END-USER LICENSE AGREEMENT (EULA) By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Monsours Photography (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Monsours Photography hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Monsours Photography and Materials from our website will constitute and be defined as any photo, image, design, or layout represented on the Monsours Photography website. By downloading any Materials from Monsours Photography you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
A. User?s Rights to Materials from Monsours Photography. You agree to access, acquire, and use our Materials as follows:
B. User's Restrictions on the Use of Monsours Photography Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
C. You understand and agree that Monsours Photography may, in its sole discretion:
D. You understand that Materials are copyrighted and owned by Monsours Photography only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. Monsours Photography and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS. Monsours Photography its employees, directors, and officers and anyone else associated with Monsours Photography makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Monsours Photography further makes no representation or warranty that your usage of Monsours Photography will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Monsours Photography, you do so at your own risk.
F. Monsours Photography, its employees, directors, and officers, or anyone else associated with Monsours Photography shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. Monsours Photography, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Monsours Photography, and for accessing, acquiring, and/or using Materials from Monsours Photography.
G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Monsours Photography is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless Monsours Photography, its employees, directors, officers, and any other entity associated with Monsours Photography, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.