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Albert Elovitz, Inc. (the "Albert Elovitz Company") has made a significant investment in creating digital images of its products (the "Albert Elovitz Digital Images"). Creating the Albert Elovitz Digital Images for use with thousands of items was a huge undertaking requiring the effort of a team of dedicated individuals, at great expense to the Albert Elovitz Company. The Albert Elovitz Digital Images are extremely valuable. Without limiting the definition of Albert Elovitz Digital Image and other images that may be Albert Elovitz Digital Images, all digital images of products on any website managed or owned by the Albert Elovitz Company are deemed to be Albert Elovitz Digital Images.
The Albert Elovitz Company has protected the Albert Elovitz Digital Images in accordance with the United States Copyright Act, Title 17 U.S.C. Section 101, et seq. There are severe criminal and civil penalties for the use or theft of the Albert Elovitz Digital Images without the Albert Elovitz Company's express consent. Furthermore, the Albert Elovitz Digital Images are or contain common law and/or Federally registered trademarks of the Albert Elovitz Company protected pursuant to the United States Lanham Act, 15 U.S.C. Section 101, et seq.
Customers of the Albert Elovitz Company have requested the consent of the Albert Elovitz Company to use the Albert Elovitz Digital Images on their own websites. To obtain the Albert Elovitz Company's consent to use the Albert Elovitz Digital Images, you, the "Requesting Wholesaler", must agree to and comply with all of the following terms and conditions and comply with the Albert Elovitz Company 3-STEP licensing requirement: Step 1) agree to these terms and conditions by clicking the "I Agree" button below; Step 2) reply to the e-mail confirmation that will be sent to you; and Step 3) wait for the Email License Acknowledgement Receipt.
Terms and Conditions
1. Who is Qualified to Use the Albert Elovitz Digital Images?
Requesting Wholesaler must be a "Wholesale Customer" of the Albert Elovitz Company. A Wholesale Customer is a customer of the Albert Elovitz Company who:
a) is in the business of reselling the Albert Elovitz Company products;
b) has made an aggregate of product purchases (net of tax, freight and other incidental charges) from the Albert Elovitz Company exceeding one thousand dollars ($1000) within a period of one (1) year period preceding any date that Albert Elovitz Digital Images are used or are registered by the Requesting Wholesaler; and
c) is in good standing with the Albert Elovitz Company, meaning that the Requesting Wholesaler does not have any overdue invoice balances and is not in breach of any agreement with the Albert Elovitz Company.
2. What is the Term of Consent?
Notwithstanding anything herein to the contrary, the consent by the Albert Elovitz Company for Requesting Wholesaler to use the Albert Elovitz Digital Images is always at the pleasure of the Albert Elovitz Company, and may be withdrawn at any time, for any reason, with or without cause. Regarding advance notice by the Albert Elovitz Company of withdrawal of consent: a) if any term or condition required of Requesting Wholesaler is not complied with by the Requesting Wholesaler (as determined in the sole discretion of the Albert Elovitz Company), the consent otherwise granted by the Albert Elovitz Company shall be thereupon automatically withdrawn without advance notice; otherwise, the Albert Elovitz Company will endeavor to provide five (5) business days notice prior to withdrawing its consent. Upon any withdrawal of the consent by the Albert Elovitz Company, Requesting Wholesaler must thereupon cease and desist its use of the Albert Elovitz Digital Images, time is of the essence. Consent is not granted unless the Requesting Wholesaler agrees that such consent may be withdrawn at any time, for any reason, with or without cause.
3. What are the Limitations?
No Requesting Wholesaler may sell or distribute in whole or part products that are similar to, or may be confused with the Albert Elovitz Company products which are represented by the respective Albert Elovitz Digital Images used by the Requesting Wholesaler, and Requesting Wholesaler agrees not to sell such products at any time while it is using the respective Albert Elovitz Digital Images (that is, the Albert Elovitz Company has not incurred the cost of imaging its products to be used to sell competitive or confusingly similar products). Requesting Wholesaler acknowledges and admits that all trademarks and copyrights claimed by the Albert Elovitz Company are the sole and exclusive property of the Albert Elovitz Company, and that the Albert Elovitz Digital Images are extremely valuable works of art. The Albert Elovitz Company consent is limited to and personal to the Requesting Wholesaler only; Requesting Wholesaler has no right to transfer, assign, hypothecate or license the Albert Elovitz Digital Images or the consent of the Albert Elovitz Company. The use by Requesting Wholesaler of the Albert Elovitz Digital Images is limited to use on the Requesting Wholesaler's website identified below. Only those Albert Elovitz Digital Images may be used by Requesting Wholesaler that represent the same Albert Elovitz Company products regularly and customarily sold by Requesting Wholesaler (that is, the Albert Elovitz Digital Images for Product A cannot be used if Product A is not sold). All terms and conditions will remain true for so long as Requesting Wholesaler uses any of the Albert Elovitz Digital Images. Except as expressly and specifically provided herein, all rights are reserved by the Albert Elovitz Company.
4. Credit to the Albert Elovitz Company?
Requesting Wholesaler will give the following credit to the Albert Elovitz Company in a customary location for such notices on the Requesting Wholesaler's website: "Images are Copyright 2001-2009 Albert Elovitz, Inc. All rights reserved. Used under agreement."
5. Violations; Disclaimers?
The consent of the Albert Elovitz Company is given only if the entire 3-STEP licensing requirements are satisfied by Requesting Wholesaler. Requesting Wholesaler agrees to be liable for all costs of enforcement, including attorneys' fees, for any breach of these terms and conditions. ALBERT ELOVITZ DIGITAL IMAGES ARE WITHOUT WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE. ALBERT ELOVITZ DIGITAL IMAGES ARE IN "AS IS" CONDITION WITH ALL FAULTS. THE ALBERT ELOVITZ COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY CLAIM FOR THE LOSS OF PROFITS, BUSINESS, USE OF DATA OR INFORMATION, OR DAMAGE TO GOOD WILL. Any disputes, claims or controversies arising from or related to the terms and conditions in this Digital Images Licensing Policy shall be resolved exclusively in the Commonwealth of Pennsylvania, venue of Allegheny County. Requesting Wholesaler and you, the signatory, consent to the personal jurisdiction of the Commonwealth of Pennsylvania.
6. The Acceptance of the Digital Image Licensing policy permits the wholesaler to copy the images from our website, www.aimgifts.com. In the event the wholesaler requests images that differ from the website, the wholesaler will be assessed a fee for the delivery of these images. |