THIS IS A SAMPLE DOCUMENT. USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS DISPLAYED ON WWW.CAEUS.COM
Please read this agreement in its entirety before you continue to use this web site or download any images.
These terms and conditions ("terms") constitute a legal agreement between you and caeus.com. ("caeus.com", "we" or "our"). Please read these terms carefully before using this web site. If you do not accept these terms, do not use this web site. By signing up, clicking on the button that stipulates agreement to the following terms and by using this web site, you agree to be bound by the terms and conditions of this agreement ("agreement"). You must also read in full our separate Privacy Policy for information concerning how we deal with the personal information with which you provide us.
You agree to indemnify caeus.com, its subsidiaries, affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorised use of this web site and its content and related rights.
caeus.com reserves the right to modify this agreement at any time without notice.
[Top]This web site is owned and operated by caeus.com, which is based in the UK. Unless specifically stated otherwise, all of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("content"), is owned by caeus.com, its licensors and its content providers.
All elements of caeus.com's web sites, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with caeus.com or one of its subsidiaries, no portion or element of this web site or its content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of caeus.com or its licensors unless otherwise expressly agreed.
Images, other than watermarked images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Watermarked images may only be used for your internal "comps" and layouts. caeus.com does not grant you any licence to use these images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, caeus.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images. Any image(s) acquired from this web site, watermarked or otherwise, may be cropped, edited or altered in any way as is seen fit to make the image(s) suitable for use for the desired purpose. However, you surrender the exclusive legal rights and ownership of any image(s) derived from image(s) acquired from this web site back to caeus.com who shall remain the sole legal owners of the image(s) in whatever form they may take.
Where an image has, or images have been, licensed, whether watermarked or otherwise, for limited or otherwise use for a particular purpose, circumstance or type of media, the image may not under any circumstances be used for any other purpose whatsoever, unless expressly agreed upon and after a separate licence agreement has been entered into, confirming the additional license agreement for the particular image or images. In the event of a breach of the license agreement regarding a particular image or images, all licenses for that particular image or images may be made null and void at caeus.com's sole discretion and you will no longer be permitted to use them for any purpose or store them in any retrieval system, electronic or otherwise. In cases of serious breach, legal action may be pursued in order to protect caeus.com's interests.
Once a license to use a particular image or images has been purchased, no refunds will be available without specific and infallible proof that you have completely deleted to the best of your knowledge any copy of the image or images, and that no image or images have been used commercially or distributed internally or externally. All refunds, unless the sale is found to be in breach of the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or the Sale and Supply of Goods Act 1994, will be given at the sole discretion of caeus.com. All images remain perpetually the sole property of caeus.com and in the event of a cancellation of a license agreement, whether due to refund, breach or otherwise, it is your responsibility that all copies of the image(s) concerned be completely deleted. If additional copies are discovered at a later date, these must be deleted immediately also.
[Top]caeus.com gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the images contained on this web site. You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of any images have been secured.
This web site and its content are provided "as is" and "as available" and caeus.com excludes to the fullest extent permitted by applicable law any liability or warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this web site are not warranted to be uninterrupted or without error. You, not caeus.com, assume the entire cost of all necessary servicing, repair or correction due to your use of this web site.
Except as specifically stated in these Terms and Conditions, the Privacy Policy, or elsewhere on this web site, or as otherwise required by applicable law, neither caeus.com nor its directors, employees, licensors, content providers, affiliates or other representatives will under any circumstances whatsoever be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, misuse of, your inability to use, or the performance of this web site or the content whether or not we have been advised of the possibility of such damages.
caeus.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
There may be links to other web sites from the caeus.com web site; however, these other web sites are not controlled by caeus.com and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against caeus.com regarding the inclusion of links to outside web sites or your use of those web sites.
[Top]If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you.
Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter - we will not send you information if you expressly inform us you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the "My Account" section of this web site.
[Top]Where you are invited to submit a suggestion, bug report or any other contribution to caeus.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant caeus.com a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in caeus.com's Privacy Policy. If you do not want to grant to caeus.com the rights set out above, please do not submit your contribution to caeus.com.
Further to the above paragraph, by submitting your contribution to caeus.com, you warrant that your contribution is your own original work and that you have the right to make it available to caeus.com for all the purposes specified above, it is not defamatory, it does not infringe any law; and you agree to indemnify caeus.com against all legal fees, damages and other expenses that may be incurred by caeus.com as a result of your breach of the above warranty, and to waive any moral rights in your contribution for the purposes of its submission to and publication on caeus.com and the purposes specified above.
[Top]If you fail to abide by these terms and conditions, you will be sent an email detailing the way in which you have broken your agreement with caeus.com. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. If caeus.com considers such behaviour to be serious and/or repeated, caeus.com may use whatever information that is available to it about you to stop any further such infringements. For more information, please see our Privacy Policy.
No action of caeus.com, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions or Privacy Policy. Should any clause of these Terms and Conditions or Privacy Policy be found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent that they are prohibited or superseded by state or national provisions.
This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.
