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 UKPhotoStore.com (otherwise listed herein as You or
Your) who creates an account for the right to access, acquire, and use
Materials from this website. UKPhotoStore.com 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 UKPhotoStore.com and ‘Materials’
from our website will constitute and be defined as any photo, image, design, or
layout represented on the UKPhotoStore.com website. By downloading any
Materials from UKPhotoStore.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.
Terms of
Use and Conditions as Defined Below:
A. User's Rights to Materials from UKPhotoStore.com. You agree to access,
acquire, and use our Materials as follows:
These Terms and Conditions
constitute a legal Agreement between You and UKPhotoStore.com.
UKPhotoStore.com.com grants
You a non-exclusive, non-transferable license to download, use, modify,
publish, and display our Materials according to the defined Terms and
Conditions of this Agreement.
You may access, acquire, and
use the materials downloaded from UKPhotoStore.com.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 off-line
presentation, meaning in menus, magazines, in books, on book covers as
part of the cover's 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 décor in an
office, lobby, retail store, or public area.
e. In a Power Point
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 UKPhotoStore.com. As such, these images are being used
under a license from said entities, and may not be copied or downloaded
without explicit permission from UKPhotoStore.com.
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 catalogue 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 UKPhotoStore.com Materials. You agree not to
access, acquire, or use our Materials in any of the following manners:
You may not at any time
share, sell, give, or allow anyone to use your username/password, nor
access your account for any reason.
You may not distribute,
share, sell, or give away any of our Materials at any time for any reason
whatsoever.
You may not distribute our
Materials electronically or in hard copy, except as specifically outlined
in the User’s Rights to Materials from UKPhotoStore.com section of this
Agreement.
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
catalogue 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.
You may not allow or
authorise any third party to use the Materials for any purpose at any time
or resell, sub license, or otherwise make available the Materials for use
or distribution separately or detached from a product or Web page.
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.
You may not under any
circumstances use Materials in connection with any illegal, obscene,
immoral, or pornographic material.
C. You
understand and agree that UKPhotoStore.com may, in its sole discretion:
Monitor your download
activity from UKPhotoStore.com as often as UKPhotoStore.com determines
under its sole discretion for any reason and for any violation of this
Agreement.
Disable any account that
engages in what UKPhotoStore.com 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.
Limit downloads to a fixed
amount of downloads per 24 hour period, per user, as UKPhotoStore.com sees
fit on an individual basis, and to ensure the quality of our service is
retained to be delivered to all.
Investigate any abuse of
your username and password in connection with the UKPhotoStore.com website
or in connection with this Agreement.
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.
Terminate your account
immediately for any violation of this agreement, or the Terms and
Conditions as defined in this Agreement and elsewhere on UKPhotoStore.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 UKPhotoStore.com 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 UKPhotoStore.com
only, and any unauthorized use of any of these Materials by you may be an
infringement upon said copyright.
E. UKPhotoStore.com and all Materials are made available to you ‘AS IS’, ‘AS
AVAILABLE’ and ‘WITH ALL FAULTS’. UKPhotoStore.com its employees,
directors, and officers and anyone else associated with UKPhotoStore.com makes
no representation or warranty, express or implied, including without limitation
warranties of merchantability, fitness for a particular purpose, or
non-infringement. UKPhotoStore.com further makes no representation or
warranty that your usage of UKPhotoStore.com will be uninterrupted, error free
of computer viruses, or other damaging materials. When you login to your
account, and access UKPhotoStore.com, you do so at your own risk.
F. UKPhotoStore.com, its employees, directors, and officers, or anyone else
associated with UKPhotoStore.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. UKPhotoStore.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 UKPhotoStore.com, and
for accessing, acquiring, and/or using Materials from UKPhotoStore.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 UKPhotoStore.com
is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless UKPhotoStore.com, its
employees, directors, officers, and any other entity associated with UKPhotoStore.com,
and each of its successors, licensees, and assigns free and harmless from
any and all claims, liabilities, costs, losses, damages, expenses, including legal
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.