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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