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Imprint, Copyrights, Terms of Use & Important Notes
DAN HOSTETTLER Czech Republic
c/o GlamourMarketer, s.r.o.
Opletalova 45
110 00 Prague 1
Czech Republic
Tel.: +420 608 709 406
Email: dan [at] danhostettler [dot] com
This is the personal Website of Dan Hostettler
Responsible for the website: Dan Hostettler
Responsible for content: Dan Hostettler
TERMS AND CONDITIONS
This web site, together with its contents ("Site") is published and maintained by DAN HOSTETTLER.
When you access, browse or use this Site, you accept, without limitation or qualification, the terms and conditions of use set forth below. If, after reading these terms and conditions, you do not agree to them, you should not use the Site.
Please read the terms and conditions carefully. Information on this Site may contain technical inaccuracies or typographical errors. Information may be altered or updated at any time without notice. DAN HOSTETTLER may at any time revise these terms and conditions, as well as its service offerings and pricing of such services, by updating this Site posting. By using this Site, you agree to be bound by any such revisions and should periodically visit this Site to determine the terms and conditions of use in force from time to time.
USE OF SITE
This Site is provided for your personal and non-commercial use only. The purpose of this website is to inform about DAN HOSTETTLER and its services. The website serves the purposes of representing Dan Hostettlers work and his services and is merely an information tool. All content included in this Site, including but not limited to any text, graphics, images, logos, button icons, data compilations, software, audio and video (collectively, "Materials"), is the property of DAN HOSTETTLER or its content suppliers, and you may not distribute, exchange, modify, reproduce, perform, sell or transmit the Materials for any business, commercial or public purposes. The Materials are protected by applicable laws and international copyright and trademark laws, and any unauthorized use of any Materials may violate copyright, trademark, and other applicable laws. You may not frame or utilize framing techniques to enclose any portion of this Site or any Materials without express written consent of DAN HOSTETTLER. You are granted a revocable and nonexclusive right to create a hyperlink to this Site so long as the link does not portray DAN HOSTETTLER, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any DAN HOSTETTLER trademark, logo, photos or other Materials as part of the link without express written consent of DAN HOSTETTLER or as provided herein. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials herefrom.
Private users may use the materials displayed on our website for private, non-commercial purposes (please contact dan [at] danhostettler [dot] com prior to download) as long as all copyright notices are adhered to. Public or commercial use of the materials requires prior written consent from DAN HOSTETTLER (please contact dan [at] danhostettler [dot] com prior to download).
ELECTRONIC COMMUNICATIONS
You consent to receive communications from DAN HOSTETTLER electronically. DAN HOSTETTLER will communicate with you by e-mail transmission or by posting to this Site. You agree that all communications that DAN HOSTETTLER provides to you electronically satisfy any legal requirement that such communications be in writing.
PRIVACY
Other than personally identifiable information (for instance, your name, address, contact number or email address), which is covered under the DAN HOSTETTLER Privacy Policy, any material, information or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. DAN HOSTETTLER will have no obligations with respect to the Communications. You will grant DAN HOSTETTLER and its designees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, invasive of privacy, infringing of intellectual property rights, or other material that would violate any law. DAN HOSTETTLER reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
LINKS TO OTHER WEB SITES
Links to other Internet Sites are provided for your convenience only and the presence of such links does not mean that DAN HOSTETTLER endorses, recommends or represents them in any way. Therefore, DAN HOSTETTLER explicitly distances itself from all such websites. DAN HOSTETTLER does not control and is not responsible for any such sites or their content. DAN HOSTETTLER disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites. If you choose to access any of these sites, you do so at your own risk. We assume neither liability for damage to software or hardware arising out of accessing those websites, nor do we assume any liability for the contents or the goods offered/purchased through those websites.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of this Site is at your sole risk.
The information, materials and services provided on or via this Site are provided "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, express or implied, including but not limited to warranties of compliance with applicable laws, merchantability, fitness for a particular purpose, authority, usefulness, timeliness or non-infringement of third party rights including intellectual property rights.
DAN HOSTETTLER does not warrant the accuracy or completeness of the materials or services on or via this Site. DAN HOSTETTLER further does not warrant that this Site, its servers, or e-mail sent from DAN HOSTETTLER are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of this Site is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
Some of the materials provided on this website were provided to us by third parties, especially regarding link pages and tool recommondations. We are not able to verify the correctness of any such information and therefore can not assume any responsibility for it's correctness.
