The following is a legal agreement between you and KwikMySpaceComments. Please read this agreement carefully before downloading any KwikMySpaceComments Images ("Image"). By downloading any Image, you agree to be bound by the terms of this agreement. KwikMySpaceComments 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 and when changes are made to these terms of service an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not download or use any Images. Please note that Images downloaded as part of your Standard agreement may only be used in compliance with these Standard Terms of Service TOS.
PART I
All Images on the KwikMySpaceComments website are protected by United States and international copyright laws and treaties. KwikMySpaceComments and/or the various artists who provide content and/or Images to KwikMySpaceComments ("Submitters") own all rights, including the copyrights in and to the Images. KwikMySpaceComments and/or its Submitters reserve all rights in and to the Images not granted to you by the terms of this agreement. Your rights to use any Image are subject to this agreement. By this Agreement, KwikMySpaceComments grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
On personal non-profit web sites; images and comments are not to be used on commerical websites with the purpose of creating sponsorship revenues or any other revenues.
In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by KwikMySpaceComments or its Submitter, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
All other rights in the Images are expressly reserved by KwikMySpaceComments for itself and its Submitters.
PART II
RESTRICTIONS
YOU MAY NOT:
Use an Image other than as specified in PART I.
Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites.
Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
Use or display an image as part of or in connection with the production, promotion or marketing of any multimedia, audio-visual work or audio only work including, without limitation, any documentary, news show, television program or film, in any media.
Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image.
Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
Use KwikMySpaceComments Images in a manner that competes with KwikMySpaceComments business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering KwikMySpaceComments Images for sale, or including KwikMySpaceComments Images in templates (website, document, project or otherwise) for sale.
You may not create a digital or print greeting card line based on KwikMySpaceComments Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) on online auction websites (e.g., Ebay, Amazon Auctions, Overstock Auctions, etc.) or otherwise that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights.
Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. KwikMySpaceComments does not provide such permissions.
Use any Image (in whole or in part) as a trademark, logo or an element thereof.
Produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement.
Stockpile, download, or otherwise store Images not used within six (6) months..
Use automated programs, applets, bots etc., to download Images.
PART III
"Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.
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You agree to indemnify and hold KwikMySpaceComments., its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify KwikMySpaceComments for all costs and expenses that KwikMySpaceComments incurs in the event that you breach any of the terms of this or any other agreement with Shutterstock.
Neither KwikMySpaceComments or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.
This contract is governed by and shall be construed in accordance with the laws of the State of Pennsylvania. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of either of the parties, but rather in accordance with the fair meaning thereof.
KWIKMYSPACECOMMENTS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) 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.
KWIKMYSPACECOMMENTS GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
KWIKMYSPACECOMMENTS DOES NOT WARRANT THAT THE IMAGE(S), KWIKMYSPACECOMMENTS WEBSITES 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.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
KWIKMYSPACECOMMENTS 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), KWIKMYSPACECOMMENTS BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF KWIKMYSPACECOMMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL KWIKMYSPACECOMMENTS 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 KWIKMYSPACECOMMENTS WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY KWIKMYSPACECOMMENTS FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).
Effective 22 Sept 2006
Disclaimers
KwikMySpaceComments may not be suitable for all ages. Attempts have been made to give fair warning prior to entering areas of the site known to contain potentially offensive material, but site content is not strictly policed and users will browse at their own risk.
KwikMySpaceComments is not affiliated in any way with MySpace.com or any other online web profile or blogging community.
KwikMySpaceComments images may not be appropriate for use on all online web profile and blogging communities and it is the user's responsibility to review the Terms of Service provided by their community governing permissible content. KwikMySpaceComments will not be held responsible for disciplinary actions including but not limited to the termination of an account on any online community resulting from the inclusion of KwikMySpaceComments content.
KwikMySpaceComments will not be held liable for any copyright infringement actions taken against you in the event that you choose to download art from the KwikMySpaceComments website.
Your use of KwikMySpaceComments images is entirely at your sole risk. KwikMySpaceComments will not be responsible to you nor any third parties for any direct or indirect consequential, special, or punitive damages or losses you may incur in connection with this service, your use thereof or any of any images downloaded from our site, regardless of the type of claim or the nature of the cause of action.
