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| Content License Agreement |
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LEIGHTON & COMPANY, INC.
DBA LEIGHTON O'CONNOR, Jr.
TERMS OF SERVICE ("TOS")
LICENSE STANDARD LICENSE
The following is a legal agreement between you and Leighton & Company,
Inc. ("Leighton O'Connor, Jr."). Please read this agreement carefully
before downloading any of Leighton O'Connor's images ("Image"). By
downloading any Image, you agree to be bound by the terms of this
agreement. Leighton O'Connor 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.
PART I
1. All Images on Leighton O'Connor's website are protected by
United States and international copyright laws and treaties. Leighton
O'Connor owns all rights, including the copyrights in and to the
Images. Leighton O'Connor reserves all rights in and to the Images not
granted to you by the terms of this license. Your rights to use any
Image are subject to this license agreement and are conditioned upon
your payment to Leighton O'Connor for your use of the Images. If you
fail to make any payment to Leighton O'Connor when due, or if any
check is dishonored or credit card charge refused or charged back,
your transaction will be deemed delinquent.
2. By this Agreement, Leighton O'Connor 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:
a)
On web sites in which the images are not being resold or sold on products. If the images appear on an editorial web site a credit for Leighton O'Connor is required and a link to www.leightonoconnor.com/stock is requested.
b)
Incorporated into software as a background image or splash
screen, provided that the Image or any digital files containing the
Image cannot be unincorporated from the software or viewed as a
slideshow or the equivalent;
c)
In multimedia presentations and incorporated into film and
video for broadcast use, and theatrical display only where the
intended audience will consist of fewer than one hundred thousand
(100,000) viewers;
d)
In CD or DVD cover art, magazines, newspapers, books, , book
covers, textbooks, editorials provided that the manufacturing or print
run of such CDs or DVDs, magazines, newspapers, etc. does not exceed
two hundred fifty thousand (100,000) copies in the aggregate;
e)
In ebooks, including multi seat license electronic
textbooks, provided that the number of potential seat licenses or end
users is fewer than one hundred thousand (100,000);
f)
In the artwork for the packaging of any product (excluding
CDs, DVDs, etc.) without regard to the quantity of packages
manufactured;
g)
As toolbar skins and mobile phone "wallpaper" for your own
personal use;
h)
On letterhead, business cards, advertising or promotional
posters, pamphlets, brochures, catalogs, pop up and/or panel displays
for use in conventions and trade shows, provided that the Image is not
used as and does not function as a trademark, service mark or logo or
as an element thereof;
i)
As prints, posters (i.e. a hardcopy) and other reproductions
for your own personal, non-commercial use or as advertising posters
for use in promoting the sale of other products (as opposed to
promoting the sale of the prints, posters, etc. containing the
Images), provided that such prints and/or posters and/or other
reproductions combine words and an Image or Images;
j)
As a single hand painted reproduction (not as a printed
reproduction) on a canvas or other material to be used as decoration
and not resold; and
k)
In coordination with opt-in email marketing. Images cannot
be used in connection with unsolicited email - or linked from
unsolicited email.
l)
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 Leighton O'Connor, subject to your
rights to use such Image(s) pursuant to the terms and limitations set
forth herein.
m) As print advertising.
n) As editorial use for web sites, magazines, newspapers, newsletters and television. If the images appear on an editorial web site a credit for Leighton O'Connor is required and a link to www.leightonoconnor.com/stock is requested. If images are used in magazines, newspapers and newsletters, a credit for Leighton O'Connor is required.
All other rights in the Images are expressly reserved by Leighton O'Connor
.
PART II RESTRICTIONS YOU MAY NOT:
3. Use an Image other than as specified in PART I.
4. 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 as well as sites such as Cafe Press
(i.e. www.cafepress.com).
5. 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.
6. 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 with an intended audience of more than one
hundred thousand (100,000) viewers, including, without limitation, any
documentary, news show, television program or film, in any media. You
must obtain an Enhanced License for such use.
7. 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) uses that are defamatory, or contain otherwise
unlawful, offensive or immoral content.
8. 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 and could result in the
termination of your rights under this agreement.
9. Share an Image by providing access to such Image on shared disk
drives, computer networks, intranets of any nature or otherwise.
10. Use Leighton O'Connor's images in a manner that competes with
Leighton O'Connor's 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 Leighton O'Connor
Images for sale, or including Leighton O'Connor Images in templates
(website, document, project or otherwise) for sale.
11. You may not create a digital or print greeting card line based
on Leighton O'Connor Images - or use our Images as the basis for any
individual or collection of physical or digital objects which you then
offer for sale. However, you may use images for manufacturing or
producing physical items for promotional use only, including paper
greeting cards, magnets, etc., provided that you do not produce more
than 1,000 copies of any single item that bears one or more Images and
further provided that such items combine text with any Images.
Promotional uses must comply, in all respects, with the restrictions
set forth in these TOS. 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.
12. 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. Leighton O'Connor does
not provide such permissions.
13. Use any Image (in whole or in part) as a trademark, logo or an
element thereof.
14. 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.
15. Use automated programs, applets, bots etc., to download Images.
PART III
16. "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.
17. If you plan on using or do use Images as part of work for a
client or customer, you must keep accurate and detailed records of the
use of each Image. These records must include the name of the client
or customer, the Leighton O'Connor's Image number as well as the date
or dates on which the Images were used.
18. You agree to indemnify and hold Leighton & Company, Inc., 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 Leighton & Company, Inc for all costs
and expenses that Leighton & Company, Inc incurs in the event that you
breach any of the terms of this or any other agreement with Leighton &
Company, Inc.
19. Neither Leighton & Company, Inc 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.
20. This contract is governed by and shall be construed in
accordance with the laws of the State of Massachusetts. 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, County and
City of Massachusetts and not elsewhere. 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.
21. If you are unsure of your rights under this agreement, or if you
wish to use an Image in a manner not expressly permitted under this
agreement please contact Leighton & Company, In.c
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT,
LEIGHTON & COMPANY, INC. SHALL HAVE THE RIGHT TO TERMINATE YOUR USAGE
RIGHTS FOR LEIGHTON O'CONNOR'S IMAGES.
LEIGHTON & COMPANY, INC 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.
LEIGHTON & COMPANY, INC 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.
LEIGHTON & COMPANY, INC DOES NOT WARRANT THAT THE IMAGE(S), LEIGHTON &
COMPANY, INC 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.
LEIGHTON & COMPANY, INC 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), LEIGHTON & COMPANY,
INC'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF LEIGHTON &
COMPANY, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
COSTS OR LOSSES. IN NO EVENT, SHALL LEIGHTON & COMPANY, INC'S 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 LEIGHTON O'CONNOR'S WEBSITE AND/OR IMAGE(S) CONTAINED THEREON
(WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT
ACTUALLY RECEIVED BY LEIGHTON & COMPANY, INC FROM YOU FOR YOUR USE OF
THE APPLICABLE IMAGE(S).
Effective 1 December 2007 |
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