SINGLE USER ENHANCED LICENSE
TERMS OF SERVICE (“TOS”)
SINGLE USER ENHANCED LICENSE (“EL”)
Dear BUYOUROBOT Enhanced License Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into these TOS (“you” or “Customer”) and BUYOUROBOT.
BUYOUROBOT reserves the right to change these TOS at any time, and you agree to be bound by such changes. If and when changes are made to these TOS an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these TOS, as same may be amended from time to time, do not download or use any Images. Your failure to comply with the terms hereof could result in the immediate termination of your account.
THIS IS A SINGLE SEAT LICENSE. IT AUTHORIZES ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE IMAGES. Your BUYOUROBOT username and password are to be used only by you. Each person that desires to access the BUYOUROBOT Websites must have his/her own username and password. We reserve the right to monitor accounts and institute means to stop users from sharing their login information.
All Images on BUYOUROBOT.com are protected by Ukrainian and international copyright laws and treaties. BUYOUROBOT and Ociacia Vladislav, who provide content and/or Images to BUYOUROBOT (“Contributor”) own all rights, including the copyrights in and to the Images. BUYOUROBOT and/or its Contributor reserve all rights in and to the Images not expressly granted to you by these TOS. Your rights to use any Image are subject to these TOS and are conditioned upon you making payment to BUYOUROBOT for your use of the Images. If you fail to make any payment to BUYOUROBOT when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and BUYOUROBOT), you have the right to use the downloaded Image, subject however, to these TOS. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and BUYOUROBOT’s costs of collection, bank charges and credit card processing fees are received by BUYOUROBOT no later than fifteen (15) days from the date that your account became delinquent.
BUYOUROBOT hereby grants you a non-exclusive, non-transferable, worldwide, perpetual, right to use, modify, and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
On web sites;
In printed media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile “apps”), and opt-in e-mail marketing, provided that the Image(s) cannot be readily unincorporated from such digital media;
Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, streaming;
Incorporated into printed or digital material intended for public display, including trade show booths, point of sale materials, and so-called Out of Home advertising;
As printed reproductions solely for your own personal use, not for resale, download or distribution, including as wall art and wallpaper;
Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards, provided that such merchandise: a) combines the Image with words and/or other graphics or images; or b) the Image is not the primary factor driving the sale of such merchandise.
In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by BUYOUROBOT or its Contributor, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
All rights in the Images not expressly granted herein are reserved by BUYOUROBOT for itself and its Contributor.
YOU MAY NOT:
Use an Image other than as specified in PART I.
Use an image in a manner permitted under these Enhanced License TOS if you did not download the Image using your Enhanced License account.
Make Images available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such Image(s).
Resell, redistribute, provide access to, share or transfer any Image except as specifically provided herein. Uploading any Image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image.
Publicly display an Image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions intended to prevent the use of such Images by third parties, unless the Image is incorporated into a design with text or other content, and the overlaid or embedded text or other such content covers an area of at least 33% of the display size of the Image. Unless expressly permitted by this agreement, no other person may use Images which you have licensed hereunder.
Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized “print on demand” products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content.
Use an Image in such a manner that it infringes upon any third party’s trademark or other intellectual property rights, or would give rise to a claim of deceptive advertising or unfair competition.
Use an Image in a way that places any person depicted therein in a way that a reasonable person might find offensive – this includes, but is not limited to, the use of Images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition. BUYOUROBOT offers licenses that allow for certain “sensitive” uses prohibited by this Enhanced License. Please contact BUYOUROBOT Support for more information.
Use any Image on a social media platform or other third party website that claims to acquire rights in the Image contrary to these TOS as a result of such use. Upon BUYOUROBOT’s request, you shall immediately remove any Images from such platform or website. If you require such use, please contact BUYOUROBOT Support.
Use BUYOUROBOT Images in a manner that competes with BUYOUROBOT’s business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering BUYOUROBOT Images for sale or resale.
Withhold a credit attribution or fail to provide a copyright notice required by paragraph 34 of these TOS, except with an advance written waiver of that requirement from BUYOUROBOT in each instance. Each waiver issued by BUYOUROBOT will specify the Image number or numbers and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use.
