Digital End User License Agreement for Images & Digital Content used in PixelRockstar WordPress Plugin-In

This Agreement is between Idenio GmbH, owner and operator of PixelRockstar.com and related WordPress Plug-Ins or services (hereafter also known as ‘PixelRockstar’, ‘we’ or ‘us’) and the user (‘You’ or ‘User’) who downloads images (defined as available photos and other downloadable content) (hereafter also known as ‘Image’ or ‘Content’) from services mentioned above.

You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from us You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.

By this Agreement, we grant you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein:

A. YOU MAY, subject to any restrictions set out below:

1. You may use the Images on Websites. Notwithstanding anything to the contrary contained in this Agreement, with respect to using and displaying the Images on websites, you must take all reasonable actions to prevent website visitors from downloading or reusing the Work.
2. You may post the Images on a Social Media Site (defined below). You may post or upload the Images (and modifications thereof) directly onto Social Media Sites, provided that the terms of use governing the Social Media Site do not include any provision which would claim to grant any exclusive rights or ownership in respect of such Image or modified Image to anyone. “Social Media Site” means a website or application which has a primary focus on facilitating social interaction among its users and allowing users to share content in connection with such social interaction.

B. YOU MAY NOT

1. Create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
2. Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
3. Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason. Uploading any Image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image.
4. Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity.
5. Use any Image(s) except as expressly permitted by this License.
6. You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
7. You agree not to use or display any Image on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork and other items.
8. You agree not to create a digital or print greeting card line based on the Images – or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale including paper greeting cards, magnets, etc., provided that you do not produce more than 500 copies of any single item that bears one or more Images and further provided that such items combine text with any Images. Promotional uses must comply, in all respects, with the restrictions set forth in this agreement. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights – contact us for further details.

C. TERM:

This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

D. WARRANTY:

Idenio GmbH. warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) the Image/s (excluding any User modifications), will not infringe on any copyright or moral right, trademark or other intellectual property right and will not violate any right of privacy.

E. INDEMNIFICATION:

(i) Provided Licensed Material is only used in accordance with this Agreement and that Idenio GmbH. shall be informed of any impending action and have sole control of the defence of any such claim or action and all negotiations for its settlement or compromise (so long as it does not require You to admit liability or infringement alleged) and that You cooperate fully with Idenio GmbH. in its defence of the claim, Idenio GmbH shall, subject to the terms of Section 7 (i), defend, indemnify and hold harmless You the User and its parent, subsidiaries and its respective officers, directors and employees from damages, liabilities and expenses, arising out of or connected with any actual lawsuit or legal proceeding alleging that Idenio GmbH. is in breach of its warranties set forth in Section D above. The total maximum aggregate liability of Idenio GmbH. under this Agreement and any other agreement with Idenio GmbH.; regardless of the file size, or the use of any Image/s in any manner, shall be limited to an aggregate of ten thousand ($10,000) US dollars. Idenio GmbH’s liability to you in respect of the content shall not exceed ten thousand ($10,000) US dollars.

(ii) EXCEPT FOR THE EXPRESS WARRANTY STATED IN Section 6 ABOVE, THE IMAGES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.

(iii) You shall defend, indemnify and hold harmless Idenio GmbH. and its respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs), arising out of or as a result of claims by third parties relating to Your use of any Image/s outside the terms of this Agreement or any other actual or alleged breach by User of this Agreement.

F. GENERAL:

This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of England and Wales,

Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.