Just Clicked Online Terms and Conditions
Before you enter the Just Clicked Publications Ltd. ("Just Clicked")
web site, please read the following Terms and Conditions (the
"Terms") carefully. If you agree to these terms, please click the
"Accept
Terms & Conditions" check box below. This will constitute a
binding agreement between you and us and enable you to fully
utilize this web site.
1. Copyright Policy, Representation and Indemnity.
It is illegal to reproduce or distribute copyrighted material
without the permission of Just Clicked or, if different, the
copyright owner. All of the information, content, design
features, software, trademarks and materials appearing,
contained or offered on the Just Clicked web site are
protected by trademark, copyright and other applicable
laws. You may not use, copy, distribute or reproduce such
information, content, software, design features,
trademarks or materials without Just Clicked's prior
written consent.
2. Limitation of Liability
This website and its content are provided "as is" and TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW:
(I) ALL OTHER WARRANTIES (INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT) ARE
EXPRESSLY DISCLAIMED;
(II) WE MAKE NO
WARRANTY THAT JUST CLICKED WEB SITE OR THE
PRODUCTS AND SERVICES AVAILABLE AT THE WEB
SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, OR THAT THIS WEB SITE OR OUR
SERVERS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS;
(III) UNDER NO
CIRCUMSTANCES SHALL WE (OR OUR SUPPLIERS
OR FULFILLERS) BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLES, EVEN IF WE, OR
OUR SUPPLIERS OR FULFILLERS, HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF THE USE OF THE JUST CLICKED
WEB SITE, ANY CHANGES TO THE JUST CLICKED
WEB SITE (OR ITS PRODUCTS AND/OR SERVICES),
OR THE UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA.
Furthermore, you agree that any damage to or loss of a
picture by us (or by our suppliers or fulfillers), through
your own negligence or other fault, will obligate you to
fully indemnify Just Clicked for the full replacement cost
of picture at our option.
3.Accuracy
Just Clicked uses reasonable efforts to ensure the
accuracy, correctness and reliability of the content and
information on the Just Clicked website, but we make no
representations or warranties as to the content and
information accuracy, correctness or reliability.
4. Third Party Links.
If the Just Clicked web site provides links to any third-
party sites, you agree that we have no control over the
content on such sites AND YOU AGREE THAT WE ARE
NOT LIABLE FOR THE PRODUCTS AND/OR
SERVICES OFFERED ON SUCH SITES. You are
responsible for becoming familiar with each site's privacy
policies, other policies and terms of service and
contacting that site's webmaster or administrator with any
concerns. entire cost of all necessary servicing, repair or
correction due to your use of this website.
5. Privacy and Security.
We will protect and use information you provide as set
forth in the Privacy Policy posted on this web site, which is
hereby incorporated in these Terms.
6. Claims.
Any action brought by you hereunder must be brought, if
at all, within one (1) year from the accrual of such cause
of action. These Terms, and any claims hereunder, shall
be governed by the laws of the Islands of Bermuda,
excluding principles of conflicts of laws. The parties hereto
consent to jurisdiction and venue in the courts of
Bermuda.
7. Download Licences
Once you download a Just Clicked image or film clip, or
purchase a Just Clicked CD, your legal relationship with
Just Clicked is governed by one of two Just Clicked Digital
Imagery License Agreements; either the Comping licence
or Product licence. The Comping licence governs the free
comping of images and film clips that you download from
our website and the images and film clips contained in
resource book comping discs. The Comping imagery is
not licensed for use in final projects, whether for internal
or external use. The Product licence governs the
purchase of images or film clips from our website or on
CD and the licences to use them for the specific usage
and print runs and sizes defined on purchase
(pornographic, defamatory, libelous or otherwise unlawful
use of any imagery is prohibited).
8. Use, Reproduction and Distribution
Under the terms of our Product license, the imagery can
be reproduced and/or distributed as part of an
advertisement, book, etc., on a worldwide, perpetual
basis. For all uses Just Clicked requests that a credit
reading " © copyright holder + year." appear adjacent to
the images or on an obvious credits page or screen.
Imagery is not licensed for use in a downloadable or FTP
format.
9. Unlawful Use of Images
Pornographic, defamatory, libelous or otherwise unlawful
use of any Just Clicked imagery, content or information is
prohibited.
10. Miscellaneous.
For purposes of these Terms, "you", and "your" shall
mean you and "we", "us," and "our" means Just
Clicked
and its affiliates and subsidiaries. Title and risk of loss for
products purchased by you through the Just Clicked web
site passes to you upon delivery of the products to our
carrier for shipment to you.
