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Terms
and Conditions
You must accept
the following agreement before using this website.
This agreement
applies to you, and if you are using this web site on your employer's
behalf, to you and your employer. Lieutenant Moses Willard reserves the right to
change this Agreement from time to time at its sole discretion,
and your use of the site will be subject to the most current version
posted on the site at the time of your use. If you do not wish to
be bound by this Agreement, do not accept this Agreement and do
not use this site or use any of its services.
Permitted
Use of this Site
This
site is owned and operated by the Lieutenant Moses Willard. All images and related
informational materials in any medium furnished by Lieutenant Moses Willard hereunder,
including related text, captions, or information (collectively referred
to as "content") are owned by Lieutenant Moses Willard or our content
providers. All content is protected by US and international copyright
laws.
Lieutenant Moses Willard allows
you to search for, view, and use content only as permitted below.
If you have registered for a Lieutenant Moses Willard account and Lieutenant Moses Willard has
approved your registration, you may be able to access Non-Watermarked
Images, which shall be used only as permitted below. You may not
remove any copyright or other proprietary notices contained in the
Images, caption information, or any other material on this site.
Lieutenant Moses Willard reserves the right to revoke your authorization to view,
download and use the Images and information available on this site
at any time, and you agree to immediately discontinue your such
use upon written notice from Lieutenant Moses Willard. All rights not specifically
granted under this Agreement are reserved to Lieutenant Moses Willard. Additionally,
you may not employ software to "crawl" or search our web
site and/or retrieve Images or related information.
Lieutenant Moses Willard may immediately terminate all licenses granted to you
without notice if you fail to comply with any provision of this
agreement or with Lieutenant Moses Willard' Standard Terms and Conditions applicable
to your use. If a license is terminated, you agree to immediately
(i) stop using this site and the Images, (ii) delete all Images
and all copies from all magnetic media and destroy all other copies,
or at Lieutenant Moses Willard' request return all such copies to Lieutenant Moses Willard. Your
use of this site and any Images shall comply with all applicable
law. Lieutenant Moses Willard may restrict or remove your access to this site at
any time, or restrict or remove the use of any Image for any reason,
and may replace the Image with another Image, and you agree to immediately
discontinue all use of the Image upon notification from Lieutenant Moses Willard.
Despite our
efforts to provide accurate information, this site may contain technical
or other mistakes, inaccuracies or typographical errors. Additionally,
this site and any Images may include historically and culturally
important images and text that may contain subjects that reflect
the social attitudes and circumstances of a particular time or location.
You should be aware that your search may display results containing
content that may seem inappropriate to its context, or text that
could be potentially offensive. You are solely responsible for determining
whether your use of any Image requires the consent of any third
party or the license of any additional rights, and you should not
rely solely on the information provided by Lieutenant Moses Willard. If you are
unsure whether additional third-party rights are needed for your
use, you are responsible for consulting with competent rights management
professionals or legal counsel.
As a convenience,
our site may link to other sites that may be of interest to you
but are not under Lieutenant Moses Willard' control. These links do not imply endorsement
by Lieutenant Moses Willard and we are not responsible for the availability of
or the content contained in any linked site. The Lieutenant Moses Willard site
may contain or use technology that provides Lieutenant Moses Willard and its affiliates
with information regarding your use of this site, or which permits
Lieutenant Moses Willard to audit your compliance with this Agreement via the use
of software designed to track and identify Images. Please consult
Lieutenant Moses Willard Privacy Policy for specific information on Lieutenant Moses Willard policies
for use of your personal information.
Listed Restrictions
Images
may contain listed restrictions, including without limitation restrictions
as to time, manner, industry and territory of use.Your ability to
access an Image does not in itself entitle you to use that Image.
Use of any Image contrary to a listed restriction is prohibited.
If you do not understand or are unsure as to any restriction, you
must contact Lieutenant Moses Willard prior to download or use of any Image.
Unauthorized
Use
Without
limitation, Images may not be used as a trademark or service mark,
or for any pornographic use, unlawful purpose or use, or to defame
any person, or to violate any person's right of privacy or publicity,
or to infringe upon any copyright, trade name, trademark, or service
mark of any person/entity. Unauthorized use of these Images constitutes
copyright infringement and shall entitle Lieutenant Moses Willard to exercise all
rights and remedies under applicable copyright law, including an
injunction preventing further use and monetary damages against all
users and beneficiaries of the use of such Images. The foregoing
is not a limiting statement of Lieutenant Moses Willard' rights or remedies in
connection with any unauthorized use
Sensitive
Subjects
Any license granted by Lieutenant Moses Willard shall not constitute a representation
that an Image is compatible for use with any other material. You
are solely responsible for the use of any content in combination
with any other material, and you agree not to use content with sensitive
topics without Lieutenant Moses Willard' separate written agreement. Sensitive
topics include, without limitation, topics that may depict the subject
matter of content in a negative or unfavorable light or subject
persons to ridicule, and topics regarding all sexual issues, substance
abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS,
cancer, or serious physical or mental ailments, or the disparagement
of a person or product. Certain content may be available for use
with sensitive subjects for an additional fee. You must contact
Lieutenant Moses Willard for additional information prior to any use of an Image
with any sensitive topic.
