PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND
CONDITIONS.
Welcome to “D” Dan’s Entertainment Agency and ddans.com
OR one of its wholly owned online focus companies (most begin with the
letters BCH)
(et. al, hereinafter reffered to as this "Site" or "Website"), provided by “D” Dan’s Entertainment Agency (“D” Dan’s Entertainment Agency
and ddans.com"). These terms and conditions of use may be changed
in the future without further notice. Your continued use of this Site
after any such changes constitutes your acceptance of the new terms.
Further, these terms and conditions apply exclusively to your access to,
and use of, this Site and do not alter in any way the terms or
conditions of any other agreement you may have with “D” Dan’s
Entertainment Agency and ddans.com, now or in the future for products, services,
Entertainers or otherwise.
Privacy Policy - General Public
“D” Dan’s Entertainment Agency and ddans.com believes strongly in protecting user privacy. Therefore, “D” Dan’s Entertainment Agency and ddans.com is in the process of developing a written privacy policy. In the future, Users of this Site should refer to our Privacy Policy for information about how “D” Dan’s Entertainment Agency and ddans.com uses and collects information. Regarding non Artist(s) users, (not represented Artist or Entertainers seeking our representation or viewing ddans.com) we will NOT convey your information to anyone that you do not specifically direct us to do so. Your personal information may be given to our successors or assigns only as it relates to business matters in progress, otherwise, email address will not be given to anyone unless directed by you. We reserve the right to email, phone or write you as it relates to client / business relationship. You may, from time to time, be included in mass emails sent by ddans.com to inform you of personalities in the your area or information, pictures, sound clips as it relates to business matters. Your passwords will be kept on a secure server and will not be available to anyone but yourself and ddans.com. Your username may be visible, to you and others, as you use ddans.com.
Privacy and Promotional Release - current or prospective Artist and Entertainers.
The following declaimer / consent and promotional release is also located in the Artist and New Artist section of ddans.com:
“D” Dan’s Entertainment Agency and ddans.com believes strongly in protecting user privacy. Therefore, “D” Dan’s Entertainment Agency and ddans.com is in the process of developing a written privacy policy. In the future, Users of this Site should refer to our Privacy Policy for information about how “D” Dan’s Entertainment Agency and ddans.com uses and collects information. Regarding Artist(s) and Entertainer users, we will NOT convey your personal information, address, phone number to anyone that you do not specifically direct us to do so without a subsequent written Agent-Artist Agreement. As an Artist you agree any information, including, but not limited to, your image, videos, photographs, biography, music, voice, song list, and any other digital material transmitted to "D" Dan's Entertainment Agency or ddans.com shall act as, and be considered, a PROMOTIONAL RELEASE and "D" Dan's shall be held harmless of any claim arising hence forth. By transmitting such information to "D" Dan's Entertainment Agency Artist agrees and with intent gives full permission to "D" Dan's Entertainment Agency, its successors or assigns to subsequently transmit or reproduce, by any means, any such materials or information "for promotional purposes". Your email address, personal address, phone number(s) will not be given to anyone except for Government agencies having jurisdiction and the right to such information. We reserve the right to email, phone or write you as it relates to Artist - Agent business relationship or other matters. You may, from time to time, be included in mass emails sent by ddans.com conveying information.. Your passwords will be kept on a secure server and will not be available to anyone but yourself and ddans.com. Your username may be visible, to you and others, as you use ddans.com. This Promotional release may be followed up with a signed Agreement, if warranted.
Copyright
All Web-site materials, including, without limitation, the “D” Dan’s Entertainment Agency and ddans.com logo, design, text, graphics, audio files and sound, video files and sound or any other files, and the selection and arrangement thereof are Copyright © 1996-2008 “D” Dan’s Entertainment Agency and ddans.com. ALL RIGHTS RESERVED. Except as otherwise provided herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of “D” Dan’s Entertainment Agency and ddans.com or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of “D” Dan’s Entertainment Agency and ddans.com or the respective copyright owner and you may not
(a) copy, publish or post any materials on any computer network or broadcast or publications media or
(b) modify the materials, except in Blog(s), Forms or Feedback areas or
(c) remove or alter any copyright or other proprietary notices contained in the materials.
