George And / Or Audrey DeLange
TERMS OF SERVICE ("TOS")
STANDARD LICENSE
Dear George And / Or Audrey DeLange Purchaser:
The following is a legal agreement between you and George And / Or Audrey DeLange. Please read this agreement carefully before using any George And / Or Audrey DeLange Images ("Image"). By downloading any Image, you agree to be bound by the terms of this agreement. Please note that Images used may only be used in compliance with the Standard License.
All Images of George And / Or Audrey DeLange are protected by United States and international copyright laws and treaties. George And / Or Audrey DeLange who provide content and/or Images own all rights, including the copyrights in and to the Images. George And / Or Audrey DeLange reserve all rights in and to the Images not granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to George And / Or Audrey DeLange for your use of the Images. If you fail to make any payment to George And / Or Audrey DeLange when due, or if any check is dishonored, your account will be deemed delinquent. Provided that your account is paid and you were not otherwise in breach of any of the terms hereof, you have the right to use the Images (Image), subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and George And / Or Audrey DeLange�s costs of collection, bank fees are received by George And / Or Audrey DeLange no later than fifteen (15) days from the date that your account became delinquent.
1. By this Agreement, George And / Or Audrey DeLange grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
a)
On web sites;
b)
Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software or viewed as a slideshow or the equivalent;
c)
In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers;
d)
In CD or DVD cover art, magazines, newspapers, books, book covers, textbooks, editorials;
e)
In e-books, including multi seat license electronic textbooks;
f)
In the artwork for the packaging of any product (excluding CDs, DVDs, etc.) without regard to the quantity of packages manufactured;
g)
As toolbar skins and mobile phone "wallpaper" for your own personal use;
h)
On letterhead, business cards, advertising or promotional posters, pamphlets, brochures, catalogs, pop up and/or panel displays for use in conventions and trade shows, provided that the Image is not used as and does not function as a trademark, service mark or logo or as an element thereof;
I)
As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use or as advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images;
j)
As a single hand painted reproduction (not as a printed reproduction) on a canvas or other material to be used as decoration and not resold; and
k)
In coordination with opt-in email marketing. Images cannot be used in connection with unsolicited email - or linked from unsolicited email.
l)
In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by George And / Or Audrey DeLange, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
PART II
RESTRICTIONS
YOU MAY NOT:
2. Use an Image other than as specified in PART I.
3. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
4. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
5. Use or display an image as part of or in connection with the production, promotion or marketing of any multimedia, audio-visual work or audio only work with an intended audience of more than two hundred million (200,000,000) viewers, including, without limitation, any documentary, news show, television program or film, in any media. You must obtain an Enhanced License for such use.
6. Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
7. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
8. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
9. Use George And / Or Audrey DeLange Images in a manner that competes with George And / Or Audrey DeLange's business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering George And / Or Audrey DeLange Images for sale, or including George And / Or Audrey DeLange Images in templates (website, document, project or otherwise) for sale.
10. You may not create a digital or print greeting card line based on George And / Or Audrey DeLange Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. However, you may use up to ten (10) Images per paid monthly subscription for manufacturing or producing physical items for promotional use only, including paper greeting cards, magnets, etc., provided that you do not produce more than 1,000 copies of any single item that bears one or more Images and further provided that such items combine text with any Images. Promotional uses must comply, in all respects, with the restrictions set forth in these TOS. You may not sell or distribute items (e.g., mouse pads, calendars, mugs, t-shirts, bookmarks, etc.) on online auction websites (e.g., EBay, Amazon Auctions, Overstock Auctions, etc.) or otherwise that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights
11. Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. George And / Or Audrey DeLange do not provide such permissions.
12. Use any Image (in whole or in part) as a trademark, logo or an element thereof.
13. Produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement.
PART III
14. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.
15. You agree to indemnify and hold George And / Or Audrey DeLange, its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify George And / Or Audrey DeLange for all costs and expenses that George And / Or Audrey DeLange incurs in the event that you breach any of the terms of this or any other agreement with George And / Or Audrey DeLange.
16. Neither George And / Or Audrey DeLange or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.
17. This contract is governed by and shall be construed in accordance with the laws of the State of Arizona. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of Phoenix and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of either of the parties, but rather in accordance with the fair meaning thereof.
18. If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please contact George And / Or Audrey DeLange
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT George And / Or Audrey DeLange SHALL HAVE THE RIGHT TO TERMINATE YOUR ROYALTY FREE LISCENSE. SUCH TERMINATION SHALL BE IN ADDITION TO George And / Or Audrey DeLange�s OTHER RIGHTS AT LAW AND/OR EQUITY.
George And / Or Audrey DeLange MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
George And / Or Audrey DeLange GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
George And / Or Audrey DeLange SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), George And / Or Audrey DeLange�s BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF George And / Or Audrey DeLange HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL George And / Or Audrey DeLange�s TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE George And / Or Audrey DeLange IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY George And / Or Audrey DeLange FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).
Effective 29 June 2006
