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MMA Prints LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA) By downloading any image
or material from our website, you hereby agree to the following terms and
conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between MMAPrints.com & Backfist Media LLC
(otherwise listed herein as You or Your) who creates an account for the right
to access, acquire, and use Materials from this website. MMA Prints
hereby represents that it owns all rights and copyrights to all materials on
our website, and all rights and copyrights to said website and materials shall
remain the exclusive property, right and control of and under MMA Prints and Materials
from our website will constitute and be defined as any photo, image, design, or
layout represented on the MMA Prints website. By downloading any
Materials from MMA Prints 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.
Terms of Use and Conditions as Defined Below:
A. Users Rights to Materials from MMA Prints. You agree to access,
acquire, and use our Materials as follows:
- These Terms and Conditions
constitute a legal Agreement between You and MMA Prints.
- MMA Prints.com grants You a
nonexclusive, nontransferable license 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 MMA Prints.com subject to these Terms
and Conditions in the following manner:
a. In the development and
creation of your business presence and entity.
b. As part of an offline
presentation, meaning in menus, magazines, in books, on book covers as par
of the covers design, and newspapers.
c. In the development and
creation of marketing, promotional, or advertising materials, including newsletters,
mailers, print ads, packaging, and fliers.
d. As part of office
presentation and layout for your business, in other words, for decor in an
office, lobby, retail store, or public area.
e. In a PowerPoint
presentation, however, use of our Materials in this medium must include an
explicit statement in an easily identifiable location in this presentation
noting that Some images contained in this presentation are the copyrighted
property of MMA Prints. As such, these images are being used under a
license from said entities, and may not be copied or downloaded without
explicit permission from MMA Prints.
f. As part of a design
element of a website, video, film, television broadcast, CD-Rom cover, or
video game. However, you may not, under any circumstances use the
materials from our website in a Website template or any template or design
sold individually or as part of an archive or catalog collection, or an
automated shopping system, under any circumstances. You MAY however use
our photos in client websites that are NOT distributed through an archive
or automatic system.
B. Users Restrictions on the Use of MMA Prints 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 distribute,
share, sell, or give away any of our Materials at any time for any reason
whatsoever.
- You may not distribute our
Materials electronically or in hard copy, except as specifically outlined
in the Users Rights to Materials from MMA Prints section of this
Agreement.
- You may not use any of the
Materials downloaded or obtained from our site in a Website template or
any template or design sold individually or as part of an archive or
catalog collection, or an automated shopping system, under any
circumstances. You MAY however use our photos in client websites that are
NOT distributed through an archive or automatic system.
- 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 not under any
circumstances use Materials in connection with any illegal, obscene,
immoral, or pornographic material.
C. You understand and agree that MMA Prints may, in its sole discretion:
- Monitor your download
activity from MMA Prints as often as MMA Prints determines under its sole
discretion for any reason and for any violation of this Agreement.
- Disable any account that
engages in what MMA Prints 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 MMA Prints 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 MMA Prints 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 MMA Prints,
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 MMA Prints Materials, and you must IMMEDIATELY
delete any and all Materials obtained prior to this termination, and
forfeit all fees paid.
D. You understand that Materials are copyrighted and owned by MMA Prints
only, and any unauthorized use of any of these Materials by you may be an
infringement upon said copyright.
E. MMA Prints and all Materials are made available to you AS IS, AS AVAILABLE,
and WITH ALL FAULTS. MMA Prints its employees, directors, and officers
and anyone else associated with MMA Prints makes no representation or warranty,
express or implied, including without limitation warranties of merchantability,
fitness for a particular purpose, or non-infringement. MMA Prints further
makes no representation or warranty that your usage of MMA Prints will be
uninterrupted, error free of computer viruses, or other damaging
materials. When you login to your account, and access MMA Prints, you do
so at your own risk.
F. MMA Prints, its employees, directors, and officers, or anyone else
associated with MMA Prints 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. MMA
Prints, 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 MMA Prints, and
for accessing, acquiring, and/or using Materials from MMA Prints.
G. 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 MMA Prints
is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless MMA Prints, its employees,
directors, officers, and any other entity associated with MMA Prints, 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.
I. ENTIRE 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. Any modifications to
this agreement shall be made in writing and agreed to by both parties in
writing. The parties further acknowledge that this 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.
J. You agree, attest, and reaffirm your agreement to the terms listed herein
and to conduct your transaction electronically.
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