This is a legal contract between you and EraDetectors.com. By downloading Content from our website, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or do not agree with these terms then do not download the Content.
The Content is provided under the terms of the following license agreement ("Agreement") that states what you may and may not do with the Content and contains limitations on warranties and remedies.
This Agreement governs your use of EraDetectors.com Content (namely, the photographic image, illustration, or other material that you are downloading from the EraDetectors website in conjunction with you entering into this Agreement with EraDetectors) ("Content").
We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by EraDetectors.
You may:(a) install the Content in only one location; you may physically transfer the Content and its archives from one location to another, however it may only be used in one location at a time;
(b) make one (1) copy of the Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;
(c) use the Content in the following applications:
(i) advertising and promotional projects, including printed materials, packaging, presentations, film and video presentations, commercials, books and book covers, greeting cards and postcards;
(ii) online or electronic publications, including web pages to a maximum of 640 x 480 pixels @ 72 dpi;
(iii) prints (i.e. a hardcopy) and reproductions for personal use.
You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:
(a) use the Content in design template applications for resale, including, without limitation, website templates, flash templates, and brochure design templates;
(b) display the Content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites as well as sites such as CafePress (i.e. www.cafepress.com));
(c) use the Content in any posters (printed on paper, canvas or other mediums) or other items for resale;
(d) use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
(e) incorporate the Content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);
(f) use the Content in a fashion that is considered by EraDetectors.com (acting reasonably) as pornographic, obscene, defamatory or libelous in nature;
(g) use any image in the Content that depicts a person to endorse a business, product or service;
(h) use any image in the Content that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime;
(i) to the extent that source code is contained within the Content or accompanying materials (if applicable), reverse engineer, decompile, or disassemble any part of such source code;
(j) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
(k) sub-license, re-sell, rent, lend, or otherwise distribute the Content;
(l) post a copy of the Content on a network server or web server for use by other users; or
(m) transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.
This Agreement is effective until it is terminated. EraDetectors.com reserves the right to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason.
THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, 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.
IN NO EVENT SHALL ERADETECTORS.COM 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 ERADETECTORS 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 ERADETECTORS UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE RELEVANT CONTENT.
You agree to indemnify, defend and hold EraDetectors 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 EraDetectors 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.
EraDetectors’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.
If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ERADETECTORS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATION BETWEEN YOU AND ERADETECTORS.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.