CUSTODIAN OF RECORDS
C.Keddie
Fovam Ter 2-3 Em. 4/4
Budapest, Hungary 1056
End User License Agreement - Read Before Using
Product!
[01] Grant of License, General Terms.
Licensor owns and distributes the Product named above.
In accordance with this agreement,
Licensor grants Licensee a non-exclusive license to
distribute images on their website(s).
Licensor retains titles and ownership of the Product,
and gives up no legal rights as
part of this agreement.
Licensee agrees not to sell or distribute the images via
any physical method (such as
diskette, CD-ROM, paper printing, or any other
technology not specifically named in this
document) without additional written permission and
payment of fees. Licensee acknowledges
that unauthorized reproduction of copies of the licensed
material may constitute a serious
crime, and that such actions may also result in a suit
for damages, injunctive relief, and
attorney fees, pursuant to this agreement and to other
rights that the licensor may have.
It is understood, not withstanding any other provisions
of this agreement, licensor has the
unequivocal right to obtain timely injunctive relief to
protect its’ proprietary rights.
[02] ACCEPTABLE USES OF LICENSED CONTENT.
Licensee may use a limited number of images in banners
and web-page design elements.
Licensee may use up to fifteen (15) images for banner
usage from any licensed Phoenix Content
Title; up to thirty (30) images may be used for web-page
design elements from any licensed
Phoenix Content Title. Banners with licensed material on
them must be linked to a site owned
by the licensee, and material used in webpage design
elements must be located on a website
owned by the licensee.
Up to thirty (30) images may be used at one time in a
thumbnail post URL. If the material is
to be hosted on a free-host, you must send an email to
support@phoenixcontent.com to let us
know you will be using the licensed content on a free
host, and list the URL of the free host.
All of the material contained on the Product may be used
as "web content" on up to ten (10)
domains owned by the Licensee. All websites that this
material is used on must show the Licensee
as owner of said URL(s) in the publically accessable
InterNIC (or other registration agency)
records. Licensee may distribute the product only via
internet website(s) which are intended for
end-user usage only. The product may not be placed on a
website with the intent to resell the
content's use to other webmasters.
Licensee must provide a complete list of domains in
which material is to be used. Your domain
names shall be typed in at the end of this License
agreement and then the entire agreement
emailed as an attachment to support@phoenixcontent.com,
as well as kept by you for your records.
We RECOMMEND compliance with 47 U.S.C. 223 (amended)
subsections A and D under section 502; We
RECOMMEND that all elements not used for banner usage or
webpage design be placed behind some form
of membership-only access system, such as an Adult
Verification Service, or a paysite membership
system.
[03] UNACCEPTABLE USES OF LICENSED CONTENT
Licensee may not: alter the images to make them appear
to be the copyrighted property of anyone
other than Licensor. Licensee is NOT licensed to rent,
lease, transfer, network, reprise display,
or distribute the Product materials, except as
specifically provided above. You may not knowingly
allow other websites to use this content, either by
renting it’s usage on your site, or by
allowing them to link to your website. Exception:
Thumbnail postings, as provided above.
[04] CONTENT EDITING PROVISIONS.
Licensee may: add small URL’s to the images for the
purposes of promotion, crop images, censor
areas of a photo for use in non password-protected
areas, change file format/ compression
technique, create thumbnails, rename files.
Licensee may not: change the content by morphing or
editing another person or object into the
photo, or changing the appearance of one that is there,
remove embedded code (such as JPG
comments).
[05] Payment of Royalty.
Licensee will pay a one-time lifetime fee specified on
the purchase invoice. This license allows
Licensee to use the Product on up to ten (10) of
licensee’s domains.
[06] Revocation of License.
Licensor may revoke Licensee’s license in the event that
Licensee violates one or more of the
provisions of this license. The License is automatically
revoked if the Licensee obtains a refund
of the product payment, or causes the product payment to
become invalid through any action, such
as fraudulent use or credit card chargeback. Involuntary
revocation of the license does not grant
Licensee any refund of the payment made.
[07] Modifications.
Any modifications not specifically listed in this
document are not granted without express written
permission of Licensor.
[08] Transfer of Rights.
This agreement shall be binding on any successors of the
parties. Licensee does not have the
right to assign it’s interests in this agreement to any
other party, unless the prior written
consent of Licensor is obtained and an administration
fee of $100.00 is paid.
[09] Entire Agreement.
This agreement contains the entire agreement of the
parties and there are no other promises or
conditions in any other agreement whether oral or
written. This agreement supercedes any prior
written or oral agreements between the parties. This
agreement requires that Licensee return a
copy of Page 4 to Licensor in order for this agreement
to be binding (see Page 4 for details).
[10] Severability.
If any provision of this agreement shall be held to be
invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and
enforceable. If a court finds that any
provision of this agreement is invalid or unenforceable,
but that by limiting such provision it
would become valid or enforceable, then such provision
shall be deemed to be written, construed,
and enforced as so limited.
[11] Waiver of Contractual Right.
The failure of either party to enforce any provision of
this agreement shall not be construed as
a waiver or limitation of that party’s right to
subsequently enforce and compel strict compliance
with every provision of this agreement.
[12] Applicable Law.
This agreement shall be governed by International Law.
Licensee holds Licensor harmless for any
legal issues related to the distribution of the material
as it relates to community standards and
adult entertainment laws as set forth in any
city/county, state or country of Licensee and their
websites. Licensor does not warrant this material to be
acceptable in your community, and Licensee
assumes full responsibility for determining what images
are suitable for distribution. Licensor
warrants the images are fully copyrighted, and this
license warrants these images free of
intellectual property violations only. Licensor warrants
that these images are in compliance with
the 18 USC 2257 US Federal Law, and any inquiries made
under this law must be directed immediately to Licensor. |
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