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END-USER LICENSE AGREEMENT (EULA)
By
downloading any image or material from our website, you hereby agree to
the following terms and conditions as outlined herein, and as listed
elsewhere on our website:
This agreement is made by and between
K3graphics (otherwise listed herein as You or Your) who creates an
account for the right to access, acquire, and use Materials from this
website. K3graphics hereby represents that it owns all rights and
copyrights to all materials on our website, and all rights and
copyrights to said website and materials shall remain the exclusive
property, right and control of and under K3graphics and Materials from
our website will constitute and be defined as any photo, image, design,
or layout represented on the K3graphics website. By downloading any
Materials from K3graphics you are asserting your declaration that you
have read, understood, and agreed to all terms and conditions listed in
this Agreement, and otherwise identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from K3graphics. You agree to access, acquire, and use our Materials as follows:
1. These Terms and Conditions constitute a legal Agreement between You and K3graphics.
2. K3graphics.com grants You a nonexclusive, nontransferable license to
download, use, modify, publish, and display our Materials according to
the defined Terms and Conditions of this Agreement.
3. You
may access, acquire, and use the materials downloaded from
K3graphics.com subject to these Terms and Conditions in the following
manner:
* a. In the development and creation of your business presence and entity.
* b. As part of an offline presentation, meaning in menus, magazines,
in books, on book covers as par of the cover design, and newspapers.
* c. In the development and creation of marketing, promotional, or
advertising materials, including newsletters, mailers, print ads,
packaging, and fliers.
* d. As part of office presentation and
layout for your business, in other words, for use in an office, lobby,
retail store, or public area.
* e. In a PowerPoint presentation,
however, use of our Materials in this medium must include an explicit
statement in an easily identifiable location in this presentation
noting that Some images contained in this presentation are the
copyrighted property of K3graphics. As such, these images are being
used under a license from said entities, and may not be copied or
downloaded without explicit permission from K3graphics.
* f. As
part of a design element of a website, video, film, television
broadcast, CD-Rom cover, or video game. However, you may not, under
any circumstances use the materials from our website in a Website
template or any template or design sold individually or as part of an
archive or catalog collection, or an automated shopping system, under
any circumstances. You MAY however use our photos in client websites
that are NOT distributed through an archive or automatic system.
B.
User's Restrictions on the Use of K3graphics Materials. You agree not
to access, acquire, or use our Materials in any of the following
manners:
1. You may not at any time share, sell, give, or
allow anyone to use your username/password, nor access your account for
any reason.
2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
3. You may not distribute our Materials electronically or in hard copy,
except as specifically outlined in the User's Rights to Materials from
K3graphics section of this Agreement.
4. You may not use
any of the Materials downloaded or obtained from our site in a Website
template or any template or design sold individually or as part of an
archive or catalog collection, or an automated shopping system, under
any circumstances. You MAY however use our photos in client websites
that are NOT distributed through an archive or automatic system.
5. You may not allow or authorize any third party to use the Materials
for any purpose at any time or resell, sublicense, or otherwise make
available the Materials for use or distribution separately or detached
from a product or Web page.
6. You may not use any download
software, internet accelerators, or other similar software or automated
programs to access or download any materials from our website at any
time.
7. You may not under any circumstances use Materials in
connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that K3graphics may, in its sole discretion:
1. Monitor your download activity from K3graphics as often as
K3graphics determines under its sole discretion for any reason and for
any violation of this Agreement.
2. Disable any account that
engages in what K3graphics determines to be a large number of photos on
any given day, as such activity indicates possible EULA violations or
abuse of a username/password and account.
3. Limit downloads
to a fixed amount of downloads per 24 hour period, per user, as
K3graphics sees fit on an individual basis, and to ensure the quality
of our service is retained to be delivered to all.
4.
Investigate any abuse of your username and password in connection with
the K3graphics website or in connection with this Agreement.
5. Take the appropriate action to investigate all potential abuse,
which can lead to contacting the individual involved with the
violations, account suspension, account termination, or other actions
deemed necessary depending on the nature and severity of the
violations, if we are unable to confirm the validity of the activity.
6. Terminate your account immediately for any violation of this
agreement, or the Terms and Conditions as defined in this Agreement and
elsewhere on K3graphics, without notice. If your account is terminated
for any violation of this Agreement and/or abuse of your username or
password, and/or our Materials, you lose all rights to K3graphics
Materials, and you must IMMEDIATELY delete any and all Materials
obtained prior to this termination, and forfeit all fees paid.
D.
You understand that Materials are copyrighted and owned by K3graphics
only, and any unauthorized use of any of these Materials by you may be
an infringement upon said copyright.
E. K3graphics and all
Materials are made available to you AS IS,AS AVAILABLE, and WITH ALL
FAULTS. K3graphics its employees, directors, and officers and anyone
else associated with K3graphics makes no representation or warranty,
express or implied, including without limitation warranties of
merchantability, fitness for a particular purpose, or
non-infringement. K3graphics further makes no representation or
warranty that your usage of K3graphics will be uninterrupted, error
free of computer viruses, or other damaging materials. When you login
to your account, and access K3graphics, you do so at your own risk.
F.
K3graphics, its employees, directors, and officers, or anyone else
associated with K3graphics shall not be liable for any indirect,
special, consequential, economic damages including but not limited to
loss of revenue or profits, arising out of the use, or inability to
use, the Materials. K3graphics, its employees, or related parties,
will in no event be liable for any damages to exceed the amount paid by
you for accessing or using K3graphics, and for accessing, acquiring,
and/or using Materials from K3graphics.
G. AGE OF MAJORITY.
You warrant and attest that you are of the age of majority, and that
your signature shall serve as confirmation and attestation to this
statement. You further agree that you fully understand the contents,
meaning and impact of this agreement. You will not use these Materials
in any way that is not permitted in this Agreement or in violation of
this Agreement. Your use of these Materials will not violate any
applicable law or regulation of any country, state, or other
governmental entity. You further attest that the information you
provide to K3graphics is accurate and true, including without
limitation all credit card information
H. You agree to fully,
indemnify, and hold harmless K3graphics, its employees, directors,
officers, and any other entity associated with K3graphics, and each of
its successors, licensees, and assigns free and harmless from any and
all claims, liabilities, costs, losses, damages, expenses, including
attorneys fees and expenses, arising in connection with Your use of the
Materials and this website or of any breach or alleged breach of any
representation, warranty, or other promise made by You in this
Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this
agreement expresses the parties entire understanding and agreement, and
that there have been no warranties, representations, covenants, or
understandings made by either party to the other except as expressly
set forth in this agreement. Any modifications to this agreement shall
be made in writing and agreed to by both parties in writing. The
parties further acknowledge that this agreement supersedes, terminates,
and otherwise renders null and void any and all prior or
contemporaneous agreements or contracts, whether written or oral,
entered into between the Buyer and Seller with respect to the matters
expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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