THIS IS A BINDING LEGAL AGREEMENT BETWEEN Susan M. McAnany (grapebyte.com) AND YOU, OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY IMAGES. BY BREAKING THE DISC PACKAGING SEAL, OR DOWNLOADING AN IMAGE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
GRANT OF RIGHTS
grapebyte.com grants you (or your employer) a personal, non-transferable, non-exclusive right to transfer an image, or collection of images on your personal computer. Images may be shared by creating an Image library so long as no more than 15 specific individuals.
PERMITTED USES
The Images may be used in perpetuity on a worldwide basis in personal or commercial uses in: advertising, promotional materials, and/or packaging; broadcast or theatrical exhibition; online or electronic distribution including web design; for electronic or print publication; for personal noncommercial use including test, sample, comp or layout.
Images may be incorporated in products offered for sale where the image is a significant part of the product (such as T-shirts, book covers, non-disposable packaging, coffee mugs, posters, greeting cards etc.) You will need to purchase a rights managed license to incorporate an image into these types of products.
PROHIBITED USES
You may not use the Images in any manner that is not expressly permitted in this agreement. All rights not expressly granted by this agreement are retained by Susan M. McAnany.
Images may not be incorporated into a derivative artwork for which a claim of new copyright may be sought or obtained. Images may not be incorporated in a product for the purpose of redistributing, sublicensing or re-selling the image, and the Images themselves may not be re-sold, licensed, or rented.
You shall not: make any use of an image in whole or in part that is not expressly provided for in this Agreement;
Use, or allow anyone else to use any image, in whole or in part, for or in association with any pornographic purposes, or in any manner which is or could be considered to be libelous or defamatory, or that in any way is or could be potentially unflattering or controversial for the model in the image. If any product featuring a model is used in a manner that would lead a reasonable person to believe that the model personally endorses or uses a product or service, or if the depiction of the model is used in connection with "Sensitive Issue" subjects, including, but not limited to subjects such as contraception, sexual or implied sexual activity, sexual preferences, dating services, chat lines, substance abuse, physical or mental abuse, violence, poverty, homelessness, dysfunctional family matters, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailment or disability or serious physical or mental disease or any diagnostic test for same, you must include a statement which indicates that the person(s) depicted is a model and is being used for illustrative purposes only.
Use of an image in any products for sale or license where the primary value resides in the Product itself, including retail t-shirts, posters, calendars and postcards. If you would like to use an image for such purposes, please contact info@grapebyte.com to purchase a rights managed license
Use an image as a logo, trademark or service mark
Use of an image in any template or application, whether online or not, with the purpose of creating multiple impressions of a Product, including but not limited to: website design templates, presentation templates, electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter. If you would like to use an Image a for such purposes, please contact info@grapebyte.com to purchase a rights managed license.
Use, make available for use, transfer, license, sell or otherwise distribute an Image in such a manner that a person can extract or access the Image as an electronic file, including posting a image online in a downloadable format, posting an image on any electronic bulletin board or using an image in electronic greeting cards. For clarity You may, use an image as part of a web page design provided the image cannot be downloaded separately.
GENERAL
All rights in and title to the Images and software involved in the distribution of the Images are owned by Susan M. McAnany (grapebyte.com) and its licensors and are protected by copyright and other laws. No title to or intellectual property rights in the Images are transferred to you. All rights not expressly granted are reserved. The Images may not be transferred by you without the prior written consent of Susan M. McAnany (grapebyte.com). This license will terminate automatically without notice from grapebyte.com if you fail to pay in full for an image or breach any of its provisions. For purposes of this license, the singular includes the plural and vice-versa. This agreement may not be modified except in writing, duly signed by Susan M. McAnany. This agreement will be governed in all respects by the laws of the State of Florida, and venue for all disputes arising under this agreement, or your use of the Images, shall lie exclusively in the Superior or Federal Courts of the State of Florida.
LIMITED WARRANTY AND LIMITATIONS OF LIABILITY
grapebyte warrants the Images to be free from defects in material and workmanship for 7 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Image(s) at grapebyte's option. grapebyte MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER grapebyte, ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR OR ANY THIRD PARTY USE OF THE IMAGES. IF grapebyte SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTYS USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF grapebyte SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE IMAGE. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND grapebyte IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.
TRADEMARKS
All trademarks are the property of their respective owners. grapebyte is a registered trademark held by Susan M. McAnany.
PRIVACY POLICY
Susan M. Mcanany (grapebyte.com), it's affiliates and subsidiaries respects the privacy and the integrity of any information that you provide us as a user of this web site. Under the Personal Information Protection and Electronic Documents Act, 2000 c.5. (the "Privacy Act") we have created the following Privacy Policy.
APPLICATION OF THIS POLICY
grapebyte.com is connected by "hyperlinks" to other websites. We are not responsible in any way for the privacy practices on other websites and suggest that you review the privacy policies on those linked websites before using them.
COLLECTION OF INFORMATION
Personally identifiable information or personal information is defined as information that identifies you, as an individual, and includes your name, home address, home telephone number, and e-mail address.
We only collect personally identifiable information about you after you have specifically and knowingly provided such information to us. By voluntarily providing this information to us at various points when using our Site, including, sending us a comment or suggestion, entering a chatroom or bulletin board, you will be consenting to the collection and use of your personal information by us for that online activity. You are under no obligation to provide us with this information, unless purchasing or downloading free images, and can access all areas of the web site without providing any personal information.
THE PURPOSE OF OUR COLLECTING INFORMATION FROM YOU
If you participate in an online activity, your personal information will only be used for the purposes of that online activity, unless you otherwise provide us with your consent. For example, we will collect and use personal information for the following purposes:
To protect buyer (you) and seller (Susan M. McAnany) from fraud.
To respond to your questions, or comments you send to us.
To keep aggregate information on web site use.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We will not sell or rent your personal information to any other party. We may disclose your personal information in the circumstances set out below.
We may be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority.
We may disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information.
NON PERSONAL INFORMATION
In addition, we collect non-personally identifiable information, which is information that does not identify you personally, but becomes available to us as a result of your visit to our web site. This information includes; your IP address, a number automatically assigned your computer when you visit our web site; your Internet Service Provider; and your Web Browser.
One way we use this non-personal information is as a diagnostic and administrative tool for identifying system problems and administering the web site. We use cookies on this web site. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of our web site. If you do not want cookies to be used, you should access the features of your web browser for the procedure to disable cookies.
These statistics and reports will contain only aggregated and no personally identifiable information.
SAFEGUARDS WE HAVE IN PLACE
We employ reasonable managerial and technical measures to ensure that your information is secure. For example, all personally identifiable information is maintained off site on a non-descript secondary server.
CHILDREN
Minors in the country, province or state in which they live, can only use this web site with the approval of a parent or guardian.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this policy without notice.
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