1. Artizans Syndicate (hereinafter referred to as Artizans) grants
to you (hereinafter referred to as the Customer) the personal,
nontransferable, nonexclusive license, for a one-time use of Artizans
content in the Customers print or online product, subject to
the terms and conditions contained herein and in consideration
of the fees payable pursuant to the provisions of the Product
Information Pages.
2. Artizans shall in no event be liable to loss or damage arising
to the Customer or any party by reason of the publication or dissemination
of the Artizans content by the Customer. Pornographic, defamatory,
or libelous use of the images is prohibited. Furthermore, Artizans
shall in no event be liable for loss or damage to the Customer
by reason of non-delivery, delay or interruption in delivery of
the Artizans content. The Customer is authorized to utilize the
Artizans content in one publication only of each item purchased.
In the event that the Customer wishes to further distribute the
Artizans content by reprinting, broadcasting, cable television,
videotext, teletext or other means, either separately or in conjunction
with other material from their publication, they must first obtain
the written consent of Artizans and pay the applicable fees in
that regard. The Customer agrees to publish with each piece of
Artizans content, any credit line and any trademark or copyright
notice or both that is included with such content.
3. The Artizans content that is used by the Customer may not be
rented or sold to or through redistributors on a daily or archival
basis, either on a piecemeal basis or as part of the Customers
complete online content. The images may not be downloaded or transferred
electronically on, for example, an electronic network or bulletin
board.
4. The customer agrees not to use any content in connection with
the alcohol or tobacco trades without prior consent from Artizans.
Artizans shall have the right to restrict or withhold any content,
and shall have the right to immediately revoke the license granted
herein.
5. The Customer hereby certifies and warrants that the circulation,
use, and type of publication information provided by the Customer
at the time of purchase is true in all respects. In the event
it is determined that the said purchasing information provided
by the Customer is incorrect then, the Customer agrees to pay
the adjusted fee based on the correct information. Furthermore,
Artizans shall have the option to levy against the Customer a
Fee Adjustment Cost not to exceed $10,000.00 U.S.
6. The Customer agrees to comply with all use restrictions that
may appear on a particular item of Artizans content.
7. In the event Artizans must take any steps to enforce these Terms
and Conditions for Use, then the Customer agrees to pay all the
costs of enforcement including legal fees on a full indemnity
basis.
8. This agreement shall be governed by and interpreted under the
laws of the Province of Alberta, in the Country of Canada. This
agreement is binding on the Customer, the Customers' heirs, successors
and assigns.
9. This Agreement contains the entire understanding of the parties
concerning Artizans' material. It supersedes and cancels all prior
understandings, representations and negotiations between the parties.
This Agreement may only be amended by a document signed by both
parties.
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