CUSTODIAN OF RECORDS
D. Blum
6415 des Écores, 3rd Floor,
Montreal (Quebec)
H2G 2J6
Canada
1- GRANT OF LICENSE, GENERAL TERMS:
Licensor owns and distributes the purchased products.
In accordance with this agreement, Licensor grants
Licensee a non-exclusive website license to use the
product(s) 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. For example, you would need
additional written permission for television or
cellphone use. We do not allow the sharing of products
over peer to peer networks.
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 the
proprietary rights of Licensor.
Licensee must provide a complete list of domains in
which material is to be used. This must be done into the
« my account » section of adultcontent.ca by the
licensee.
2- ACCEPTABLE USES OF LICENSED CONTENT:
Banners and Webpage Design: 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.
Thumbnail Posts: Up to thirty (30) images may be
used at one time in a thumbnail post URL, so long as the
material remains hosted at the licensee's site. If the
material is to be hosted at the Thumbnail post's URL,
then up to fifteen (15) images may be used, providing
that all images are clearly identified as being from the
Licensee owned site, and a link to that site is
provided.
Movie Posts: Up to twelve (12) videos and a maximum of
100 secondes may be used at one time in a movie post
URL, so long as the material remains hosted at the
licensee's site. If the material is to be hosted at the
post URL, then up to three (3) videos and a maximum of
30 secondes may be used, providing that all images are
clearly identified as being from the Licensee owned
site, and a link to that site is provided.
All of the material contained on the Product may be used
as "web content" on up to twenty (20) domains owned by
the Licensee. Licensee may distribute the product only
via internet website(s) which are intended for end user
usage only. Product may not be placed on a website with
the intent to resell the content's use to other
webmasters. Product may not be used on any type of
leased product or as advertising material made available
to other webmasters.
All elements not used for banner usage or webpage design
are to be placed behind some form of membership only
access system, such as an Adult Verification Service, or
a paysite membership system.
3- UNACCEPTABLE USES OF CONTENT:
Licensee may not alter the images to make them appear to
be the copyrighted property of anyone other than
Licensor.
Licensee may not post the product to any "Newsgroup"
servers.
Licensee may NOT use the product as advertising material
for other webmasters. This include rotating and hosted
galleries.
Licensee is NOT licensed to rent, lease, transfer,
network, reprise display, or distribute the materials,
except as specifically provided above.
You may not knowingly allow other websites to use the
product, either by renting it's usage on your site, or
by allowing them to link to your website. Exception:
Thumbnail & Movie postings, as provided above.
4- CONTENT EDITING PROVISIONS:
Small URL's may be added to the images for the purposes
of promotion.
Editing of the images to make them suitable for sample
images is encouraged, such as pixelating areas of the
photo unsuitable for children to view, when the photos
may be in an area where children can see them.
Creation of Thumbnail images to use on a licensee's site
is allowed.
"Cropping" of the material is allowed.
Changing the file format and compression technique used
is allowed.
Adjusting/Altering color, gamma, attributes is allowed.
You may rename files.
Editing the files to make them more suitable for your
usage is allowed, however, changing the content of the
material (such as morphing or editing another person or
object into the photo, or changing the appearance of one
that is there), is NOT allowed.
Image Watermarks or Imbedded code (such as JPG comments)
may not be removed by the Licensee.
5- 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 twenty (20) domains owned and
operated by Licensee. All websites that this material is
used on must show the Licensee's name on it within the
publically accessable InterNIC (or other registration
agency) records.
6- 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
declares bankruptcy, 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.
7- Modifications.
Any modifications not specifically listed in this
document are not granted without express written
permission of Licensor.
8- 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 $50.00 is paid.
9- 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 supersedes any prior written or oral
agreements between the parties.
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 thatby 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 the laws of the
Province of Quebec, Canada. Licensee holds Licensor and
Broker 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. These images
are in compliance with the 18 USC 2257 US Federal Law,
and any inquiries made under this law must be directed
to Licensor.
13- Model IDs and 2257 Documents.
Being a Canadian company, 2257 documents are not
available for the content sold here, because of privacy
issues. |
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