USE OF STANTON PHOTOGRAPH LIBRARY
TERMS AND CONDITIONS
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Stanton, Antrim, Rosecore, Crescent, Hibernia, and Cavan Asset Library (the "Service") operated by Stanton Carpet Corporation ("us", "we", or "our").
Subject to the Prohibited Uses listed below, use and access of the Service is conditioned on being an Authorized Retailer of Stanton Carpet Corporation. The Service is to be used in the promotion and advertisement of Stanton Carpet Corporation products only and may not be displayed, used, reproduced, published, altered, and manipulated, for any other reason.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Content and Permitted Use
The Service contains information, photographs, illustrations, animations, videos, footage, and other media (the “Content”). As an Authorized Retailer of Stanton Carpet Corporation, you may use the Content in the advertisement and promotion of Stanton Carpet Corporation’s products only.
All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by the Copyright Claimant of the Content. Copyright and other intellectual property not owned by Stanton Carpet Corporation are subject to the terms and conditions of use set forth by the original Copyright Claimant.
As an Authorized Retailer, you agree to use the Content in accordance to the Terms set forth by Stanton Carpet Corporation and any other supplier of the Content, as the case may be.
2. Prohibited Uses
This section outlines a number of prohibited uses of the Content. None of the prohibited uses listed in this section shall be interpreted as prohibiting use of the Content as authorized in Section 1 above, or prohibit use of the Content for the purpose of advertisement, sale and promotion of Stanton Carpet Corporation’s products. You may not use the Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates unless also specifically advertising or promoting Stanton Carpet Corporation’s products.
You may not 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 (eg. products in which Content is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as zazzle.com and cafepress.com).
You may not use the Content in connection with any goods or services intended for resale or distribution where the primary value lies in the Content itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit; use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo. You may not 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.
You may not use the Content in a fashion that is considered by Stanton Carpet Corporation (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.
If any Content featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Content that indicates that: (i) the Content is being used for illustrative purposes only; and (ii) any person depicted in the Content, if any, is a model, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself.
To the extent that source code is contained within the Content, you may not reverse engineer, decompile, or disassemble any part of such source code.
You may not remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content. You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content to any third party without Stanton Carpet Corporation’s prior written authorization.
You may not 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.
You may not use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement.
You may not either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times in physical (hard-copy) prints.
3. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Stanton Carpet Corporation.
Stanton Carpet Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Stanton Carpet Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of New York, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 (change this) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
7. Contact Us
If you have any questions about these Terms, please contact us.
Stanton Carpet Corporation
1. License to Use
Photographer grants Stanton the perpetual, non-exclusive, non-transferable and non-assignable license to use the Photograph for the purpose of marketing, promoting, publicizing, or archiving its business as described above, including but not limited to websites, paper advertisements, posters, newsletters, and television and radio commercials.
Credit/Acknowledgment of the Photographer’s name and website URL must be given when the Photograph is displayed, published, or otherwise distributed to a third party in connection with the promotion of Stanton’s business described above either with a picture credit, caption, watermark, or a link/acknowledgment in the publication or distribution of the Photograph.
3. Alteration of Image
Stanton is allowed to crop and/or electronically alter the image to suits its purposes for the usage stated above, including, but not limited to altering the floor in the Photograph so that it can be altered based on user input.
4. Warranties and Liability
a. Photographer acknowledges that it owns all copyright to the Photograph.
b. Photographer retains all rights not expressly granted.
c. Stanton acknowledges that, as against Photographer, it shall not acquire any rights in the Photograph as a result of its use hereunder.
d. Stanton agrees not to challenge Photographer’s right, title or interest in the Photograph, or registrations therefor, or otherwise interfere with Photographer's use thereof.
e. The Photograph is provided "as is" with no warranty regarding the suitability of the Photograph for any purpose. The Photographer is not liable to Stanton or any person or entity for damages, costs or losses stemming from any usage of this Photograph.
a. Stanton indemnifies and holds harmless Photographer against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the Photograph, or its failure to abide by any restriction regarding the use of the Photograph, or any claim by a third party related to the use of the Photograph.
b. In the event that ownership of the Photograph is contested in any manner, Photographer indemnifies and holds harmless Stanton against all claims, liability, damages, costs and expenses stemming from ownership of the Photograph.
6. Termination of License
This Agreement may be terminated by either party by providing 30 days written notice to the other party.
7. Modification and Enforcement
No modification shall be enforceable except in writing and signed by the parties hereto. This agreement shall be governed by the laws of the state of New York. In the event any dispute arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be brought within the state or federal courts of New York.
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable.
9. Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.