Terms of Use
This Agreement governs the terms of use for the dlcbuy.com Site. Information regarding the rights and licenses on usage of royalty-free files is given in the Standard and Extended License Agreements.
This Site is owned and operated by Athorus Limited, a company duly incorporated in accordance with the laws of the United Kingdom and registered under number 14000975. Access to all Site files and functions is given to the User on the condition that he/she accepts and agrees with the Terms of Use of the Site. Use of the Site indicates the User’s consent with these Terms. If the User does not agree with the current Terms of Use, he/she should leave the Site.
Dlcbuy.com retains the right to revise and change the Terms of Use at any time without notification of the User. The User agrees that to gain full and updated information on the Terms of Use he/she should periodically review this section. The User’s ongoing use of the Site after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes.
The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.
1. INTELLECTUAL PROPERTY
All of the Site assets, including the system of organization and presentation of the files at the Site, are the property of XXXX and its shareholders, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.
In case of absence of a separate written agreement with Dlcbuy.com (such as the Standard License Agreement), unconditioned use of the files offered at the Site without written permission of Dlcbuy.com is prohibited.
Files available at the Site may be copied and used for private use by the User solely for non-commercial or educational purposes only. Also, it is forbidden to change the files in any way (for example, to delete or hide copyright marks). The User has no right to create derivative works from the files presented at the Site or use them otherwise.
2. CONFIDENTIALITY
Dlcbuy.com respects the confidentiality of private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of the User’s confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document.
3. SITE UPDATES
Dlcbuy.com regularly updates technical, content and other information on the Site. Nevertheless, Dlcbuy.com makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. Dlcbuy.com is able to add, review or delete information, resources and services posted on the Site. Also, Dlcbuy.com reserves the right to make changes to the Site without prior notification.
4. LINKS TO OTHER SITES
There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Dlcbuy.com. Also, Dlcbuy.com does not warrant their safety and accordance with the User’s expectations. Dlcbuy.com shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Dlcbuy.com, or to the use of services available from third-party sites.
5. SOFTWARE AND COMPUTER VIRUSES
At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.
Dlcbuy.com is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. Dlcbuy.com strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.
6. FILES PRESENTATION FORMAT
The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. Dlcbuy.com does not guarantee that the Site content, its work or the Site as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.
6A. INTELLECTUAL PROPERTY RIGHTS
Dlcbuy.com licenses do not not entitle you to the File’s copyright and/or intellectual property rights. All copyright and/or other intellectual property rights to the File are reserved by Dlcbuy.com and/or the contributor of the File. Additionally, Dlcbuy.com shall grant you the right to download and use watermarked sample free of charge solely for the purpose of evaluation and testing of a File prior to purchase.
6B. PROHIBITED USE OF FILES
You may not:
- Make the File available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;
- Transfer, resell, sub-license, rent, donate or otherwise transfer the File or rights to it to third parties;
- Сreate conditions under which the File may be extracted from a product or content;
- Allow third parties access to the File for further use;
- Use the unmodified File in an e-format with resolution larger than the display resolution of the intended viewing device;
- Use a File marked “Editorial Use Only” for commercial purposes;
- Use the File to create an official logo, company name, trademark or otherwise register any intellectual property rights in and to the Files with any governmental authority or non-governmental organization;
- Use the File in a way that infringes the File’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
- Use the File for SPAM mailings;
- Use the File in a way that competes with Dlcbuy.com business;
- Display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses the items or services of any venture or trademark;
- Show a person depicted in the File in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
- Use the File for pornographic, illegal or immoral purposes;
- Use the File in items or products that could embarrass or humiliate a person or model in the File;
- Use the File for advertisement or promotion of tobacco or alcohol products;
- Display, use or post the File (except music) in a way that would lead to the conclusion that the model in the File approves of or endorses any political party, policy, candidate, or elected official.
Any forbidden use of the File shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, Dlcbuy.com reserves the right to recall your license of any File you have used in a manner considered as copyright infringement.
7. LIABILITY LIMITATION
The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site without limitations.
Dlcbuy.com and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Terms of Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event Dlcbuy.com was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
Total aggregate liability of Dlcbuy.com in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten US dollars ($10.00).
8. INDEMNIFICATION
Consenting to the terms of this Agreement, the User agrees to indemnify, defend and hold Dlcbuy.com, its affiliates, its Content contibutors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Dlcbuy.com parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Dlcbuy.com Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of the terms of this Agreement.
9. PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS
Dlcbuy.com respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to Dlcbuy.com including the following information:
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Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
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Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached;
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Description of the place at the Site where this material was placed;
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The e-mail address, phone number and physical address of the User;
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The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner;
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A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.
The letter including all of the above data should be addressed XXXXX and submitted by e-mail at [email protected]
10. APPLICABLE LAW
The validity, interpretation and enforcement of this Terms of Use, matters arising out of or related to performance or breach of this Terms of Use, and related matters shall be governed by the internal laws of the Republic of the Czech Republic. Any legal action or proceeding concerning the validity, interpretation and enforcement of this Terms of Use, matters arising out of or related to performance or breach of this Terms of Use, and related matters, shall be brought exclusively in the courts located in the Czech Republic. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Terms of Use.
11. GENERAL PROVISIONS
Dlcbuy.com failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.
12. CONTACTS
For any questions in connection with the provisions of this document, please contact Dlcbuy.com using the contact information below.
Contact information:
E-mail: [email protected]
13. ACKNOWLEDGEMENT
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF Dlcbuy.com AGREEING TO PROVIDE THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND Dlcbuy.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND DLCBUY.COM RELATING TO THE SUBJECT OF THIS AGREEMENT.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.