Adva s.r.o. (SlovakiaPhotos.com) Royalty Free End User Agreement.
The following legal documents comprises the SlovakiaPhotos.com Royalty Free End-User License Agreement (EULA). Users seeking to use royalty free images are urged to review this document carefully. Questions about this EULA should be directed to SlovakiaPhotos.com customer Service.
SlovakiaPhotos.com ROYALTY FREE END-USER LICENSE AGREEMENT
Please read this Agreement carefully before purchasing or using any SlovakiaPhotos.com royalty free image ("Image") from SlovakiaPhotos.com. If you are unsure of your rights under this Agreement, or if you wish to license additional rights or add additional users not otherwise permitted hereunder, please contact Customer Service.
1. By using an Image or exercising any rights granted under this End-User License Agreement (the Agreement), you agree to be bound by this Agreement. If you do not wish to accept the terms of this Agreement, you may return the unused image to SlovakiaPhotos.com within seven days from the invoice date for a refund of the purchase price. SlovakiaPhotos.com and its suppliers own the rights to the Images and SlovakiaPhotos.com Website. All rights not specifically granted by this Agreement are reserved by SlovakiaPhotos.com.
2. Conditioned upon your payment of the purchase price for the Image and your compliance with the terms of the invoice and this Agreement (including all restrictions), SlovakiaPhotos.com grants to you a non-exclusive, non-transferable right to use and reproduce Images from the SlovakiaPhotos.com Website in the following, and only the following, ways:
Print Uses - any printed materials, but not "retail photo products" (defined below). Acceptable uses include promotional items (greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, reports, disposable packaging, book covers, and educational textbooks. Unauthorized "retail photo products" include, without limitation, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "photo mugs", and mouse pads, offered for sale (wholesale and retail).
Other Than Print Uses - any electronic or digital materials including screensavers, electronic greeting cards, websites (but not website templates), broadcast video, multimedia including film and video, and CD ROMs, provided that no Image is at a resolution greater than 800x600 pixels and each Image is incorporated into a design in such a manner to make it clear that the Image is not intended to be separately downloaded, copied, or distributed.
Restrictions. SlovakiaPhotos.com may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by SlovakiaPhotos.com shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at SlovakiaPhotos.com sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. SlovakiaPhotos.com cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material. Without limitation, Images may not be utilized:
-as a trademark or service mark
-for any pornographic, unlawful purpose or use
-to defame any person
-to violate any persons right of privacy or publicity
-to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
-for uses covering sensitive subjects including, 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.
3. "Non-transferable" as used in Paragraph 2, means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either an Image, or the right to use an Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
4. You may not place an Image on computer or other storage device that is accessible by more than one (1) user at a time via a network connection or otherwise.
5. You shall indemnify and defend SlovakiaPhotos.com and its image providers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (I) a breach of this Agreement, (II) the use or modification of any Image or combination of any Image with any other material, (III) your failure to abide by any restriction regarding the use of an Image, or (IV) any claim by a third party related to the use of an Image, alone or in combination with any other material.
6. Limited Warranty. Subject to the restrictions and limitations regarding your use of an Image contained in this Agreement, SlovakiaPhotos.com warrants that it owns or has obtained sufficient rights to the copyright for the Image(s) to grant you the limited license under this Agreement. Additionally, SlovakiaPhotos.com warrants that the digital copy of the Image(s) provided by SlovakiaPhotos.com to you will be free from defects in material and workmanship (but not visual artifacts inherent in the original Image) for ninety (90) days following delivery via this site; and, SlovakiaPhotos.com will, as your sole and exclusive remedy for your inability to use an Image and at its sole discretion, provide you with a replacement of the digital copy of such Image, or refund any fee paid by you to SlovakiaPhotos.com provided you have not made any licensed use of the Image. SlovakiaPhotos.com makes no warranties nor shall SlovakiaPhotos.com be liable for any Image which: (a) has been modified by you (b) has been combined by you with other images, products, content or materials, or (c) SlovakiaPhotos.com has previously notified you not to license or otherwise use.
7. This Agreement shall be governed by the laws of the Slovak Republic, except its conflict of laws rules. This Agreement may not be assigned, nor modified by any purchase order, without SlovakiaPhotos.com written consent. If this Agreement accompanies a pre-packaged Image, the terms of this Agreement control over the terms of any license contained in the pre-packaged Image.
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