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Please take the time to review our licensing
agreement. If you have any questions, please
contact us.
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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 yourperfectpix.com
(otherwise listed herein as You or Your) who creates an account
for the right to access, acquire, and use Materials from this
website. yourperfectpix.com 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
yourperfectpix.com and ?Materials? from our website will
constitute and be defined as any photo, image, design, or layout
represented on the yourperfectpix.com website. By downloading
any Materials from yourperfectpix.com 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 yourperfectpix.com. You agree
to access, acquire, and use our Materials as follows:
These Terms and Conditions constitute a legal Agreement between
You and yourperfectpix.com.
yourperfectpix.com.com grants You a nonexclusive,
nontransferable license to download, use, modify, publish, and
display our Materials according to the defined Terms and
Conditions of this Agreement.
You may access, acquire, and use the materials downloaded from
yourperfectpix.com.com subject to these Terms and Conditions in
the following manner:
a. In the development and creation of your business presence and
entity.
b. As part of an offline presentation, meaning in menus,
magazines, in books, on book covers as par of the cover?s
design, and newspapers.
c. In the development and creation of marketing, promotional, or
advertising materials, including newsletters, mailers, print
ads, packaging, and fliers.
d. As part of office presentation and layout for your business,
in other words, for d?cor in an office, lobby, retail store, or
public area.
e. In a PowerPoint presentation, however, use of our Materials
in this medium must include an explicit statement in an easily
identifiable location in this presentation noting that ?Some
images contained in this presentation are the copyrighted
property of yourperfectpix.com. As such, these images are being
used under a license from said entities, and may not be copied
or downloaded without explicit permission from
yourperfectpix.com.?
f. As part of a design element of a website, video, film,
television broadcast, CD-Rom cover, or video game. However, you
may not, under any circumstances use the materials from our
website in a Website template or any template or design sold
individually or as part of an archive or catalog collection, or
an automated shopping system, under any circumstances. You MAY
however use our photos in client websites that are NOT
distributed through an archive or automatic system.
B. User's Restrictions on the Use of yourperfectpix.com
Materials. You agree not to access, acquire, or use our
Materials in any of the following manners:
You may not at any time share, sell, give, or allow anyone to
use your username/password, nor access your account for any
reason.
You may not distribute, share, sell, or give away any of our
Materials at any time for any reason whatsoever.
You may not distribute our Materials electronically or in hard
copy, except as specifically outlined in the ?User?s Rights to
Materials from yourperfectpix.com' section of this Agreement.
You may not use any of the Materials downloaded or obtained from
our site in a Website template or any template or design sold
individually or as part of an archive or catalog collection, or
an automated shopping system, under any circumstances. You MAY
however use our photos in client websites that are NOT
distributed through an archive or automatic system.
You may not allow or authorize any third party to use the
Materials for any purpose at any time or resell, sublicense, or
otherwise make available the Materials for use or distribution
separately or detached from a product or Web page.
You may not use any download software, internet accelerators, or
other similar software or automated programs to access or
download any materials from our website at any time.
You may not under any circumstances use Materials in connection
with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that yourperfectpix.com may, in its
sole discretion:
Monitor your download activity from yourperfectpix.com as often
as yourperfectpix.com determines under its sole discretion for
any reason and for any violation of this Agreement.
Disable any account that engages in what yourperfectpix.com
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 yourperfectpix.com 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 yourperfectpix.com 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 yourperfectpix.com, 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 yourperfectpix.com 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
yourperfectpix.com only, and any unauthorized use of any of
these Materials by you may be an infringement upon said
copyright.
E. yourperfectpix.com and all Materials are made available to
you ?AS IS,? ?AS AVAILABLE,? and ?WITH ALL FAULTS.
yourperfectpix.com its employees, directors, and officers and
anyone else associated with yourperfectpix.com makes no
representation or warranty, express or implied, including
without limitation warranties of merchantability, fitness for a
particular purpose, or non-infringement. yourperfectpix.com
further makes no representation or warranty that your usage of
yourperfectpix.com will be uninterrupted, error free of computer
viruses, or other damaging materials. When you login to your
account, and access yourperfectpix.com, you do so at your own
risk.
F. yourperfectpix.com, its employees, directors, and officers,
or anyone else associated with yourperfectpix.com 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.
yourperfectpix.com, 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 yourperfectpix.com, and for
accessing, acquiring, and/or using Materials from
yourperfectpix.com.
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 yourperfectpix.com is accurate and true, including
without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless
yourperfectpix.com, its employees, directors, officers, and any
other entity associated with yourperfectpix.com, 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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