Trademarks
“D” Dan’s Entertainment Agency and ddans.com, the “D”
Dan’s Entertainment Agency and ddans.com logo and the products and
services described in this Site, including without limitation “D”
Dan’s Entertainment Agency and ddans.com and “D” Dan’s
Entertainment Agency and ddans.com “D” Dan’s Entertainment Agency and
ddans.com and/or its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written
permission of “D” Dan’s Entertainment Agency and ddans.com. In
addition, all page headers, custom graphics, button icons and scripts
are service marks, trademarks and/or trade dress of “D” Dan’s
Entertainment Agency and ddans.com, and may not be copied, imitated or
used, in whole or in part, without the prior written permission of
“D” Dan’s Entertainment Agency and ddans.com. All trademarks, registered trademarks, product names and company names or
logos mentioned herein are the property of their respective owners.
Licenses and Site Access
“D” Dan’s Entertainment Agency and ddans.com grants you a
limited license to make personal use only of the Site. Such grant does
not include, without limitation: (a) any resale or commercial use of the
Site or content therein; (b) the collection and use of any product
listings or descriptions; (c) making derivative uses of the Site and its
contents; or (d) use of any data mining, robots or similar data
gathering and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel or otherwise in
or under any patent, trademark, copyright or proprietary right of
“D” Dan’s Entertainment Agency and ddans.com or any third party.
You may not use, frame or utilize framing techniques to enclose any
“D” Dan’s Entertainment Agency and ddans.com trademark, logo or
other proprietary information (including the images found at this Site,
the content of any text or the layout/design of any page or form
contained on a page) without “D” Dan’s Entertainment Agency and ddans.com's express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing a “D” Dan’s
Entertainment Agency and ddans.com name, trademark or product name
without “D” Dan’s Entertainment Agency and ddans.com's express
written consent.
Linking
You are granted a limited, nonexclusive right to create a hyperlink
to this Site provided such link does not portray “D” Dan’s
Entertainment Agency and ddans.com or any of its products and services
in a false, misleading, derogatory or otherwise defamatory manner. You
may not use a “D” Dan’s Entertainment Agency and ddans.com logo or
other proprietary graphic or trademark of “D” Dan’s Entertainment
Agency and ddans.com to link to this Site without the express written
permission of “D” Dan’s Entertainment Agency and ddans.com. This
limited right may be revoked at any time.
“D” Dan’s Entertainment Agency and ddans.com makes no claim or
representation regarding, and accepts no responsibility for, the
quality, content, nature or reliability of sites accessible by hyperlink
from this Site, or sites linking to this Site. The linked sites are not
under the control of “D” Dan’s Entertainment Agency and ddans.com and “D” Dan’s Entertainment Agency and
ddans.com is not
responsible for the content of any linked site or any link contained in
a linked site, or any review, changes or updates to such sites. “D”
Dan’s Entertainment Agency and ddans.com is providing these links to
you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement or adoption by “D” Dan’s Entertainment
Agency and ddans.com of the site or any information contained therein.
When leaving the “D” Dan’s Entertainment Agency and ddans.com site, you should be aware that “D” Dan’s Entertainment Agency and
ddans.com's terms and policies no longer govern, and therefore you
should review the applicable terms and policies, including privacy and
data-gathering practices, of that site.
User Conduct
In using this Site, you agree:
- not to disrupt or interfere
with the security of, or otherwise abuse, the Site, or any services,
system resources, accounts, servers or networks connected to or
accessible through the Site or affiliated or linked Web sites;
- not to disrupt or interfere
with any other user's enjoyment of the Site or affiliated or linked
Web sites;
- not to upload, post or
otherwise transmit through or on this Site any viruses or other
harmful, disruptive or destructive files;
- not to use or attempt to use
another's account, service or system without authorization from
“D” Dan’s Entertainment Agency and ddans.com, or create or use
a false identity on this Site;
- not to transmit through or on
this Site spam, chain letters, junk mail or any other type of
unsolicited mass email to people or entities who have not agreed to
be part of such mailings; and
- not to attempt to obtain
unauthorized access to the Site or portions of the Site that are
restricted from general access.
In addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted under your account, and
that you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to United
States export restrictions, that relate to your use of or activities on
this Site.
Copyright Policy and Copyright Agent
It is “D” Dan’s Entertainment Agency and ddans.com's policy to
respect the copyright and intellectual property rights of others.
If you believe that “D” Dan’s Entertainment Agency and ddans.com
or any user of our site has infringed your copyright in any
material way, please notify “D” Dan’s Entertainment Agency and ddans.com's Copyright Agent, and provide the following information:
- A physical or electronic
signature of the person authorized to act on behalf of the owner of
the copyright interest.
- An identification of the
copyrighted work claimed to have been infringed.
- An identification of the
material that you claim is infringing so that we may locate it on
the site.
- Your address, telephone number
and email address.
- 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.
- A statement by you that the
above information in your Notice is accurate, made under penalty of
perjury, and that you are authorized to act on behalf of the owner
of the copyright interest involved.
“D” Dan’s Entertainment Agency and ddans.com's Copyright Agent
is Dayn Lacke, who can be reached by mail at
Indemnification
You agree to indemnify and hold harmless “D” Dan’s
Entertainment Agency and ddans.com, its successors and assigns from any claim, action, demand, loss
or damages (including attorneys' fees) made or incurred by any third
party arising out of or relating to your conduct, your violation of
these terms and conditions, or your violation of any rights of a third
party.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the form of
email or submissions to “D” Dan’s Entertainment Agency and ddans.com, or postings on this Site, are nonconfidential and shall
become the sole property of “D” Dan’s Entertainment Agency and ddans.com. “D” Dan’s Entertainment Agency and
ddans.com shall own
exclusive rights, including all intellectual property rights, and shall
be entitled to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
The submission of any materials to “D” Dan’s Entertainment Agency
and ddans.com, including the posting of materials to any forum or
interactive area, irrevocably waives any and all "moral
rights" in such materials, including the rights of paternity and
integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION,
SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY
AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, “D”
DAN’S ENTERTAINMENT AGENCY AND DDANS.COM AND ITS AFFILIATES DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN
INFORMATION PROVIDED BY “D” DAN’S ENTERTAINMENT AGENCY AND
DDANS.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A
WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT,
DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH
THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT,
DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT “D” DAN’S ENTERTAINMENT AGENCY AND
DDANS.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS
OTHERWISE AGREED IN WRITING, “D” DAN’S ENTERTAINMENT AGENCY AND
DDANS.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO
WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE
AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
“D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM DOES NOT MAKE ANY
WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR
THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR
FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. “D” DAN’S
ENTERTAINMENT AGENCY AND DDANS.COM DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY “D” DAN’S
ENTERTAINMENT AGENCY AND DDANS.COM VIA EMAIL OR OTHER MEANS ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES “D”
DAN’S ENTERTAINMENT AGENCY AND DDANS.COM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF “D” DAN’S ENTERTAINMENT
AGENCY AND DDANS.COM OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
“D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM ASSUMES NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL,
ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OF CONTENT OR EMAIL, NETWORK OR
SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE
NEGLIGENCE OF “D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM, ITS
AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
“D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM DISCLAIMS ANY
WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION
TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE,
SHALL “D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM OR ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
TRANSMITTING, OR DISTRIBUTING “D” DAN’S ENTERTAINMENT AGENCY AND
DDANS.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OR INABILITY TO USE “D” DAN’S ENTERTAINMENT AGENCY AND
DDANS.COM OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
“D” DAN’S ENTERTAINMENT AGENCY AND DDANS.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
Applicable Law
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of
Termination
Notwithstanding any of these terms and conditions, “D” Dan’s
Entertainment Agency and ddans.com reserves the right, without notice
and in its sole discretion, to terminate your license to use this Site,
and to block or prevent future access to and use of this Site.
Severability
If any provision of these terms and conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall not
affect the validity and enforceability of any remaining provisions.
