This is a legally binding agreement between (“you”) and Aeonhearth Pictures regarding your use
These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.
- General License to the Site.
- Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by Aeonhearth Pictures such as those regarding Stock Media Products, Aeonhearth Pictures and the owners of the Stock Media Products retain all ownership, right, title, and interest in and to the services provided by Aeonhearth Pictures, including the Site and all Stock Media Products.
- Unauthorized Use. If you use the Site or Stock Media Products in an unauthorized way, Aeonhearth Picturesmay terminate your account and pursue other penalties, damages, losses, and profits to which Aeonhearth Pictures is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
- Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
- Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Stock Media Products;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Stock Media Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
- Decompiling, reverse engineering, or making derivative works;
- Interfering (or engaging in any activity that may interfere) with any user’s experience;
- Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;
vii. Using the Site for recruiting purposes or to contact Aeonhearth Picturesartists for any reason; or
viii. Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.
You covenant, represent, and warrant to Aeonhearth Pictures that:
- You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
- You will not use the Site except pursuant to the terms of this agreement.
- Limitation of Liability
- The Site is provided on an “as is”, “as available”, and “with all faults” basis. Aeonhearth Pictures makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
- You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
- To the fullest extent permitted by law, Aeonhearth Pictures shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Aeonhearth Pictureshas previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
- You agree to indemnify and hold Aeonhearth Pictures and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“Aeonhearth PicturesParties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of the Site and any material you submit.
- Termination and General Terms
- Entire Agreement. This agreement constitutes the entire agreement between you and Aeonhearth Pictures, unless you have additional mutually agreed written license agreements with Aeonhearth Pictures.
- Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Aeonhearth Pictures may result in Aeonhearth Pictures terminating your access to the Site, without any liability to Aeonhearth Pictures. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to Aeonhearth Picturesfor which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Aeonhearth Pictures will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Aeonhearth Pictures seeks such an injunction.
- Import/Export Regulations. The Site may be subject to the Italy export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by Italy; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in Italy export regulations.
- Governing Law. This agreement is governed by Italy law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Italy, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
- LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Aeonhearth Pictures may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Stock Media Products, and such findings shall be final and non-appealable. Either party may request that Aeonhearth Pictures arbitrate the dispute, or Aeonhearth Pictures may elect, at its option, to arbitrate the dispute. To resolve disputes, Aeonhearth Picturesmay decide to terminate or suspend users, revoke the license, offer replacement Stock Media Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Aeonhearth Pictures may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
- Notice. Any notice under this agreement shall be via email to [email protected], provided that you receive an acknowledgement email from a Aeonhearth Pictures representative within 5 business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address.
via nazionale 259
Monasterace Marina, 89040
- Assignment. Aeonhearth Pictures may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Aeonhearth Pictures’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Aeonhearth Pictures, which will not be unreasonably withheld.
- English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.