constitute the entire agreement between us relating to the subject matter herein, supercede 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 IMM. 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 right 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 the site or access to the site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

©Icon Model Management Inc.. All rights reserved. 2004.

PRIVACY POLICY

Privacy Policy for This Site

Your privacy on the internet is of the utmost importance to us. Because we gather certain types of information about the users of this site, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy policy discloses the privacy practices for this site ("this site") - what information we gather, how we use it and how to correct or change it. This privacy policy only addresses our activities from our servers. Other sites (including those to which this site links and third party sites or services with which IMM may have relationships) may have their own privacy policies and practices, which we do not control, and we are not responsible for nor we endorse such practices or policies.

General Privacy Information

This site contains links to partners, advertisers and third party internet sites and services who may collect data in connection with sweepstakes, promotions, e-commerce, etc. They each have separate privacy and data collection practices, independent of this site and IMM has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such sites. Please keep in mind that whenever you voluntarily and publicly disclose personal information on any online service or website - for example through email - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Further, while we take reasonable steps to protect your personal information using the security and other measures set forth herein, IMM cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

Collection and Use of Information

This site collects information about you both from what you tell us and what we collect through the use of cookies (see Cookies below). Information collected about you is used in two different ways. Information is "aggregated" -- meaning that the information from many users is grouped together in a way that does not disclose the personal information of any particular user. We may use this aggregated information to determine user traffic statistics for this site (including without limitation to determine browser usage, duration of stay, the referring URL, IP address geographical location, etc.) and to evaluate which products and services are successful and which ones are not, and in order to evaluate which new services we should make available on this site. We may use only the anonymous click stream data to help our advertisers deliver better-targeted advertisements. In addition, IMM may use personal information collected through cookies and registration pages to target e-commerce promotions and telemarketing activities for products and services related to IMM and/or its sponsors, advertisers and business partners. In addition, some of your personal information may be shared with third parties who assist IMM in producing its site or provide a service to this site's users.

Registration

Anyone who participates in any interactive activities offered on this site may be asked to register for a free guest ID and password or to complete subscription registration for an ID and password. We use this contact information from this registration form to send the registrant information about IMM, IMM affiliates, IMM events and clients, and promotional material from some of our clients, sponsors, advertisers and business partners. Users may always opt-out of receiving any such information either by responding to the relevant communication as directed or by contacting this site (see Contacting the Site and Changing Your Personal Information below). Financial information that is collected may be used to bill the user for any products and services purchased from IMM. The registrant's contact information is also used to contact the user who has purchased good from this site when necessary for customer service reasons. Unique identifiers, such as ID and passwords, are collected to verify the user's identity and for use as account numbers in our record system.

Child Online Protection Act Notification

Pursuant to the applicable laws, IMM hereby notifies you that parental control provisions (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the American Links Up Web site, http://www.netparents.org/parentstips/browsers.html. To view information on our policy regarding the privacy of children under the age of 13, please see our privacy policy.

Children Under the Age of 13

This privacy notice describes our practice of collecting, using and disclosing any personal information collected by IMM from all visitors to the Site, therefore including visitors who are children under the age of 13. If you have any questions about this policy, you may contact us by e-mail at info@iconmodels.ca, or in writing at Website Operator, Icon Model Management Inc., 130 Spadina Avenue, Suite 402, Toronto, Ontario, m5v 2l4.

IMM collects personal information from those who access the site. The personal information collected by IMM is currently limited to each visitor's name and email address. No user is required to disclose more information than is reasonably necessary. Any collected information is for IMM's internal purposes only, and is not disclosed to third parties. Information may be used for marketing purposes, and/or to provide you with IMM information which we believe may be of interest to you. In order to receive such information, marketing and otherwise, it is necessary for you to establish an account with us.

No child who visits the site is required to provide any information in order to access most of the site. If you are under age 13, please have a parent or guardian establish your account on the site. For account registration on the site, we require your name and email address. IMM will not rent or sell children's personal identifiable information. IMM will not contact children under age 13 regarding special offers or for marketing purpose without parental/guardian consent. A parent/guardian may review his or her child's personal information, ask to have it deleted and/or refuse to allow any further collection or use of his or her child's information from the site. To do any of the foregoing, please contact the site's operator through one of the methods listed above.

Cookies

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. A cookie can't read data off your hard disk or read cookie files created by other sites. This random number lets us keep track of "how many" times customers are doing specific things - like visiting our site each month - without really knowing who those customers are. We use cookies to deliver content specific to your interests and to save your member ID. Additionally, after you've entered your member ID and password during a session on our service, we save that information so you don't have to reenter it repeatedly during that session. Users should be aware that this site cannot control the use of cookies or the resulting information placed by advertisers or third parties hosting data for this site. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies maybe necessary to provide the user with certain features (e.g., customized delivery of information) available on this site.

Newsletter

We may offer newsletters to share content information about this site with interested users. We use contact data from our newsletter subscriptions to send users the newsletter. On occasion we will email customers promotional material from some of our sponsors, advertisers or business partners. Users may cancel their free email subscriptions and other communications by following the simple instructions at the bottom of each newsletter or email, or by contacting this site (see Contacting the Site and Changing Your Personal Information below).

Security

This site utilizes a variety of security measures to maintain the safety of your personal information. All user contact information is contained behind a "firewall" and only accessible by a limited number of employees who have special access rights to production systems. Passwords and credit card numbers are encrypted in this site's secure database, which is also located behind a firewall. All sensitive/credit information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted in this site's databases as stated above.

Contacting the Site and Changing Your Personal Information

If you choose to modify your personal information or you have forgotten your password, you may do so by contacting IMM. You will be required to submit a valid user ID and password for authentication before you will be able to modify your file. Because password and credit card information has been encrypted, it is completely invisible to any employee who accesses it, including our customer service team. If you desire to change your password, the customer service representative will reset to a new one after you have properly identified yourself. This site's technology department conducts frequent security audits of this site and employs a third party audit company to perform additional site security audits. If you have any questions about this Privacy Policy, the practices of this site with respect to personal information or your dealings with this site, or wish to access or change the personal information we have about you, you can contact us at info@iconmodels.ca

130 Spadina Avenue, Suite 402, Toronto, Canada | tel: 416.504.4266 | fax: 416.504.7034 [ Privacy | Terms and Conditionss ]