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This
“Agreement” is a legal agreement between you and mylife photos LLC. Please read this Agreement
carefully before downloading, purchasing, and/or using any
royalty-free image ("Image") from this Website. By downloading,
purchasing, and/or using an Image in any manner, you agree to be
bound by the terms and conditions of this Agreement.
If you
are entering into this Agreement on behalf of your employer, this
license and all the restrictions and limitations recited herein
apply to your employer as well as to you as a representative of your
employer.
Copyright/Conditions.
The Website and the Images are proprietary and copyrighted and all
rights thereto are owned by mylife photos and its photographers.
Your right to use an Image is subject to the restrictions set forth
herein, and is conditioned upon (a) payment of the purchase price
for the Image prior to its use and (b) compliance with the terms of
this Agreement. You may not use the Images or the Website in any
manner that is not permitted in this Agreement. All rights not
specifically granted to you by this Agreement are reserved by mylife
photos.
License Grant. Subject to the restrictions set forth in this
Agreement, mylife photos hereby grants to you a non-exclusive,
non-transferable right to use and reproduce Images from the Website
only as follows: (a) on and in printed or other tangible materials,
such as greeting cards, posters, phone or credit cards, advertising
materials, packaging, catalogs, brochures, books, magazines,
newsletters or other periodicals, CD covers, and other substantially
similar materials; and (b) on and in digital or electronic media or
materials, such as screensavers, websites, multimedia software,
presentations, film and video and other substantially similar media
or materials.
Restrictions.
You are not permitted to
copy or distribute copies of the Images to others, and you may not
share the Images with others except as follows: no more than ten
(10) specific individuals (including you) who are employed by the
same employer may have access to the Images. You may not place an
Image on a computer or other storage device which is accessible by
more than one user at a time via a network connection or otherwise.
Anything you produce using an Image must be for your own use, or for
the use of your direct employer, client, or customer, who must be
the end-user of your work. You may not use any Image in
electronic templates or applications (whether web-based or not) for
the purpose of creating, or allowing to be created, duplicates of an
electronic or printed or other tangible product (such as electronic
greeting cards, presentation templates, website designs, business
cards, etc.). You may not sell, rent, loan, give, sublicense,
or otherwise transfer to anyone any Image, or the right to use any
Image (except insofar as an Image has been incorporated by you into
one of the permitted uses above), and nothing you produce shall
grant or purport to grant to any third party a right to use or
duplicate any Image. You agree to make commercially reasonable
efforts to prevent third parties from misusing, duplicating or
distributing the Images. If an Image depicts any person and is
used in any manner that implies endorsement, use of, or a connection
to a product or service, you shall include in such use a written
statement that the person is a model and is used for illustrative
purposes only.
You may not use the Images for sensitive subjects.
Sensitive subjects include, without limitation, topics that may
depict the subject matter of an Image in a negative or unfavorable
light or subject persons to ridicule, and topics regarding all
sexual issues, substance abuse, physical or mental abuse, alcohol,
drugs, tobacco, AIDS, cancer, or serious physical or mental
ailments, or the disparagement of a person or product. Certain
Images may be available for use with sensitive subjects for an
additional fee. You must contact mylife
photos for additional information prior to any use of an Image with
any sensitive topics.
Breach of Agreement.
You agree to indemnify and hold
mylife photos harmless from and against any damages or liability of
any kind arising from any use of an Image in breach of the terms and
conditions of this Agreement.
Warranties.
If any Image is defective, mylife
photos will replace it or provide you with a full refund of your
purchase price within thirty (30) days of the date of purchase. CD’s
come with a warranty of ninety (90) days from the date of delivery
against defects in material and workmanship. Your sole and exclusive
remedy for a breach of this warranty is the replacement of the CD or
refund of the purchase price, at the discretion of mylife photos.
The
foregoing warranty is in lieu of, and mylife photos hereby
disclaims, all other warranties, express, implied or arising by law,
with regard to the website and the images, including without
limitation any implied warranties of merchantability, fitness for a
particular purpose or noninfringement, to the maximum extent
permitted by law.
Disclaimer.
Any use of the Website and
the Image is at your own risk. Neither mylife photos nor its
directors, officers, employees, partners, licensors, or agents shall
be held liable for any indirect, consequential, punitive, or
incidental damages arising out of, or the inability to use, the
Image or a CD, even if mylife photos has been advised of the
possibility of such damages. In any event, the limit of liability of
mylife photos shall be the fee paid for the particular Image or CD.
Governing Law.
This Agreement shall be governed by the laws of the State of
Washington, except its conflict of laws rules. Venue for any
action respecting this Agreement, an Image, or use or attempted use
of the Website, shall be in the state and federal courts sitting in
King County, Washington and you hereby consent to the jurisdiction
of such courts.
Contact Us.
If you have questions regarding this Agreement, or if you wish to
upgrade your license in order to use an Image in a manner not
authorized under this Agreement, please contact mylife photos
customer service at
info@mylifephotos.com. |