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The following are the terms and conditions upon which Photo Damsel (hereinafter called the “LICENSOR”) will license to you (in this document, you will be referred to as "you" or the "LICENSEE") certain usage rights for items purchased from the LICENSOR, pursuant to the terms and conditions of this End User License Agreement (EULA or License). Items purchased from the LICENSOR may be entirely tangible, tangible with digital content and/or entirely digital format and will be hereinafter referred to as "MEDIA". PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING YOUR ORDER FROM THE LICENSOR BY MAKING PAYMENT THROUGH THE APPROVED PAYMENT METHOD, YOU IMMEDIATELY BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.

1. TYPE OF LICENSE
The LICENSOR grants to the LICENSEE a non-exclusive, non-transferable, multiple-use, perpetual, worldwide and royalty-free License to the LICENSEE for the purchased MEDIA as follows. This License is conditional upon the LICENSEE paying all applicable license fees and respecting the terms hereof.

2. OWNERSHIP AND LIMITS TO USE
The MEDIA shall remain at all times the sole and exclusive property of the LICENSOR. In order to protect the rights of the LICENSOR, the LICENSEE undertakes to comply with the following:
(a) the LICENSEE shall not sell, sub-license, loan, or otherwise transfer all or part of the MEDIA or any interest therein to or for the benefit of a third party;
(b) the LICENSEE may not modify and re-distribute the MEDIA as part of a product and/or service;
(c) the LICENSEE shall not use or display the MEDIA as part of a digital archive and/or reference source, including but not limited to a website template or any template or design sold individually or an automated shopping system;
(d) the LICENSEE shall not use the MEDIA as part of any military or political endorsements, tobacco products, promotional materials for pharmaceutical, healthcare, herbal or medical products;
(e) the LICENSEE shall not use the MEDIA as part of any pornographic or adult content, defamatory, obscene, immoral, illegal material or in such a manner that it infringes upon any third party’s trademark or intellectual property;
(f) the LICENSEE shall not use the MEDIA as part of any ad or promotional material for adult entertainment clubs or similar venues, or for escort, dating or similar services;
(g) the LICENSEE shall not use the MEDIA in connection with the likeness of a person if such use implies that the person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition, or places the person in a bad light or in a way that they may find offensive;
(h) the LICENSEE shall not remove, alter or obliterate any copyright notices found in the MEDIA; and
(i) the LICENSEE shall ensure that its personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.

3. LIMITATION OF LIABILITY
THE MEDIA ARE PROVIDED TO THE LICENSEE “AS IS”. EXCEPT AS EXPRESSLY STIPULATED HEREIN, THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE MEDIA. THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR SHALL IN NO EVENT BE LIABLE TO THE LICENSEE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF THE LICENSOR SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY THE LICENSOR HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE.

4. LIMITED WARRANTY ON MEDIA
Due to the nature of digital photography and the fact that digital files, once sent, cannot be returned; the LICENSOR has a strict NO REFUNDS POLICY. Once a transaction has been completed, i.e. the LICENSEE selects and pays for the MEDIA and the LICENSOR delivers the MEDIA, it is then considered non-refundable. The LICENSOR warrants that its MEDIA will be free from defects, but if the LICENSEE should find a genuine fault with any MEDIA delivered, the LICENSOR will replace the MEDIA or refund the purchase price, at is sole discretion. If the LICENSOR determines the MEDIA has been misused or modified while in your possession, this warranty will not apply. Please note, colour casts, which may be intentional or due to the LICENSEE viewing or printing conditions and uneven histograms are not sufficient grounds for a refund.

5. NON-TRANSFERABILITY
Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sub-licensed or time shared without the prior written consent of the LICENSOR. Any such assignment, transfer, delegation, sub-license or time sharing in breach of this undertaking is void and results in the immediate termination of this License.

6. TERMINATION
The LICENSOR shall have the right to terminate this License immediately without notice in the event that:
(a) the LICENSEE breaches any of the terms and conditions of this License; or
(b) the LICENSEE files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the LICENSEE and said petition is not discharged within thirty (30) days, or if the LICENSEE becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the LICENSEE comes into the possession of its creditors or of a governmental agency or of a receiver. The LICENSEE undertakes in the event of termination of this License to immediately cease any and all use of the MEDIA, to deliver up to the LICENSOR the MEDIA and to destroy any copies made.

7. ENTIRE LICENSE
All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded by this License. This License may not be modified or altered except in writing.

8. GOVERNING LAW & VENUE
This License, its construction, performance, scope, validity and effects shall be interpreted under and governed by the internal laws (excluding the law of conflicts) of the State of Illinois, United States of America. The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial jurisdiction of location of the LICENSOR, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.

9. LANGUAGE
The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English.

By submitting your order, you acknowledge having read this License and agree to be bound thereby.

Last Updated: December 26, 2014

 

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