Christian Digital Images and www.christiandigitalimages.com are
owned and operated as a division of Gecko Collections Ltd, Brighton,
Ontario, Canada.
The following are the terms and conditions upon which Christian
Digital Images (hereinafter called CDI) will licence to you (in
this document, you will be referred to as "you" or the "Client")
certain usage rights for items purchased from CDI, pursuant to the
terms and conditions of this End User Licence Agreement (EULA or
Licence). Items purchased from CDI may be entirely tangible, tangible
with digital content and/or entirely digital format and will be
hereinafter referred to as "MEDIA". PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY. BY COMPLETING YOUR ORDER FROM CDI BY MAKING
PAYMENT THROUGH THE APPROVED PAYMENT METHOD, YOU IMMEDIATELY BECOME
BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE.
1. CDI grants to the Client a limited non-exclusive, non-transferable
Licence to the client for the purchased MEDIA as follows. This Licence
is conditional upon the Client paying all applicable licence fees
and respecting the terms hereof.
2. OWNERSHIP AND LIMITS TO USE
The MEDIA shall remain at all times the sole and exclusive property
of CDI. In order to protect the rights of CDI, the Client undertakes
to comply with the following:
(a) The Client shall not sell, sub-licence, loan or otherwise transfer
all or part of the MEDIA or any interest therein to or for the benefit
of a third party;
(b) The Client may modify and distribute the MEDIA as part of a
product and/or service, as long as the MEDIA does not comprise a
large portion of the overall content of the product and/or service
and except as otherwise provided below;
(c) The Client may print the MEDIA in a publication as editorial
content as long as the MEDIA does not comprise a large portion of
the overall content of the publication;
(d) The Client may use the MEDIA as part of a website design as
long as the MEDIA does not comprise a large portion of the overall
content of the website;
(e) The Client shall not reproduce the MEDIA, distribute, transmit
or provide access to the MEDIA to or for the benefit of a third
party as a method of circumventing payment of the applicable licence
fee;
(f) The Client shall not use or display the MEDIA as part of a digital
archive and/or reference source;
(g) The Client shall not use the MEDIA to create obscene, offensive
or illegal products and/or services;
(h) The Client shall not remove, alter or obliterate any copyright
notices found in the MEDIA;
(i) The Client shall ensure that its personnel, including any consultants,
comply with all of the terms and conditions of this Licence and
shall be liable for any breaches thereof.
3. LIMITATION OF LIABILITY
THE MEDIA ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY
STIPULATED HEREIN, CDI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS
WHICH MAY BE OBTAINED THROUGH THE USE OF THE MEDIA. CDI EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. CDI SHALL IN NO EVENT BE LIABLE
TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF
BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL
LIABILITY OF CDI SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED
BY CDI HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES
ARE OR WERE FORESEEABLE.
4. LIMITED WARRANTY ON MEDIA
CDI warrants that its MEDIA will be free from defects of material
and workmanship under normal use for thirty (30) days from the date
of delivery, as evidenced by a copy of your receipt. CDI will either
replace the MEDIA or refund the purchase price, at its sole discretion.
If CDI determines the MEDIA has been misused or modified while in
your possession, this warranty will not apply
5 NON TRANSFERABILITY
Neither this Licence nor any rights or licences granted hereunder
may be assigned, transferred, delegated, sub-licenced or time shared
without the prior written consent of CDI. Any such assignment, transfer,
delegation, sub-licence or time sharing in breach of this undertaking
is void and results in the immediate termination of this Licence.
6. TERMINATION
CDI shall have the right to terminate this Licence immediately without
notice in the event that:
a) the Client breaches any of the terms and conditions of this Licence;
or
b) the Client files a petition in bankruptcy or for the appointment
of a receiver, or if an involuntary petition in bankruptcy is filed
against the Client and said petition is not discharged within thirty
(30) days, or if the Client becomes insolvent or makes a general
assignment for the benefit of its creditors, or if the business
or property of the Client comes into the possession of its creditors
or of a governmental agency or of a receiver. The Client undertakes
in the event of termination of this Licence to immediately cease
any and all use of the MEDIA, to deliver up to CDI the MEDIA and
to destroy any copies made.
7. ENTIRE LICENCE
All prior proposals, understandings, and/or agreements between the
parties that relate to the subject matter of this Licence are hereby
superseded and merged into this Licence. This Licence may not be
modified or altered except in writing.
8. GOVERNING LAW
This Licence, its construction, performance, scope, validity and
effects are governed and shall be construed in accordance with the
laws applicable and in force in the province of Ontario, Canada.
9. VENUE
The parties agree, for any claim or judicial proceedings for whatever
reason relating to this Licence, to designate and hereby designate
the courts of the judicial jurisdiction of Ontario, Canada , as
the appropriate venue for the hearing of any such claims or judicial
proceedings, to the exclusion of any other courts, judicial district
or jurisdiction that may have the right to hear such dispute.
10. LANGUAGE
The parties hereby confirm that they each require that this Licence
and all documents and notices in connection therewith be drawn up
in English.
By submitting your order, you acknowledge having read this licence
and agree to be bound thereby.
Content Copyright
© Christian Digital Images. All rights
reserved.
