Terms of Agreement for using DMN Stock Resources GENERAL TERMS OF SERVICE AGREEMENT THIS IS A LEGAL AGREEMENT, ("Agreement") between you and Digital Media Online, Inc. ("Company"). If you do not agree to ALL of the terms of this Agreement, exit the site now and do not subscribe to the service. If you proceed with the subscription process, you thereby signify that you have agreed to all of the terms and conditions set forth below. WHO OWNS THE SITE? DIGITAL MEDIA ONLINE, INC. is proud to offer, through its’ website www.dmnstockresources.com (the Site) a low-cost premium content service to its readers (the Service). This site is owned and operated by DIGITAL MEDIA ONLINE, INC., which owns or licenses all the material on this site. The design or layout of the Site, any associated websites or any other website owned, operated, licensed, or controlled by Digital Media Online Inc., is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. WHO OWNS THE CONTENT? Any content downloaded by you from the Site, including, without limitation, any files, videos, photographs, 3D models, images, sounds, fonts, etc. hereby incorporated in the site (collectively, the Content) is licensed to you by DIGITAL MEDIA ONLINE, INC. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. The Content provided for use through the Service has been licensed through various industry-leading content partners. Ownership of the various elements of the Content continues to reside with these partners. The content is offered to the subscribers of the Service, solely through the Service, and for the sole personal or professional use by the subscribers of the Service. Also, by subscribing to the Service, you thereby agree to the terms of use relative to each sub-category of the Content: the 3D Model Terms of Use, the Digital Photo Terms of Use, and the Video Clip Terms of Use. The Company is the final arbiter of how one IS and IS NOT allowed to use the Photo Content. Further, the Company reserves the right to cancel any membership, at any time for any reason, without prior notice. Actions or activities that may cause termination of your membership include, but are not limited to: >> Using in the registration of your DMNStockResources.com subscription an email account that is not your own or that becomes inactive. You are responsible for maintaining a valid email account. >> Requesting a chargeback, or otherwise causing payment for a DMNStockResources.com subscription to be stopped or rescinded. The Company reserves the right to monitor and to investigate any complaints regarding the use of any the Content, and to take appropriate action if the Company finds violations of this Agreement. GRANT OF LICENSE The Company grants you the non-exclusive right to copy the Content from the Site onto your computer hard drive and to use the Content and any derivatives or copies on one computer and with one user at a time. You may not copy the Content of this website for any other purpose. The Content may be copied, modified and incorporated into materials for personal or professional company use and in advertising and promotional materials for you or your clients provided the purpose of the product you create is not to redistribute the Content or Contents provided in whatever manner or medium. The rights to use the Content on the Site extend to the length of the subscription. Upon termination of subscription all usage rights revert back to the Company. You must re-subscribe to renew your usage rights. The Company reserves the right to discontinue distribution of any image without prior notice. LIMITATIONS OF DOWNLOADING AND ACCESS In order to protect the value of the Content, a subscriber, on a monthly basis, will be able to download a maximum of seventy five (75) 3D models, seventy five (75) photographs, and fifty (50) videos. In addition, as a subscriber, you may not share your access information, including user ID and password, with other parties. Logging into the Site from more than 2 computers using the same user ID and password constitutes theft of services and the account will be terminated. LIMITATION OF WARRANTY AND DAMAGES DIGITAL MEDIA ONLINE, INC. MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY DIGITAL MEDIA ONLINE, INC. WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE. DIGITAL MEDIA ONLINE, INC. DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT DIGITAL MEDIA ONLINE, INC. WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. IN NO EVENT WILL DIGITAL MEDIA ONLINE, INC. OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF DIGITAL MEDIA ONLINE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF DIGITAL MEDIA ONLINE, INC. OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SUBSCRIBER RESPONSIBILITY AND CONCERNS! It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use the Content in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials. You are solely and fully responsible for any of the Content 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 from The Service or 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. >> 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. GOVERNANCE This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, will not govern the Agreement. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. DIGITAL MEDIA ONLINE, INC. reserves the right to terminate this Agreement without notice if, in DIGITAL MEDIA ONLINE, Inc.'s sole discretion, you fail to comply with any of this Agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, DIGITAL MEDIA ONLINE, INC. reserves the right to terminate this site without notice. USE OF CUSTOMER INFORMATION The Company reserves the right to release current or past subscriber information in the event the Company believes that the subscription is being or has been used in violation of the Agreement or to commit unlawful acts, if the information is subpoenaed, or when the Company deems it necessary or appropriate. By agreeing to the conditions of this Agreement, you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion, determines the disclosure to be appropriate. AND FINALLY! ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. IMAGES DIGITAL PHOTO TERMS OF USE DIGITAL MEDIA ONLINE, INC. (the "Company") is proud to offer, through its' website www.dmnstockresources.com (the Site), a low-cost premium content service to its readers (the "Service"). Most of the photos, illustrations, web art images, video, clip art, sound and fonts (the "Photo Content") in the photographic collection are licensed or owned by third-party sources. By subscribing to the Service, you are permitted to use, modify, and publish the Photo Content subject to the following restrictions. You are permitted to use the Photo Content as long as all of the following conditions are met: >> Your web pages and your clients' web pages do not give permission to download and save the images for any reason. >> The use of the Photo Content is not to create a product, which is similar to or competes with any of the features on the sites (www.dmnstockresources.com) or (www.photospin.com), such as the creation and re-selling of stock photography collections, calendars, t-shirts or other items. If you do wish to re-sell any of the Photo Content in the Service's still photo collection, please contact sales@photospin.com for more information. >> The Photo Content that you are using is available through the Service (www.dmnstockresources.com) that you have subscribed to. You are not permitted to: >> Redistribute the Photo Content as stock photography, illustration, clip art, web art, sounds, video, or fonts, without explicit written permission. >> Use any of the Photo Content of an identifiable person (living or dead) for any commercial purpose unless marked "Model Released." >> Use any of the Photo Content related to identifiable individuals or entities for any commercial purposes or in a manner that implies their endorsement of or association with any product, service, or entity unless marked "Model Released." >> 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. >> Create obscene or scandalous works, as defined by the Federal Government at the time the work is created, using the Photo Content or any modification of the Photo Content. >> Share your access information, including user ID and password, with other parties. Logging into the DMNStockResources.com web site from more than 2 computers using the same user ID and password constitutes theft of services and the account will be terminated. ADDITIONAL RIGHTS AVAILABLE If you are unsure of your rights under this agreement, or wish to use the Photo Content in a manner not expressly permitted by this agreement, such as in products for sale, please contact info@photospin.com for information and additional licensing options. MODELS 3D MODEL LICENSE AGREEMENT MULTIPLE PROJECT USE SITE LICENSE OF MODELS AND IMAGES THIS IS A LEGAL AGREEMENT ("3D Model License Agreement") between you and Digimation, Inc. ("Digimation"). If you do not agree to all the terms and conditions of this 3D Model License Agreement, exit the site and do not become a subscriber. If you proceed to download any of the files of digital raster image data in grayscale or color form or three-dimensional digital coordinates (each a "Dataset" and collectively, the "Datasets"), you thereby signify that you have agreed to all of the terms and conditions set forth below. Each of the Datasets is a set of digital, three-dimensional coordinates or images created by Digimation (or its licensors) of a particular object. Digimation gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks or works of authorship depicted in any Dataset and you must satisfy yourself that all necessary rights or consents that may be required for your particular use of a Dataset are obtained from the applicable third party(ies) owning or having rights in or to such objects, names, trade marks, service marks or works of authorship. The Datasets are protected by United States copyright laws, international treaty provisions, and other laws. You may not use, copy, display, modify or distribute the Datasets except in strict accordance with this 3D Model License Agreement and you agree to comply with all applicable laws and regulations with respect to your use of the Datasets as authorized hereunder. The Datasets are licensed to you; they have not been sold to you. Subject only to the license granted to you herein, all right, title and interest in and to the Datasets are retained by Digimation and its licensors. Digimation hereby grants to you the following perpetual, worldwide, non-exclusive, non-transferable, non-sub-licensable license with respect to its rights in the Datasets: >> You may copy the Datasets onto the storage devices of an unlimited number of computers; provided that all such computers are physically located at your business, or if you are a residence, your place of residence located at a single specific street address (or its equivalent). >> You may (i) access, use, copy and modify the Datasets stored on such computers at such single location in the creation and presentation of animations and renderings which may require runtime access to the Datasets, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived from the Datasets in other works and publish, market, distribute, transfer, sell or sublicense such combined works; provided that you may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any Dataset or any part thereof; (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original Dataset, or any part thereof, or any substantially similar version of the original Dataset can be separately exported, extracted, or de-compiled into any re-distributable form or format, or (c) publish, market, distribute, transfer, sell or sublicense any image created from a Dataset as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image is that it is accessible in a manner similar to "clip art." Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the Datasets, you may copy and distribute your animations and renderings derived from the Datasets. All other rights with respect to the Datasets and their use are reserved to Company (and its licensors). INFRINGEMENT WARRANTY. Digimation warrants to you that, to the best of its knowledge, the digital data comprising the Datasets do not infringe the rights, including patent, copyright and trade secret rights, of any third party, nor was the digital data unlawfully copied or misappropriated from digital data owned by any third party; provided, however, that Company makes no representation or warranty with respect to infringement of any third party's rights in any image, trademarks, works of authorship or object depicted by such Dataset. LIMITATION OF LIABILITY AND WARRANTIES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE, LOSSES OR EXPENSE RESULTING FROM YOUR USE OR EXPLOITATION OF THE DATASETS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE DATASETS TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE DATASETS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS 3D MODEL LICENSE AGREEMENT, DIGIMATION AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE DATASETS AND ANY ACCOMPANYING SOFTWARE OR MATERIALS. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGIMATION OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF SALES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THIRD PARTY CLAIMS) ARISING OUT OF THIS 3D MODEL LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE DATASETS OR FOR ANY OTHER REASON, EVEN IF DIGIMATION AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGIMATION AND/OR ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE DATASETS. Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. U.S. GOVERNMENT END USERS. The Datasets are a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Datasets with only those rights set forth herein. THIS LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA, WITHOUT REGARD TO THAT STATE'S CHOICE OF LAW PROVISIONS. This 3D Model License Agreement is the entire agreement between you and Digimation with respect to the Datasets and supersedes any other communications or advertising, whether written or oral, with respect thereto. This 3D Model License Agreement may not be modified or expanded except in a writing signed by an authorized representative of Digimation. If any provision of this 3D Model License Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that, if any limitation on the grant to you of any right herein is held invalid or unenforceable, such right shall immediately terminate. Should you have any questions concerning this 3D Model License Agreement, or should you desire to contact Digimation for any reason, please contact: Attn: Legal Affairs Digimation, Inc. 100 James Drive, Suite 150 St. Rose, LA 70087 VIDEOS VIDEO CLIP TERMS OF USE The Content offered through the Service may contain(s) video clips. The term "Video Clips" shall mean any media content including, but not limited to, illustrations, photographs, digital animations, videos, or other visual representations and/or auditory representations recorded in any format licensed to you by the Service. USES OF THE VIDEO CLIPS The Company grants to you a royalty-free non-exclusive license to use, copy, and reproduce the individual Video Clips from the Content in any computer program or presentation where they are not the primary part of the presentation or program. Subscribers of the Service may also include the Video Clips as a decorative and/or non-functional element in any on-line distribution system (including your web-page), or in advertising, promotional material, broadcast media, and for-sales products in any quantity, provided the finished program product is not designed or intended for re-use of the Video Clips. LIMITATIONS ON THE VIDEO CLIPS Subscribers may not make some or all of the Video Clips available on the Subscriber's web page or any site as a separate or downloadable reusable file and the Subscriber may not use or copy the Video Clips, or any part thereof, except as permitted by the terms of this Agreement. Subscribers are not allowed to resell, sublicense or redistribute or otherwise grant rights or make available for use by others all or portions of the Video Clips in form or formats designed or intended for re-use as part of a clip software or a library product that consists predominantly of audio, image or video materials. Subscribers are not allowed to re-sell, sublicense or distribute or otherwise grant rights or make available for use by others all or portions of the Software or Derivative Work(s) in form or formats designed or intended for use in a Software program as part of a demonstration or in a bundle. Video Clip Copyright The Video Clips are licensed to the Service and the United States Copyright laws and international treaty provisions protect the Video Clips. Subscribers must treat the Video Clips like any other copyrighted material. A subscription to the Service and use of the Video Clips constitutes a license for use only as described in the Agreement and does not constitute ownership of the Video Clips. Videometry, Inc. retains title, as well as the copyrights, to the Video Clips and all of their components. If you have any questions please contact us at: subscribers@digitalmedianet.com		Premium Newsletters Available Only to Digital Media Net Newsletter Subscribers
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