WARMPICTURE.COM LICENSING TERMS & CONDITIONS
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 Warmpicture.com and the image purchaser (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Warmpicture.com hereby represents that it owns all rights and copyrights to all materials website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under the contributing artists and Warmpicture.com. "Materials" from our website will constitute and be defined as any photo, image, design, or layout represented on the Warmpicture.com website. By downloading any Materials from Warmpicture.com 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.
A. User's Rights to Materials from Warmpicture.com. Warmpicture.com.com grants to Licensee a perpetual, non-transferable, non-exclusive worldwide right to Reproduce the Licensed Material an unlimited number of times in any and all media for all purposes other than those uses prohibited under Section B of this Agreement.
B. User's Restrictions on the Use of Warmpicture.com Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
1. In a way that would make people assume that the person(s) depicted on the Image is/are endorsing a certain product or a service.
2. You may not under any circumstances use Materials in connection with any illegal, obscene, slanderous, immoral, or pornographic material.
3. As part of a business name, trademark, service mark or logo.
4. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
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. Licensee may not make the Licensed Material available (separate from the Licensee Work) in any medium accessible by persons other than authorized Users; or make the Licensee Work available in any medium or manner intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file, such as for a screensaver.
7. Licensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products (e.g., products in which Licensed Material is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.
8. If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model.
9. If the Licensee Work is Reproduced on a website, Licensee shall post terms and conditions on the website that prohibit downloading, republication, retransmission, reproduction or other use of the Licensed Material as a stand-alone file.
10. The licensed material may not be used as part of editorial or advertising copy in magazines, cd or dvd cover art, e-books, newspapers, books, book covers, textbooks, editorials and directories exceeding fifty thousand (50,000) copies in the aggregate, unless an Extended License is purchased.
C. You understand and agree that Warmpicture.com may, in its sole discretion:
1. Monitor your download activity from Warmpicture.com as often as Warmpicture.com determines under its sole discretion for any reason and for any violation of this Agreement.
2. Disable any account that engages in what Warmpicture.com determines to be a large number of images 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 Warmpicture.com 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 Warmpicture.com 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 Warmpicture.com, 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 Warmpicture.com Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
7. Monitor your download activity from Warmpicture.com as often as Warmpicture.com determines under its sole discretion for any reason and for any violation of this Agreement.
8. Disable any account that engages in what Warmpicture.com determines to be a large number of images on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
D. Copyright and Credit Information.
1. Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Warmpicture.com grants Licensee no right or license, express or implied, to the Licensed Material.
2. Photo Credit. All Licensed Material used in an editorial context, must include the following credit line adjacent to the Licensed Material: "[Photographer's Name]/Warmpicture.com”. If Licensee omits the credit, an additional fee in an amount up to one hundred percent (100%) of the License Fee may be payable by Licensee, at Warmpicture's sole discretion. The foregoing fee shall be in addition to any other rights or remedies that Warmpicture may have at law or in equity.
E. Warmpicture.com and all Materials are made available to you "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". Warmpicture.com its employees, directors, and officers and anyone else associated with Warmpicture.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Warmpicture.com further makes no representation or warranty that your usage of Warmpicture.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Warmpicture.com, you do so at your own risk.
F. Warmpicture.com, its employees, directors, and officers, or anyone else associated with Warmpicture.com 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. Warmpicture.com, 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 Warmpicture.com, and for accessing, acquiring, and/or using Materials from Warmpicture.com.
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 Warmpicture.com is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless Warmpicture.com, its employees, directors, officers, and any other entity associated with Warmpicture.com, 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.