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Acceler8ing.com LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT
(EULA) 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 Acceler8ing.com and the user (otherwise listed herein as You or Your)
who creates an account for the right to access, acquire, and use Materials from
this website. Acceler8ing.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 Acceler8ing.com. "Materials" from our
website will constitute and be defined as any photo, image, design, html, text, or layout
represented on the Acceler8ing.com website. By purchasing any Materials
from Acceler8ing.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 Rights to Materials from Acceler8ing.com. You agree to access,
acquire, and use our Materials as follows:
- These Terms and Conditions
constitute a legal Agreement between You and Acceler8ing.com.
- You may access, acquire, and
use the materials from Acceler8ing.com.com subject to these Terms and
Conditions.
B.
User Restrictions on the Use of Acceler8ing.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 without a properly executed licensing agreement between you and Acceler8ing.com.
- You may not use any of the
Materials 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. Images may not be displayed on any other World Wide Website without a properly executed licensing agreement between you and Acceler8ing.com.
- 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.
- 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 Acceler8ing.com may, in its sole discretion:
- Monitor your activity from
Acceler8ing.com as often as Acceler8ing.com determines under its sole
discretion for any reason and for any violation of this Agreement.
- Disable any account that
engages in what Acceler8ing.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.
- When available, limit
downloads to a fixed amount of downloads per 24 hour period, per user, as
Acceler8ing.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 Acceler8ing.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 Acceler8ing.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 Acceler8ing.com Materials, and you must
IMMEDIATELY delete any and all Materials obtained prior to this
termination, and forfeit all fees paid.
- Fair Use of the material on this site is limited to specific
reference to Acceler8ing.com / Mrkulic Photos and may require written
consent from the photographer and / or subject.
- Acceler8ing.com
/ Mrkulic Photos is resilient in the protection of copyright. In the
event infringement is discovered, you will be notified and may be
prosecuted for copyright infringement in U.S. Federal Court where you
will be subject to a fine of $150,000 statutory damages, as well as
court costs, and attorney's fees.
D. You understand that Materials are copyrighted and
owned by Acceler8ing.com, Acceler8ing.com only, and any unauthorized use of any
of these Materials by you may be an infringement upon said copyright.
E. Acceler8ing.com and all Materials are made available to you "AS
IS," "AS AVAILABLE," and "WITH ALL FAULTS."
Acceler8ing.com its employees, directors, and officers and anyone else
associated with Acceler8ing.com makes no representation or warranty, express or
implied, including without limitation warranties of merchantability, fitness
for a particular purpose, or non-infringement. Acceler8ing.com further
makes no representation or warranty that your usage of Acceler8ing.com will be
uninterrupted, error free of computer viruses, or other damaging materials.
When you login to your account, and access Acceler8ing.com, you do so at your
own risk.
F. Acceler8ing.com, its employees, directors, and officers, or anyone else
associated with Acceler8ing.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.
Acceler8ing.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
Acceler8ing.com, and for accessing, acquiring, and/or using Materials from
Acceler8ing.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
Acceler8ing.com is accurate and true, including without limitation all credit
card information
H. You agree to fully, indemnify, and hold harmless Acceler8ing.com, its
employees, directors, officers, and any other entity associated with
Acceler8ing.com, and each of its successors, licensees, and assigns free
and harmless from any and all claims, liabilities, costs, losses, damages,
expenses, including attorney’s 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 |
