CrossDaily.com Graphic of the Week Limited License

Salem Web Network has created a Graphics Limited License in order to demonstrate our commitment to anti-piracy. CrossDaily.com is owned by Salem Web Network and its affiliates, owners, employees, and contributing artists shall be collectively referred to herein as "CrossDaily.com."

This license is a binding license between you and CrossDaily.com. If you are entering into this license on your employer's behalf, this license applies both to you and to your employer. The following terms and conditions apply to your access and use of all Graphics from the CrossDaily.com site. CrossDaily.com reserves the right to change this license from time to time at its sole discretion. Your use of the site will be subject to the most current version of this license posted on the site at the time of such use. By using this site and/or downloading any Graphics, you agree to be bound by this license. If you do not wish to be bound by this license, do not use or download or use any of the Graphic of the Week graphics from CrossDaily.com.

Graphic of the Week Access:

You may access the Graphic of the Week as a "Basic Graphics Member" or, having paid for membership, authorized as a "Full Graphics Member." Both Basic Graphics Members and Full Graphics Members may access, download and use the Graphic of the Week as permitted below.

You agree to provide true and accurate information when registering as a Basic Graphics Member or Full Graphics Member. You are responsible for maintaining the confidentiality of your account number and/or password. Do not distribute access information or allow others to use your access information to use this site as a Basic Graphics Member or Full Graphics Member. You agree to take reasonable steps to prevent others from obtaining your access information and to notify CrossDaily.com of any unauthorized access or need to update or remove access for any of your employees. You shall be liable for payment for all Graphics downloaded by others, with or without your permission or knowledge prior to the time that you notify CrossDaily.com of any unauthorized use.

General Use for the Graphic of the Week:

You may:

Use the Graphic of the Week as desktop wallpaper.
Use the Graphic of the Week in multimedia presentations, such as PowerPoint® etc.
Use the Graphic of the Week for ONLY a ONE MONTH period from the time of download, then the Graphic of the Week must deleted.
Use the Graphic of the Week to evaluate whether you wish to purchase the Non-Watermarked Graphic(s).

*The Graphic of the Week is allowed for NON-COMMERCIAL use ONLY.
**The Graphic of the Week is NOT for COMMERCIAL use.

You may not:

Use the Graphic of the Week for any Commercial use.
Remove any copyright or watermark contained in the Graphics.
Redistribute or resell the Graphics, or modified versions of the Graphics including, but not restricted to, portions of the Graphics incorporated into other graphics, as another graphics library or as another type of product which is similar to, or competes with, this product, including online, web, multimedia or other electronic systems.
Modify, alter, or remove any visible or electronic Watermark, or disassemble, reverse engineer, or decompile any Watermarked Graphics.
Rent, lease, time-share or sub-license the Graphics.
Make Graphics available for use or distribution separately or detached from a product or web page. For example, Graphics may be used as part of a web page design, but may not be made available for downloading or re-use by website users.
Use any Graphics in any product where the Graphic(s) are the predominant characteristic or value of the product (for example, calendars, e-cards, postcards, t-shirts, etc.).
Use Graphics, or any part thereof, as a logo, trademark or service mark, is not permitted.
If a Graphic featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement that indicates that the person is a model and is used for illustrative purposes only.
Transfer Graphics in any electronic software package or application as part of a template including those which are web-based, including but not limited to, website templates, presentation templates, electronic greeting card templates or any other electronic or printed template.
Create obscene or scandalous works, as defined by the Federal Government, using the Graphics or any modification of the Graphics.
Use the Graphics in printed projects with over 10,000 impressions.

*The Graphic of the Week is allowed for NON-COMMERCIAL use ONLY.
**The Graphic of the Week is NOT for COMMERCIAL use.

Warranty:

CrossDaily.com warrants the Graphics to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the Graphics.

CROSSDAILY.COM MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states and provinces do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state, and province to province. NEITHER CROSSDAILY.COM NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.

Notification of Copyright Infringement:

CrossDaily.com may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the CrossDaily.com site, send the CrossDaily.com copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted Graphic or Graphics that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the CrossDaily.com site; (iv) information sufficient to permit CrossDaily.com to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

CrossDaily.com copyright agent for notice of claims of copyright infringement can be reached as follows:

CrossDaily.com
111 Virginia Street
Suite 500
Richmond, VA 23219
USA

Email: support@crossdaily.com

Any dispute regarding this license shall be governed by the laws of the State of Virginia, notwithstanding any conflicts of laws, as amended, and you agree to accept the exclusive jurisdiction of the state and federal courts located in the State of Virginia.

This license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this license as well as any other documents relating hereto, including notices has been and shall be written in the English language. In any dispute between CrossDaily.com and you, CrossDaily.com shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from the other party.

Indemnification:

You will indemnify and defend CrossDaily.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this license, (2) your failure to abide by any restriction regarding the use of a Graphic, or (3) any claim by a third party related to the use of this site or any Graphics, alone or in combination with any other material.

Termination of License:

Any license granted by CrossDaily.com will terminate immediately, without notice from CrossDaily.com, if you fail to comply with any provision of this license or with the CrossDaily.com Standard Terms and Conditions.
If a license is terminated, you must immediately (i) stop using this site and the Graphics, (ii) delete all Graphics and all copies from all media, as well as destroying all other copies. Your use of this site and any Graphics shall comply with all applicable law, including without limitation, laws relating to moral rights.
CrossDaily.com may restrict or remove the use of any Graphic for any reason, and may replace the Graphic with another Graphic.

Graphics Limited License Transfer:

However, this license and the license to use the Graphics may be transferred to another person or legal entity if the following conditions are met: you, or your employer if you are licensing on behalf of your employer, (i) transfer the Graphics without keeping or storing any copy, (ii) do not utilize any Graphics in the future in any manner, (iii) transfer this physical license to the transferee, and (iv) the transferee agrees to be bound by the terms hereof. The license contained in this license will terminate automatically without notice from CrossDaily.com if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (i) stop using the Graphics, (ii) return the Graphics and all copies of all of them to CrossDaily.com, and (iii) delete any Graphics and all copies of all of them from all media and destroy all other copies or, upon request of CrossDaily.com. Use of the Graphics must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. CrossDaily.com reserves the right to discontinue the use of any Graphics for any reason and to elect to replace the Graphics with alternate Graphics. Upon notice of any discontinuance of a license for any particular Graphics, you, and your employer and your client if applicable, agree not to use such Graphics in the future. This license will be governed in all respects by the laws of the State of Virginia, The United States without reference to its laws relating to conflicts of law. Venue for all disputes arising under this license shall lie exclusively in the Courts of the State of Virginia and each party agrees not to contest the personal jurisdiction of these courts.

Notwithstanding the foregoing, CrossDaily.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-United States court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of CrossDaily.com, such action is necessary or desirable. The Graphics are "Restricted Graphics" and, when provided to or for, or used on behalf of, The United States, its agencies and/or instrumentalities (the "United States Government"), are provided with "Restricted Rights." Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under the United States copyright laws and this license.

General:

This site could include technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Graphics may include historically and culturally important subject matter and text that reflects the social attitudes and circumstances of a particular time or location. You should be aware that your search might display results containing content that may seem to differ from its context. You are solely responsible for determining whether your use of a Graphic or any related information is appropriate for your intended use and complies with any applicable law or custom.

You acknowledge that you have read this license and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire license between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications.

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