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Terms Of Use
This site is owned and operated by ArtQuests.net. Your use of this website and any materials available herein identifies that you agree to the following terms of use (hereinafter referred to Terms of Use). If you do not agree to these terms then you should leave this website (hereinafter referred to as Site), not use any of the materials available herein, and/or not subscribe to this service.
COPYRIGHTED MATERIALS
- "Materials on ArtQuests.net shall constitute and be defined as any files, images, animations, photographs, or text available on ArtQuests.net.
- All Materials downloaded from ArtQuests.net is licensed to you by ArtQuests.net and or contributing photographers. Downloading these Materials does not transfer any title from these Materials to you, or any intellectual property rights therein to you.
- You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Materials from ArtQuests.net except for your use, pursuant to the End User Licensing Agreement (hereinafter referred to EULA).
- The design and layout, as well as all Materials provided on the Site, or of any other website owned, operated, licensed, or controlled by or associated with ArtQuests.net, is protected by the United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.
LIMITATION OF WARRANTY
Except as provided in the EULA agreement on this site, ArtQuests.net makes no representation or warranty with respect to any product or the related documentation and to the extent permitted under applicable law the site is delivered "as is." The warranty stated herein is expressly in lieu of all other warranties, express or implied, including but not limited to any express or implied warranty of accuracy, correctness, reliability, merchantability, fitness for a particular purpose, and non-infringement, and such warranty constitutes the only warranty made by ArtQuests.net with respect to the site, content and materials. ArtQuests.net does not warrant that the content or functions contained in the site will be free from errors, interruptions, omissions, defects, viruses, or other damaging elements, or that ArtQuests.net will correct any errors, omissions or defects.
You assume the cost of service, repairs or corrections to your hardware, software or other equipment. In no event will ArtQuests.net or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use the site or materials, even if ArtQuests.net has been advised of the possibility of such damages. In no event will liability of ArtQuests.net or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors exceed the amount paid by you, if any, for accessing or using this site, or purchasing or downloading products from this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
END USER LICENSING AGREEMENT (EULA)
By downloading any image or material from our website, you hereby agree to the following end user licensing terms.
This agreement is made by and between ArtQuests.net (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. By downloading any Materials from ArtQuests.net you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
A. Users Rights to Materials from ArtQuests.net. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and ArtQuests.net.
- ArtQuests.net grants you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable right to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
- You may access, acquire, and use the materials downloaded from ArtQuests.net subject to these Terms and Conditions in the following manner, and such rights are granted worldwide and perpetual:
- For use as decoration in place of residence;
- As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the covers design, and newspapers;
- In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and flyers;
- As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area;
- As part of products (including for-sale products) or publications (electronic or print);
- As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game;
- As part of broadcasts or theatrical exhibitions;
- For personal, non-commercial, non-editorial, test, or sample use.
B. Users Restrictions on the Use of ArtQuests.net Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
- You may not sell or give away any of our Materials at any time for any reason.
- You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
- You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
- You may use the Materials as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
- You may not use the Materials in any defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
- You may not incorporate the Materials into a logo, trademark or service mark.
- You may not post the Materials online in a downloadable format.
C. You understand and agree that ArtQuests.net may, in its sole discretion:
- Monitor your download activity from ArtQuests.net as often as ArtQuests.net determines under its sole discretion for any reason and for any violation of this Agreement.
- Disable any account that engages in what ArtQuests.net determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour period, per user, as ArtQuests.net sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
- Investigate any abuse of your username and password in connection with the ArtQuests.net website or in connection with this Agreement.
- Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on ArtQuests.net, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to ArtQuests.net Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. MATERIAL WARRANTY. ArtQuests.net and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS. ArtQuests.net its employees, directors, and officers and anyone else associated with ArtQuests.net makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. ArtQuests.net further makes no representation or warranty that your usage of ArtQuests.net will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access ArtQuests.net, you do so at your own risk.
E. LIMITATION OF DAMAGES. ArtQuests.net, its employees, directors, and officers, or anyone else associated with ArtQuests.net shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. ArtQuests.net, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using ArtQuests.net, and for accessing, acquiring, and/or using Materials from ArtQuests.net.
F. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to ArtQuests.net is accurate and true, including without limitation all credit card information
G. USE OF MATERIALS. You agree to fully, indemnify, and hold harmless ArtQuests.net, its employees, directors, officers, and any other entity associated with ArtQuests.net, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
H. ENTIRE EULA AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. The parties further acknowledge that this EULA agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
I. AGREEMENT. You agree, attest, and reaffirm your agreement of the EULA and to conduct your transaction electronically.
AFFILIATE PHOTOGRAPHER AGREEMENT
As the acting party (hereinafter referred to as "Affiliate") submitting files, images, animations, or photographs (hereinafter referred to as "Material") to ArtQuests.net (hereinafter referred to as "Site"), maintained by the Travel-Prints Partnership (hereinafter referred to as "Company"), you agree to the terms and conditions (hereinafter referred to as "Terms") set forth below.
