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Licensing Info for TastyStock's Stock Photos.

The short and sweet version:

After purchasing our photos you may:

Use these photos in both commercial and non-commerical projects including: web sites, templates, electronic and print mediums.

You may not:

Resell or re-distribute the photos except where stated above.
Use these photos in a defamatory, libelous, pornographic, illegal or obcene manner.

Special Notes:

If you use our photos in web site templates, the photos must be a part of the overall design, and can not be distributed as a "bonus" or in any way seperate from the template. The end user of the template may not use the photos outside of that template.

 

The "My Lawyer Made Me Do It" Version:

1. ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS PRODUCT.

2. LICENSE

(a) Application:

This agreement applies to any image on TastyStock.com whether free or not-free, which is marked "Royalty Free".

(b) Number of Users:

THIS IS A ONE (1) PERSON LICENSE AGREEMENT ONLY. You are permitted to use the photo(s). Any additional persons who wish to use the photo(s)must purchase and/or download it from Tastystock.com.

(c) Permitted Uses. You may:

(i) Back up, copy, or archive one copy of the Photo(s) as necessary for internal use, and only as necessary for that use.
(ii) Use the Photo(s) in any electronic or print media, including advertising and editorial use, web site templates and consumer merchandise.
(iii) Use the Photo(s) for any items for resale, including book covers and consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Photo(s).
(iv) Modify or alter the (s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Tastystock.com. You may use such derivative work only as permitted in accordance with these terms and conditions. All copyrights with respect to such derivative work are assigned to Tastystock.com or its members, which assignment the parties hereby agree is valid under the Canadian (and other International) Copyright Law. If requested by Tastystock.com, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
(v) In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Photo(s) that are integral to your work product and without which the product could not be completed.

(e) Prohibited Uses: You may not:

(i) Transfer the rights to the Photo(s) or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by Tastystock.com and/or Toni Allen.
(ii) Copy or reproduce the Photo(s) or accompanying materials (if applicable), except as specifically provided for in paragraph 2(c).
(iii) USE THE Photo(S) IN ANY WAY THAT COULD BE CONSIDERED DEFAMATORY, LIBELOUS, PORNOGRAPHIC, OBSCENE, IMMORAL, OR FRAUDULENT.
(iv) Use the Photo(s) or any part of it as part of a trademark, service mark, or logo. Tastystock.com and/or Toni Allen retains the full rights to the Photo(s), and therefore you cannot establish your own rights over any part of it.
(v) Re-sell, distribute or sub-license the Photo(s), accompanying material, (if applicable), or the rights to use the Photo(s) to anyone for any purpose, except as specifically provided for elsewhere in this Agreement.

3. TERMS

This License is effective until it is terminated. You can terminate this license by destroying the Photo(s), along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Photo(s) for any purpose. The license also terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Photo(s), to cease using the Photo(s) for any purpose, and to confirm to Tastystock.com in writing that you have complied with these requirements.

4. LIMITATION OF REMEDIES

(a) Replacement or Refund:


Tastystock.com's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Photo(s) or accompanying material (if applicable), or out of your actions in downloading the Photo(s), shall be as follows:.

No Money Damages:

UNDER NO CIRCUMSTANCES WHATSOEVER WILL Tastystock.com BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE Photo(S). SOME STATES DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. INDEMNIFICATION

You agree to indemnify and hold Tastystock.com harmless against all claims or liability asserted against Tastystock.com arising out of or in connection with any breach of any of the terms of this Agreement.

6. GENERAL

(a) Governing Law:

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement will be governed under the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Each of the parties hereto do expressly submit and attorn to the jurisdiction at the Courts at the Province of British Columbia.

(b) Enforceability:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

(c) Taxes and other:

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Photo(s), pursuant to this Agreement.

7. ARBITRATION

A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Campbell River, British Columbia, pursuant to the rules of the Arbitration Act (British Columbia) in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the Province of British Columbia, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the Province of British Columbia. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

8. LEGAL FEES AND JURISDICTION

If Tastystock.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Tastystock.com for its legal fees, costs and disbursements if Tastystock.com is successful. You agree that the Courts of the Province of British Columbia are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

9. ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Tastystock.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Tastystock.com RELATING TO THE SUBJECT OF THIS AGREEMENT.

Templates and Digital Art:

For TastyStock's other products such as templates and digital art, please refer to the liscense agreement that is included with those products.

 

 

 

 

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