We may assign our rights and
responsibilities hereunder without notice to you. If any part
of these Terms are held invalid or unenforceable, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision most closely
matching the intent of the original provision and the
remainder of the Terms will continue in effect. We reserve
the right to amend or modify these Terms or impose new
conditions at any time.
Such amendments and modifications will be effective
immediately upon giving you notice by any means including,
but not limited to, posting on the Just Clicked web site.
These Terms constitute the entire agreement between
you and us with respect to the subject matter hereof and
supercede all other communications, written or oral, with
regard to the
Service.
Just Clicked¨ Digital Imagery License Agreements:
PRODUCT LICENCE: This is a legal agreement between you
and Just Clicked Publications Ltd. by breaking the CD-ROM seal
or downloading any media and/or software from our website, you
agree to be bound by the terms of this agreement. If you do not
agree, promptly return the CD-ROM and all accompanying
materials in the original carton for a full refund or click on your
browser's back button to decline this agreement. If you are
entering into this agreement on behalf of your employer, the
license granted and restrictions and limitations recited herein
apply to your employer as well as to you as a representative of
your employer. Should you cease working for your employer, your
employer may continue to operate under this agreement.
GRANT OF LICENSE: There are low-resolution comping images,
(the "Low-Resolution Digital Media"), and there may be high-
resolution images and/or film clips (the "High-Resolution Digital
Media"), on each disc. Licensor(s) grant to you, and your
employer if you are licensing on behalf of your employer, a
nonexclusive, nonsublicensable right to use any software obtained
from Licensor(s) ("Software") and any of Licensor(s)' Low-
Resolution Digital Media and High Resolution Digital Media and
any derivatives or copies thereof (collectively, the "Digital Media")
on your personal computer.The Digital Media, Software and disc
may not be shared by creating a disc library, Digital Media storage
jukebox, network configuration or similar arrangement, and you
may not create a network of servers, either with or without a
central location, which enables others to share the Digital Media,
Software or discs. You may not utilize the Digital Media, Software
or disc in any manner that is not expressly permitted in this
license agreement. All rights not specifically granted above are
retained by Licensor(s). One copy of the Digital Media and
Software may be made for backup purposes only, but may be
used only if the original Digital Media or Software becomes
defective, or is destroyed or otherwise irretrievably lost. Except as
specifically provided in this license agreement, no Digital Media,
Software or disc may be shared or copied. Software may be used
only in conjunction with the Digital Media. The Low-Resolution
Digital Media may be used in materials for PERSONAL,
NONCOMMERCIAL use and TEST or SAMPLE use, including
COMPS and LAYOUTS. The Low-Resolution Digital Media may
not be used in any final materials distributed inside of your
company or any materials distributed outside of your company or
to the public, including, but not limited to, advertising and
marketing materials or any online, broadcast or other electronic
distribution system (except that you may transmit comps digitally
or electronically to your clients for their review), and may not be
distributed, sublicensed or made available for use or distribution
separately or individually, and no rights may be granted to the
Low-Resolution Digital Media. The High-Resolution Digital Media
may be used on the agreed (rights, usage, print run, size, and any
other relevant permutation for contained or negotiated price) basis
as a part of:
(i) ADVERTISING and PROMOTIONAL MATERIALS
(including packaging);
(ii) ONLINE or other ELECTRONIC
DISTRIBUTION SYSTEMS (including web page design) and
BROADCASTS or THEATRICAL EXHIBITIONS;
(iii) ANY
PRODUCTS (including for-sale products) or PUBLICATIONS
(electronic or print); and
(iv) materials for PERSONAL,
NONCOMMERCIAL use and TEST or SAMPLE use, including
COMPS and LAYOUTS.
No High-Resolution Digital Media may
be sublicensed, resold or otherwise made available for use or
distribution separately or detached from a product or web page.
For example, High-Resolution Digital Media may be used as an
integral 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 website users. Similarly, clients
may be provided with copies of High-Resolution Digital Media
(including digital files) as an integral part of work product, but may
not be provided with High-Resolution Digital Media or permitted to
use High-Resolution Digital Media separately. Use of the High-
Resolution Digital Media, or any part thereof, as a trademark or
service mark is not permitted.
Pornographic use, use which would be defamatory or libelous absent
the consent of the model or use which is otherwise unlawful is prohibited.
