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Our User License Agreement basically says this: You can download content and use it in your brochure, and you can download it and slap it on the front of a t-shirt or include it in a web template. There is actually stuff that's worth reading: skip down to the permitted uses and prohibitions sections for some pretty specific pointers on how you can and can't use CyberMutz.ComLLc DBA Kachoozie.com images. User License Agreement This Agreement governs the terms by which members and clients of CyberMutz.ComLLc DBA Kachoozie.com obtain the right to use stock photographic, illustrations and other media content provided by members of the CyberMutz.ComLLc DBA Kachoozie.com.com community through the web site located at www.kachoozie.com (the "Site"). This USER LICENSE AGREEMENT is in addition to the Terms of Use applicable to the Site and to the Member Agreement that all persons providing content to or downloading content from the Site have previously entered into. The terms of this Agreement shall govern any inconsistency between this Agreement and any other Agreements resident on the Site. Background of Agreement By affirming your agreement with the terms set forth herein, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of some other entity (i.e., other than yourself) you represent and warrant that you have full legal authority to bind your employer or such other entity. Definitions: In this Agreement: "you" means you or, if you are accepting on behalf of your employer or member account entity, then "you" means that employer or entity and affiliates; (ii) "CyberMutz.ComLLc DBA Kachoozie.com" or "we" means CyberMutz.ComLLc DBA Kachoozie.com operator of the Site; and (iii) "Content" means any photographic image, illustration, animation, Flash file, or other material that you are downloading from the Site, together with any accompanying material. This Agreement is set up as a user-determined document where you will choose to enter into either a royalty-free content license (the "Standard License") Standard License Terms CyberMutz.ComLLc DBA Kachoozie.com hereby grants to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses defined below. Any other use is not permitted unless expressly defined in the Permitted Uses list. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by CyberMutz.ComLLc DBA Kachoozie.com or the supplier of the Content, as the case may be. Permitted Standard License Uses: You may only use the Content for those advertising, promotional and other specified purposes, which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a "Permitted Derivative Work" for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on anything and sell it to others. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should contact CyberMutz.ComLLc DBA Kachoozie.com Client Relations for assistance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright. Seat Restrictions. Only the User actually downloading the image is permitted to use the Content. However, Users may transfer files containing Content or Permitted Derivative Works to their clients, printers, or ISP for the purpose of reproduction for Permitted Uses. Such recipient parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time. Users are entitled to utilize the Permitted Uses an unlimited number of times. Users may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location. If an User requires the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. Users may make one (1) copy of the Content solely for back-up purposes, and must reproduce all proprietary notices on this single back-up copy. Permitted Uses. The following are "Permitted Uses" of Content: * advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license); * entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; * on-line or electronic publications, including web pages to a maximum of 800 x 600 pixels; * use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; * use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of "on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com); * use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit; * incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file; * prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (i) above, but not for resale, license or other distribution; and * any other uses approved in writing by CyberMutz.ComLLc DBA Kachoozie.com. If there is any doubt that a proposed use is a Permitted Use, you should contact CyberMutz.ComLLc DBA Kachoozie.com Client Relations for guidance. Standard License Prohibitions Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. The following are "Prohibited Uses": * use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; * use the Content in a fashion that is considered by CyberMutz.ComLLc DBA Kachoozie.com (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; * use or display any Content that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content; * to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code; * remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content; * sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement; * install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users; * use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; * use the Content for editorial purposes without including the following credit adjacent to the Content: "© CyberMutz.ComLLc DBA Kachoozie.com/Artist's Member Name]; or Term of Agreement This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from CyberMutz.ComLLc DBA Kachoozie.com if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to CyberMutz.ComLLc DBA Kachoozie.com in writing that you have complied with these requirements. CyberMutz.ComLLc DBA Kachoozie.com reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist. Limited Representations and Warranties The Site acts as an exchange of Content between Users, whether you upload or download said Content to and from the Site. CyberMutz.ComLLc DBA Kachoozie.com grants no rights and makes no warranties regarding the use of names, people, trademarks, trade dress, patented or copyrighted designs or works of art or architecture or other forms of intellectual property represented in any Content. While we have made reasonable efforts to correctly categorize and keyword the Content, CyberMutz.ComLLc DBA Kachoozie.com does not warrant the accuracy of such information. THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CyberMutz.ComLLc DBA Kachoozie.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT CyberMutz.ComLLc DBA Kachoozie.com) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE) CyberMutz.ComLLc DBA Kachoozie.com MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction. Limitation of Warranties and Liability CyberMutz.ComLLc DBA Kachoozie.com's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content, or out of your actions in downloading the Content, shall be as follows: * You may, upon request to CyberMutz.ComLLc DBA Kachoozie.com, be permitted to download the Content again, at a location CyberMutz.ComLLc DBA Kachoozie.com will provide for you; * If you continue to be unable to download the Content, CyberMutz.ComLLc DBA Kachoozie.com will refund the fee actually paid by you for such Content, provided CyberMutz.ComLLc DBA Kachoozie.com determines in its sole and absolute discretion that you have been unable to download such Content successfully. * IN NO EVENT SHALL CyberMutz.ComLLc DBA Kachoozie.com OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. * IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF CyberMutz.ComLLc DBA Kachoozie.com UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO CyberMutz.ComLLc DBA Kachoozie.com UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE RELEVANT CONTENT. * SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnification You agree to indemnify, defend and hold CyberMutz.ComLLc DBA Kachoozie.com, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "CyberMutz.ComLLc DBA Kachoozie.com Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any CyberMutz.ComLLc DBA Kachoozie.com Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement. General Provisions You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Member Agreement and Terms of Use and any other agreements that may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them. CyberMutz.ComLLc DBA Kachoozie.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is personal to you and is not assignable by you without CyberMutz.ComLLc DBA Kachoozie.com's prior written consent. CyberMutz.ComLLc DBA Kachoozie.com may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement. This Agreement will be governed under the laws of the State of Arizona and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time. Except for disputes involving the payment of money due, all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Mesa, Arizona under the auspices of the Judicial Arbitration and Mediation Service/Endispute ("JAMS") pursuant to the JAMS rules in effect at the time arbitration is demanded ("Rules"). The arbitration will be conducted in Mesa, Arizona by a single arbitrator selected by the parties, or if they cannot agree, according to the Rules. The arbitration shall be conducted in the English language. The parties have requested that this Agreement and all related documents be drawn up in English. Contact If you have concerns relating to the Site or this Member Agreement, please contact CyberMutz.ComLLc DBA Kachoozie.com at CyberMutz.ComLLc DBA Kachoozie.com at 602-903-7808 . Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF CyberMutz.ComLLc DBA Kachoozie.com AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CyberMutz.ComLLc DBA Kachoozie.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CyberMutz.ComLLc DBA Kachoozie.com RELATING TO THE SUBJECT OF THIS AGREEMENT. Legal documents * Membership Agreements * Supplier Agreement * User Agreement * Terms of Use * Privacy Policy CyberMutz.ComLLc DBA Kachoozie.com is a growing stock photo marketplace that helps creative people buy and sell images. CyberMutz.ComLLc DBA Kachoozie.com's quality, low cost stock photos are used by designers, small businesses, marketers and DIY enthusiasts. © 2008 CyberMutz.ComLLc DBA Kachoozie.com & CyberMutz.ComLLc DBA Kachoozie.com, Inc. All rights reserved.
 
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