PROPRIETARY RIGHTS
The Site is either the property of DAN HOSTETTLER or made available by permission and is protected by intellectual property (copyright, trademark, patents,etc) laws, international treaty provisions and other laws (including those concerning privacy and publicity). No user of this Site shall copy, use, reproduce, modify, lease, transmit, loan, distribute, display, reverse engineer, decompile, disassemble or in any way exploit copyrighted or proprietary materials available on the Site or the software or code used in connection with the Site, except as expressly permitted by the respective owner thereof. All trademarks, service marks, and trade names in these websites are the property of their respective owners. Any unauthorized use thereof is strictly prohibited.
COPYRIGHT, TRADEMARK AND PATENT NOTICES
The DAN HOSTETTLER trademarks and DAN HOSTETTLER logos used and displayed on this Site, whether registered by DAN HOSTETTLER or its related company/companies, or otherwise, are the exclusive intellectual property of DAN HOSTETTLER, unless otherwise stated. Nothing on this Site grants, by implication, estoppel or otherwise, any license or right to use any trademark, without DAN HOSTETTLER's authorization in writing. The name and trademarks of DAN HOSTETTLER, including logos, may not be used in any way except as provided herein, including in advertising or publicity, without DAN HOSTETTLER's prior written permission. You are not authorized to use any DAN HOSTETTLER trademark or logo as a hyperlink to this Site unless with DAN HOSTETTLER's prior written permission.
All rights not expressly granted herein are reserved.
The pictures or photographs of persons used on our website are being used with the explicit permission of such persons . Any additional use of these pictures may violate publicity, personal and copyright right of the depicted person. It also may be in conflict with legal reproduction rights.
LIMITATION OF LIABILITY
Under no circumstances shall DAN HOSTETTLER be liable for any direct, indirect, foreseen or unforeseen, incidental, consequential, punitive or special damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use of, or errors or omissions in the contents or functions of this Site, even if DAN HOSTETTLER or an authorized representative thereof has been advised of the possibility of such damages. If your use of the materials, information or services from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
In jurisdictions which prohibit the exclusion or limitation of certain liabilities, DAN HOSTETTLER's liability in those jurisdictions shall be limited to the fullest extent permitted by law.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless DAN HOSTETTLER, its staff, affiliates, partners, subsidiaries and agents, third parties and service providers acting on DAN HOSTETTLER's behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (1) your use of this Web Site or its services or content, (2) your breach of this Site's Terms and Conditions of Use and Copyright Notice or Privacy Policy as posted on this Site and as modified from time to time, (3) any information submitted, posted, or otherwise provided by you through this Site, (4) any dispute or litigation between an Indemnified Party and a third party caused by your actions, and (5) your negligence or violation or alleged violations of any rights of another, based on your use of this Site, its services or content. DAN HOSTETTLER, at your expense and DAN HOSTETTLER's discretion, may provide notice to you of DAN HOSTETTLER's election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay reasonable lawyer and expert witness fees and costs incurred by DAN HOSTETTLER or its agents or service providers in enforcing this provision.
OUR PICTURES
Our pictures are exclusively distributed through authorized dealers and/or distributors. Distributors and dealers are not agents of DAN HOSTETTLER and have absolutely no authority to bind DAN HOSTETTLER by any express or implied undertaking or representation.
This shall be regarded merely as an information tool and creates no offer whatsoever for completing a sales contract. We reserve the right to technical and visual modifications of the pictures and price lists contained herein as well as print discrepancies, availability dates and errors.
DISPUTE RESOLUTION, ARBITRATION OF DISPUTES AND CHOICE OF LAW AND VENUE
These Terms of Use will be governed by and construed in accordance with the laws of Switzerland without giving effect to any principles of conflicts of laws. You consent to exclusive jurisdiction of Switzerland with respect to any disputes arising from, related to or in connection with this Site or any Materials.
Your agree that you will file any dispute you have with DAN HOSTETTLER within one (1) year of the time that such claim arose and that any disputes raised by you later are forever barred. You agree that you waive any entitlement, at law or equity, to a longer period to raise such disputes.
