- By "Image" it is meant a frame and by "Resulting Image" a resulting framed image.
- By "Designer" or "Owner" it is meant Likno Software.
License for Personal (Non Professional, Non-Commercial) Use
The "Personal Use" License involves the use of the images only for display, non-commercial purposes.
- Upon your payment of the purchase price for the "Image", you are granted a non-exclusive, non-transferable right to use and reproduce the "Image" and/or "Resulting Image" in professional printed materials, or any electronic or digital form. In the latter case, each "Image" and/or "Resulting Image" should be incorporated into a design in such a manner to make it clear that the "Image" is not intended to be separately downloaded, copied, or distributed.
- You can use the "Image" or "Resulting Image" only for display in websites, albums, project and other channels of the sort that do not involve any sale/resale, whether on-line or not of the "Image" or "Resulting Image".
The above is subject to the following restrictions. Without limitation you may not:
- Use "Image" and/or "Resulting Image" for professional use. By professional use it is meant the use from where selling, distributing or exchanging of "Image" and/or "Resulting Image" is involved (see Professional Use License below).
- "Non-transferable" means that the work you produce using an "Image" must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image, or the right to use an "Image", and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate the "Image". You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the "Image".
- Use or display the "Image" in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
- Use of the "Image" and/or "Resulting Image" as a trademark or service mark.
- Use of the "Image" and/or "Resulting Image" in a fashion that is considered by FrameShow.com (Likno Software) (acting reasonably) as or under applicable law as pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the "Image" into disrepute.
Use or display of the "Image" and/or "Resulting Image" that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the "Resulting Image"
- Use of the "Image" and/or "Resulting Image" to violate any person's right of privacy or publicity.
- Use of the "Image" and/or "Resulting Image" to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.
- Use of the "Image" and/or "Resulting Image" in cases covering sensitive subjects including, without limitation, topics that may depict the subject matter of the "Resulting Image" in a negative or unfavorable light or subject persons to ridicule.
- Use of the "Image" and/or "Resulting Image" for a purpose in respect of which a model or property release is required should such a release not be available. You shall check that "Image" and/or "Resulting Image" has the appropriate releases before using "Image" and/or "Resulting Image" for such a purpose.
License for Professional (Commercial) Use
The "Professional Use" License follows the same terms as the "Personal Use" License, as well as grants you additional privileges based on those terms for professional-commercial use, such as:
- You are allowed to sell the "Resulting Image" (not the "Image") in printed materials, or any electronic or digital form.
- Use the "Resulting Image" intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, and brochure design templates.
- Use the "Resulting Image" on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items.
- Use the "Resulting Image" in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit.
- Use "Resulting Image" as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
Without limitation, you may not:
- Incorporate an "Image" in any product that results in the re-distribution or re-use of the "Image" (such as, web templates and the like) or is otherwise made available in a manner such that a person can extract, access or reproduce the "Image" as an electronic file. To the extent that source code is contained within "Image", reverse engineer, decompile, or disassemble any part of such source code.
- Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the "Image".
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute "Image" or the rights granted under this Agreement.
- Install and use the "Image" in more than one location at a time or post a copy of the Content on a network server or web server for use by other users.
- Use or display the "Image" in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
- Use "Image" for editorial purposes without including the following credit adjacent to "Image": FrameShow.com
- Either individually or in combination with others, reproduce the "Image" or "Resulting Image", or an element of both, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production. In the event you contravene the above without purchasing an Extended License, you further agree to notify FrameShow.com (Likno Software) in the event that you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to FrameShow.com (Likno Software) each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 500,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only be require disclosure of those reproductions which are in excess of 500,000. FrameShow.com (Likno Software) shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.
You shall indemnify and defend the designer (Likno Software) against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this agreement, (ii) the use or modification of any image (frame) or combination of any image (frame) with any other material, (iii) your failure to abide by any restriction regarding the use of an image, or (iv) any claim by a third party related to the use of an image (frame), alone or in combination with any other material.
The designer (Likno Software) has ownership of the copyright for the frame(s).
FrameShow.com is a site that offers you a platform for the enhancement and pesonalization of photos through different channels. Channels include, but are not limited to, the Photo Frame Show Online Gallery, the Photo Frame Show desktop application, Photo Frame Show E-Card Service, external applications, etc from where User can access frames and create resulting frames images with.
"FrameShow.com" is the interactive online service operated by FrameShow.com on the Internet. User means any person who establishes or accesses connection to FrameShow.com for access to and use of FrameShow.com.
DESCRIPTION OF SERVICE
FrameShow.com is a site that offers you a platform for the enhancement and pesonalization of photos through different channels. Channels include, but are not limited to, the Photo Frame Show Online Gallery, the Photo Frame Show desktop application, Photo Frame Show E-Card Service, external applications, etc from where User can access frames and create resulting frames images with. In consideration for this Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly, FrameShow.com retains the right to terminate User's rights to use the Service.
(A) This Agreement, which incorporates by reference other provisions applicable to use of FrameShow.com, sets forth the terms and conditions that apply to use of FrameShow.com by User. By using FrameShow.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use FrameShow.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) FrameShow.com shall have the right at any time to change or discontinue any aspect or feature of FrameShow.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
FrameShow.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of FrameShow.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on FrameShow.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of FrameShow.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
(A) User shall use FrameShow.com for lawful purposes only. User shall not post or transmit through FrameShow.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FrameShow.com' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FrameShow.com' discretion restricts or inhibits any other User from using or enjoying FrameShow.com will not be permitted. User shall not use FrameShow.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with FrameShow.com.
(B) FrameShow.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, graphics, and the entire contents of FrameShow.com are copyrighted as a collective work under copyright laws. FrameShow.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FrameShow.com. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on FrameShow.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of FrameShow.com, User automatically grants, or warrants that the owner of such material has expressly granted FrameShow.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants FrameShow.com the right to edit, copy, publish and distribute any material made available on FrameShow.com by User.
(D) The foregoing provisions of Section 5 are for the benefit of FrameShow.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF FrameShow.com IS AT USER'S SOLE RISK. NEITHER FrameShow.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FrameShow.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FrameShow.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FrameShow.com.
(B) FrameShow.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.FrameShow.com DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FrameShow.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT FrameShow.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL FrameShow.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FrameShow.com OR THE FrameShow.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FrameShow.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FrameShow.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FrameShow.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FrameShow.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER FrameShow.com NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
FrameShow.com shall have the right, but not the obligation, to monitor the content of FrameShow.com, to determine compliance with this Agreement and any operating rules established by FrameShow.com and to satisfy any law, regulation or authorized government request. FrameShow.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FrameShow.com. Without limiting the foregoing, FrameShow.com shall have the right to remove any material that FrameShow.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless FrameShow.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FrameShow.com by User or User's Account.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall FrameShow.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if FrameShow.com or a FrameShow.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall FrameShow.com' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all FrameShow.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from FrameShow.com if in FrameShow.com' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other FrameShow.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties
Questions concerning these agreements may be directed to Likno Software at: email@example.com.
Email address for termination of these agreements: firstname.lastname@example.org
These agreements shall be governed by the laws of Greece.