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CrossDaily.com Royalty-Free Graphics License
Salem Web Network has created a Royalty-Free Graphics
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 this site or
download or use any Graphics from CrossDaily.com.
Site Access:
You may access this site 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 Watermarked Graphics to download and use as permitted below. Full
Members may access and use Non-Watermarked Graphics as permitted by written agreement
between the Member and CrossDaily.com subject to the CrossDaily.com Royalty-Free Graphics License.
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.
Throughout the period of any paid memberships or services, you may not access the CrossDaily.com
website from any location in the United States unless you specify a United States address at time of joining and you
pay the 7% goods and services tax (GST). Violation of this provision will result in immediate termination
of all membership rights and privileges.
General Use of Graphics (defined for all members):
You may:
- Use Graphics as desktop wallpaper.
- Make one copy of the Graphics for backup purposes. Backup copies may be used only
if the original Graphic becomes defective, is destroyed or otherwise is irretrievably lost.
- Use Watermarked Graphics to evaluate whether you wish to purchase the Non-Watermarked
Graphic(s).
You may not:
- 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.
- Use a Watermarked Graphic in any final materials distributed within your organization
or any materials distributed to the public or in any online, web, multimedia or other
electronic distribution system.
- 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.
Basic Graphics Members:
You may:
- Use Graphics on one computer.
- Use Graphics as a graphic designer for composite/FPO use.
Along with the limitations listed under "General Use of Graphics,"
you may not:
- Use Graphics in any non-commercial or commercial projects.
- Distribute Graphics online, via the Web, or in multimedia and other electronic formats.
- Print Graphics in any form, except for composite/FPO use as a graphic designer.
Only Members may access and download Non-Watermarked Graphics.
Full Graphics Members:
Full Graphics Members can purchase Graphics in one of three categories. Each category has
its own freedoms and limitations, as described below:
Non-commercial Graphics Member:
You may:
- Use the Graphics on 10 computers.
- Use Graphics for online, web, multimedia and other electronic uses, with unlimited
impressions, and with the following stipulations:
- The Graphics are accessible for viewing purposes only.
- The Graphics contain no implication to your viewers that they are downloadable
from your site.
- The maximum image size is 640 x 480 pixels at 72 ppi.
- Print up to 20,000 copies of the Graphic for non-commercial use.
- Use the Graphic for editorial purposes, provided you grant attribution as follows:
CrossDaily.com, (Artist's Name).
Along with the limitations listed under "General Use of Graphics,"
you may not:
- Use the Graphics for any commercial projects.
- Use the Graphics in printed projects with over 20,000 impressions.
commercial Graphics Members:
You may:
- Use the Graphics on 20 computers.
- Use Graphics for online, web, multimedia and other electronic uses, with unlimited
impressions, and with the following stipulations:
- The Graphics are accessible for viewing purposes only.
- The Graphics contain no implication to your viewers that they are downloadable from
your site.
- The maximum image size is 640 x 480 pixels at 72 ppi.
- Print up to 20,000 copies of the Graphic for commercial use.
- Use the Graphic for editorial purposes, provided you grant attribution as follows:
CrossDaily.com, (Artist's Name).
Along with the limitations listed under "General Use of Graphics,"
you may not:
- Use the Graphics in printed projects with over 20,000 impressions.
Special Use Graphic License:
If you are in need of licensing beyond these limitations, a 'Special Use Graphic License'
can be created between you and the Artist to meet your specific requirements. For ease of
use, Special Use Graphic Licenses will be set up directly with the Artist.
Areas where the "Special Use of Graphics License" comes into effect:
- Use of Graphics in printed projects with over 20,000 impressions.
- Use of Graphics for a larger size media then the current downloadable image will allow.
- Use of Graphics where Graphic is the predominant characteristic. Examples include:
- Logos
- Service marks
- Trademarks
- Billboards
- Use of Graphics for redistribution in any form. Examples include:
- Calendars, e-cards, postcards
- T-shirts, coffee mugs, posters
- Templates
- CD-ROM galleries, online galleries, clipart books.
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
Phone: (877) 608-9835
Fax: (804) 768-9359
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.
Royalty-Free Graphics 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
Province of Ontario, 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 Province of Ontario 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 "US 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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