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TERMS OF USE
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COPYRIGHT MATERIAL
Copyright and Licensing Information COPYRIGHT MATERIAL
The computer software ("Software"), images ("Images"), printed materials ("Index") video clips (“Videos”), sound clips (“Sounds”) and other files available through our site, or our CDs/DVDs (collectively called the "Data") are proprietary and copyrighted. This copyright is protected under U.S.A. and International copyright law. All of the Data is owned by South Florida Media Solutions or its licensors. No title to or intellectual property rights to the Data are transferred to you. South Florida Media Solutions retains all rights not expressly granted by this License Agreement.
SITE USAGE AGREEMENT
By using this site and/or downloading any material, you agree to be bound by this Agreement.
This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the Gasson.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.
USE OF THIS SITE
This site is owned and operated by South Florida Media Solutions. All Data and related informational materials in any medium provided by South Florida Media Solutions hereunder, including related text, captions, or information (collectively referred to as Images) are owned by South Florida Media Solutions a division of Gaspa Group Inc. All Data is protected by US and international copyright laws.
This site contains both images that depict a visible watermark (Watermarked Images) and images that do not contain a visible watermark (Non-Watermarked Images). South Florida Media Solutions allows you to search for, view, and use Watermarked Images only as permitted below. South Florida Media Solutions reserves the right to revoke your authorization to view, download and use the Data and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from South Florida Media Solutions. All rights not specifically granted under this Agreement are reserved to South Florida Media Solutions. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Data, or related information.
South Florida Media Solutions may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Data, delete all Data and all copies from all media and destroy all other copies. Your use of this site and any Data shall comply with all applicable law. South Florida Media Solutions may restrict or remove your access to this site at any time, or restrict or remove the use of any Data for any reason, and you agree to immediately discontinue all use of the Data upon notification from South Florida Media Solutions.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. You are solely responsible for determining whether your use of any Data requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by South Florida Media Solutions or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
CHILDREN
Children (persons under the age of 18) are not eligible to use this site unsupervised. By using this site unsupervised you warrant that you are 18 years of age or older.
Use of Watermarked Images - Using images for comping
Images include without limitation all digital images. Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).
Conditional upon your compliance with this Agreement, South Florida Media Solutions grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any image. Except for this limited, internal testing and sample use, South Florida Media Solutions grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
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LICENSE AGREEMENT AT A GLANCE
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Read the END USER LICENSE AGREEMENT below. This is just an overview!
DO
1. Make one copy for backups.
2. Use the image in virtually any kind of promotional item: websites, advertising, packaging, personal projects, CD or DVD packaging, film and video presentations, multimedia presentations, commercials, books, etc…
3. Ask us if you have any questions about usage.
4. Read the END USER LICENSE AGREEMENT. This is just an overview!
DO NOT
1. Use images in templates for resale e.g. flash templates, website templates, brochure templates, powerpoint templates.
2. Display images larger than 800 * 600 on the web.
3. Exceed the 500,000 print run restriction.
4. Superficially modify the content, plunk it on a t–shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re–sale. This requires an Extended License. For an Extended License contact South Florida Media Solutions at
or through South Florida Media Solutions.
5. Resell the images on “Print on Demand” products, such as Cafe Press products, posters, cards, etc.
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END USER LICENSE AGREEMENT
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This is a non-exclusive, non-transferable license agreement between you and South Florida Media Solutions. Please read this agreement carefully before using the Data. By using any part of the Data, you are agreeing to the following terms:
1. The Data may only be used on ONE computer at any one time. You may make one copy of the Images solely for backup or archival purposes or transfer the Images to a single hard drive, provided that you keep the original and accompanying documentation in your possession.
2. The Data may be used, altered, or incorporated according to the guidelines described herein into any work (including broadcast, commercial, industrial, educational, and personal) that is created by YOU provided that work IS NOT then sold or distributed as either a single background or effect or as part of any background/effects library, collection, set, or product.
3. Without limitation, the Data may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of the Data constitutes copyright infringement and shall entitle us to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Data. The foregoing is not a limiting statement of our rights or remedies in connection with any unauthorized use.
4. Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or given for free, are considered redistribution. The use of our Data for these purposes is not permitted. It is also forbidden to make the Data available on a website for download (as wallpapers for example), although you may use the images in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels.
5. If you use the Data for printed materials, the number of copies must not exceed 500,000. Additional royalties of $0.03 per copy are to be paid if this amount is exceeded. You may modify the images in any way required for reproduction, or include them in your own personal creations.
6. The Data may not be transferred to third parties through the use of on-line services or networks.
7. The Data may not be resold or redistributed by any means, or made available for redistribution or resale by a third party.
8. The use of any logo or trademark contained in the Data must be used in a manner permitted by the logo or trademark owner. This license does not grant you any right to use logos or trademarks.
9. You agree to indemnify and hold harmless South Florida Media Solutions, or any of his authorized distributors for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorneys' fees, incurred directly or indirectly by Those Indemnified in connection with the use of the Data for any unlawful, unauthorized or prohibited purpose.
10. You may not sell, sublicense, loan, give, or transfer any part of the Data or a copy thereof (except in accordance with the permitted use in a work created by you), to another person or company.
11. You may not claim that any part of the Data is your own and you may not sell, license for use, or in any way distribute the Data for reuse.
12. You may not use the Data to create a product which is similar to or competes with any of the features or web sites hosted on the Gasson.com (www.gasson.com) domain, such as the creation and re-selling of stock photography collections, stock video, templates, or sound libraries.
