Media 65 Usage Agreement
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Welcome to the Media 65 website ("Website"). You are required to follow the terms and conditions if you use the Website located at www.m65.net. Your use of the Website indicates your acceptance of these terms and conditions which applies to all files on the Website.
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1. Use of Templates* and Files** Media 65 licenses to you the use of Templates* and Files** files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the Templates* and Files** files and any accompanying materials such as copyright are retained by Media 65 and its members.
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2. Consent. You must be at least 18 years of age to use the Website and accept this Agreement. Media 65 may require any registrant provide sufficient proof that are at least 18 years of age.
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Minors can access Media 65 only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement.
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Media 65 may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.
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3. Intellectual Property and Privacy Laws. You acknowledge that the content available through the Website is the property of Media 65 or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the Templates* and Files** are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from Media 65 stating otherwise, you should assume that no consent from persons or owners of property depicted in an Templates* and Files** has been given regarding publication and that model and property releases are not available from Media 65 or its content providers. Further, Media 65 makes no claims or warranties as to the validity of the model or property releases associated with any Templates* and Files** and such releases should be verified by you and that such usage shall be at your risk.
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4. Prohibited Uses. You may not: 4.1. use Templates* and Files** in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
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4.2 use Templates* and Files** in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
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4.3. reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law. You MAY alter the Templates* and Files** file to suit your visual needs however - see Section 5.
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4.4 use any part of an Templates* and Files** as a trademark, service mark, logo, or part thereof.
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4.5 remove any copyright or trademark information from any place in the files or accompanying materials photographers copyright. You don't have copyright code but the photographers copyright has to stay with the files.
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4.6 display or post multiple Templates* and Files** obtained from the Media 65 Website in a size larger than 400 pixels in a stand-alone or gallery format that makes it easy for people to copy, save or steal the Templates* and Files.
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4.7 Auction or resell the template pack as is. Give your clients reseller rights. Sell the template pack as is to your clients. Give away the templates for free* or at a price lower then 25.00 US dollars per template. Use in a template shop. Resell them as is " most be a added value service". Given them away for free. Re-license as template pack. Re-licensing*.
4.8 You my not reuse the images in template files or mix and match them The images most stay with the original template that it came with or not used at all. If you put two images together like Media 65 template image that came with the template and one of own. This fine as long as it's in the same template of the original image came with. Please note that images are only for use with the original template not print or any other media or medium you may not resell or reuse the images as a stand alone*.
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4.9 You many not directly compete with any Media 65 Companies HowtoMambo.com etc..
Basically don't name us. Example:" your company name VS HowToMambo.com*". Same product better price better service no name references at all.
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5. Permitted Uses.
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You may: use the templates on your client sites as many times as you like. You may also use the templates on any of your own websites.
5.1. display the Templates* and Files** from Templates* and Files** in any manner not prohibited by the agreement (see Section 4.) provided that you include the copyright information from the Templates* and Files** file in the form of a legally effective copyright Templates* and Files** from Media 65".
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5.2 Acceptable uses include
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Legal uses need to be part of a service. example:" a graphic designer or hosting company". See more legal uses below.
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Legal Use Scenario:
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ABC Company is your client they retained your services. You show your client the ABC Company some sample works your portfolio / Media 65 Template Pack. They pick a template you add their logo and make a few modifications.
ABC Company pays your studio for your services they receive the customized template.
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Second legal use Scenario: You're a hosting company and you like to offer a template as incentive for a Premium hosting plan for your Mambo/Joomla clients. You give your clients the right to use the templates for their site but your not giving them the right to resell or give away templates.
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6. Copyright modify or alter Templates* and Files** as necessary for your use, as allowed for elsewhere in these terms and conditions. All photos, art, Templates* and Files** or files taken from Media 65 and integrated into said derivative work are still copyrighted by Media 65 or the appropriate content provider. By purchasing a license to use an Templates* and Files** from Media 65 you are not purchasing copyrights to our Templates* and Files** in any way. If requested by Media 65, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
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7. Discontinuance: Media 65 reserves the right to elect at a later date to replace the Templates* and Files** with an alternative for any reason. Upon notice of such replacement, the license for the replaced Templates* and Files** terminates for any products that do not already exist, and this license automatically applies to the replacement Templates* and Files** . You agree not to use the replaced Templates* and Files** for future products and to take all reasonable steps to discontinue use of the replaced Templates* and Files** in products that already exist.
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8. resale or sublicensing. You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement.
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8.1 Assumption of risk. You expressly agree that use of all Templates* and Files**, or software distributed by Media 65 is at your sole risk. Media 65 does not warrant or guarantee that files or Templates* and Files** on the Website are free from copyright or other intellectual property concerns.
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9. Disclaimers. All Templates* and Files**, and software distributed by Media 65 are provided on an "as is" and "as available" basis and without warranties or conditions of any kind either express or implied. and Media 65 assumes no responsibility for any actions or liabilities arising from their possession or use. Media 65 disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Media 65 or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if Media 65 is expressly advised of the possibility of such damages. In no event shall Media 65's liability exceed the fees paid for the use of the files. No oral advice or written information given by Media 65, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, Templates* and Files**, and services available through this Website. In those states or countries that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
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10. Assignment You may not assign its right and obligations under this agreement without obtaining the prior written consent of Media 65. Media 65 may assign this agreement.
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11. Severability Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
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12. Arbitration A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Newark, New Jersey pursuant to the rules of the Arbitration Act ("New Jersey") in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of New Jersey, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of New Jersey. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
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13. Legal Fees and Jurisdiction If Media 65 is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Media 65 for its legal fees, costs and disbursements if Media 65 is successful. You agree that the Courts of the State of New Jersey are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
14. By purchasing a license for this product you are in agreement with all rules stated for the product, general policies and Digital Millennium Copyright Act. Media 65 is HowToMambo.com master company retains all Copyrights national and international.
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15. Entire Agreement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MEDIA 65, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MEDIA 65 RELATING TO THE SUBJECT OF THIS AGREEMENT. You agree that by using this site or Templates* and Files**, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you and Media 65.com) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties. Media 65 and HowToMambo.com reserves the right to change or add any terms or conditions, policies and licenses at any time.
Templates* and Files** Means any files, software, emails or any communications with Media 65 or any of it employees or third party providers. |
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