TERMS AND CONDITIONS OF USE
You agree to access, acquire, and use the Content under the following Terms and Conditions:
1.. These Terms and Conditions constitute a legal Agreement between You and Groovy Productions S.r.l.
2.. Groovy Productions S.r.l. grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
3.. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via GroovyModels.com, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
1.. in magazines, newspapers, book covers, and interiors of books as a design element.
2.. as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others. Use in a Web site template requires a separate license and fee, and you may obtain information about such a license from firstname.lastname@example.org
3.. as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.
4.. in connection with your business or entity, eg corporate identity documents, and letterhead.
5.. as decor in an office, lobby, or public area, restaurant, or retailstore.
6.. as design elements in video, film, or television broadcasts.
4.. You may NOT:
i. distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
ii. authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
iii. share Content across a network, on a CD, or in any other way;
iv. under any circumstances, use automated or programmatic means or methods to download Content;
v. use Content in any logo or part of any trademark;
vi. use Content in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. You may contact email@example.com to find out about a special license for such use; vii. under any circumstances, use Content in connection with any pornographic, obscene, immoral, or illegal materials.
5.. You understand that Content is copyrighted and may be owned by a third party, and any unauthorized use by you may be an infringement of such copyright. You also understand that the USA prohibits export of materials to certain countries and you will abide by such restrictions.
6.. You understand and agree that GroovyModels.com may, in its sole discretion, (a) monitor anything you download from the GroovyModels.com website, as frequently as GroovyModels.com in its sole discretion determines, for any violation of this Agreement, (b) flag all users who download more than 50 photos per day, as such activity indicates potential EULA violations or abuse of a username and password, (c) limit downloads to a fixed amount of total downloads per 24 hour period, per user, as to insure the best possible service to all GroovyModels.com clients, (d) track any abuse of your username and password in connection with the GroovyModels.com website or in connection with this Agreement, (e) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content, and (f) terminate your account, without notice, if it finds what GroovyModels.com believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to GroovyModels.com Content, must immediately delete all Content acquired from GroovyModels.com, and forfeit all fees paid.
7.. GroovyModels.com and the Content are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." GroovyModels.com, its employees, directors, and officers, and anyone else associated with GroovyModels.com disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of GroovyModels.com will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. GroovyModels.com, its employees and officers, and anyone else acting on behalf of GroovyModels.com also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort.
GroovyModels.com, its employees, directors, and officers, and anyone acting on behalf of GroovyModels.com make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither GroovyModels.com, its employees, directors, and officers, nor anyone acting on behalf of the GroovyModels.com website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
8.. In no event will GroovyModels.com, its employees, directors, and officers, or anyone else associated with GroovyModels.com be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if GroovyModels.com has been advised of the possibility of such damages. In no event will the liability of GroovyModels.com, its employees, or related parties exceed the amount paid by you for accessing or using GroovyModels.com and for accessing, acquiring, and/or using Content from GroovyModels.com.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9.. You represent and warrant that:
a . You are at least 18 years of age and have the right to enter into this Agreement;
b. You do not reside in any country to which export of USA products are prohibited or restricted;
c. You will not use the Content in any way that is not permitted by this Agreement;
d. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
e. The information you provide the GroovyModels.com site is accurate and true, including without limitation all credit card information.
10.. You agree to fully defend and indemnify GroovyModels.com, its employees, directors, and officers, and anyone else associated with GroovyModels.com, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
11.. This Agreement constitutes the entire agreement between You and GroovyModels.com regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.
Failure by GroovyModels.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
The Italian law governs this Agreement. The parties consent to jurisdiction over them in Italy, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by the Italian law.
12.. You have agreed, and reaffirm your agreement to conduct this transaction electronically.
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