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TERMS OF USE
Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service. This Site is owned, hosted and operated by JUPITERIMAGES, a wholly owned subsidiary of Jupitermedia Corporation or its wholly owned subsidiaries (hereafter collectively, "JUPITERIMAGES") Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by JUPITERIMAGES. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. This Site contains copyrighted animations, photographs, images, videos, footage, text, music, and sounds (collectively the "Content") which is owned by JUPITERIMAGES or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials. If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Web page. The design or layout of any website owned, operated, licensed, or controlled by or associated with JUPITERIMAGES, is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. Individual Web sites within JUPITERIMAGES have legal and license terms which supplement these terms. See also Royalty-Free License for other legal terms that apply. LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, JUPITERIMAGES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY JUPITERIMAGES. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE. JUPITERIMAGES DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT JUPITERIMAGES WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. IN NO EVENT WILL JUPITERIMAGES OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF JUPITERIMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF JUPITERIMAGES OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY
UNITED STATES GOVERNMENT EXPORT CONTROLS
LINKS TO THIRD PARTY SITES.
OTHER LEGAL INFORMATION ©2005 JUPITERIMAGES, and its licensors. All rights reserved. ABLESTOCK.COM, ANIMATIONS.COM, BOTANICA, BRAND X, CLIPART.COM, COMSTOCK, COMSTOCK COMPLETE, CREATAS, DYNAMIC GRAPHICS, GOODSHOOT, HEMERA, IT STOCK FREE, JUPITERIMAGES, LIQUID LIBRARY, LIQUID TREAT, NONSTOCK, PHOTO-OBJECTS, PHOTOS.COM, PICTUREARTS, PICTUREQUEST, THINKSTOCK IMAGES, AND THINKSTOCK FOOTAGE are the exclusive trademarks of JUPITERIMAGES. All product names are either trademarks or registered trademarks of JUPITERIMAGES, or its affiliates or licensors. All rights reserved. Microsoft, Windows, and the Windows logo are registered trademarks of the Microsoft Corporation. Macintosh, Apple, and the Macintosh logo are registered trademarks of Apple Computer, Inc. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of JUPM. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. JUPM files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JUPITERIMAGES CORPORATION. "JUPITERIMAGES" WHEN USED HEREIN SHALL MEAN JUPITERIMAGES CORPORATION, OR ITS WHOLLY OWNED SUBSIDIARIES INCLUDING, WITHOUT LIMITATION, BANANASTOCK LTD., COVER IMAGEN Y PUBLICACIONES S.L., HEMERA TECHNOLOGIES, INC., IFA BILDERTEAM GMBH, IT STOCK INTERNATIONAL LTD., JUPITERIMAGES (UK) LTD., JUPITERIMAGES FRANCE SAS, JUPITERIMAGES GMBH, JUPITERIMAGES PTY LTD., WORKBOOK, INC., AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND/OR DISTRIBUTORS, AS THE CASE MAY BE. THIS LICENSE AGREEMENT APPLIES, WITHOUT LIMITATION, TO THE WEBSITES CURRENTLY LOCATED AT: BARRYSCLIPART.COM, BARRYSFREEPHOTOS.COM, CLIPARTCONNECTION.COM, CLIPART4SCHOOLS.COM, CLIPARTSHACK.COM, FONTCONNECTION.COM, FREESCHOOLCLIPART.COM, GIF.COM, MASTERFONTS.COM, MYCLIPART.COM, FREEIMAGES.COM, CLIP-ART.COM, MACFONTS.COM, PCFONTS.COM, POSTCARD.NET, OTHER VERSIONS OF THE FOREGOING OR FUTURE VERSIONS OF JUPITERIMAGES WEBSITES (THE "WEBSITES"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS AS WELL AS THE WEB SITE USER AGREEMENT AND JUPITERMEDIA PRIVACY POLICY. IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FROM JUPITERIMAGES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND FORMS A LEGAL CONTRACT BETWEEN YOU AND JUPITERIMAGES. JUPITERIMAGES reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s). 1. LICENSE A. Definitions: "Image(s)" shall mean animations, clipart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation obtained via download from the Web site, together with all accompanying metadata and other material. "User" or "You" shall mean the individual or legal entity (corporation, partnership, LLC, sole proprietorship, etc.) entering into this license agreement for personal use of the Images in accordance with the terms of this Agreement. B. Copyright: The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of JUPITERIMAGES, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of this License Agreement. Use of the Images without agreeing to this License Agreement, or a breach of these License Agreement terms, is copyright infringement. C. Grant: (I.) Paid License
D. Permitted Uses. You may, subject to Section 1(F) below: (I.) Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset
management purposes only. Any copy or archive you make must include copyright notice pursuant to Section 1(G)(III).