A. General Conditions
The Affiliate hereby agrees not to:
- upload, post, email or otherwise transmit or communicate any Material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
- to upload, post, email or otherwise transmit or communicate any Material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Company;
- to harm minors in any way, including, but not limited to, Material that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted to the Site;
- to upload, post, email or otherwise transmit any Material which is likely to cause harm to the Companys or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or cause defect, error, malfunction or corruption of the Companys Site;
- submit Material for any commercial purpose other than to permit the Company to sell to anyone who accesses and uses the Site subject to the terms defined in the End User Licensing Agreement (EULA);
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
The Affiliate further agrees not to:
- interfere with or disrupt (or attempt to interfere with or disrupt) the Companys Site and affiliated servers or networks, or to disobey any requirements, procedures, policies or regulations of networks connected to the Companys Site;
- provide any information to the Company that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
- resell any digital Material (or a portion thereof) provided by the Companys Site.
B. Copyright Of Your Images
- The Company does not claim ownership rights to any digital Material submitted to the Company by the Affiliate. Submission of Material by the Affiliate is for the purpose of enabling the Company to display your images through the Companys Site and fulfilling any orders associated with that Material. You grant the Company a non-exclusive, royalty-free license to use, copy, distribute (including as part of subscription rewards at the Company's discretion), and display those images.
C. Privacy
- We have a firm commitment to safeguarding your privacy. Please review the Companys Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
D. Display of Material
- The Company reserves the right to display the Affiliates Material on the Site at the Companys sole discretion, without giving you notice, which includes but without limitation the selection, placement, size, color, layout, insertion of watermarks to prevent illegal copying and selling of your Material by other users, and sorting of your images on the Companys Site. The Company will not charge the Affiliate any listing fees for Material chosen for display on the Site.
E. Compensation
- The Affiliate will earn fifty-percent (50%) commission, less any processing fees set forth by the Company's chosen payment vendor, Paypal.com, based on current Material price each time their Material, in any quantity, is individually sold on the Site. The Affiliate has the right to set the Material price, subject to Company approval. If the Material price is not defined by the Affiliate, the Company will set the Material price to an amount predefined by the Company.
- The Company will distribute commission payments in US Dollars (USD) to the Affiliate upon accruing a twenty-five dollar ($25.00) unpaid balance or greater. Provided the minimum unpaid commission balance has been reached, payments will be made to the Affiliate no later than 10 days following the end of each monthly period, with monthly period end dates coinciding with the calendar year. Payments shall be made through the Companys chosen payment vendor, Paypal.com. The Affiliate agrees to provide Paypal.com all information, financial or otherwise, necessary to accept commission payments from the Company. The Affiliate hereby acknowledges and agrees that the Company may change their chosen payment vendor at any time for any reason.
- In the event of termination of the Company, the Company agrees to pay the Affiliate unpaid commissions since the most recent commissions payment made. Delivery of payment will adhere to the monthly schedule as defined above.
F. Termination
- The Affiliate, without cause, may opt out of the Companys listing service by providing written notice to info@artquests.net. Within 48 hours, the Company will remove all of the Affiliates Material stored on the Site.
- At any time, the Company has the right to remove all data, files, or other information that is stored on behalf of the Affiliate on the Companys Site without cause or written notice to the Affiliate.
G. Other Terms
- Each of the Terms are severable and distinct from one another and if at any Term should become invalid, illegal, or unenforceable, the validity, legality, or enforceability of the other Terms shall not in any way be affected or impaired.
- Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
- The Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information or products on the Company's Site; and 2) any warranties of merchantability for a particular purpose.
- These Terms supersede all previous representations, agreements or understandings made between the Affiliate and the Company.
- The parties acknowledge and agree that this Agreement is governed by the laws of the State of North Carolina without resort to conflict of law principles.
H. Revisions to Terms
- The Affiliate acknowledges and agrees that Company shall have the right to modify these Terms from time to time as it deems necessary. It shall be the Affiliate's duty to review from time to time these Terms as made available by Companys Site to keep abreast of any revisions.
I. Affiliate Photographer Agreement Acceptance
- Submission of Material by the Affiliate constitutes acceptance of these Terms and Conditions and Affiliate Photographer Agreement.
ACCEPTANCE OF AGREEMENT
These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. ArtQuests.net reserves the right to modify or terminate these Terms of Use without notice at the Company's sole discretion. If you fail to comply with any term of these Terms of Use the Company reserves the right to terminate this agreement. Upon termination, you must destroy all Materials obtained from this Site. In addition, ArtQuests.net reserves the right to terminate this Site without notice.
ArtQuests.net is the best place to buy and sell high-resolution, royalty-free and Rights-Managed stock images. Contributing stock photographers retain copyright ownership of images posted at ArtQuests.net. Site design © 2007 ArtQuests.net. All Rights Reserved.
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