Terms of Use
Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our free costs as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, or using any images listed under the domain sites.google.com/site/gifgoodies you agree to be bound by this Agreement. Should you disagree with anything stated here, please discontinue your use of the site and erase all data you have downloaded.
Use of this site
This site is owned and operated by Gif Goodies. All images and related informational materials in any medium provided by Gif Goodies hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Gif Goodies and by our image providers (photographers), members of our community. All Images are protected by international copyright laws.
This site contains both images that depict a visible company mark at the bottom right. Gif Goodies allows you to search for, view, and use marked Images only as permitted below. Gif Goodies 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 Gif Goodies. All rights not specifically granted under this Agreement are reserved to Gif Goodies.
Gif Goodies may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Gif Goodies 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 Gif Goodies.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. 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 Gif Goodies or its members. 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 counselors.
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. Gif Goodies provides access to an online service comprising information and materials created and posted by You and other users.
b. Where an Image has no obvious proprietary marking that indicates an exclusive owner, Gif Goodies cannot be deemed to have actual knowledge that the Image infringes upon any third party’s rights.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, 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 Gif Goodies 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 Gif Goodies's rights or remedies in connection with any unauthorized use.
Sensitive Subjects
Any license granted by Gif Goodies 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 Image in combination with any other material, and you agree not to use Images with sensitive topics without Gif Goodies' separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.
You must contact Gif Goodies for additional information prior to any use of an Image with any sensitive topic.
Refund Policy
You may ask for a refund of your purchase within 7 days from the purchase date. This only apply to purchased images, that do not have the Gif Goodies' watermark. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a WELL-FOUNDED reason for your request and your Paypal username.
If you are not able to download an image, we will refund the credits, provided that Gif Goodies determines that you have been unable to download the image successfully. Downloads are not refunded if more than 3 days from the download date have passed.
Gif Goodies Trademarks
The trademarks, services and logos used and displayed in sites.google.com/site/gifgoodies are registered and unregistered trademarks of Gif Goodies its subsidiaries and affiliates. Gif Goodies trademarks may only be used publicly with the permission of Gif Goodies with proper acknowledgement. Except as expressly granted Gif Goodies does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless Gif Goodies against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
Disclaimers
GIF GOODIES PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE 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 GIF GOODIES NOR ANY AFFILIATES OR MEMBERS 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 IMAGES, 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 GIF GOODIES' OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
Copyright
You may utilize the watermarked images for personal use, which includes but not limited to forum signatures, avatars, profile pictures, desktop backgrounds, and personal documents. The same policy applies to purchasable images without the watermark.
You may not modify, alter, or remove any visible or electronic company mark, or disassemble, reverse engineer, or decompile any Image. You may not distribute, sublicense or make available for use or distribution any Watermarked Image.
None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Gif Goodies' separate written consent.
For any other details regarding usage or these licenses, you are strongly advised to contact Gif Goodies.
Gif Goodies reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
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