ROYALTY-FREE LICENSE AGREEMENT
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Your use of this website means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this COOLCLIPS immediately, not use the files herein, and/or not subscribe to this service.
This agreement is between NEW VISION TECHNOLOGIES INC., dba COOLCLIPS ("We", "us", "our") and the person or entity whose electronic agreement is documented below ("you", "your").
BY CHECKING THE BOX NEXT TO ‘I AGREE TO THE TERMS AND CONDITIONS’ AND CLICKING THE ‘SUBMIT ORDER’ BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE LICENSED MATERIAL USAGE SPECIFICATIONS SET FORTH HEREIN.
For the purpose of this Agreement, "Image(s)" shall mean any illustration, visual representation, media, animation or other product protected by copyright, trademark, patent or other intellectual property rights, which is delivered in any format to Licensee by Licensor under the terms of this Agreement.
The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of COOLCLIPS. Use of the Images is licensed, not sold, pursuant to the terms of this Agreement. Use of the Images without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.
a. COOLCLIPS grants you a non-exclusive and non-transferable license to use the Image(s) only as provided in this Agreement.
Any COOLCLIPS content provided at this site can only be used by you, subject to the restrictions below, provided you do not violate the rights of anyone else (and in the case of any company or product name, logo and/or trademark ONLY for uses for which YOU have received approval from the company or trademark owner):
You can copy, distribute, display, and create derivative works only for non-commercial purposes and must credit CoolClips.com
The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner.
For electronic projects, you agree to provide a link to the source page URL at Coolclips.com.
Noncommercial prohibits uses that are "primarily intended for or directed toward commercial advantage or monetary compensation" regardless of the type of user or organization.
You can copy, distribute, display, and create derivative works only for non-commercial purposes.
Noncommercial prohibit uses that are "primarily intended for or directed toward commercial advantage or monetary compensation" regardless of the type of user or organization.
You may use COOLCLIPS content in your commercial and/or personal projects.
Examples of projects: Web sites, presentations, newsletters, brochures, advertisements, announcements, labels, e-greetings, logos, Web templates, vinyl cutting, routing, engraving, school projects, screen printing. In addition, if reasonably possible, for example if the project is a book or e-book, you agree to include attribution credit as follows: Image(s) copyright CoolCLIPS.com
If you need to use images in ways not allowed please contact us to see if the specific images you need are available for special licensing.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THIS AGREEMENT, COOLCLIPS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY CONTENT AT THIS SITE, INCLUDING COOLCLIPS CONTENT, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." ANY WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY COOLCLIPS. WITH RESPECT TO THE SITE AND ANY CONTENT AT THIS SITE.
COOLCLIPS DOES NOT REPRESENT ORWARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT COOLCLIPS WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL COOLCLIPS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SITE, EVEN IF COOLCLIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF COOLCLIPS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that COOLCLIPS intends to make available such products, services, or programs in your country.
COOLCLIPS PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. COOLCLIPS DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. COOLCLIPS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY COOLCLIPS OF SUCH SITES.
These Terms of Use shall be governed by and construed in accordance with the laws of Ontario Canada. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. COOLCLIPS reserves the right to terminate these Terms of Use without notice if, in COOLCLIPS sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, COOLCLIPS reserves the right to terminate this site without notice.
COOLCLIPS content and anything else at this web site are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." COOLCLIPS, its employees, directors, and officers, and anyone else associated with COOLCLIPS disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of COOLCLIPS will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. COOLCLIPS, its employees and officers, and anyone else acting on behalf of COOLCLIPS also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. COOLCLIPS, its employees, directors, and officers, and anyone acting on behalf of COOLCLIPS make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither COOLCLIPS, its employees, directors, and officers, nor anyone acting on behalf of the COOLCLIPS website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
This Agreement constitutes the entire agreement between you and COOLCLIPS regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by COOLCLIPS to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Canadian law governs this Agreement. The parties consent to jurisdiction over them in any court in Canada, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Canadian law.
The term of your subscription will continue so long as your subscription fees are timely paid. If your subscription fees are not paid, your subscription terminates. Upon termination, you have NO right or authorization to download and use anything at this website. Cannot authorize anyone else to make or use.
A download limit of 100 files/day is currently in place to prevent the abuse of our website. This limit may change at any time.
Any links are gratuitous and COOLCLIPS assumes no responsibility to you or to anyone else regarding those links.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.
DO NOT SUBSCRIBE IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS.
For questions on COOLCLIPS's Terms of Service please email support [at] CoolCLIPS.com.
You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. Any claims for adjustments must be made to COOLCLIPS within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys' fees. Refunds are governed by the terms of the individual service used. Please see Section 11 below for terms applicable to refunds in the event of cancellation.
If you wish to cancel the rights granted in this License and your invoice, the following apply:
If you licensed single Images or purchased CD(s) (opened or unopened), you may receive a full refund if you submit a completed and signed refund affidavit, and return any CD's, within fourteen (14) days of your invoice date. After fourteen (14) days, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice.
If you purchased a Subscription, you may receive a full refund within three (3) days of your invoice date, provided that you have not downloaded more than five (5) images. After three (3) days, or download of more than five (5) Images, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice. By requesting a refund, you hereby represent and warrant that: (i) you have deleted or destroyed all downloaded Images, (ii) that you have not, and will not use any Images from the subscription, and (iii) that a breach of the foregoing shall require you to immediately repay the entire subscription fee plus damages to COOLCLIPS. You are solely responsible for all shipping and handling fees with regard to a cancellation. All cancellations are final.
At COOLCLIPS, we have adopted the following policy to advise you of your choices regarding the use of your personal information online. This policy describes what types of information we gather about you, how we use it, and your rights to update or correct it. Personal information collected from this site may be stored or processed in Canada or any other country in which COOLCLIPS, or their affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of information.
