THIS IS A BINDING LEGAL AGREEMENT BETWEEN BLOOM WORKS AND YOU, OR, IF YOU MAKE THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. BY USING OUR IMAGES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE IMAGES FOR A FULL REFUND.
GRANT OF LICENSE
BLOOM WORKS Inc. grants you the non-exclusive, non-transferable license to use and modify the images subject to the restrictions contained herein. You may not rent, transfer or grant any rights to the images without prior written consent of BLOOM WORKS Inc.
This license agreement DOES PERMIT the following uses of the images.
You may use these images in your personal, professional, internal, editorial and clients projects including printed materials, advertisements, packaging, presentations, video, on-line or multimedia projects.
This license agreement DOES NOT PERMIT the following uses of the images.
- You may not post any image or images on any electronic bulletin board, put the images on–line in a downloadable format, or use the images in a website at a resolution higher than 640 x 480 pixels at 72dpi.
- You may not use, or allow anyone else to use any of these images to create pornographic, libelous, obscene or defamatory images.
- Images are not to be resold or transferred to another party.
- An image may not be incorporated into an artwork for which a claim of new copyright may be obtained.
To the best of the Company’s knowledge, the photographic content are not defamatory, obscene or blasphemous, and do not infringe any rights of copyright or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against the company in the event of the said photographic works being deemed or found to be defamatory, obscene or blasphemous or an infringement of third party rights. The Company warrants that all permissions and consents required in relation to the exploitation of persons and individuals featured in the said photographic works have been obtained but that this permission expressly and exclusively relates only to activities and uses permitted by the terms of this Agreement as outlined above.
Using the image or images in a way not covered or specifically prohibited by this agreement, without prior written consent from BLOOM WORKS Inc., is a violation of copyright law. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be returned to BLOOM WORKS Inc. immediately.
LIMITED WARRANTY AND LIMITATIONS OF LIABILITY
BLOOM WORKS Inc. warrants the images to be free from defects in material and workmanship for 60 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the images or refund of the purchase price, at BLOOM WORKS Inc.’s option. NEITHER BLOOM WORKS Inc., ITS DISTRIBUTORS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES. IF BLOOM WORKS Inc. SHALL HAVE ANY LIABILITY OF ANY KIND TO YOU OR ANY THIRD PARTY BY VIRTUE OF THIS LICENSE OR YOUR OR ANY THIRD PARTY’S USE OF THE IMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF BLOOM WORKS Inc. SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE IMAGES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND BLOOM WORKS Inc. IN VIEW OF THE NOMINAL LICENSE FEE CHARGED.
COPYRIGHT
All images are owned by BLOOM WORKS Inc. and are protected by the international treaty provisions and other applicable laws. No title to or intellectual property rights to the images are transferred to you. BLOOM WORKS Inc. retains all rights not expressly granted by this license agreement.