TERMS AND CONDITIONS PERTAINING TO:
DIGITAL IMAGES

THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE USE OF DIGITAL IMAGES AMONG YOU (Customer) AND WEBSITE PROS INCORPORATED. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY WEBSITE PROS WITHIN THIRTY (30) DAYS OF YOUR ORDER AND THE SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE TO NOTIFY WEBSITE PROS OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.

IN ADDITION, THE CUSTOMER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM WEBSITE PROS, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS WILL BE PRESENTED TO THE CUSTOMER AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS THE CUSTOMERS' OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND ON: www.websitepros.com/html/terms_and_conditions.html.

Website Pros reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Website Pros may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Website Pros' posting of any changes or modifications will constitute your acceptance of such changes or modifications.

Website Pros’ products may contain clipart and photo images (collectively referred to as the “Images”) which are either owned by Website Pros or licensed from a third party including, but not limited to, JupiterImages Corporation. As a user of this product you are free to use, modify and publish the Images as you wish subject to the restrictions set forth below.

A.CUSTOMER MAY, subject to any restrictions set out below:
 

1. Incorporate any Images into your own original work and publish, display and distribute your work on your website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or Web page. For example, the Images may be used as 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 others. Similarly, Customer may be provided with copies of the Images (including digital files) as an integral part of a work product, but may not be provided with the Images or permitted to use the Images separately or as part of any other product;
    
2. Back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information;
    
3. In the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed.

B. CUSTOMER MAY NOT

1. Create scandalous, obscene, defamatory or immoral works using the Images, nor use the Images for any other purpose which is prohibited by law;
    
2. Use the Images or any part of it as part of a trademark, service mark, or logo. Website Pros and those third parties from whom they have licensed images retain the full rights to the Images, and therefore Customer cannot establish their own rights over any part of it;
    
3. Remove any copyright or trademark from any place where it appears on the Images or its accompanying materials;
    
4. Rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity. Customer may, however, transfer all its license to use the Images to another person or legal entity, provided that (i) Customer transfers the Images and this License, including all copies (except copies incorporated into Customer’s work product as permitted under this License), to such person or entity, (ii) that Customer retains no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
    
5. Transfer the rights to the Images, CD-ROM or accompanying materials (if applicable), except as specifically provided for elsewhere in these Terms and Conditions. All other rights are reserved by Website Pros and those third parties from whom they have licensed images;
    
6. Reverse engineer, decompile, or disassemble any part of the Images, CD-ROM or accompanying materials (if applicable), subject to applicable law;
    
7. Copy or reproduce the Images, CD-ROM or accompanying materials (if applicable);
    
8. Display the Images in any digital format or for any digital use at a resolution greater than 640x480 pixels, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Images in violation of this Agreement. Website Pros is specifying this so that no one can steal the Images from you, even if that was not your intention;
    
9. Re-sell, distribute or sub-license the Images, CD-ROM (if applicable), or the rights to use the Images to anyone for any purpose, except as specifically provided for elsewhere in this Agreement. It is the specific intent of this provision to prohibit a Customer from using the Images in a product whereby the Purchaser of that product can then use the Images for its own purposes;
    
10. Customer agrees not to use the Images in any way that could be considered defamatory, libelous, pornographic, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. Customer agrees not to use Images as part of any use involving sensitive subject matter, as determined by Website Pros, including but not limited to the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, Homosexual or alternative lifestyles issues, and physical or mental abuse, without advance written consent from Website Pros and any model in such Image. Sensitive subject usage pertains to both commercial and editorial uses.

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