If High-Resolution Digital Media featuring a person is used in a manner
that implies endorsement, use of, or a connection to a product or service
by that model, or a potentially unflattering or controversial subject,
you must print a statement which indicates that the person is a
model and is used for illustrative purposes only. You may not
include the Digital Media in any electronic template or application,
including those which are web-based, where the purpose is to
create multiple impressions of an electronic or printed product,
including, but not limited to, website designs, presentation
templates, electronic greeting cards, business cards or any other
electronic or printed matter. Additional rights available: If you are
unsure of your usage rights under this license agreement, contact
us.
WARRANTY: Licensor(s) warrant the Digital Media, Software
and
disc to be free from defects in material and workmanship for 90
days from delivery. The sole and exclusive remedy for a breach of
the foregoing warranty is the replacement of the Digital Media,
Software or disc or refund of the purchase price, at Licensor(s)'
option. LICENSOR(S) MAKE NO OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Some states do not
permit the exclusion of implied warranties, and you may have
other rights which may vary from state to state. NEITHER
LICENSOR(S) NOR THEIR LICENSORS SHALL BE LIABLE TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS
LICENSE OR OTHERWISE. GENERAL You may not decompile,
reverse engineer, disassemble or otherwise reduce to human-
readable form any image or Software contained on this disc. All
rights to the Digital Media, Software and disc are owned by
Licensor(s) and/or their licensors and are protected by United
States copyright laws, international treaty provisions and other
applicable laws. Licensor(s) and their licensors retain all rights not
expressly granted by this license agreement. The Digital Media,
Software and disc are licensed only to you, or your employer if
you are licensing on behalf of your employer. However, this
license agreement and the license to use the Digital Media and
Software may be transferred to another person or legal entity if
the following conditions are met: you, or your employer if you are
licensing on behalf of your employer, (i) transfer the Digital Media,
Software and disc without keeping or storing any copy, (ii) do not
utilize any Digital Media or Software in the future in any manner,
(iii) transfer this physical agreement to the transferee, and (iv) the
transferee agrees to be bound by the terms hereof. The license
contained in this license agreement will terminate automatically
without notice from Licensor(s) if you, or your employer if you are
licensing on behalf of your employer, fail to comply with any
provision of this license agreement. Upon termination, you, and
your employer if you are licensing on behalf of your employer,
must immediately (i) stop using the Digital Media, Software and
disc, (ii) return the Digital Media, Software and disc and all copies
of all of them to Licensor(s), and (iii) delete any Digital Media and
Software and all copies of all of them from all magnetic media and
destroy all other copies or, upon request of Licensor(s), return all
such copies to Licensor(s). Use of the Digital Media and Software
must be in compliance with all applicable law, including, but not
limited to, laws and regulations relating to currency and the law of
moral rights. Licensor(s) reserve the right to discontinue the use of
any Digital Media for any reason and to elect to replace the Digital
Media with alternate Digital Media. Upon notice of any
discontinuance of a license for any particular Digital Media, you,
and your employer and your client if applicable, agree not to use
such Digital Media in the future. The Digital Media, Software and
disc are "Restricted Computer Software" and, when provided to or
for, or used on behalf of, the United States of America, its
agencies and/or instrumentalities (the "U.S. Government"), are
provided with "Restricted Rights." Use, duplication or disclosure
by the US Government is subject to restrictions as set forth under
the United States copyright laws and this license agreement, and
as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995),
DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-
19(a)-(d), as applicable. Online Privacy Statement
Updated 02/13/03
COMPING LICENCE: This is a legal agreement between you and
Just Clicked Publications Ltd by breaking the CD-ROM seal or
downloading any media and/or software from our website, you
agree to be bound by the terms of this agreement. If you do not
agree, promptly return the CD-ROM and all accompanying
materials in the original carton for a full refund or click on your
browser's back button to decline this agreement. If you are
entering into this agreement on behalf of your employer, the
license granted and restrictions and limitations recited herein
apply to your employer as well as to you as a representative of
your employer. Should you cease working for your employer, your
employer may continue to operate under this agreement.
