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ANNAPOLISRACING.COM LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA)
By downloading any image or material from our website, you hereby agree
to the following terms and conditions as outlined herein, and as listed
elsewhere on our website:
This agreement is made by and between AnnapolisRacing.com (otherwise
listed herein as You or Your) who creates an account for the right to
access, acquire, and use Materials from this website.
AnnapolisRacing.com hereby represents that it owns all rights and
copyrights to all materials on our website, and all rights and
copyrights to said website and materials shall remain the exclusive
property, right and control of and under AnnapolisRacing.com and
Materials from our website will constitute and be defined as any photo,
image, design, or layout represented on the AnnapolisRacing.com
website. By downloading any Materials from AnnapolisRacing.com you are
asserting your declaration that you have read, understood, and agreed
to all terms and conditions listed in this Agreement, and otherwise
identified on our website.
Terms of Use and Conditions as Defined Below:
A. User's Rights to Materials from AnnapolisRacing.com. You agree to access, acquire, and use our Materials as follows:
- These Terms and Conditions constitute a legal Agreement between You and AnnapolisRacing.com.
- AnnapolisRacing.com grants You a nonexclusive, nontransferable
license to download, use, modify, publish, and display our Materials
according to the defined Terms and Conditions of this Agreement.
- You may access, acquire, and use the materials downloaded from
AnnapolisRacing.com subject to these Terms and Conditions in the
following manner:
- a. For personal use
- b. Use on non-profit or non-revenue generating sites related to the sport of Sailing.
B. User's Restrictions on the Use of AnnapolisRacing.com Materials.
You agree not to access, acquire, or use our Materials in any of the
following manners:
- You may not at any time share, sell, give, or allow anyone to use
your username/password, nor access your account for any reason.
- You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
- You may not distribute our Materials electronically or in hard
copy, except as specifically outlined in the User's Rights to Materials
from AnnapolisRacing.com section of this Agreement.
- You may not use any of the Materials downloaded or obtained
from our site in a Website template or any template or design sold
individually or as part of an archive or catalog collection, or an
automated shopping system, under any circumstances.
- You may not allow or authorize any third party to use the
Materials for any purpose at any time or resell, sublicense, or
otherwise make available the Materials for use or distribution
separately or detached from a product or Web page.
- You may not use any download software, internet accelerators,
or other similar software or automated programs to access or download
any materials from our website at any time.
- You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that AnnapolisRacing.com may, in its sole discretion:
- Monitor your download activity from AnnapolisRacing.com as often as
AnnapolisRacing.com determines under its sole discretion for any reason
and for any violation of this Agreement.
- Disable any account that engages in what AnnapolisRacing.com
determines to be a large number of photos on any given day, as such
activity indicates possible EULA violations or abuse of a
username/password and account.
- Limit downloads to a fixed amount of downloads per 24 hour
period, per user, as AnnapolisRacing.com sees fit on an individual
basis, and to ensure the quality of our service is retained to be
delivered to all.
- Investigate any abuse of your username and password in
connection with the AnnapolisRacing.com website or in connection with
this Agreement.
- Take the appropriate action to investigate all potential
abuse, which can lead to contacting the individual involved with the
violations, account suspension, account termination, or other actions
deemed necessary depending on the nature and severity of the
violations, if we are unable to confirm the validity of the activity.
- Terminate your account immediately for any violation of this
agreement, or the Terms and Conditions as defined in this Agreement and
elsewhere on AnnapolisRacing.com, without notice. If your account is
terminated for any violation of this Agreement and/or abuse of your
username or password, and/or our Materials, you lose all rights to
AnnapolisRacing.com Materials, and you must IMMEDIATELY delete any and
all Materials obtained prior to this termination, and forfeit all fees
paid.
D. You understand that Materials are copyrighted and owned by
AnnapolisRacing.comand it's affiliates only, and any unauthorized use
of any of these Materials by you may be an infringement upon said
copyright.
E. AnnapolisRacing.com and all Materials are made
available to you "AS IS","AS AVAILABLE," and "?WITH ALL FAULTS."
AnnapolisRacing.com its employees, directors, and officers and anyone
else associated with AnnapolisRacing.com makes no representation or
warranty, express or implied, including without limitation warranties
of merchantability, fitness for a particular purpose, or
non-infringement. AnnapolisRacing.com further makes no representation
or warranty that your usage of AnnapolisRacing.com will be
uninterrupted, error free of computer viruses, or other damaging
materials. When you login to your account, and access
AnnapolisRacing.com, you do so at your own risk.
F.
AnnapolisRacing.com, its employees, directors, and officers, or anyone
else associated with AnnapolisRacing.com shall not be liable for any
indirect, special, consequential, economic damages including but not
limited to loss of revenue or profits, arising out of the use, or
inability to use, the Materials. AnnapolisRacing.com, its employees,
or related parties, will in no event be liable for any damages to
exceed the amount paid by you for accessing or using
AnnapolisRacing.com, and for accessing, acquiring, and/or using
Materials from AnnapolisRacing.com.
G. AGE OF MAJORITY. You
warrant and attest that you are of the age of majority, and that your
signature shall serve as confirmation and attestation to this
statement. You further agree that you fully understand the contents,
meaning and impact of this agreement. You will not use these Materials
in any way that is not permitted in this Agreement or in violation of
this Agreement. Your use of these Materials will not violate any
applicable law or regulation of any country, state, or other
governmental entity. You further attest that the information you
provide to AnnapolisRacing.com is accurate and true, including without
limitation all credit card information
H. You agree to fully,
indemnify, and hold harmless AnnapolisRacing.com, its employees,
directors, officers, and any other entity associated with
AnnapolisRacing.com, and each of its successors, licensees, and
assigns free and harmless from any and all claims, liabilities, costs,
losses, damages, expenses, including attorneys fees and expenses,
arising in connection with Your use of the Materials and this website
or of any breach or alleged breach of any representation, warranty, or
other promise made by You in this Agreement.
I. ENTIRE
AGREEMENT. You acknowledge that this agreement expresses the parties
entire understanding and agreement, and that there have been no
warranties, representations, covenants, or understandings made by
either party to the other except as expressly set forth in this
agreement. Any modifications to this agreement shall be made in
writing and agreed to by both parties in writing. The parties further
acknowledge that this agreement supersedes, terminates, and otherwise
renders null and void any and all prior or contemporaneous agreements
or contracts, whether written or oral, entered into between the Buyer
and Seller with respect to the matters expressly set forth in this
agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically. |
Licensing
