This is a Legal Agreement between
Urbi et Orbi de Comunicación S.L. (hereafter, "UEOC") and/or Photo-key.com
(hereafter, "Photo-key.com, We or Us") and the subscriber who establishes a
username and password for the right to access, acquire, and use files, photos, images, videos,
text, music or software, and data accompanying the software (hereafter, the "Content")
from this website (hereafter, "You or Your"). Please read this Agreement carefully.
Downloading or using any image you agree to be bound by the terms and
conditions of this agreement. If you do not agree and have not exercised
the rights granted under this agreement, you must not download or use any
of the images.
This Agreement constitutes
the entire agreement between You and Photo-key.com. Should any provision
of this Agreement be held
to be void or invalid, that fact will not affect any other provision,
and the remainder of this Agreement will be construed to most
closely give effect to the parties' intentions. Failure by
Photo-key.com to enforce any provision of this Agreement will
not be considered a renounce of future enforcement of that or any other
provision. Spanish law governs this Agreement.
You understand and
agree that Photo-key.com may execute the following actions:
- Limit downloads to
a fixed amount of total downloads per day per user (currently 50)
as to insure the best possible service level to all Photo-key.com
subscribers.
- Track all users who
download more than 50 photos per day, as such activity indicates
potential User Agreements violations or abuse of an account.
- Monitor anything you
download from the Photo-key.com website.
- Terminate your account
immediately if it's suspected that you are using, or are trying to use
any improper or abusive way to download content.
Photo-Key.com also
manages special case-by-case agreements for multiple users as user corporate licenses,
licensing and sublicensing of its products, as well as volume discounts.
If you need more information, please send us an email
to ueoc[at]ueoc.es.
YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND ACCEPTED THE FOLLOWING POINTS:
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Rights
Photo-key.com represents that
it owns all rights or has all requisite authority, including all
copyrights, in and to the Content, or, is authorized to allow You
to access, acquire, and use Content under the Terms and Conditions
of this Agreement. The copyright and all other rights of the Image(s)
shall remain with Photo-key.com or Photo-key.com suppliers.
NOTE: CONTENT IS NOT SOLD; ITS USE IS LICENSED TO YOU.
The rights hereby granted to you means
that any work that you produce using the Content must be for
your own use, or for the use of your direct employer, client or customer, who
must be the end-user of your work.
Nothing you produce shall grant
or intend to grant to any third party a right to use or reproduce the Content.
You hereby agree to take all commercially reasonable steps to prevent third
parties from duplicating or distributing the Content.
You understand that
Content is copyrighted and may be owned by a third party, and
any unauthorized use by you may be a violation of such copyright.
Authorized uses
You MAY,
according to the Terms and Conditions of this Agreement, use the Content
in the following situations:
- As part of marketing,
advertising, or promotional materials.
- For producing materials
for your business or company, (business card, letterhead,
PowerPoint presentations).
-
On a own website, video game, or CD-ROM as a design element.
- In an office,
or public area, as a decoration.
- In video, film, or
television broadcasts, as a design element.
- In magazines, newspapers,
book covers, or interiors of books, as a design element.
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Unauthorized uses
You may NOT:
- Use Content in connection with
any pornographic, obscene, immoral, or illegal materials, under any circumstances.
- Distribute the Content,
electronically or in hard copy, except as specified in the Authorized Use.
- Authorize any third
party to use the Content for any purpose or resell, sublicense,
or otherwise make available the Content for use or distribution
separately or detached from a product or Web page.
- Share Content across
a network, on a CD, or in any other way.
- Use automated or programmatic
way or methods to download Content.
- Use Content in any
logo or part of any trademark.
- Use Content in connection
with any Web site template or software product for distribution
or use by others. Use in a Web site template requires a separate
license and fee, and you may obtain information about such
a license from ueoc[at]ueoc.es.
- Use Content in any
downloadable format intended for multiple distribution including,
without limitation, Web site templates, software products,
e-greetings, etc. You may obtain information about such a license from
ueoc[at]ueoc.es.
Indemnity
You agree to fully
hold and indemnify Photo-key.com, its employees, directors,
officers, licensors and anyone else associated with Photo-key.com
against any damages, claims, liabilities, costs, losses,
or expenses, including lawyers' fees and expenses, of any kind
arising from any use of the Content other than
the uses specifically permitted by this Agreement.
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Warranty
Photo-key.com and
the Content are made available to you "AS IS," "AS AVAILABLE,"
and "WITH ALL FAULTS."
Photo-key.com, its directors,
officers, employees, partners, licensors, agents and anyone
else associated with Photo-key.com disclaims,
to the fullest extent permitted by law, any and all warranties,
express or implied, including without limitation warranties of
merchantability, fitness for a particular purpose, no infringement,
or that your usage of Photo-key.com will be uninterrupted, error
free of computer viruses or other damaging materials. When you
access and acquire Content, you do so at your risk.
Photo-key.com,
its directors, officers, employees, partners, licensors, agents
and anyone else acting on behalf of
Photo-key.com also disclaims any and all common-law duties, including
without limitation duties of reasonable care and workmanlike effort.
Photo-key.com, its directors,
officers, employees, partners, licensors, agents and anyone
acting on behalf of Photo-key.com make no representation or warranty
as to your right to use any individual's name, likeness, and/or
image appearing in the Content without first obtaining appropriate
rights from such individual.
You understand and acknowledge that
neither Photo-key.com, its directors, officers, employees, partners, licensors,
agents nor anyone acting on behalf of the Photo-key.com website has made
any representation or warranty that Your use of Content will not
infringe or violate the trademark rights of any third party, or
constitute a false designation of origin or any other form of
unfair competition.
You understand that You should seek
competent counsel before using Content in connection with
any goods or services or for any other commercial purposes.
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Limitation of liability
Neither Photo-key.com
nor its directors, officers, employees, partners, licensors, agents or anyone
else associated with Photo-key.com will be liable for any indirect,
punitive, incidental, economic, or consequential damages including
but not limited to loss of revenue or profits, arising out of
the use, or inability to use, the Content, even if Photo-key.com
has been advised of the possibility of such damages.
In any event,
the limit of liability of Photo-key.com or related
parties will never exceed the fee paid by you for accessing or using Photo-key.com
and for accessing, acquiring, and/or using Content from Photo-key.com.
Other legal information
This Agreement shall be governed by and construed in accordance
with the laws of Spain, and all disputes arising under the present shall be submitted
to the jurisdiction of the Courts and Tribunals of the city of Barcelona,
Spain.