Design Usage Agreement
Welcome to the www.tikitat.com associate
website to Maori-arts.com You are required to follow these terms
and conditions. Your use of the material in this website indicates
your acceptance of these terms and conditions.
1. Use of Image Files
As a member of Maori-arts.com the designs
are licensed to you the use of image files only as provided below
on a non exclusive and non transferable basis upon payment of
the required fees. All other rights to the image files and any
accompanying materials such as copyright are retained by maori-arts.com
You must be at least 18 years of age to use
this electronic book or website and accept this Agreement. maori-arts.com
may require any registrant sufficient proof that they are at least
18 years of age. Minors can access maori-arts.com only by having
their parent or legal guardian register on their behalf. By opening
such an account, the parent or legal guardian authorizes the minor
to use and agrees to be bound personally by the terms and conditions
of this agreement. maori-arts.com may elect at its sole discretion
to monitor any area or records pertaining to the website for compliance
with this agreement or for any other reason.
3. Intellectual Property and Privacy Laws
You acknowledge that the content available through the Website is the property of maori-arts.com or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from maori-arts.com stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from maori-arts.com or its content providers. Further, maori-arts.com makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk.
4. Prohibited Uses
You May Not:
a. print the image as a poster, postcard,
greeting card, on a mug, shirt, hat, mouse pad, art print, painting,
calendar, book, or gallery or use the image in screen savers,
e-card software, web page builders or other systems where the
image is shared or distributed to a number of users.
b. display or post images obtained from the maori-arts.com website in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save or steal the image. If more than 10 images from the website are being used, size must be no more than 150 pixels in height or width. This is to prevent image from being freely or easily re-distributed. If your image is larger than 600 pixels and is an integrated part of a product, design, template or website, this is fine.
c. use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
d. use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
e. post any file obtained from the website in a gallery format designed or intended to facilitate transfers of files via the internet by individual users.
f. resell or distribute any file obtained from the website or its associated depiction unless the image is an integrated part of the product being resold, and comprises less than 50 percent of the overall product, page layout or design. (see Permitted Uses section 5a. below)
g. reverse engineer, de compile, or disassemble
any part of a file or accompanying materials except as permitted
by law. You MAY alter the image file to suit your visual needs
however you may not use any part of an image as a trademark, service
mark, logo, or part thereof.
H. remove any copyright or trademark information from any place in the files or accompanying materials.
a. display the images from image files in any manner not prohibited by the agreement (see Section 4.) provided that you include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: "© Image from maori-arts.com".
b. modify or alter images as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, images or files taken from maori-arts.com and integrated into said derivative work are still copyrighted by maori-arts.com or the appropriate content provider. By purchasing a license to use an image file from maori-arts.com you are not purchasing copyrights to our image files in any way. If requested by maori-arts.com, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
c. in the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work product and without which the product could not be completed.
d. print a copy of the photo for your own use in any size, but you may not resell it, or redistribute it to others in any way.
Acceptable uses include but are
not limited to consumer merchandise, website designs, business
cards, other designs, website and power point templates, book
and album covers, product packaging, advertisements, newsletters,
flyers, brochures, set designs, scholastic and promotional materials,
films or videos, demonstrations, presentations, trade show sign
age and other uses where the image is not a definitive main part
of your product.
Using the image as part of your product is generally OK. Using the image or re-printing the image in a way that it really IS the main part of your product or is a main definitive part of your product is generally not OK.
Purchasing an image buys you a license to use the image in one product/project. If you are creating several products/projects you must re-purchase image for each new product:
Example 1: You write a newsletter and use a maori-arts.com image in it and you distribute 100,000 copies. If you decide to use the photo again for a different newsletter or different purpose, you must re-purchase it.
Example 2: You create a website template and sell it on your site to any number of people, using a maori-arts.com image in it. If you decide to use the image again for a different template, you must re-purchase it for each new template/product you design. You can sell as many copies of the template or product as you like, but each new separate product you design and sell requires the image to be purchased again, since the license you are buying is for use of the image file within one product.
If your image usage needs fall outside of the scope of what is permitted herein, you may be able to purchase and use the images with a Special License for your usage. Contact us here and learn more about what Special Licenses are available.
maori-arts.com reserves the right to elect at a later date to replace the Image File(s) with an alternative for any reason. Upon notice of such replacement, the license for the replaced Image File(s) terminates for any products that do not already exist, and this license automatically applies to the replacement Image File(s). You agree not to use the replaced Image File(s) for future products and to take all reasonable steps to discontinue use of the replaced Image File(s) in products that already exist.
6. No Resale or Sublicensing
You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a maori-arts.com Special Licensing agreement.
7. Assumption of Risk
You expressly agree that use of all images, files, or software distributed by maori-arts.com is at your sole risk. maori-arts.com does not warrant or guarantee that files or images on the website are free from copyright or other intellectual property concerns.
All images, files, and software distributed by maori-arts.com are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. and maori-arts.com assumes no responsibility for any actions or liabilities arising from their possession or use. maori-arts.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall maori-arts.com or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if maori-arts.com is expressly advised of the possibility of such damages. In no event shall maori-arts.com liability exceed the fees paid for the use of the files. No oral advice or written information given by maori-arts.com, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
You may not assign its right and obligations
under this agreement without obtaining the prior written consent
of maori-arts.com maori-arts.com may assign this agreement.
10. Sever ability
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
11. Legal Fees and Jurisdiction
If maori-arts.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse maori-arts.com for its legal fees.
12. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MAORI-ARTS.COM WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MAORI-ARTS.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.
maori-arts.com reserves the right, at its discretion, to revise this Agreement at anytime, and such revision shall be effective immediately upon the posting of the revised Agreement on the website. You agree to review the Agreement periodically to become aware of such revisions. Your continued use of maori-arts.com following posting of the revised Agreement on the website shall be deemed to be acceptance of all such revisions.
You agree that by using this site or images, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you and maori-arts.com) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties.