Terms and Conditions of Use
Terms and Conditions of Use
THIS IS AN EXTENSIVE DOCUMENT WITH MANY IMPORTANT PROVISIONS THAT AFFECT YOUR USAGE RIGHTS AND OBLIGATIONS. BY CHECKING THE AGREEMENT TO TERMS BOX AND ACCESSING OR USING THIS SITE IN ANY WAY, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT; WE ENCOURAGE YOU TO READ THE DOCUMENT CAREFULLY AND IN ITS ENTIRETY. IF YOU DO NOT AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE.
This Agreement governs your membership and use of the dankosmayer.com website (the "Website"), including, but not limited to, the downloading of non-watermarked photographs, illustrations, vectors, video, or other visual or graphic work from the dankosmayer.com website, access to web blogs and forums, and any other services offered by Dan Kosmayer ("DAN KOSMAYER") or Kozzi Inc ("KOZZI") on or through the dankosmayer.com or kozzi.com websites (collectively the "Content").
DAN KOSMAYER shall have the right, at its discretion, to change or modify all or any part of this Agreement from time to time, and any such changes shall take effect immediately upon notice published on the Website. Your continued use or access to the Website constitutes your knowledge and acceptance of the current version of the Agreement.
This Agreement shall remain in effect in perpetuity unless terminated by either dankosmayer or Member. Dan Kosmayer reserves the right to terminate this Agreement and revoke any license at any time for any reason. Member may terminate this Agreement at any time by providing written notification to Dan Kosmayer. Dan Kosmayer shall retain the right at its sole desertion, and without notification, to deny access to the Member's portion of the Website and Member's ability to download Content. Upon notice of termination of the license for any Content, Member shall immediately cease using such Content, derivative works, and/or related materials, and delete/destroy Content from any medium, including but not limited to any computer system and storage (electronic or physical) in his or her possession or control, including but not limited to, its clients, customers, agents, and affiliates.
Usages of the Website are available only to persons of sufficient legal age to enter into legally binding obligations under applicable law. Except under the supervision of an adult parent or legal guardian, services on the Website are not available to minors (defined as persons under the age of eighteen); such parent or legal guardian shall be responsible for all uses of the Website. If the usage of the Website is on behalf of an entity, you hereby represent and warrant that you have the authority to bind such entity to this Agreement. Should you not have the authority to bind this Agreement, you agree that you will be personally liable to dankosmayer for any breaches of terms of the Agreement.
You agree and acknowledge that only you shall use the Website email address and password, and you will not share your Website email address and password with any third party without the express written permission of Dan Kosmayer. Any person that desires to access the Website must obtain his or her own email address and password.
You agree and acknowledge that access to the membership portion of the Website using your unique email address and password is evidence that you (Member) have accessed the membership portion of the Website and, as such, are responsible for each and every access. Dan Kosmayer does have the ability to enforce minimum password rules and reset your password; it does not, however, have the ability to retrieve lost passwords.
YOU AGREE AND ACKNOWLEDGE THAT DANKOSMAYER SHALL HAVE NO RESPONSIBILITY FOR MATERIAL OR CONTENT FROM THIRD-PARTY WEBSITES ACCESSED THROUGH HYPERLINKS FROM DANKOSMAYER WEBSITE, AND DANKOSMAYER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. THE INCLUSION OF ANY HYPERLINK DOES NOT IMPLY ANY FORM OF AFFILIATION, ADOPTION, OR ENDORSEMENT BY DANKOSMAYER. YOU FURTHER AGREE AND ACKNOWLEDGE THAT DANKOSMAYER SHALL HAVE NO RESPONSIBILITY FOR ANY MATERIAL OR CONTENT ON THIRD-PARTY WEBSITES FROM WHICH YOU MAY BE HYPERLINKED OR OTHERWISE DIRECTED TO THE WEBSITE.
You agree that you shall not use the Website in any unlawful manner or is not permitted by the Agreement.
You agree and acknowledge that communicating via the Website in any manner, including forums, blogs, chat rooms, or other exchanges, is public and not private communications. As such, you further agree that Dan Kosmayer endorses no communication of a third party, and no communication of a third party may be considered reviewed, screened, or approved by Dan Kosmayer. If you upload or post any communication or material to the Website using your unique email address and password, you remain solely responsible for such communications, materials, or Content.
You agree that when communicating via the Website, including any forums, blogs, chat rooms, or other exchanges, you shall not engage in any activity that is libelous or slanderous, or otherwise defamatory, obscene, or indecent. You further agree not to advertise or offer to sell any goods or services via the Website or use any communications or Content obtained via the Website in a manner that is competitive with Dan Kosmayer's business.
You further agree that you will not use the Website in any manner that could impair the operation or damage the Website, or interfere with any other Member's use of the Website, including but not limited to uploading or otherwise transferring files that contain viruses or programs that may damage and/or overburden the Website. You also agree not to attempt to gain unauthorized access to any Dan Kosmayer Member account, computer system, or networks associated with the Website or obtain or attempt to obtain any information not provided through the Website.
dankosmayer reserves the right, at its sole discretion, to accept or deny, delete, move or edit any communication, Content, or other material uploaded or posted to the Website without any prior notice.
USAGE OF CONTENT
You acknowledge and agree that DAN KOSMAYER retains all ownership rights in and to the Content and that all Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the terms of usage.
DAN KOSMAYER grants you a personal, non-exclusive, non-transferable, worldwide right to use and reproduce Content from the Website in accordance with the terms and conditions of this Agreement and subject to the restrictions or limitations set forth herein. For clarity, Dan Kosmayer retains all copyright and other intellectual property rights relating to the Content, and you may not under any circumstance use the Content in products for license, redistribution, and Content resale.
YOU MAY USE CONTENT:
• On websites and eBooks without any restriction on display resolution.
• In multimedia presentations and integrated into film and video for television and/or Internet broadcast.
• As screensavers and wallpaper for computers, mobile phones, and tablets for personal, non-commercial use, not for distribution and/or sale to third parties.
• Integrated into software as a splash screen or background.
• In printed material (for use in promoting the sale of other products) such as catalogs, brochures, flyers, posters, banners, popups, and panel displays.
• In CD and DVD cover artwork.
• As part of artwork incorporated into product packaging.
• As part of editorial or advertising copy in pamphlets, newsletters, magazines, books, book covers, and textbooks
• In promotional greeting cards or promotional postcards not intended for distribution and/or sale to third parties.
• As hardcopy reproductions (prints, posters, greeting cards, banners, popup, and panel displays) for personal use such as a home, office, or any public display, and not intended for distribution and/or sale to third parties.
YOU MAY NOT:
• Use Content in any manner other than specified in PERMITTED USES.
• Sell, sub-license, rent, lend, share, assign, gift, or otherwise transfer or distribute the Content or any modified Content as stand-alone files or as part of an online database or any other database, peer-to-peer network, or similar file sharing arrangement, or any derivative product containing the Content in such way that would allow a third party to download, extract or access the Content as a stand-alone file; or the rights granted under this Agreement.
• Use Content on any website or in connection with any service designed to sell or induce sales of "print on demand" products.
• Use Content in any manner that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of Content and the rights of any person who, or any person whose property, appears in Content.
• Use Content in any manner that places any person depicted in Content in a bad light which includes, but is not limited to, uses of Content in pornography, tobacco ads, adult entertainment establishments and for an escort or similar services, or any instance that is unlawful, obscene, immoral, infringing, defamatory or libelous.
• Use Content in any manner that would reasonably imply that the creator of Content, or the person or property appearing in the Content, endorses any political, economic, or other opinion-based groups, organizations, movements, clubs, or parties.
• Use Content in any unsolicited email, either directly included in the body of the email or linked from another location on the Internet.
• Use Content, in part or whole, as a trademark, service mark, or logo.
• Use any Image on a social media platform or another third-party website that claims to acquire rights in the Image contrary to these terms as a result of such use. Upon Dan Kosmayer's request, you shall immediately remove any Images from such a platform or Website.
• Use Content marked "Editorial Use Only" for any commercial, promotional, endorsement, advertising, or merchandising purpose. Images designated as "Editorial Use Only" may be subject to additional copyrights, property rights, or trademarks and may require additional permissions/consent of a third party, which Dan Kosmayer does not provide or make any claims or warranties that it owns or licenses any of the mentioned.
• Represent falsely or imply that any Image was created by you or a person other than the copyright holder(s) of that Image.
The use of Content that is not a permitted use as specified in the Agreement shall constitute an infringement of copyright.
INDEMNIFICATION AND WARRANTY, AND LIABILITY
You agree to indemnify, defend, and hold harmless DAN KOSMAYER, its subsidiaries, officers, employees, shareholders, directors, affiliates, agents, and suppliers against all claims, liability, damages, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of or related to a breach of this Agreement, and your use or the inability to use Website or any Content, including, without limitation, any claims or actions based on your failure to abide by any restriction regarding the use of Content, infringement or violation of intellectual property rights, or any claim by a third party related to the use of Content.
THE WWW.DANKOSMAYER.COM WEBSITE AND THE CONTENT (IMAGES, VECTORS, AND VIDEOS) ARE PROVIDED "AS IS. " YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE; WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, OR THE ACCURACY OF ANY INFORMATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAN KOSMAYER GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO NON-INFRINGEMENT OF COPYRIGHT, THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY CONTENT OR OTHER MATERIAL, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ALL NECESSARY RIGHTS, PERMISSIONS, AND/OR CONSENT THAT MAY BE REQUIRED FOR THE USE OF ANY IMAGES ARE OBTAINED. YOU FURTHER AGREE AND UNDERSTAND THAT YOU SHOULD SEEK AND OBTAIN COMPETENT LEGAL COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY COMMERCIAL GOODS AND/OR SERVICE PURPOSES.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to any conflict of laws principles. By accessing the Website, you acknowledge and agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in a court of competent subject matter jurisdiction in the Province of Ontario and the federal courts of Canada, and you and Dan Kosmayer each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of the forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement. You agree that service of process in any actions, controversies, and disputes arising from or relating to this Agreement may be affected by you by mailing a copy thereof by registered mail or overnight courier with proof of delivery notice, postage prepaid, addressed to the address or contact information provided by you at the time you are granted access to the membership sections of Website or such other addresses as provided by you in writing to use; however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.
If any term or provision of this Agreement is invalid or unenforceable, all other terms and provisions shall remain enforceable and in full effect.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine, and neutral genders shall include each other.
The headings contained in this Agreement are for convenience of reference only and shall not affect in any manner the meaning and/or interpretation of this Agreement.
If Dan Kosmayer exercises its right to defend and/or enforce any of its rights, you agree to reimburse dankosmayer for its legal fees, costs, and disbursements if Dan Kosmayer is successful.