Timeline GFX Limited License Agreement Terms

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.  THIS SITE CONTAINS LIMITED LICENSE ROYALTY FREE ANIMATIONS, VIDEOS, FOOTAGE, PHOTOGRAPHS, AND IMAGES (COLLECTIVELY THE "CONTENT"), WHICH IS OWNED BY TIMELINE GFX OR ITS LICENSORS.  BY DOWNLOADING, PURCHASING OR USING ALL OR ANY PORTION OF A LIMITED LICENSE ROYALTY FREE "CONTENT", YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE “CONTENT” (WHETHER BY DOWNLOAD, ON CD-ROM, DVD, DVD-ROM OR IN ANY OTHER FORMAT) AND ON WHOSE BEHALF IT IS USED.

Use:
This site is owned, and operated by Timeline GFX. Upon payment of the agreed fees, you are granted a non-exclusive, non-transferable, and royalty-free limited license to use and modify the Timeline GFX media, subject to the following terms and conditions.

Any content purchased and or downloaded by you from this site or any affiliate site or distributor of Timeline GFX, including, without limitation, any files, images, movie / video files (collectively, the "content") is licensed to you by Timeline GFX under the following agreement only. Use in whole or modified, of the content in any way, does not transfer title to the content, or any intellectual property rights therein, to you. You may not redistribute or sell the content as it has been provided to you or in any other modified form or format. Timeline GFX reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes.

General Use Grant:
Timeline GFX “content” may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, Internet, presentation, or print project. However, the “content” in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as redistributed media files of any kind or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These terms apply even if the Timeline GFX “content” has been significantly altered.

Limitations:
You may not use the “content” in a manner that is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the content into disrepute;

You may not use or display any “content” that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor, or (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, abortion, illegal activities, prostitution or phone call centers, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the content;

The data may not be transferred to third parties through the use of on-line services or networks.
The use of any logo or trademark contained in the images must be used in a manner permitted by the logo or trademark owner. This license does not grant you any right to use logos or trademarks.

This Agreement will be governed by the laws in force in the State of Texas, USA
This license permits you to load and use Timeline GFX "content" on one computer at any one time you may not sell, sublicense, loan, give, or transfer any part of the “content” or a copy thereof (except in accordance with the permitted use in a work created by you), to another person or company. Please contact Timeline GFX if you are interested in a multi-use or transferable license.

You may not use, make available for use, transfer, license, sell or otherwise distribute “content” in such a manner that a person can extract or access the image as an electronic file, including posting any “content” online in a downloadable format, ftp or other digital format, posting any “content” on any electronic bulletin board or network, or using any “content” in electronic greeting cards. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the “content.”

You may not copy, publish, or use any “content” to promote a business that sells or licenses photographic images or otherwise competes with Timeline GFX in any manner.
           
Liability:
Timeline GFX makes no representation or warranty with respect to any product or the related documentation and to the extent permitted under applicable law the site is delivered "as is." The warranty stated herein is expressly in lieu of all other warranties, express or implied, including but not limited to any express or implied warranty of accuracy, correctness, reliability, merchantability, fitness for a particular purpose, and no infringement, and such warranty constitutes the only warranty made by Timeline GFX with respect to the site and “content.”

Timeline GFX does not warrant that the “content” or functionality of the site or “content” will be free from errors, interruptions, omissions, defects, viruses, or other damaging elements, or that Timeline GFX will correct any errors, omissions, or defects of the site. You assume the cost of service, repairs, or corrections to your hardware, software, or other equipment.

In no event will Timeline GFX or any of its affiliates, its content providers and their respective directors, officers, employees, shareholders, partners and agents be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use the software, even if Timeline GFX has been advised of the possibility of such damages. In no event will liability of Timeline GFX or any of its affiliates, its content providers and their respective directors, officers, employees, shareholders, partners and agents exceed the amount paid by you, if any, for accessing or using this site, or purchasing or downloading products from this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Limitation of remedies:
Timeline GFX’s entire liability and your exclusive remedy, with respect to any claims arising out of this agreement, shall be at Timeline GFX’s sole discretion, either: (i) replacement of “content” or (ii) refund of any fee paid for the specific “content”, minus a 50% cancellation fee within five (5) days after the purchase date. There are no cancellations or refunds after five (5) business days.

Indemnification:
You agree to indemnify, defend and hold Timeline GFX, its affiliates, its content providers and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Timeline GFX party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this agreement.

Contact:
If you have concerns relating to this agreement, please contact Timeline GFX at support@timelinegfx.com

Credit:
When incorporating Timeline GFX “content” in feature films, broadcast productions, or video products, Timeline GFX kindly requests a credit line that reads “Timeline GFX.”

Acknowledgement:
You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it and purchasing any “content” provided by Timeline GFX. In consideration of Timeline GFX agreeing to provide the “content,” you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and Timeline GFX, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Timeline GFX relating to the subject of this agreement.

You represent, warrant and covenant that:
You are at least eighteen years of age and have the full right and authority to enter into this license on behalf of you and/or your company, employer or principal;

You do not reside in any country to which export of us products are prohibited or restricted and you may not ship, transfer or export any of the “content” into any country or use any of the content” in any manner prohibited by any laws, restrictions or regulations;
           
You will not use the “content” in any way that is not permitted by this license;           

Your use of the “content” will not violate any applicable law or regulation of any country, state, or other governmental entity;
           
The information that you provide to Timeline GFX is accurate and true, including, without limitation, all credit card or other payment and ship to information and you shall update such information as necessary;
           
You are solely responsible for determining whether your use of any “content” requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the “content,” you are responsible for consulting with competent legal counsel; and
                       
If you are acting as an agent, you must inform your client/principal of the terms of this license.

Amendment:
Timeline GFX reserves the right to amend this Agreement at any time.

This Agreement is governed by the laws in force in the state of Texas, U.S.A.