CONTENT USE AGREEMENT
1. Background of Agreement
(a) By downloading content from this site, you accept this Agreement, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the Content. Pretty Simple.
(b) In this Agreement: (i) “you” or the “Client” means you ( the person downloading the content, (ii) “Thurston Photo” or “we” means Thurston Photo, operator of the Site; and (iii) “Content” means any photographic image, illustration, animation, film or video footage or any digital media or other material that you are downloading from the Site.
2. Downloading Terms
We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Thurston Photo.
3. Permitted Uses
(a) You may only use the Content for personal use only on your personal devices only. For clarity, you may not use the Content in products for resale, license or any other distribution. For example, you cannot superficially modify the Content, print it on a t-shirt, poster, template or any other item, and sell it to others for consumption, reproduction or re-sale. That would be ridiculously uncool. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!
(b) Seat Restrictions. Only you are permitted to use the Content for personal use, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e: distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or individual. You may make only one (1) copy of the Content solely for back-up purposes.
(c) Any additional permitted uses must be approved in writing by Thurston Photo.
If there is any doubt that a proposed use is a Permitted Use, you should contact Thurston Photo for guidance.
4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:
6. Terms of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Thurston Photo if at any time you fail to comply with any of it's terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Thurston Photo in writing that you have complied with these requirements.
(b) Thurston Photo reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
(c) Upon notice from Thurston Photo, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Thurston Photo may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Thurston Photo shall provide you with replacement Content (which shall be determined by Thurston Photo in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
7. Thurston Photo Representations and Warranties
(a) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, Thurston Photo does not warrant the accuracy of such information. Additionally, Thurston Photo does not warrant the accuracy of any metadata that may be provided with the Content.
(b) THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Thurston Photo DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT Thurston Photo) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
8. General Provisions
(b) Thurston Photo’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement is personal to you and is not assignable by you without Thurston Photo’s prior written consent.
(d) The parties have agreed that this Agreement and all related documents be drawn up in English.
If you have concerns relating to this Agreement, please contact Thurston Photo at firstname.lastname@example.org or via phone at +61423260803.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF THURSTON PHOTO AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THURSTON PHOTO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND THURSTON PHOTO RELATING TO THE SUBJECT OF THIS AGREEMENT.
© Thurston Photo 2015. All rights reserved.
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