End User License Agreement
1. Agreement: This License Agreement constitutes the legal agreement between Raven's Aerie (the "Company") and licensee ("you”or“End User") for the license to downloads and use a copyrighted content, including Content, graphics, animations, video, audio, GIF, text, URL, links, files or any other material available via the Site (collectively "Content") from the Company's website, available at: http://www.ravensaerie.com/ (the “Site”). By downloading any of the Content, you acknowledge that you understand and accept the terms and conditions of this License Agreement and that you agree to be bound by it.
2. The End User (You) confirms that by purchasing the right to use the Content, according to this License Agreement, End User meet the following: 1. You are at least 18 years of age and have the legal competence to enter into this License Agreement.
3.You will not use the Content in any way that is explicitly restricted, or otherwise not expressly permitted by this License Agreement. 3. Information You provide to the Company is accurate and true, including without limitation all payment and billing information.
4. Except as otherwise stated in this License Agreement, any Content purchased and downloaded from the Site will only be accessed and used by you for the purposes and term stipulated in this License Agreement.
License: subject to your compliance with the terms and conditions of this License Agreement, including your payment obligations, Company hereby grants you, a non-exclusive, world-wide, fully revocable, personal, non commercial right and license to download the Content, store them locally in your personal computer and use them solely for one or more of the following purposes:
1. Personal Use – single account: means that the use is restricted to you solely for your personal – noncommercial use, including a single printing of such Content. Such Personal use includes, home or office decoration, albums, prints and personal property, personal blogs or websites, both traditional and online, provided that personal publications will not cause you or any third party publication service providers to assume or deem the ownership or rights of the Content.
2. Personal Use - Print: as stated, the License includes the right to print the Content so long as it is for your personal-non-commercial use.
3. Personal Use - Digital:means that the use includes multimedia presentations like PowerPoint, Social Media and home video or broadcasting.
4. Extended License: If you have chosen to purchase an extended license, any of the applicable licenses terms will be attached to this Standard License as Schedule A and shall be an integral part of this License Agreement.
5. Restrictions: It is hereby clarified that the rights in the Content are licensed but are not sold to you. Similar rights in the same Content may be sold to others as well and are not exclusively provided to you. Except as provided explicitly in this License Agreement, you are not permitted to copy, sub-license, transfer, sell, resell, assign, reproduce, publish or make any other use in the Content. Without derogating from the generality if the aforesaid, you are strictly restricted from doing any of the following:
1. No False Representation of Authorship and/or Ownership. You may not falsely represent that you are the original creator of a Content (in whole or any part thereof).
2. Use any Content or any content included therein in a manner that might found to be offensive, abusive, false or deceptive, including but not limited to depicting an Content or an object within an Content in one or more of the following manners: (a) together with or in connection with pornography, adult material, adult entertainment, escort services, dating services, or any similar nature of usage; (b) in connection with the advertisement or promotion of alcohol or tobacco products; (c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
3. Use any Content, content or object in a defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
4. Use Content or content which is labeled as "Editorial Use Only" for commercial purposes. 5. Use a Content or portion of which in any manner that infringes upon any third party's rights, including without limitation intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition.
6. Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
7. Falsely represent, expressly or by way of implication, that any Content was created by you or anyone which is not the creator or copyright owner.
8. Ownership and Intellectual property; Any of the Content available under this License (including any Extended License) are owned by the Company or its licensors. Any right which is not expressly provided under this License Agreement is reserved by Company and/or its licensors.
Term and Termination;
1. Termination by the Parties: This License Agreement shall be effective starting of the day of completing the purchase and until terminated by you or by the Company. You can terminate this License Agreement by stop using any of the Content, and by deleting or destroying any copies made pursuant to this License Agreement. The Company may terminate this License Agreement in any event where you found to be in violation of this License Agreement.
2. Termination by non-renewal: In cases where your periodical subscription is not renewed by you, this License Agreement will be automatically terminated. In which case, any Content which is used by you shall remain in this use but shall not be copied or otherwise be used for purposes other than permitted in this License Agreement.
3. Cancellations and Refunds: In cases where you wish to cancel a purchase and get refund for your non-used purchase, please send an email to email@example.com and provide full details of your account and purchase. Company reserves the right to request further details from you to process any request if it deems it is necessary. You will be entitled to get a refund only: (a) upon no more than 14 days from the purchase; and (b) you have never downloaded and/or copy and/or used any of the Content; Please note, you will not be entitled for a refund in case of Content download.
Representations and Warranties;
Company’s Representations; Company represents and warrants that it has the legal authorizations, rights and permissions to provide the rights provided under this License Agreement and to grant the licenses granted herein. Company will comply with applicable laws, rules and regulations with respect to the Site, the Content, and the licensees granted herein.
2. No Other Warranties; Except as provided herein, the Content or any related content are provided "as is" without representations, warranties or guarantees of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Company does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted, complete or error free.
3. Your Representations:You hereby represent and warrant that: Your download and use of any Content will be only pursuant to the license acquired by you and in compliance with any applicable laws, rules regulation and this License Agreement. You have the full right and authority to use the Content. In the event that you do not have such authority, you agree that you will be personally liable to Company for any breaches of the terms of this License Agreement.
You agree to defend, indemnify and hold harmless the Company and its licensors (including parent, subsidiaries, affiliates, and each of their respective officers, directors and employees) from all damages, liabilities and expenses (including reasonable legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this License Agreement.
Limitation of Liability:
COMPANY AND/OR ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS LICENSE AGREEMENT, EVEN IF COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES 11. General Provisions.
1. Assignment. This License Agreement is personal to you and is not assignable by you without Company’s prior written consent. Company may assign this License Agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
2. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Company or anyone on Company’s behalf, sample copies of projects or end uses that contain Content (or any other licensed content), including by providing Company with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Company may, at its discretion, either through its own employees or through a third party, audit your records directly related to this License Agreement and your use of licensed Content in order to verify compliance with the terms of this License Agreement. If any audit reveals an underpayment by you or unauthorized use of Content, then in addition to paying Company any underpaid amount, you also agree to reimburse Company for the costs of conducting the audit.
Jurisdiction and Governing Law.
This agreement will be governed by the laws of the State of US without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by the competent courts of US. Company shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Company, such action is necessary or desirable for any breach of this License Agreement
If one or more of the provisions in this License Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
No Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this License Agreement. 6. Entire Agreement. No terms of conditions of this License Agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Company and accepted by you. In the event of any inconsistency between the terms of this License Agreement and the terms contained on any purchase order sent by you, the terms of this License Agreement will apply. 7. Notice.All notices required to be sent to Company under this agreement should be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your order details