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Terms Of Use

License Terms and Conditions for Use
Please read this License agreement carefully before using an Artizans image or before accessing the Artizans Web site located at www.artizans.com and www.artizans.com (the "Site"). By accessing this Site or using Artizans content, you, the customer, automatically agree to the following terms and conditions:

1. Artizans Entertainment Inc. (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 Customer's print or online product, subject to the license rights granted, the terms and conditions contained herein and in consideration of the fees payable pursuant to the provisions of the Site's Product Information Pages.

2. THE CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

ARTIZANS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS 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.

IN ANY EVENT, ARTIZAN'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

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. IN SUCH JURISDICTIONS, THE LIABILITY OF ARTIZANS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3. The Customer is authorized to utilize the Artizans content in one publication only for 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.

4. 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 Customer's complete online content. The images may not be downloaded or transferred electronically on, for example, an electronic network or bulletin board.

5. The Customer may translate text into languages other than English, but may not alter the message or opinion of any content or remove the Artist's name therefrom.

6. 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.

7. 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.

8. The Customer agrees to comply with all use restrictions that may appear on a particular item of Artizans content.

9. 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.

10. This Agreement shall be governed by and interpreted under the laws of the Province of Alberta, in the Country of Canada. 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. This Agreement is binding on the Customer, the Customers' heirs, successors and assigns.

11. 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.

12. Artizans reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of this Site after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by Artizans as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Artizans Site and services.




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