This Policy applies to the COOLCLIPS site. This Policy does not apply to other web sites to which we link. You should carefully review the privacy policies of those web sites in order to determine how they treat your personal information.
We gather certain generic information with respect to customers' use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web site that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate-that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site, which, in turn, enables us to make it as appealing as possible. We may also provide statistical "ratings" about how our customers collectively use our web site to advertisers, sponsors, and other companies with which we do business ("Business Partners"). We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about you or any of our users.
We use a technology called "cookies" on our web site. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. We use cookies to make your visit to our web site easier. For example, cookies allow us to recognize you when you re-enter our web site so that you will not have to sign-in each time you visit. Cookies also allow us to count the number of unique and return visitors who use our site. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features on our web site if you choose not to accept cookies.
We use third-party advertising companies to serve our ads on the Internet. These third-party advertising companies employ cookie and Clear Gif technology (aka 1x1 Pixel .gifs, web bugs) to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our web site and other web sites. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, the IP address. This anonymous information can also be used for online preference marketing purposes. COOLCLIPS does not use or have access to this information.
From time-to-time, outside third party research companies may set cookies on your browser regarding exposure to certain ad placements. These cookies may be used later for research purposes if you later opt-in to take a survey. If you choose to take the survey, these companies may examine your browser to see if one of their cookies has been set. If the company detects the cookie in your browser, it will gather only 2 pieces of information from it: where you have seen a particular ad and how many times you have seen it. If you do not want these kinds of cookies to be set to your browser, you can opt-out by clicking here.
We collect and analyze traffic on our web site by keeping track of the IP addresses of our visitors. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating a message.
We try to personalize your experience on our web sites by tracking content you have downloaded in order to shape our recommendations about the content. We also examine customer traffic patterns and web site usage to help us enhance the design and layout of the site and make it easier to navigate. From time to time, we may send you surveys or solicit your feedback. We use surveys to gauge user interest in new products and premiums we may offer. We will ask for your feedback on site features. We may also use the information to alert you to offers and products in which you have expressed an interest.
COOLCLIPS reserves the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect your use of our web site, including without limitation any alleged violations of our Terms of Service. These communications are mandatory. You cannot opt-out of them.
If you elect to purchase a Membership on COOLCLIPS, you will be required to provide us with certain personal information, including your name, e-mail address, credit card number, expiration date, and billing address (this required information is subject to change from time to time). There will also be opportunities for you to provide us with additional information regarding your preferences and interests. This information, however, is not required and is completely optional on your part.
COOLCLIPS may also communicate with its members by mail or phone about matters relating to their renewal status, credit card information, related products or services, or any other issues relating to their COOLCLIPS membership. These communications will come directly from COOLCLIPS.
From time to time, you may be given the opportunity to order products and services directly on the COOLCLIPS site, the Newsletters, or in other communications you may receive from COOLCLIPS. These orders are typically fulfilled by COOLCLIPS's business partners directly. To process your order, COOLCLIPS may provide these partners with your name, street address, e-mail address, phone number, and credit card information. COOLCLIPS will limit the types of information shared to the minimum necessary to efficiently process your order. However, in accepting these offers, you become a customer of the business partner and therefore subject to its privacy policy. COOLCLIPS will alert users whenever a Business Partner will be fulfilling an order for products or services ordered on our site. We encourage you to review these companies' privacy policies and only do business with those who adhere to personal information practices with which you are comfortable.
We treat all of our content and communications regarding content as private correspondence between the sender and the recipient and will not disclose the contents of any content or communication of that content other than to the intended recipient, except under the specific situations outlined in Disclosure Exceptions, below.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third-parties if we are required to do so by law or we believe that such action is necessary:
Your IP address can be accessed within the header of the notification e-mail. Under certain circumstances, recipients, their legal representatives, and/or law enforcement authorities may be able to combine this with information disclosed by ISPs to determine the source of a particular communication. By using this service, you knowingly and voluntarily assume any risks associated with such disclosure.
At any time, you can change choices you have previously made as to the use of your personal information. Every communication COOLCLIPS sends you will contain a clearly worded "Opt-In" or "Subscribe" link allowing you to grant your permission for future mailings. This system is automated and must be contacted from the email address you wish to have included. Permission changes will be honored as soon as possible after receipt. Please allow five to seven days for processing.
If you are a registered member, you have the ability to review and correct your personally identifiable information at any time. Simply click on the "My Profile" link at the top of the each page. There, you can change your address information, e-mail type, sign-in, and e-mail permissions. You can revise, add, delete, or completely cancel all alerts by clicking the "Reminders" links at the top of each page.
When you place orders for purchased products or access your payment information, we use an advanced encryption technology known as Secure Socket Layer (SSL) to protect the storage and transfer of your data from unauthorized parties. While on a secure page, such as our registration form, a lock or key icon appears on the bottom of your web browser.
In addition to our online security efforts, we take steps to protect your personal data offline, as well.
All of your information, not just the sensitive information mentioned above, is restricted in our offices. Employees are granted access on a need-to-know basis (for example, our billing clerk or a customer service representative). Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers on which we store personally identifiable information are kept in a secure environment, behind a locked cage.
If you have any questions about the security at our website, you can send an email to security [at] CoolCLIPS.com
COOLCLIPS will occasionally update this Privacy Policy in response to changing business circumstances and legal developments. When COOLCLIPS posts changes to this Policy, you will see the word "updated" next to the Privacy Policy link on the front page of COOLCLIPS Sites. If there are material changes to this Policy or in how COOLCLIPS uses your personally identifiable information, COOLCLIPS will prominently post such changes prior to implementing the change. COOLCLIPS encourages you to periodically review this Policy to be informed of how we are protecting your information.
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