13. You may not use any of the Data related to identifiable individuals or entities for any commercial purposes or in a manner which implies their endorsement of or association with any product, service, or entity unless marked "Model Released (Model Released)."
14. You may not use specific government, company, or persons' names, initials, and emblems for any commercial purposes or to express or imply endorsement or sponsorship of any commercial product, service, or activity.
15. You should credit South Florida Media Solutions when you use our Data.
16. You may enter projects into contests, film festivals, publications and or exhibitions that use the Data in the permitted listed methods only if South Florida Media Solutions is credited as the creator of the Data.
17. You may not use any of the Data of an identifiable person (living or dead) for any commercial purpose unless marked "Model Released." More on model and property releases/clearances:
The rights South Florida Media Solutions grants you do not include a license to any person, place, property, or subject matter depicted in the Data, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. South Florida Media Solutions makes no representations or warranties that it owns or licenses any rights nor does South Florida Media Solutions grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in the Data. Furthermore, South Florida Media Solutions makes no representation or warranty as to the accuracy of any information provided with the Data. You are solely responsible for determining whether your use of the Data requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by South Florida Media Solutions. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
If the Data is designated as model-released, it means that the person(s) included in the Data has/have signed a release permitting reproduction of the Data, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. If South Florida Media Solutions erroneously advises you that any part of the Data is model-released when it is not, South Florida Media Solutions’ liability shall be limited to the amount you paid South Florida Media Solutions for the use of the Image. If the Data depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by South Florida Media Solutions is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide South Florida Media Solutions with proof of such releases and permissions upon request.
South Florida Media Solutions reserves the right to monitor and to investigate any complaints regarding the use of any of the Data, and to take appropriate action if South Florida Media Solutions finds violations of these Terms of Service.
WARRANTIES OF THE LICENSEE
Your use of our services are at your sole risk. All our services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. We make no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the our service.
The Licensee warrants and undertakes, confirms and agrees with South Florida Media Solutions:
That all rights of a proprietary and copyright nature and title in and to the Data are expressly acknowledged as the property of South Florida Media Solutions and subject only to the non-exclusive, non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the Licensee aside from the uses specified and permitted in this Agreement.
The Licensee shall ensure that all copies of the Data published and distributed by the Licensee shall contain full and accurate copyright notices, credit attributions and acknowledgements that the copyright is retained in the works by South Florida Media Solutions, and that reproduction is permitted only under the limited license from South Florida Media Solutions.
The Licensee shall give full particulars to South Florida Media Solutions as soon as the Licensee becomes aware of any actual or threatened claim by any third party in connection with the Data.
The Licensee shall retain total control and possession at all times of the Data and ensure that these are kept in safe and secure storage facilities and shall not allow the Data to fall into the hands of third parties who are not licensed by this Agreement.
The Licensee shall indemnify and keep fully indemnified South Florida Media Solutions and its distributors from and against all actions, proceedings, claims, demands, costs (including any legal costs or expenses properly incurred and any compensation costs and disbursements paid by South Florida Media Solutions on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non-performance by the Licensee of any of the Licensee's undertakings, warranties or obligations under this Agreement.
The Licensee warrants and undertakes not to assign or license the use of the Data or any portion thereof for any purpose other than those purposes specifically agreed between South Florida Media Solutions and the Licensee under this Agreement. In particular, the Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Data in any way to any other person or entity.
The Licensee accepts and warrants that use of the Data shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee.
DENIAL OF RESPONSIBILITY
South Florida Media Solutions is not responsible for the use of the Data by the customer in any web pages, periodicals, or other documents. The opinions and views expressed by customers or visitors do not necessarily represent those of South Florida Media Solutions, and we do not verify, endorse, or vouch for the content of pages or documents created by our customers. Further, South Florida Media Solutions is not responsible for the delivery or quality of any goods or services sold or advertised through or our customer page(s). If you believe that any of the visual content provided by South Florida Media Solutions violates your proprietary rights, including copyrights, please contact South Florida Media Solutions in writing at .
CUSTOMER RESPONSIBILITY, CAUTIONS
You are solely and fully responsible for any of the Data that become part(s) of web pages, periodicals, or other documents you post or distribute. We do not regularly review the contents of materials created or posted by our members or other visitors to our site. We strongly recommend against posting or otherwise distributing any of the following types of content, whether you obtained it by purchasing our Data or from other source(s); to do so could involve you in litigation, for which we in no way would be responsible.
- Material of a lewd, lecherous, or obscene nature and intent, or that violates local, state, and national laws.
- Any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; a good rule of thumb: if you don't own the copyright or have express authorization and documented permission to use it, don't use it. Please read the full text of the End User Agreement to verify that your proposed use of the Data is acceptable.
- Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes the posting of other people's private information.
- Content that promotes, encourages, or provides instructional information about illegal activities.
- Any software, information, or other material that contains a virus, "Trojan Horse," "worm," corrupted data, or any other harmful or damaging component; hate propaganda or hate mongering; or fraudulent material or activity.
The formation, construction, and interpretation of this agreement shall be controlled by the laws of the State of Florida, U.S.A, as such law applies to agreements between Florida residents entered into and to be performed within Florida. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Florida, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. South Florida Media Solutions reserves the right to change or amend these Terms of Service at any time without prior notice. By using our Data you signify your agreement to these Terms of Service.
PRIVACY
SouthFloridaMedia respects our customers' account information as private and confidential information and we will NEVER share this information with any outside affiliations or individuals. Your information is secured and encrypted using SSL.
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