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The St Lucia Photo Store LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA).
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website: This agreement is made by and between The St Lucia Photo Store (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. The St Lucia Photo Store hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under The St Lucia Photo Store and 'Materials' from our website will constitute and be defined as any photo, image, design, or layout represented on The St Lucia Photo Store website. By downloading any Materials from The St Lucia Photo Store you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from The St Lucia Photo Store.
You agree to access, acquire, and use our Materials as follows:
These Terms and Conditions constitute a legal Agreement between You and The St Lucia Photo Store.
The St Lucia Photo Store grants you a non-exclusive, non-transferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement. PART I - LIMITED LICENSEYou may access, acquire, and use the materials downloaded from The St Lucia Photo Store subject to these Terms and Conditions in the following manner: - On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
- As toolbar skins, screensavers and mobile phone "wallpaper" for your
own personal, non-commercial use, not for resale, download or
distribution;
- As prints, posters (i.e. a hardcopy) and other reproductions for your
own personal, non-commercial use and display, not for resale, download
or distribution;
As a single hand-painted reproduction (not as a printed reproduction)
on canvas or other material to be used as decoration and not resold; In coordination with opt-in email marketing. However, Images cannot be
used in connection with unsolicited email - or linked from unsolicited
email; On letterhead and business cards, pamphlets, brochures, catalogs and on
pop up and/or panel displays for use in conventions and trade shows; In the artwork for the packaging of any product provided that the print
and/ or manufacturing run does not exceed two hundred fifty thousand
(250,000) copies in the aggregate; 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;
In multimedia presentations and incorporated into film and video for
television and/or internet broadcast, and theatrical display only where
the intended audience will consist of fewer than two hundred fifty
thousand (250,000) viewers; In multimedia presentations and incorporated into film and video for
distribution and/or sale in the home video market;
As CD or DVD cover art and/or artwork; As part of editorial or advertising copy in magazines, newspapers,
books, book covers, textbooks, editorials and directories; In eBooks, including multi seat license electronic textbooks, provided
that the number of potential seat licenses or end users is fewer than
two hundred fifty thousand (250,000) in the aggregate; 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.
PART II - RESTRICTIONS
User's Restrictions on the Use of The St Lucia Photo Store Materials. You agree not to access, acquire, or use our Materials in any of the following manners given below. You may not:
- At any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason
- Use an Image other than as specified in PART I hereof.
- Except as expressly provided in PART I hereof, directly or indirectly
copy or reproduce any Image (in whole or in part) more than two hundred
fifty thousand (250,000) times. Nor may you produce or otherwise create
for resale or distribution, printed reproductions of any Image on
canvas, paper, plastic or any other medium unless expressly permitted
by this agreement.
- Use or display any Image on websites or in connection with any service
designed to sell or induce sales of "print on demand" products using or
incorporating Image(s), including, by way of example only, postcards,
mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other
items.
- 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.
- Use an Image in a way that places any person depicted in the Image in a
bad light or in a way that they may find offensive - this includes, but
is not limited to the use of images: a) in pornography, "adult videos"
or the like; b) in ads for tobacco products; c) in ads or promotional
materials for adult entertainment clubs or similar venues, or for
escort, dating or similar services; d) in connection with political
endorsements; and e) uses
that are defamatory, or contain otherwise unlawful, offensive or
immoral content. You may not use an image containing the likeness of a
person if such use implies that the model engages in any immoral or
illegal activity or suffers from a physical or mental infirmity,
ailment or condition.
- 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
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.
- Share an Image by providing access to such Image on shared disk drives,
computer networks, intranets of any nature or otherwise.
- Use The St Lucia Photo Store Images in a manner that competes with The St Lucia Photo Store's
business. This includes, by way of illustration only and not by way of
limitation, displaying Images in any format (including thumbnails) for
download on a website, offering The St Lucia Photo Store Images for sale, or
including The St Lucia Photo Store Images in templates of any nature, including
templates for websites, social networking websites (e.g., MySpace.com,
Facebook, etc.) documents, projects or otherwise for distribution
and/or sale to third parties.
- You may not create a digital or print greeting card line based on The St Lucia Photo Store Images - or use our Images as the basis for any individual
or collection of physical or digital objects which you then offer for
sale.
- Promotional uses must comply, in all
respects, with the restrictions set forth herein. You may not
sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts,
bookmarks, etc.) that incorporate The St Lucia Photo Store Images. If you wish to use an Image
or Images in connection with the production of any items prohibited by
this License, you may contact The St Lucia Photo Store to arrange a broader grant of rights.
- Use an Image marked "Editorial Use Only" for commercial purposes. If an
Image is marked, "Editorial Use Only", additional permissions will be
required for commercial use.
- Use or display an Image in such a manner that gives the impression that
the Image was created by you or a person other than the copyright
holder of that Image.
- Represent yourself as an agent, employee, designee, or affiliate of The St Lucia Photo Store for any purpose, including but not limited to the
negotiation of any business, distribution, partnership, or development
agreement.
- Stockpile, download, or otherwise store Images not used within six (6)
months of downloading the Image. If you fail to use an Image within such six (6) month
period, you will lose all rights to use that Image.
Use automated programs, applets, bots or the like to access The St Lucia Photo Store website or any content thereon for any purpose,
including, by way of example only, downloading Images, indexing or
caching the content on the website.
C. You understand and agree that The St Lucia Photo Store may, in its sole discretion:
Monitor your download activity from The St Lucia Photo Store as often as The St Lucia Photo Store determines under its sole discretion for any reason and for any violation of this Agreement.
Disable any account that engages in what The St Lucia Photo Store determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
Limit downloads to a fixed amount of downloads per 24 hour period, per user, as The St Lucia Photo Store sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
Investigate any abuse of your username and password in connection with the The St Lucia Photo Store website or in connection with this Agreement.
Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on The St Lucia Photo Store, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to The St Lucia Photo Store Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. You understand that Materials are copyrighted and owned by The St Lucia Photo Store only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. The St Lucia Photo Store and all Materials are made available to you 'AS IS', 'AS AVAILABLE', and 'WITH ALL FAULTS'. The St Lucia Photo Store its employees, directors, and officers and anyone else associated with The St Lucia Photo Store makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. The St Lucia Photo Store further makes no representation or warranty that your usage of The St Lucia Photo Store will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access The St Lucia Photo Store, you do so at your own risk.
F. The St Lucia Photo Store, its employees, directors, and officers, or anyone else associated with The St Lucia Photo Store shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. The St Lucia Photo Store, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using The St Lucia Photo Store, and for accessing, acquiring, and/or using Materials from The St Lucia Photo Store.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to The St Lucia Photo Store is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless The St Lucia Photo Store, its employees, directors, officers, and any other entity associated with The St Lucia Photo Store, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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Licensing
