Terms of Use Agreement for Image Downloads
1. Definitions
- Personal Use: Use by an individual for non-commercial, private purposes such as personal enjoyment, education, or home decoration.
- Non-Profit Use: Use by non-profit organizations for activities that do not generate income.
- Commercial Use: Any use of the images for business purposes including but not limited to selling, promoting, advertising, or any activity where the image is used to generate profit.
2. License Grant
- The purchaser is granted a non-exclusive, non-transferable license to use the images for:
- Personal Use: You may use the images for personal enjoyment, educational purposes, or home decoration.
- Non-Profit Use: You may use the images in activities organized by or for non-profit organizations where no profit is made from the use of the image.
- Transfer Between Personal Devices: You may transfer the images between your personal devices for personal use only.
3. Restrictions
- No Third-Party Transfers: You may not transfer, sublicense, or distribute the images to any third party.
- No Resale: You are prohibited from selling, licensing, or otherwise commercializing the images in any form.
- No Commercial Use: The images must not be used for any commercial purpose unless specifically outlined in Section 4 below.
4. Commercial Use Conditions
- If the images are used for any commercial purpose, including but not limited to advertising, product packaging, or public display where admission is charged:
- Profit Sharing: You must share 50% of any profits generated from such use with the artist (Hugh Mungus). There is no cap on the amount payable to the artist.
5. Enforcement
- The artist reserves the right to monitor usage of the images to ensure compliance with these terms. Violation of these terms may result in legal action for copyright infringement, and you agree to indemnify the artist for any losses incurred due to misuse.
6. Warranty
- The images are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7. Termination
- This agreement will terminate automatically without notice from the artist if you fail to comply with any term(s) hereof. Upon termination, you must cease all use of the images and destroy all copies, whether in electronic or printed format.
8. Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
By downloading or using the images, you agree to be bound by the terms of this agreement. If you do not agree with these terms, do not download or use the images.