EuroproNet Royalty-Free Gallery








Terms and conditions:

By applying for or activating a membership to HerrnsdorfCOM Image Gallery you agree to comply with and be bound by the Terms and Conditions of Membership as set out below.


Introduction


The HerrnsdorfCOM Royalty-Free Image Gallery offers unlimited downloads of images
during the term of your membership. This
means that there are no per image or per use licensing fees.

As with services of this type, however, certain terms and conditions apply
to a membership to HerrnsdorfCOM Image Gallery. By applying for or activating a
membership to HerrnsdorfCOM Image Gallery you agree to comply with and be bound
by the Terms and Conditions of Membership as set out below.


Terms and Conditions of Membership


The HerrnsdorfCOM Image Gallery website is owned and operated by Europro Incorporated, a
company of The Herrnsdorf Group ("HerrnsdorfCOM", "Us" or "We").


By applying for or activating a membership to HerrnsdorfCOM Image Gallery, you certify
to HerrnsdorfCOM that you have read, understand and agree to comply with and be
bound by the Terms and Conditions of Membership including the
Guidelines For The Use Of Clipart, Photos and Web Art and Animations
("Usage Guidelines"). The submission of an application for or an
activation of membership to this site will be an irrevocable acceptance of
the Terms and Conditions of Membership.


A. Membership


Once accepted as a member to HerrnsdorfCOM Image Gallery, you are
entitled to download an unlimited number of the clipart,
photographic and web images and animations ("Images")
available on HerrnsdorfCOM Image Gallery until your password expires.
You are also granted a license to use the Images
in accordance with the Usage Guidelines. Both the membership to
HerrnsdorfCOM Image Gallery and the licence granted to you to use the images are
PERSONAL to you and may not be sold, assigned or otherwise
transferred to any other person.


B. Crediting Us


As the Usage Guidelines indicate, we realize that it is not always
practical to include credits for all of the images and other content that
you use in a project. We do require, however, that your project contain a
general copyright notice that informs others that the copyright in your
work product, together with its components parts, are held by you and
your licensors. This requirement is intended to protect both your rights
and those of HerrnsdorfCOM.


We also ask (but do not require), that you include a credit in your work
product that identifies HerrnsdorfCOM Image Gallery as the source of some or all of the
images included in your product.


C. Guidelines For The Use Of Clipart, Photos and Web Art and
Animations


ALL DIGITAL IMAGE AND ANIMATION FILES MADE AVAILABLE FOR
DOWNLOAD FROM THIS SITE ARE PROVIDED TO YOU UNDER
LICENSE. NO RIGHT, TITLE OR INTEREST TO SUCH ITEMS ARE
TRANSFERRED TO YOU.
THIS LICENSE IS GRANTED BY EUROPRO INCORPORATED/HERRNSDORF.
FOR THE PURPOSE OF THIS LICENSE, Europro Incorporated/HerrnsdorfCOM
SHALL BE REFERRED TO AS "HerrnsdorfCOM", "US" OR "WE".


i. LICENSE: HerrnsdorfCOM grants you a non-exclusive,
non-transferrable license to use, reproduce, modify, publish,
display and distribute the digitized clipart, photographic, web art
images and web animations (the "Image(s)") in accordance with
the terms of this license ("License").


ii. PROPRIETARY RIGHTS. The copyright and all other rights
in the Image(s) shall remain with us or our suppliers.


iii. YOU MAY, subject to any restrictions set out below:


1. incorporate any Image(s) into your own original work
and publish, display and distribute your work in any
media; provided you include a copyright notice in your
work reflecting on the copyright ownership of both you
and HerrnsdorfCOM as follows:


"Copyright ® 19__ [your name] and its licensors. All rights
reserved."


You may not, however, resell, sublicense or otherwise
make available the Image(s) for use or distribution
separately or detached from a product or web page. For
example, the Image(s) may be used as part of a web page
design, but may not be made available for downloading
separately or in a format designed or intended for
permanent storage or re-use by others. Similarly, clients
may be provided with copies of the Image(s) (including
digital files) as an integral part of a work product, but
may not be provided with the Image(s) or permitted to
use the Image(s) separately or as part of any other
product;


2.make one (1) copy of the Image(s) for backup or archival
purposes.


iv. YOU MAY NOT


1.create scandalous, obscene, defamatory or immoral works
using the Image(s) nor use the Image(s) for any other purpose
which is prohibited by law;


2.use or permit the use of the Image(s) or any part thereof as a
trademark or service mark, or claim any proprietary rights of
any sort in the Image(s) or any part thereof;


3.use any of the Images related to identifiable individuals or
entities for any commercial purpose or in a manner which
suggests their association with or endorsement of any product
or service;


4.use the Image(s) in electronic format, on-line or in multimedia
applications unless the Image(s) are incorporated for viewing
purposes only and no permission is given to download and/or save
the Image(s) for any reason.


5.rent, lease, sublicense or lend the Image(s), or a copy thereof,
to another person or entity (except copies incorporated into
your work product as permitted under this License);


6.use any Image(s) except as expressly permitted by this License.

v. TERM: This License shall continue for as long as you are in
compliance with the terms and conditions of this agreement.
This license will terminate immediately if you fail to comply with
any of its terms or conditions. You agree, upon termination, to
destroy all copies of the Image(s). The Limitations of
Warranties and Liability set out below shall continue in force
even after any termination.

vi. LIMITATIONS OF WARRANTIES AND LIABILITY: THE IMAGES
ARE PROVIDED AND LICENSED BY HerrnsdorfCOM ON AN "AS IS" BASIS,
WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE,
USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. NEITHER HerrnsdorfCOM NOR ITS
DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT,
LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF HerrnsdorfCOM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
HerrnsdorfCOM IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD
PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A
BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.


vii. ELIGIBILITY: To be eligible to apply for a license for the
Image(s) you must be in compliance with applicable export laws.
By downloading the Image(s) you are representing and
warranting to HerrnsdorfCOM that you are compliant with the following
statements: (i) you are not a citizen, national or resident of, and
are not under the control of, the government of : Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria, nor any other country
to which the United States has prohibited export; (ii) you will
not download or otherwise export or re-export the Image(s),
directly or indirectly, to the countries mentioned in clause (i)
nor to citizens, nationals or residents of those countries; (iii)
you are not listed in the United States Department of Treasury
lists of Specially Designated Nationals, Specially Designated
Terrorists, or Specially Designated Narcotic Traffickers, nor
are you listed on the United States Department of Commerce
Table of Denial Orders; (iv) you will not download or otherwise
export or re-export the Image(s), directly or indirectly, to
persons on the lists mentioned in clause (iii); and (v) you will not
use the Image(s) for, and will not allow the Image(s) to be used
for, any purposes prohibited by United States law, including,
without limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass
destruction.


If you cannot represent and warrant that you are in compliance
with the above statements, you are not eligible to apply for a
license for the Image(s) and/or download the image(e).


viii. GENERAL: This License is the entire agreement between us,
superseding any other agreement or discussions, oral or
written, and may not be changed except by a signed agreement.
This License shall be governed by and construed in accordance
with the laws of the state of Delaware, USA, excluding that
body of law applicable to choice of law and excluding the United
Nations Convention on Contracts for the International Sale of
Goods and any legislation implementing such Convention, if
otherwise applicable. If any provision of this License is
declared by a Court of competent jurisdiction to be invalid,
illegal, or unenforceable, such a provision shall be severed from
the License and the other provisions shall remain in full force
and effect. The parties have requested that this Agreement and
all documents contemplated hereby be drawn up in English.