F. Prohibited Uses: You may NOT: (I.) Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).
(XII.) Without advance written consent from JUPITERIMAGES and any model in such Image(s), use Image(s) that
include people as part of any sensitive subject matters, as determined by JUPITERIMAGES, see Website
FAQs for examples. Sensitive subject use pertains
to noncommercial and editorial uses. Availability of model releases does not grant the right to use Image(s) in any sensitive
subject matters.
G. Additional Terms (I.) JUPITERIMAGES reserves the right to (i.) not permit use of any Image(s) for any reason whatsoever; and (ii.) notify
you that certain Image(s) are no longer available for use. Upon such notification, the license to use such Image(s) shall
automatically and immediately terminate.
2. TERMINATION A. This License Agreement is effective until it is terminated.
(I.) This License Agreement will terminate automatically, without notice from JUPITERIMAGES, if you fail to comply with
any provision of this License Agreement.
B. JUPITERIMAGES may, in its sole discretion: (i.) monitor, as frequently as JUPITERIMAGES determines, anything you download from the Web site, (ii.) limit downloads to a fixed amount of downloads per 24 hour period so as to insure the best possible service to all subscribers to the Web site, (iii.) track any abuse of your username and password, (iv.) suspend or terminate your account, without notice, if JUPITERIMAGES believes there is a violation of this Agreement, the Web Site User Agreement and/or any abuse of your username and password. C. Upon termination of this Agreement, you agree to (i.) destroy all copies and archives of the Image(s), (ii.) cease using the Image(s) for any purpose, and (iii.) confirm to JUPITERIMAGES in writing that you have complied with these requirements. 3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY A. DISCLAIMER OF WARRANTY. THE IMAGE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JUPITERIMAGES MAKES NO WARRANTIES FOR ANY IMAGES THAT HAVE BEEN MODIFIED OR ALTERED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF YOUR MODIFICATION AND USE OF THE IMAGES. JUPITERIMAGES GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. JUPITERIMAGES DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. JUPITERIMAGES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), JUPITERIMAGES' BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF JUPITERIMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL JUPITERIMAGES' TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY JUPITERIMAGES FOR YOUR USE OF THE APPLICABLE IMAGE(S). B. You represent, warrant and covenant that:
5. LIMITATION OF REMEDIES A. Replacement or Refund:
6. INDEMNIFICATION You agree to indemnify and hold JUPITERIMAGES, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with JUPITERIMAGES, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against JUPITERIMAGES arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement. JUPITERIMAGES reasonably cooperate in the defense thereof and have the right to participate in the litigation, at its own expense, through counsel of its choice. 7. GENERAL A. Enforceability:
B. Taxes and other:
C. Waiver:
8. JURISDICTION This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Connecticut, United States. Any claims shall be brought solely in the Federal District Court of the District of Connecticut and you expressly consent to the exclusive jurisdiction of the federal courts of the State of Connecticut, United States. You consent to the service of any required notice or process upon you by registered mail or overnight courier to the address provided to JUPITERIMAGES with your registration, as you may update from time to time, with proof of delivery. 9. LEGAL FEES You agree to reimburse JUPITERIMAGES for its legal fees, costs and disbursements if JUPITERIMAGES is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment. 10. ASSIGNABILITY You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. JUPITERIMAGES may assign or transfer this Agreement freely. 11. 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 JUPITERIMAGES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND JUPITERIMAGES RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQ'S, OTHER EXPLANATIONS, AND TEXT IN JUPITERIMAGES' WEB SITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT. |
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