TERMS AND CONDITIONS OF USE -- ART RESOURCE INC. WEBSITE
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (INDIVIDUALLY AND ON BEHALF OF THE COMPANY ON WHOSE BEHALF YOU ARE ACCESSING THE ART RESOURCE DIGITAL LIBRARY) AND ART RESOURCE INC, (hereafter "ART RESOURCE"). PLEASE READ THESE TERMS CAREFULLY BEFORE LOGGING IN TO THE ART RESOURCE DIGITAL LIBRARY (THE "WEBSITE"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE ANY CONTENTS OF THE ART RESOURCE DIGITAL LIBRARY. BY CLICKING ON THE BUTTON MARKED "SUBMIT" AND LOGGING IN TO the Art Resource Digital Library, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
OWNERSHIP OF THIS WEBSITE
You acknowledge that the Website and its contents are owned and operated by Art Resource. All elements of the Website and all rights therein, including but not limited to the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property.
LIMITED PERMITTED USAGE:
Comp Use: ART RESOURCE grants you a personal, nontransferable, non-exclusive right solely to copy the images appearing on the Website that you have selected onto your computer hard drive and to use the image and any permitted derivative works or copies (collectively, the "Image") on one computer and with one user at a time. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ("Comps") solely for use as in-house presentations, storyboards, or rough draft designs for yourself or your clients.
This limited license will terminate immediately, with or without notice from Art Resource, if you fail to comply with any provisions of this Agreement. Upon termination, you agree to destroy any copy of the Images in your possession.
Additional Use: Any additional use of the Images is subject to the rights selected and indicated by the Permissions Department of ART RESOURCE. ART RESOURCE’s Invoice will set forth the details of the order and conditions of use.
Unless otherwise agreed in writing by Art Resource, use of any Image is limited to one year from date of invoice, and no rights are conveyed until such Art Resource invoice is paid in full.
To obtain rights for any additional uses of the Images you must contact the Permissions Department at ART RESOURCE, 536 Broadway (5th floor), New York, NY 10012, U.S.A., telephone: (212) 505-8700, fax: (212) 505-2053, email: email@example.com.
RESTRICTIONS AS TO USE
You agree to make no use of the Images other than the limited uses permitted by this Agreement. Further, you agree not to sell, sublicense, re-license, rent, or lease any Images, or any material derived from the Images, either in whole or in part, or to otherwise make any advertising or commercial use of the Images, or any material derived from the Images, except as expressly agreed in writing by Art Resource. Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
(a) Archive, republish or transmit any of the Images on any database without ART RESOURCE's prior written consent.
(b) Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than as permitted hereunder, without the prior written consent of ART RESOURCE.
(c) Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with ART RESOURCE in any manner.
(d) Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
(e) Use the Images in any manner that would discredit or disparage Art Resource or the Owner of the Images.
You agree to indemnify and hold ART RESOURCE, and the Owner of the Images, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.
DIGITAL FILES ARE PROVIDED "AS IS." EXCEPT AS MAY OTHERWISE BE PROVIDED IN AN ART RESOURCE INVOICE OR OTHER APPLICABLE WRITTEN LICENSE FROM ART RESOURCE, ART RESOURCE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.
Without limiting the foregoing, ART RESOURCE gives no warranties with respect to the use of names, trademark, logotypes, copyrighted designs or copyrighted works of art depicted in any Image, and any additional rights, consents or permission as may be required must be cleared by the user.
ART RESOURCE makes no representation or warranties that the use of the website will be uninterrupted or error free.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ART RESOURCE OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF ART RESOURCE AND THE OWNER OF THE IMAGE SHALL BE THE FEE PAID BY YOU FOR USE OF THE IMAGE.
ACCESS TO THE ART RESOURCE DIGITAL LIBRARY
ART RESOURCE may change, suspend or discontinue any aspect of the Art Resource Digital Library at any time, without notice or liability. ART RESOURCE may also impose limits on certain features and services or restrict your access to parts or all of the Art Resource Digital Library at any time, without notice or liability.
PROTECTION OF IMAGES
Other than Comp Use permitted hereunder, Images may not be used in any way, until an invoice issued by Art Resource indicating User's right to use same is paid in full. Unless otherwise specifically stated in a written agreement with Art Resource, Images remain the property of ART RESOURCE. Use is granted in North America only, unless otherwise specified. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made therefrom other than as specified herein. Full credit and copyright information included with the Images must remain with the Image file.
All rights not specifically granted herein to you are reserved for ART RESOURCE's use and disposition without any limitations whatsoever.
RETENTION OF DIGITAL FILES:
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. ART RESOURCE's copyright information and Image identification number must be retained with the digital files while you retain them.
Images used editorially should bear a credit line as indicated by ART RESOURCE.
DISPUTES OR CLAIMS
Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, New York, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If you are an agent for or an employee of a non-U.S. company that operates in a place of business in the United States or its territories or in Canada, you expressly agree that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.
If ART RESOURCE is caused to present claims or suit as a result of any breach
of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by you.
This agreement is not assignable or transferable by you.
This contract contains all the terms of the agreement between us (ART RESOURCE and you) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. You confirm that you have the right to enter into this Agreement on behalf of yourself and any company on whose behalf you are accessing the Art Resource Digital Library. The terms of this Agreement and the terms of any subsequent invoice supersede any and all terms of any purchase order submitted by you.