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License
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 non-infringement, 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 at
info@mylifephotos.com. |
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