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This is an AGREEMENT between YOU, as the User or Purchaser, and our site www.jdmoka.com, as the Owner. By availing our products, digital images or photographs, you agree to be bond by this terms and agreement which state but not limited to the following: 1. By availing our products, digital images or photography, you agree that any digital images or photographs delivered to you by www.jdmoka.com or JD Moka Designs by CD-ROM, download online, or by any other means are not sold to you. You only have the right-to-use the digital images or photograph according to our approved uses. 2. By availing our products, digital images or photography, you agree that www.jdmoka.com or JD Moka Designs retain the rights of ownership of the digital images or photography and therefore you may never sell, resale, distribute any digital images or photography purchased from us. 3. By availing our products, digital images or photography, you agree that only you or any member of your immediate company or organization are allowed to use or manipulate the digital image purchased and anyone approved to use the digital image should be fully aware and agree this terms and agreements. 4. By availing our products, digital images or photography, you will be granted a non-exclusive, non-transferable, non-resalable and royalty-free right to copy, reproduce, transmit and display the digital image or photography in an unlimited quantity for the following uses: a. media broadcast b. publications including magazines and newspaper c. annual reports d. editorial e. media covers (example CD, DVD) f. product packaging g. or any other uses that are not primarily focus on the digital image or photography. Other uses not mentioned above may be allowed upon written approval. 5. By availing our products, you agree that you will never use the digital images or photography files in any products for resale where the design are primarily concentrated or focus on our image for the following uses but not limited to calendar, mugs, apparel, postcards, greeting cards, stationery, art prints, posters, decorative products or accessories. 6. By availing our products, digital images or photography, you have the privilege to edit, modify, change, manipulate, crop, and produce derivative works of the digital images or photograph. You have the privilege to use it in whole or in part in any of the approved uses. However, you may never claim copyright, trademark or ownership in any altered or enhanced digital images or photographs. 7. By availing our products, digital images or photography, you agree that for digital images or photographs used for editorial purposes must be accompanied by the following credit: Image by JDMoka.com. 8. By availing our products, digital images or photography, you agree that you may never claim the digital image or photograph as your own work or property. 9. By availing our products, digital images or photography, you agree that you may never post the digital image or photograph in whole or in part on any kind of network including but not limited to internet, computer bulletin boards, chat rooms, online community for the purpose of access and/or distribution. 10. By availing our products, digital images or photography, you agree that you may never use the digital image or photograph in whole or in part in any illegal manner including but not limited to pornography, scams, etc. 11. By availing our products, digital images or photography, you agree that you make one or two backup copy of original Digital Image or Photography and such backup or copy must be put aside for the purpose of archival and/or backup only and should never be distributed or resale to anyone at anytime. 12. Any digital images or photographs purchased from JD Moka Designs and/or www.jdmoka.com will be delivered via snail mail (postal) and therefore during payment process we require your full name as the recipient and valid and complete postal address for delivery of one CD-ROM containing the digital image or photograph purchased. For special requests like two copies instead of one, we require additional shipping cost to cover additional expenses, otherwise one CD-ROM delivery is free shipping for a paid purchased of one or more digital images or photographs. Liability and Warranties of this Terms and Agreements Only written and signed waiver and/or agreement issued by JD Moka Designs and/or www.jdmoka.com may be considered valid construed as a waiver of any provision of this Terms and Agreement. JD Moka Designs and/or www.jdmoka.com grants no rights and makes no warranties with regard to the use of names, copyrights, trademarks, trade dress, registered, unregistered designs or works of art or architecture in any of our Digital Image or Photography. You the User and/or Purchaser must obtain any necessary rights or consents that may be required for reproduction. JD Moka Designs and/or www.jdmoka.com grants no rights and no warranties with regard to the use of any of our Digital Image or Photography that may include a person, object or place that may require a model or property release. You agree that JD Moka Designs and/or www.jdmoka.com does not represent any model or property release as valid, if provided to you by us upon request. To the best of JD Moka Designs and/or www.jdmoka.com?s knowledge, the Digital Image or Photography that you avail is not pornographic, libelous, defamatory or obscene, and does not infringe on any rights of copyright or other intellectual property or proprietary rights of third parties. By availing our products you agree that no right of action shall accrue against JD Moka Designs and/or www.jdmoka.com in the event of the Digital Image or Photography being deemed or found to be pornographic, libelous, defamatory or obscene or an infringement of third party rights. By availing our products, the Digital Image or Photography, you agree to retain total control and possession of Digital Image or Photography at all times and ensure that the Digital Image or Photography are kept in safe and secure storage locations and shall not allow the Digital Image or Photography to come into the possession of third parties who are not a member of your immediate company or office. JD Moka Designs and/or www.jdmoka.com makes no other warranties, expressed or implied, regarding the digital image or photography, as to merchantability, fitness for a particular purpose, or otherwise. Without limiting the foregoing, JD Moka Designs and/or www.jdmoka.com shall in no event be liable to you as the purchaser or the licensee, or any other third party, person or entity for any general, punitive, direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, arising out of the your use as a Licensee or inability to use the Digital Image or Photography, this terms and agreement, any invoice regarding the Digital Image or Photography or otherwise, even if JD Moka Designs and/or www.jdmoka.com has been notified of the possibility of such damages in advance. By availing our products, Digtial Image or Photography, you as the User and/or Purchaser, agrees to indemnify and hold JD Moka Designs and/or www.jdmoka.com harmless against all claims arising out of any breach of this Terms and Agreement. Any breach of the terms of this Terms and Agreement shall be cause for termination and will terminate automatically without prior notification from JD Moka Designs and/or www.jdmoka.com. In the event of termination, and without limitation of any remedies under law and equity, you agree that the use of the Digital Image or Photography must be stop and the Digital Image or Photography must be destroyed, deleted or removed from your premises, computer systems and storage systems (electronic and/or physical). JD Moka Designs and/or www.jdmoka.com have the right to modify at anytime any contents of this Terms and Agreement without prior notifications. It is your sole responsibility as the user and/or purchaser of our product to be aware of our current Terms and Agreement. We may try to inform you of any amendments but we are not obliged to do so. |
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