TERMS OF LICENSE USE
Off the mark cartoons by Mark Parisi Usage Policy Agreement:
* All cartoons are copyrighted and cannot be used for any purpose without written approval. Unless otherwise stated, permission is non-exclusive and limited to one-time use only for a single printing for usage. Specific usage permission is granted below.
* You may not remove any of the identifying information from the cartoon without permission. This includes the copyright line, copyright permision and website address both above the cartoon and inside the cartoon.
* The drawings, text in the balloons and captions of cartoons must always appear in full and unchanged. Cartoons may not be colored or altered in any way except enlarged or reduced proportionally. Customized captions, re-proportioning of images and coloring are available for additional fees. Contact Us for these changes.
License for Printed and/or Electronic Delivery of materials containing cartoon(s)
(End User License Agreement)
This agreement governs your rights to use off the mark cartoons by Mark Parisi for use in your printed material and/or Electronic Delivery of materials . It is a legally-binding contract between you and off the mark cartoons by Mark Parisi that grants you one-time to print or send electronically the licensed quantity of the materials. Any other usage requires additional permissions and usage fees. Contact Us for additional usage permission and fees.
The cartoon containing the printed materials and/or Electronic Delivery of materials may not be given away so that additional people can make additional copies (print or electronic versions) for use in their materials. Contact Us for additional usage permission and fees.
In order to purchase rights to off the mark cartoons by Mark Parisi, you must agree to the terms of this agreement. After you have read this agreement, you can indicate your acceptance of its terms by checking the input box to the left of the "I agree to the license agreement for this use." text..
LICENSE AND LIMITATIONS ON USE
off the mark cartoons by Mark Parisi grants you a non-exclusive, non-transferable, revocable license to use off the mark cartoons by Mark Parisi in accordance with the following limitations (the "Non-Permitted Uses").
You may use off the mark cartoons by Mark Parisi one-time in your printed/electronic materials up to the quantity that you have licensed the rights for in a single printing and/or distrubution. The term "Printed materials" means personal or business printed/electronically created material that you prepare and print for yourself, your clients, or that you prepare and print on behalf of your company or an individual in the company and which conveys ideas and presents facts, opinions, and information to others.
1. The printed/electronic material license granted does not allow you to use off the mark cartoons by Mark Parisi on a product or service that is being sold. Please contact us for additional usage rates for this type of use.
2. The printed/electrronic material license granted does not permit you to use off the mark cartoons by Mark Parisi for use in an advertisement appearing in a magazine, newsletter, newspaper or any other vehicle promoting your company. Please contact us for additional usage rates for this type of use.
3. The printed material license granted does not permit you to use off the mark cartoons by Mark Parisi for use a book published by a third-party or established book publisher. Please contact us for additional usage rates for this type of use.
4. The printed/electrronic material license granted does not permit you to off the mark cartoons by Mark Parisi in presentations. Please contact us for additional usage rates for this type of use.
5. The printed/electrronic material license granted does not permit you to sell or advertise for sale any electronic, internet, or print printed materials containing off the mark cartoons by Mark Parisi. Please contact us for additional usage rates for this type of use.
6. off the mark cartoons by Mark Parisi license granted does not permit you to use the cartoon on any project that is inappropriate for minors under the age of 13 to view. The license also prevents the cartoons from being used for any project that off the mark cartoons by Mark Parisi finds objectionable. off the mark cartoons by Mark Parisi always withholds the right to use the cartoons for any reason. If in doubt, Please contact us.
7. off the mark cartoons by Mark Parisi reserves all rights not specifically granted in this license. Without limitation, the following uses of off the mark cartoons by Mark Parisi are not permitted under a printed/electrronic material license:
a. Use in any magazine, newspaper, book or multimedia product or service.
b. Use in any commercial, non-profit or personal website or social networking site.
c. Use in any video and broadcast media distributed over public airwaves, cable, satellite, or closed circuit system.
d. Electronic downloading or copying by others.
e. Digital files, CD Roms, or any other medium that has or has not been invented at the time of sale.
f. Use in any presentation.
The license granted under this agreement is the specified posting time (depending on the usage indicated in the order)from the date you licensed off the mark cartoons by Mark Parisi .
WARRANTIES AND DISCLAIMER OF WARRANTIES
THE CARTOONS ARE PROVIDED SOLELY ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, OFF THE MARK CARTOONS BY MARK PARISI AND ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS AND AFFILIATES: (1) DO NOT MAKE AY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CARTOONS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE CARTOON OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDYAND WARRANTY AND OFF THE MARK ‘S AND ITS PARENT’S, SUBSIDIARIES’, LICNSORS’, DISTRIBUTORS’, SUPPLIERS’ O AFFILIATES’ SOLE OBLIGATIONS AND LIABILITY HEREUNDER WITH RESPECT TO THE CARTOONS WILL BE, AT OFF THE MARK CARTOONS BY MARK PARISI ‘S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE CARTOONS OR A WHOLE OR PARTIAL REFUND OF THE FEE PAID BY YOU FOR THE DEFECTIVE CARTOONS IN ACCORDANCE WITH OUR REFUND POLICY.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL OFF THE MARK CARTOONS BY MARK PARISI, ITS PARENT, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE CARTOONS IN VIOLATION OF THIS AGREEMENT, INCLUDING THE NON-PERMITTED USES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You will defend and indemnify off the mark cartoons by Mark Parisi and its parent, subsidiaries, licensors,distributors, suppliers and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the off the mark cartoons by Mark Parisi in violation of this agreement.
This agreement and your rights to access, download and use the off the mark cartoons by Mark Parisi are subject to immediate termination, without notice, if you breach any provision of this agreement or if you use the off the mark cartoons by Mark Parisi in violation of this agreement. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must: (i) cease all use of the off the mark cartoons by Mark Parisi, (ii) destroy all electronic files of the off the mark cartoons by Mark Parisi and (iii) return any physical copies of off the mark cartoons by Mark Parisi to off the mark cartoons by Mark Parisi.
CHOICE OF LAW AND VENUE
This agreement will be governed by the laws of the state of Massachusetts, without regard to its conflicts of law principles. You agree that any claim or dispute arising out of or relating to this agreement will be brought in an appropriate state or federal court located in Middlesex County, Massachusetts. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this agreement.
ENTIRE AGREEMENT AND SEVERABILITY
This agreement constitutes the entire agreement between you and off the mark cartoons by Mark Parisi with respect to its subject matter. If any part of this agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement will be interpreted so as to reasonably effect the intention of the parties.