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Legal Stuff
EZ Legal Stuff
The following is a general
summary of the User Agreement. It does not supercede the actual User Agreement.
You can:
Use images for personal and/or commercial purposes as a part of an overall project.
For example, as part of background for a portrait.
You can’t:
Resell images in whole or part; altered or otherwise as backgrounds, frames,
or templates.
Use images in a way that
competes or otherwise conflicts with EZbackgrounds.com and its Submitters.The
following is a legal agreement between you and EZbackgrounds.com, Screenhits
Productions®, and any/all Submitters. Please read this agreement carefully
before downloading any content on EZbackgrounds.com. By downloading any content,
you agree to be bound by the terms of this agreement.
PART I
All content on the EZbackgrounds.com
website are protected by United States and international copyright laws and
treaties. EZbackgrounds.com and/or the various artists who provide content and/or
images to EZbackgrounds.com own all rights, including the copyrights in and
to the images. EZbackgrounds.com and/or its submitters reserve all rights in
and to the images not granted to you by the terms of this license. Your rights
to use any image are subject to this license agreement and are conditioned upon
your payment to EZbackgrounds.com for your use of the images. If you fail to
make any payment to EZbackgrounds.com when due, or if any check is dishonored
or credit card charge refused or charged back, your account will be deemed delinquent.
Provided that your account was current at the time you downloaded an image and
you were not otherwise in breach of any of the terms hereof, you have the right
to use the downloaded image, subject however, to the terms of this agreement.
If your account becomes delinquent, your right to use any Images downloaded
at any time shall automatically terminate unless all payments together with
any interest thereon and EZbackgrounds.com costs of collection, bank charges
and credit card processing fees are received by EZbackgrounds.com no later than
fifteen (15) days from the date that your account became delinquent.
By this Agreement, EZbackgrounds.com
grants you a personal, non-exclusive, non-transferable, right to use and reproduce
images in the following ways, subject to the limitations set forth herein and
in Part II hereof:
a) On web sites;
b) Incorporated into software as a background image or splash screen, provided
that the image or any digital files containing the image cannot be unincorporated
from the software or viewed as a slideshow or the equivalent;
c) In multimedia presentations and incorporated into film and video for broadcast
use, and theatrical display.
d) In CD or DVD cover art, magazines, newspapers, books, , book covers, textbooks,
editorials.
e) In ebooks, including multi seat license electronic textbooks
f) In the artwork for the packaging of any product.
g) As toolbar skins and mobile phone "wallpaper" for your own personal
use;
h) On letterhead, business cards, advertising or promotional posters, pamphlets,
brochures, catalogs, pop up and/or panel displays for use in conventions and
trade shows, provided that the image is not used as and does not function as
a trademark, service mark or logo or as an element thereof;
i) As prints, posters (i.e. a hardcopy) and other reproductions for your own
personal, non-commercial use or as advertising posters for use in promoting
the sale of other products (as opposed to promoting the sale of the prints,
posters, etc. containing the Images), provided that such prints and/or posters
and/or other reproductions combine words and an Image or Images;
j) As a single hand painted reproduction (not as a printed reproduction) on
a canvas or other material to be used as decoration and not resold; and
k) In coordination with opt-in email marketing. Images cannot be used in connection
with unsolicited email - or linked from unsolicited email.
l) In the event that you create a derivative work based on or incorporating
one or more images, all rights in and to such images shall continue to be owned
by EZbackgrounds.com or its submitter, subject to your rights to use such image(s)
pursuant to the terms and limitations set forth herein.
m) As a component of an overall project comprising no more than 70% of said
project.All other rights in the images are expressly reserved by EZbackgrounds.com
for itself and its submitters.
PART II
RESTRICTIONS
YOU MAY NOT:
a) Use an image other than
as specified in PART I.
b) Resell, redistribute or transfer any image except as specifically provided
herein.
c) Share an Image by providing access to such Image on shared disk drives, computer
networks, intranets of any nature or otherwise.
d) Use EZbackgrounds.com images in a manner that competes with EZbackgrounds.com's
business. This includes, by way of illustration, not by way of limitation, displaying
images in any format (including thumbnails) for download on a website, offering
EZbackgrounds.com images for sale, or including EZbackgrounds.com images in
templates (website, document, project or otherwise) for sale.
e) Use any image (in whole or in part) as a trademark, logo or an element thereof.
f) Use automated programs, applets, bots etc., to download Images.
g) Use as a component of an overall project comprising more than 70% of said
project.
PART III
a)"Non-transferable"
as used herein means that except as specifically provided in these TOS, you
may not sell, rent, load, give, sublicense, or otherwise transfer to anyone,
the Image or the right to use the Image. In addition, the work you produce with
the Image must be used for yourself, your direct employer, client, or customer,
who must be the end user of your work. You agree to take all commercially responsible
steps to prevent third parties from duplicating any image.
b) You agree that you will not share your username and password combination.
Your EZbackgrounds.com username and password are to be used only by you. Each
person that desires to access the EZbackgrounds.com site must have his/her own
username and password and must purchase a subscription. You may use your subscription
on ONE COMPUTER in your office or home at any one time. If any two users on
two separate computers are using the same username and password, we reserve
the right to terminate that subscriber's account without refund or prior notice.
We reserve the right to monitor accounts and institute mechanical or other means
to stop users from sharing their login information.
c) You agree to indemnify and hold EZbackgrounds.com, Screenhits Productions®,
its officers, employees, shareholders, directors and suppliers harmless against
any damages or liability of any kind arising from any use of the image other
than the uses expressly permitted by this Agreement. You further agree to indemnify
EZbackgrounds.com for all costs and expenses that EZbackgrounds.com incurs in
the event that you breach any of the terms of this or any other agreement with
EZbackgrounds.com.
d) Neither EZbackgrounds.com or any of its directors, officers, employees, partners,
licensors, or agents shall be liable for any damages, whether direct, indirect,
consequential, or incidental, arising out of the use of, or the inability to
use, any image or images.
e) If you are unsure of your rights under this agreement, or if you wish to
use an Image in a manner not expressly permitted under this agreement, please
see our Enhanced License. If you still have questions, please contact EZbackgrounds.com
Support.
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