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:
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.
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.
(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.
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.