All disputes are to be submitted for settlement by final and binding arbitration. Judgment on the award rendered by the arbitrator may be entered by a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator. You understand and acknowledge that you are giving up the right to have any dispute regarding this agreement heard by a jury and determined by a court of law.
If any provision (or part thereof), including this dispute provision is determined by a court or arbitrator to be inapplicable or invalid, you agree that the remainder shall still be given full force and effect so as to retain the maximum application of the objective intent of the provision.
DAN HOSTETTLER's WEBSITE
COOKIES:
Cookies are files or pieces of information that may be stored in your computer's hard disk drive when you visit a web site. We use cookies as a tool to allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. This information is not collected in connection to a specific person; it is evaluated purely for statistical purposes. Most browsers initially set to accept cookies. If you do not wish to accept cookies, you can set your computer to refuse cookies or to alert you when cookies are being stored. If you refuse to use cookies, our ability to provide you with personalized services would be limited.
Please refer to your browser instructions or "help" screen to learn more about these functions.
PRIVACY POLICY (EUROPE)
Privacy protection is very important to us. Whenever we ask for personal information from you, we always inform you about why we need such information. We will always ask for your consent before collecting and processing information about you. Of course, you can withdraw your consent with effect in the future by sending an Email to: dan [at] danhostettler [dot] com. We will then immediately delete all your information.
What is personal information?
Personal information is any information that is used to identify a particular person, i.e. it can be a name, address, telephone number, Email and so on. We will only use such information when we are legally allowed to or when you give us your explicit consent.
European Data Protection Regulations allow us to collect, process and use your personal data as long as it is required to enter into, define and change contracts regarding this website and the services offered therein.
Therefore, the aforementioned applies to situations in which we are required to use your personal information in order to provide you with the services we offer at our website, such as support, downloads, warranty etc.
Of course, your personal information will only be used for internal purposes and will not be passed onto third parties.
PRIVACY POLICY (OUTSIDE EUROPE)
Your Consent to This Privacy Policy
DAN HOSTETTLER respects the privacy of every individual who visits our Site. This Privacy Policy sets out the information DAN HOSTETTLER may collect and how we may use this information.
By accessing, browsing or using the Site or providing us with your personal information personally identifiable information including, without limitation, your name, address, telephone number and e-mail-address) you signify that you agree to the terms of our current Privacy Policy as posted in this page of the Site. If you do not agree with any term in this Privacy Policy, please do not access, browse or use the Site or provide us with your personal information.
We may alter or remove this Privacy Policy at any time. Whenever we make any changes to this Privacy Policy, we will post the changes here. Therefore, please visit this page frequently to stay informed. When you use or buy DAN HOSTETTLER products or use our services after the alteration of this Privacy Policy, you signify that you agree to the alteration of this Privacy Policy.
Collection of Personal Information
When you are visiting our Site, you may be asked for your personal information to allow you to participate in prize competitions, answer our questionnaires or inquiries by e-mail or through the Site, register as a DAN HOSTETTLER user, monitor DAN HOSTETTLER Products, or e-mail news services concerning the DAN HOSTETTLER library, etc.
We will not collect your personal information unless and until you provide such information to us voluntarily. When you provide us with your personal information, you authorize us to use such information in accordance with the terms of this Privacy Policy.
How we use your information
When we collect your personal information, we reasonably specify the purpose of such collection.
Any personal information that you provide will be used to meet your request such as forwarding brochures, magazines, etc. and offering certain services. We may also use your personal information to contact you regarding other products and services that may be of interest to you, you can send your request to dan [at] danhostettler [dot] com informing us to limit our contact with you to the express purpose that you provided your personal information for.
IMPORTANT NOTES
18 U.S.C. 2257
Pictures on this site containg nudity are full and complete compliance with 18 U.S.C. 2257. We maintain all records establishing that all models are 18 years old or older. However, because 18 U.S.C. 2257 on its terms is limited to images containing actual sexually explicit conduct, and DAN HOSTETTLER does not depict actually sexually explicit conduct, DAN HOSTETTLER is exempt from any obligation under 2257.
THIRD PARTY TRADEMARKS
THIRD PARTY TRADEMARKS as well as the names of companies, institutions or publications pictured or mentioned and their respective logos are registered trademarks of their respective owners. Their use neither constitutes a claim of the trademarks by DAN HOSTETTLER nor affiliation of the trademark owners with DAN HOSTETTLER.
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