GRANT OF LICENSE: There are low-resolution comping images,
(the "Low-Resolution Digital Media"), and there may be high-
resolution images and/or film clips (the "High-Resolution Digital
Media"), on each disc. Licensor(s) grant to you, and your
employer if you are licensing on behalf of your employer, a
nonexclusive, nonsublicensable right to use any software obtained
from Licensor(s) ("Software") and any of Licensor(s)' Low-
Resoulution Digital Media and High Resolution Digital Media and
any derivatives or copies thereof (collectively, the "Digital Media")
on your personal computer. The Digital Media, Software and disc
may not be shared by creating a disc library, Digital Media storage
jukebox, network configuration or similar arrangement, and you
may not create a network of servers, either with or without a
central location, which enables others to share the Digital Media,
Software or discs. You may not utilize the Digital Media, Software
or disc in any manner that is not expressly permitted in this
license agreement. All rights not specifically granted above are
retained by Licensor(s). One copy of the Digital Media and
Software may be made for backup purposes only, but may be
used only if the original Digital Media or Software becomes
defective, or is destroyed or otherwise irretrievably lost. Except as
specifically provided in this license agreement, no Digital Media,
Software or disc may be shared or copied. Software may be used
only in conjunction with the Digital Media. The Low-Resolution
Digital Media may be used in materials for PERSONAL,
NONCOMMERCIAL use and TEST or SAMPLE use, including
COMPS and LAYOUTS. The Low-Resolution Digital Media may
not be used in any final materials distributed inside of your
company or any materials distributed outside of your company or
to the public, including, but not limited to, advertising and
marketing materials or any online, broadcast or other electronic
distribution system (except that you may transmit comps digitally
or electronically to your clients for their review), and may not be
distributed, sublicensed or made available for use or distribution
separately or individually, and no rights may be granted to the
Low-Resolution Digital Media. The High-Resolution Digital Media
may not be used pursuant to this Licence
WARRANTY: Licensor(s) warrant the Digital Media, Software
and
disc to be free from defects in material and workmanship for 90
days from delivery. The sole and exclusive remedy for a breach of
the foregoing warranty is the replacement of the Digital Media,
Software or disc or refund of the purchase price, at Licensor(s)'
option. LICENSOR(S) MAKE NO OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Some states do not
permit the exclusion of implied warranties, and you may have
other rights which may vary from state to state. NEITHER
LICENSOR(S) NOR THEIR LICENSORS SHALL BE LIABLE TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES ARISING OUT OF THIS
LICENSE OR OTHERWISE. GENERAL You may not decompile,
reverse engineer, disassemble or otherwise reduce to human-
readable form any image or Software contained on this disc. All
rights to the Digital Media, Software and disc are owned by
Licensor(s) and/or their licensors and are protected by United
States copyright laws, international treaty provisions and other
applicable laws. Licensor(s) and their licensors retain all rights not
expressly granted by this license agreement. The Digital Media,
Software and disc are licensed only to you, or your employer if
you are licensing on behalf of your employer. However, this
license agreement and the license to use the Digital Media and
Software may be transferred to another person or legal entity if
the following conditions are met: you, or your employer if you are
licensing on behalf of your employer, (i) transfer the Digital Media,
Software and disc without keeping or storing any copy, (ii) do not
utilize any Digital Media or Software in the future in any manner,
(iii) transfer this physical agreement to the transferee, and (iv) the
transferee agrees to be bound by the terms hereof. The license
contained in this license agreement will terminate automatically
without notice from Licensor(s) if you, or your employer if you are
licensing on behalf of your employer, fail to comply with any
provision of this license agreement. Upon termination, you, and
your employer if you are licensing on behalf of your employer,
must immediately (i) stop using the Digital Media, Software and
disc, (ii) return the Digital Media, Software and disc and all copies
of all of them to Licensor(s), and (iii) delete any Digital Media and
Software and all copies of all of them from all magnetic media and
destroy all other copies or, upon request of Licensor(s), return all
such copies to Licensor(s). Use of the Digital Media and Software
must be in compliance with all applicable law, including, but not
limited to, laws and regulations relating to currency and the law of
moral rights. Licensor(s) reserve the right to discontinue the use of
any Digital Media for any reason and to elect to replace the Digital
Media with alternate Digital Media. Upon notice of any
discontinuance of a license for any particular Digital Media, you,
and your employer and your client if applicable, agree not to use
such Digital Media in the future. The Digital Media, Software and
disc are "Restricted Computer Software" and, when provided to or
for, or used on behalf of, the United States of America, its
agencies and/or instrumentalities (the "U.S. Government"), are
provided with "Restricted Rights." Use, duplication or disclosure
by the US Government is subject to restrictions as set forth under
the United States copyright laws and this license agreement, and
as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995),
DFARS 252.227.7013(c), FAR 12.212(a) (1995), or FAR 52.227-
19(a)-(d), as applicable.