TEAPARTYLOGOS.COM LIMITED LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF IMAGES FROM TEAPARTYLOGOS.COM.
The TEAPARTYLOGOS.COM End User License Agreement (EULA)
This Agreement is between Herbert C. Mitchell (hereafter known as “Licensor”), doing business as TeaPartyLogos.com and the user who downloads Content from this website.
For the purpose of this Agreement, "Content" is defined as any image owned by Licensor or its authorized contributors that has been made available for download on this website.
By downloading any image from this site, you have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from Licensor, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
Licensor represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with Licensor and its respective suppliers.
Terms and Conditions of Use
You agree to access, acquire, and use the Content under the following Terms and Conditions:
- These Terms and Conditions constitute a legal Agreement between You and Licensor
- Licensor grants You a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
- You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via Licensor, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
- Non-Commercial Purposes, i.e, Personal Use
- as a design element on a website, blog or email, but NOT in connection with any Web site template or other electronic template for sale to others
- in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: "Certain images and/or photos on this page are the copyrighted property of Licensor, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from Licensor"
- as design elements in video, film, or television broadcasts.
- If the Content is to be used in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs - Licensor grants You a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content according to the Terms and Conditions set forth in Section 3 hereof.
- Commercial Purposes
(License Purchase Required)
- as a part of commercial or advertisement designs in magazines and newspapers.
- as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.
- in connection with your business or entity, eg corporate identity documents, and letterhead.
- as decor in an office, lobby, or public area, restaurant, or retail store.
- in products designed for resale whether such products are physical products or electronic products.
- You may NOT
- distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
- authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
- share Content across a network, on a CD, or in any other way;
- trademark Content when used as part of a logo or part of any trademark;
- under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); impersonation of any third party; sensitive mental/health/other similar aspect of contexts or subjects.
- You understand and agree that Licensor may, in its sole discretion,
- monitor anything you download from the Licensor website, as frequently as Licensor in its sole discretion determines, for any violation of this Agreement,
- terminate your account, without notice, if it finds what Licensor believes to be any violation of this Agreement. If your account is terminated for any violation of this Agreement you lose all rights to Licensor Content, must immediately delete all Content acquired from Licensor, and forfeit all fees paid.
- Licensor and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Licensor, its employees, directors, and officers, and anyone else associated with Licensor disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of Licensor will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. Licensor, its employees and officers, and anyone else acting on behalf of Licensor also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort.
- You understand and acknowledge that neither Licensor, its employees, directors, and officers, nor anyone acting on behalf of the Licensor website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
- You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
- In no event will Licensor, its employees, directors, and officers, or anyone else associated with Licensor be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if Licensor has been advised of the possibility of such damages. In no event will the liability of Licensor, its employees, or related parties exceed the amount paid by you for accessing or using Licensor and for accessing, acquiring, and/or using Content from Licensor. 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.
- You represent and warrant that:
- You are at least 18 years of age and have the right to enter into this Agreement;
- You will not use the Content in any way that is not permitted by this Agreement;
- Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
- The information you provide the Licensor is accurate and true, including without limitation all credit card information.
- You agree to fully defend and indemnify Licensor, its employees, directors, and officers, and anyone else associated with Licensor, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
- This Agreement constitutes the entire agreement between You and Licensor regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Licensor to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
- You have agreed, and reaffirm your agreement to conduct this transaction electronically.