Lieutenant Moses Willard
Trademarks
You may not use the trademarks or service marks of Lieutenant Moses Willard
without Lieutenant Moses Willard' prior written consent. Lieutenant Moses Willard and the Lieutenant Moses Willard logo are registered trademarks of the Lieutenant Moses Willard.
Indemnification
You agree to indemnify, defend, and hold harmless Lieutenant Moses Willard
against all claims, liability, damages, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to
(1) a breach of this Agreement, (2) the use of this site and the
use of any content either alone or in combination with any other
material, (3), your failure to abide by any restriction regarding
the use of content, or (4) any claim by a third party related to
the use of content, alone or in combination with any other material.
Disclaimers
Lieutenant
Moses Willard PROVIDES YOU WITH ITS SITE AND CONTENT ON AN "AS
IS" BASIS. LIEUTENANT MOSES WILLARD MAKES NO WARRANTY, EXPRESS
OR IMPLIED REGARDING ANY CONTENT, ITS SITE, THE ACCURACY OF ANY
INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE
SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY
LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER LIEUTENANT
MOSES WILLARD NOR ANY LIEUTENANT MOSES WILLARD AFFILIATE SHALL BE
LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF, OR RELATING TO THE USE OF THE CONTENT, WHETHER FRAMED AS A BREACH
OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE
OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL LIEUTENANT
MOSES WILLARD'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY
IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNT INVOICED
AND PAID BY YOU FOR THE USE OF THAT CONTENT, OR (2) $500.
NOTIFICATION
OF COPYRIGHT INFRINGEMENT
Lieutenant
Moses Willard may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your
work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on Lieutenant Moses
Willard's site, send Lieutenant Moses Willard's a notice containing:
(i) a physical or electronic signature of the copyright owner or
person authorized to act on behalf of the copyright owner; (ii)
a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s)
is claimed to be infringing; (iii) a description of where the material
that you claim is infringing is located on the Lieutenant Moses
Willard site; (iv) information sufficient to permit Lieutenant Moses
Willard to contact you, such as your physical address, telephone
number, and email address; (v) a statement that you have a good
faith belief that the use of the material you identified is not
authorized by the copyright owner, its agent, or the law; and (vii)
a statement by you that the information in your notice is accurate
and, under penalty of perjury, that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Choice of
Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the
laws of the State of Georgia and applicable U.S. Federal law, including
Title 17 of the U.S. Code, as amended. The parties agree to accept
the exclusive jurisdiction of the state and federal courts located
in Atlanta, Georgia USA. This Agreement shall not be governed by
the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly disclaimed.
The parties hereto confirm that it is their wish that this Agreement
as well as any other documents relating hereto, including notices,
has been and shall be written in the English language (Les parties
aux presentes confirment leur volonte que cette le convention de
meme que tous les documents y compris y tout avis qui s'y rattache
soient rediges en langue anglaise). In any dispute between Lieutenant Moses Willard and you, Lieutenant Moses Willard shall be entitled to recover its reasonable
attorneys' fees, legal expert fees, and other legal expenses from
you.
No Waiver
/ Severability
No
action of Lieutenant Moses Willard, other than an express written Waiver or Amendment,
may be construed as a waiver or amendment of this Site Usage Agreement.
Should any clause of this Agreement be found unenforceable, wherever
possible this will not affect any other clause and each will remain
in full force and effect.
Miscellaneous
You
acknowledge that you have read this Agreement and understand it,
and agree to be bound by all its terms and conditions. This document
constitutes the entire agreement between the parties with respect
to the subject matter hereof and merges all prior and contemporaneous
communications. This Agreement shall not be modified except by a
written agreement signed by duly authorized representatives of Lieutenant Moses Willard, provided that no purchase order or similar document issued
by you shall modify this Agreement even if signed by Lieutenant Moses Willard.
If any provision of this Agreement is found invalid or unenforceable,
the remainder of this Agreement shall remain valid and enforceable
according to its terms. The parties intend that the provisions of
this Agreement be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary
to make them enforceable and in such manner as comes closest to
the intentions of the parties to this Agreement as is possible.
This Agreement will inure to the benefit of and be binding upon
the parties, their successors and assigns, except that you may not
assign or transfer this Agreement without Lieutenant Moses Willard' prior written
consent.
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