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COMPRAFOTOS.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 YOU, HIS (HER, YOUR) COMPANY,
HIS(HER,YOUR) EMPLOYER AND / OR HIS(HER,YOUR) CLIENT (in case you are an agent
acting in representation of an alone client) who generates a transaction for
the right to access, acquire, and use Materials from this website. COMPRAFOTOS.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 COMPRAFOTOS.COM and Materials
from our website will constitute and be defined as any photo, image, design, or
layout represented on the COMPRAFOTOS.COM website. By downloading any Materials from COMPRAFOTOS.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. Users Rights to Materials from COMPRAFOTOS.COM . You agree to
access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You
and COMPRAFOTOS.COM.
- COMPRAFOTOS.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.
- You may access, acquire, and use the materials downloaded from COMPRAFOTOS.COM
subject to these Terms and Conditions in the following manner:
- A. In the development and creation of your business presence and
entity.
- B. As part of an offline presentation, meaning in menus, magazines,
in books, on book covers as par of the covers design, and newspapers.
- C. In the development and creation of marketing, promotional, or
advertising materials, including newsletters, mailers, print ads,
packaging, and fliers.
- D. As part of office presentation and layout for your business, in
other words, for decor in an office, lobby, retail store, or public area.
- E. 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 COMPRAFOTOS.COM. As
such, these images are being used under a license from said entities, and
may not be copied or downloaded without explicit permission from COMPRAFOTOS.COM.
- F. 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.
B. Users Restrictions on the Use of COMPRAFOTOS.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, except as specifically outlined in the Users Rights to Materials
from COMPRAFOTOS.COM section of this Agreement.
- 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 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 COMPRAFOTOS.COM may, in its sole
discretion:
- Monitor your download activity from COMPRAFOTOS.COM as often as COMPRAFOTOS.COM
determines under its sole discretion for any reason and for any violation
of this Agreement.
- Disable any account that engages in what COMPRAFOTOS.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.
- Limit downloads to a fixed amount of downloads per 24 hour period,
per user, as COMPRAFOTOS.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 COMPRAFOTOS.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 COMPRAFOTOS.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 COMPRAFOTOS.COM
materials, and you must IMMEDIATELY delete any and all Materials obtained
prior to this termination, and forfeit all fees paid.
D. You understand that Materials are copyrighted and owned by COMPRAFOTOS.COM
only, and any unauthorized use of any of these Materials by you may be an
infringement upon said copyright.
E. COMPRAFOTOS.COM and all Materials are made available to you “AS IS”, “AS
AVAILABLE”, and “WITH ALL FAULTS”. COMPRAFOTOS.COM its employees,
directors, and officers and anyone else associated with COMPRAFOTOS.COM makes no representation or warranty, express
or implied, including without limitation warranties of merchantability, fitness
for a particular purpose, or non-infringement. COMPRAFOTOS.COM further
makes no representation or warranty that your usage of COMPRAFOTOS.COM will be
uninterrupted, error free of computer viruses, or other damaging
materials. When you login, and access COMPRAFOTOS.COM, you do so at your
own risk.
F. COMPRAFOTOS.COM, its employees, directors, and officers, or anyone else
associated with COMPRAFOTOS.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. COMPRAFOTOS.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 COMPRAFOTOS.COM, and
for accessing, acquiring, and/or using Materials from COMPRAFOTOS.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 COMPRAFOTOS.COM
is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and
hold harmless COMPRAFOTOS.COM, its employees, directors, officers, and any
other entity associated with COMPRAFOTOS.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.
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.
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