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STOCKEDPHOTOS.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 StockedPhotos.com, a wholly owned
subsidiary of Big Resources, Inc. (otherwise listed herein as StockedPhotos.com,
We, or Us), and the purchaser (otherwise listed herein as You or Your) who
creates an account for the right to access, acquire, and use Materials from
this website. StockedPhotos.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 StockedPhotos.com and/or Big Resources, Inc.
“Materials” from our website will constitute and be defined as any photo,
image, design, or layout represented on the StockedPhotos.com website.
By downloading any Materials from StockedPhotos.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:
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A.
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User’s Rights to Materials
from StockedPhotos.com. You agree to access, acquire, and use
our Materials as follows:
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1.
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These Terms and Conditions constitute
a legal Agreement between You and StockedPhotos.com/Big
Resources, Inc.
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2.
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StockedPhotos.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.
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3.
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You may access, acquire, and use the
materials downloaded from StockedPhotos.com subject to these Terms and
Conditions in the following manner:
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a.
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In the development and creation of your
business presence and entity.
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b.
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As part of an offline presentation, meaning
in menus, magazines, in books, on book covers as par of the cover’s design,
and newspapers.
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c.
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In the development and creation of marketing,
promotional, or advertising materials, including newsletters, mailers, print
ads, packaging, and fliers.
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d.
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As part of office presentation and layout
for your business, in other words, for décor in an office, lobby,
retail store, or public area.
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e.
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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 StockedPhotos.com
and Big Resources, Inc. As such, these images are being used under
a license from said entities, and may not be copied or downloaded without
explicit permission from StockedPhotos.com or Big Resources, Inc.”
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f.
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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.
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B.
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User’s Restrictions on the
Use of StockedPhotos.com Materials. You agree not to access,
acquire, or use our Materials in any of the following manners:
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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 StockedPhotos.com” 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.
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C.
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You understand and agree that StockedPhotos.com
may, in its sole discretion:
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1.
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Monitor your download activity from
StockedPhotos.com as often as
StockedPhotos.com determines under its sole discretion for any reason
and for any violation of this Agreement.
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2.
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Disable any account that engages in what
StockedPhotos.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.
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3.
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Limit downloads to a fixed amount of
downloads per 24 hour period, per user, as StockedPhotos.com sees fit on
an individual basis, and to ensure the quality of our service is retained
to be delivered to all.
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4.
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Investigate any abuse of your username
and password in connection with the StockedPhotos.com website or in connection
with this Agreement.
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5.
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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.
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6.
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Terminate your account immediately for
any violation of this agreement, or the Terms and Conditions as defined
in this Agreement and elsewhere on StockedPhotos.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 StockedPhotos.com Materials, and you must IMMEDIATELY delete any and
all Materials obtained prior to this termination, and forfeit all fees paid.
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D.
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You understand that Materials are copyrighted
and owned by StockedPhotos.com and Big Resources, Inc. only, and any unauthorized
use of any of these Materials by you may be an infringement upon said copyright.
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E.
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StockedPhotos.com and all Materials are
made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”
StockedPhotos.com its employees, directors, and officers and anyone else
associated with StockedPhotos.com and Big Resources, Inc. makes no representation
or warranty, express or implied, including without limitation warranties
of merchantability, fitness for a particular purpose, or non-infringement.
StockedPhotos.com further makes no representation or warranty that your
usage of StockedPhotos.com will be uninterrupted, error free of computer
viruses, or other damaging materials. When you login to your account,
and access StockedPhotos.com, you do so at your own risk.
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F.
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StockedPhotos.com, its employees, directors,
and officers, or anyone else associated with StockedPhotos.com and Big Resources,
Inc. 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. StockedPhotos.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 StockedPhotos.com,
and for accessing, acquiring, and/or using Materials from StockedPhotos.com
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G.
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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 StockedPhotos.com is accurate and true,
including without limitation all credit card information
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H.
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You agree to fully, indemnify, and hold
harmless StockedPhotos.com, its employees, directors, officers, and any
other entity associated with StockedPhotos.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.
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I.
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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.
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J.
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You agree, attest, and reaffirm your
agreement to the terms listed herein and to conduct your transaction electronically.
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