Use an Image marked “Editorial Use Only” for commercial purposes.
Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
Falsely represent, expressly or by way of reasonable implication, that any Image was created by you or a person other than the copyright holder(s) of that Image
Stockpile or otherwise store downloaded Images that are not used within twelve (12) months of the date on which you first downloaded such Image. If you fail to use an Image within twelve (12) months from the date of your first download of that Image, you lose all rights to use that Image.
Use automated programs, applets, bots or the like to access the BUYOUROBOT.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content of the website.
BUYOUROBOT shall be under no obligation to issue refunds under any circumstances, unless required by law. In the event that BUYOUROBOT determines that you are entitled to a refund of all or part of the fees you paid, such refund shall only be made to the credit card account originally used by you to purchase your product. If your product was paid for by check, your refund will be made by check.
“Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, an Image or the right to use an Image. You may however, make a one-time transfer of Images to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any BUYOUROBOT Image(s) please notify us via email at firstname.lastname@example.org.
If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the BUYOUROBOT Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to BUYOUROBOT at BUYOUROBOT’s request.
You agree to indemnify and hold BUYOUROBOT, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by these TOS. You further agree to indemnify BUYOUROBOT for all costs and expenses that BUYOUROBOT incurs in the event that you breach any of the terms of this or any other agreement with BUYOUROBOT.
Warranties and Representations
BUYOUROBOT warrants and represents that:
Unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties’ rights of privacy or publicity;
Unaltered Images do not and will not violate any law, statute, ordinance, or regulation;
Unaltered Images are not and will not be defamatory, libelous, pornographic or obscene.
While BUYOUROBOT makes commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of BUYOUROBOT’s Editorial Images, BUYOUROBOT makes no warranties and/or representations regarding such keywords, Image descriptions or Images designated “Editorial Use Only”.
BUYOUROBOT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS PARAGRAPH.
Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with BUYOUROBOT, BUYOUROBOT shall defend, indemnify, and hold you harmless up to the “Limits of Liability” (as hereinafter defined). Such indemnification shall only apply to claims for damages directly attributable to BUYOUROBOT’s breach of the foregoing warranties and representations, together with the expenses (including reasonable attorneys’ fees), arising out of or directly connected to any actual or threatened lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of Images downloaded and used by you pursuant to these TOS violate BUYOUROBOT’s warranties contained herein. This indemnification is conditioned upon you notifying BUYOUROBOT, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., BUYOUROBOT Image Number, a copy of the Image as used, name and contact information of person and/or entity making the claim, nature and date of alleged claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to BUYOUROBOT at email@example.com. BUYOUROBOT shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with BUYOUROBOT in the defense of any such claim and shall have the right to participate in any litigation at your own expense. BUYOUROBOT shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
Notwithstanding any thing to the contrary contained herein, BUYOUROBOT shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.
These TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these TOS shall not affect the validity or enforceability of the balance hereof.
If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to BUYOUROBOT for any breaches of the terms of these TOS.
The number of Image downloads available to you is determined by the product you purchase. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as thirty (30) consecutive days beginning on and including the date that you purchase your product.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH BUYOUROBOT, BUYOUROBOT SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO BUYOUROBOT’S OTHER RIGHTS AT LAW AND/OR EQUITY. BUYOUROBOT SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
BUYOUROBOT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN PARAGRAPH 26 HEREOF, AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE. THE IMAGES, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
BUYOUROBOT GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. BUYOUROBOT Contributor UPLOAD IMAGES TO THE BUYOUROBOT WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE BUYOUROBOT TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.
BUYOUROBOT DOES NOT WARRANT THAT THE IMAGE(S), BUYOUROBOT WEBSITE, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
NEITHER BUYOUROBOT NOR EMPLOYEES MANAGERS, MEMBERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), BUYOUROBOT’S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF BUYOUROBOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL BUYOUROBOT’S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BUYOUROBOT WEBSITES AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING BUYOUROBOT, BUYOUROBOT WILL PROMPTLY FILE A COMPLAINT WITH www.ic3.gov, THE INTERNET CRIME COMPLAINT CENTER, A PARTNERSHIP BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE NATIONAL WHITE COLLAR CRIME CENTER.
Effective 01 January, 2015