Sparky Firepants Images, Inc.
Digital Image License Agreement
This Agreement is entered into between the User/Visitor and Sparky Firepants Images, Inc. (“Licensor”). This Agreement goes into effect upon User’s viewing, download and/or receipt of digital image products created by Licensor hosted at http://sparkyfirepants.com (“website”).
Term
User is granted a limited, non-exclusive license to view the digital images provided by Licensor for the duration of one active browser session on website.
Modification/Prohibited uses
User may not modify, alter or create derivative works from the digital images provided at any time. Any modification, alteration, or derivative use will result in automatic revocation of rights under this Agreement and possible legal action.
User may not offer digital files for resale or publication.
Transfer and sublicense rights
No transfer of rights or sublicense to any third party is allowed for any reason. It is the User’s responsibility to protect these files and rights as such.
Copyright/Rights to original art
No rights to original artwork or image files is expressed or implied under this agreement. Licensor retains full copyright to all files and images.
Warranties
Licensor offers no warranty under this agreement. User accepts all liability for use of any and all media provided by Licensor.
Indemnity for Infringement
If third party violation of rights (piracy) does occur as a result of either User neglect or willful intent, Licensor may pursue compensation in accordance with scope of losses incurred by third party use.
Successors and Assigns
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
Choice of Law
The laws of the state of Oregon shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
Arbitration
Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Oregon in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
Headings
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Waiver
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
Modification or Amendment
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Entire Understanding
This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Unenforceability of Provisions
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Contract termination
Upon violation of any part of this Agreement, usage rights may be revoked by Licensor. Upon termination, User will immediately destroy all digital files in User’s possession.
At any time, User may terminate this Agreement by notifying Licensor in writing and destroying all digital files in User’s possession.
No refund of any kind is expressed or implied upon termination of this Agreement.