Pridobitve, predstavitve in garancije/Acknowledgements, Representations, and Warranties
Andro-Art.com Acknowledgements, Representations, and Warranties
Last Updated: December 2016
Please read this policy and if you have any questions contact us.
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. Andro-Art.com provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on Andro-Art.com servers at the direction of Andro-Art.com users.
c. Any modification of Media uploaded by Andro-Art.com users, such as the addition of a Andro-Art.com watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. Andro-Art.com is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by Andro-Art.com before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on Andro-Art.com`s servers.
e. Andro-Art.com has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.
f. Andro-Art.com correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, Andro-Art.com cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, Andro-Art.com does not derive a direct financial benefit from any particular Media. Andro-Art.com`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by Andro-Art.com`s users.
i. Andro-Art.com has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and Andro-Art.com has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, Andro-Art.com has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, Andro-Art.com relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
k. Where you are established within the European Union, you qualify as a taxable person for VAT purposes and you will provide Andro-Art.com with any documentary evidence to this effect upon request (VAT number). In the event that such documentary evidence is not provided, you accept that Andro-Art.com will add the applicable VAT of your EU country to the price of services.
Use of Watermarked Media - Using Media for comping
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, Andro-Art.com grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Andro-Art.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.
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