Images of Sri lanka - imagesofsrilanka.com
 
   
 

TERMS AND CONDITIONS ("TAC")  
FOR USERS ONLY 
Last Update: May 2007 
Dear "Images of Sri Lanka" User, 
 
The following is a legal agreement between you and www.imagesofsrilanka.com ("Images of Sri Lanka"). Please read this agreement carefully before downloading any “Images of Sri Lanka” Images ("Image"). By downloading any Image, you agree to be bound by the terms of this agreement. “Images of Sri Lanka” 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 the date of “Last update” will appear on top of this agreement page. Please make sure that you read and understand all such changes. Please note: To obtain the right to use an Image(s) as permitted by this Terms and Conditions agreement, you must download that Image(s) as part of your agreement. 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. Your failure to comply with the terms hereof might result in the immediate termination of your account.  
 
Please note: If your account was active prior to the changes in these TAC, your use of Images will be controlled by the TAC in effect at the time you purchased your Image(s). Any User Account that commences after the revision date hereof will be controlled by these TAC.  
PART I

  1. All Images on the “Images of Sri Lanka” website are protected by Sri Lankan and international copyright laws and treaties. “Images of Sri Lanka” and/or the various artists who provide content and/or Images to “Images of Sri Lanka” ("Submitters") own all rights, including the copyrights in and to the Images. “Images of Sri Lanka” and/or its Submitters reserve 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 “Images of Sri Lanka” for your use of the Images. If you fail to make any payment to “Images of Sri Lanka” when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and “Images of Sri Lanka”'s costs of collection, bank charges and credit card processing fees are received by “Images of Sri Lanka” no later than fifteen (15) days from the date that your account became delinquent.  

  2. By this Agreement, “Images of Sri Lanka” 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; 

    b) Incorporated into design or project templates and/or software, provided that the Image or any digital files containing the Image cannot be unincorporated from the template or 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 without regard to the size of the intended audience; 

    d) In product packaging, CD or DVD cover art, magazines, newspapers, books, eBooks, multi seat license electronic textbooks, book covers, textbooks, editorials without regard to the size of the manufacturing or print run of such items;  

    e) Incorporated in online and paper greeting cards provided that such cards combine text and Images; 

    f) Incorporated in merchandise for resale or distribution, including without limitation, clothing, artwork, magnets, posters that combine words and an Image or Images, calendars, mugs and mousepads; 

    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, 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 decoration in an office, restaurant, public area, home, or store owned or rented by you or by a client for whom you render design services; and 

    j) In coordination with opt-in email marketing only. Images cannot be used in connection with unsolicited email - or linked from unsolicited email. 

    k) 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 “Images of Sri Lanka” or its Submitter, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

    All other rights in the Images are expressly reserved by “Images of Sri Lanka” for itself and its Submitters.

  1. Credits and Copyright Attributions shall be accorded as follows:

    a) Though “Images of Sri Lanka” requires the following credit attributions and copyright notices, “Images of Sri Lanka” can waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that “Images of Sri Lanka” grant you a waiver of such requirements, please contact “Images of Sri Lanka” Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from “Images of Sri Lanka” to you.

      b) You shall accord credit and provide a copyright attribution to the copyright holder and “Images of Sri Lanka” in connection with the use of any Image in a book, magazine, e-zine or newspaper. Such credit and attribution shall be in substantially the following form.  
     
    "Image Copyright Name of Artist, 2007 
    Used under license from “Images of Sri Lanka”  

    c) Notwithstanding the foregoing, in the event that the Image is used in connection with merchandise, or a film, television broadcast, documentary or other video or multimedia project or presentation, you shall use reasonable commercial efforts to accord the photographer and “Images of Sri Lanka” a credit as provided above. However, if no other photographers are accorded credit, only “Images of Sri Lanka” shall be accorded a credit in substantially the following form: 
     
    "Image(s) used under license from “Images of Sri Lanka”. 

    d) All credits shall appear on the copyright page or in the copyright section of the work into which the Image is incorporated. If there is no copyright page or section, the notice and credit may be located anyplace on the work. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye. 

    PART II 
    RESTRICTIONS

    YOU MAY NOT:

  1. Use an Image other than as specified in PART I.  

  2. 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 postcards, mugs, t-shirts, posters, artwork and other items, this includes custom designed websites 

    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.

  3. 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) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.  

  4. 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.  

  5. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.  

  6. Use “Images of Sri Lanka” Images in a manner that competes with “Images of Sri Lanka”'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 or otherwise offering “Images of Sri Lanka” Images for sale, except as specifically provided herein.  

  7. Use any Image (in whole or in part) as a trademark, logo or an element thereof.

  8. 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. “Images of Sri Lanka” does not provide or sell such permissions.  

  9. 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.  

  10. STACkpile, download, or otherwise store Images not used within twelve (12) months of the expiration of your account.  

  11. Use automated programs, applets, bots etc., to download Images.

    PART III

  12. "Non-transferable" as used herein means that except as specifically provided in these TAC, 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.  

  1. 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 “Images of Sri Lanka” Image number as well as the date or dates on which the Images were used.  

  2. You agree that you will not share your username and password combination. Your “Images of Sri Lanka” username and password are to be used only by you. Each person that desires to access the “Images of Sri Lanka” site must have his/her own username and password and must have a User Account. You may use your User Account on ONE COMPUTER in your office or home at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.  

  3. You agree to indemnify and hold “Images of Sri Lanka”, 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 “Images of Sri Lanka” for all costs and expenses that “Images of Sri Lanka” incurs in the event that you breach any of the terms of this or any other agreement with “Images of Sri Lanka”.  

  4. Neither “Images of Sri Lanka” 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.  

  5. This contract is governed by and shall be construed in accordance with the laws of Democratic, Socialist Republic of Sri Lanka. You hereby consent to the personal jurisdiction of the state courts. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before courts. 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 effect 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.  

  6. If you are unsure of your rights under this Enhanced License agreement, or if you wish to use an Image in a manner not expressly permitted under this Enhanced License, please contact “Images of Sri Lanka” Support.  

 

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT, “IMAGES OF SRI LANKA” SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO “IMAGES OF SRI LANKA”'S OTHER RIGHTS AT LAW AND/OR EQUITY.  
 
“IMAGES OF SRI LANKA” 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.  
 
“IMAGES OF SRI LANKA” 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.  
 
“IMAGES OF SRI LANKA” DOES NOT WARRANT THAT THE IMAGE(S), “IMAGES OF SRI LANKA” 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.  
 
“IMAGES OF SRI LANKA” 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), “IMAGES OF SRI LANKA”'S BREACH OF THIS AGREEMENT OR OTHERWISE, EVEN IF “IMAGES OF SRI LANKA” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL “IMAGES OF SRI LANKA”'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 THE “IMAGES OF SRI LANKA” WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY “IMAGES OF SRI LANKA” FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).  
 
Effective May 2007
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