- All Images and movies on the Life’s Treasures website and related websites are protected by United States and international copyright laws and treaties. Life’s Treasures and Mark Naea own all rights, including the copyrights in and to the Images and movies. Life’s Treasures and Mark Naea reserve all rights in and to the Images and movies not expressly granted to you by the terms of this license. Your rights to use any Image or movie are subject to this license agreement and are conditioned upon your payment to or subscription to Life’s Treasures for your use of the Images or movies.
- By this Agreement, Life’s Treasures grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images and movies in the following ways, subject to the limitations set forth herein and in Part II hereof:Print(s), defined as 8 x10 glossy photo’s or any special sized Print(s) ordered from lifestreasureskauai.com website may be used as follows;
a)As decoration in a home or personal office for your own personal, non-commercial use only, not for resale or distribution;High Definition jpeg file(s) ordered and downloaded from lifestreasureskauai.com website may be used as follows;a) You may download to a local hard disk this image for your personal and non-commercial use only, not for resale, download or distribution;b) As a screensaver and mobile phone “wallpaper” for your own personal, non-commercial use only, not for resale, download or distribution;c)As prints, posters (i.e. a hardcopy) for decoration in a home or personal office for your own personal, non-commercial use only, not for resale or distribution;
d) In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Life’s Treasures Kauai, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.;
Lemurian Codex of Awakening Webinar Movies and any other movie(s) ordered and downloaded from lifestreasureskauai.com website or related site may be used as follows;
a) You may download to a local hard disk thismovie for your personal and non-commercial use only, not for resale, download or distribution;
- All rights in the Images and movies not expressly granted herein are reserved by Life’s Treasures and Mark Naea.
YOU MAY NOT:
- Use an Image or movie other than as specified in PART I.
- Reproduce, digitize, or copy to any format a “Print(s)” or movies as defined above.
- Reproduce or print the Image on canvas or as a Giclee a “High Definition jpeg file(s)”
- Use or display any Image or movie on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
- Use an Image or movie together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
- Use an Image or movie in a way that places the Image in a bad light or in a way that may be offensive – this includes, but is not limited to, the use of Images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
- Resell, redistribute or transfer any Image or movie except as specifically provided herein. Displaying any Image in any digital format or for any digital use not specifically granted in PART 1, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
- Share an Image or movie by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- Use any Images or movie in a manner that competes with Life’s Treasures business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering Life’s Treasures Images for sale or resale.
- Withhold a credit attribution or fail to provide a copyright notice required by paragraph 25 of these TOS, except with an advance written waiver of that requirement from Life’s Treasures in each instance. Each waiver issued by Life’s Treasures will specify the Image number or numbers and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use.
- Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services.
- Use or display an Image or movie in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.
- Represent yourself as an agent, employee, designee, or affiliate of Life’s Treasures for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
- Use automated programs, applets, bots or the like to access the LifesTreasuresKauai.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content of the website.
- Life’s Treasures shall be under no obligation to refund your purchase fee under any circumstances. However, in the event that Life’s Treasures determines that you are entitled to a refund of all or part of your purchase fee, such refund shall only be made to the credit card account or other means of electronic purchase originally used by you. If your purchase was paid by check, your refund will be made by check.
- “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party, such as any photo printing company (i.e. Costco, Walmart, print kiosk) to produce and/or manufacture your prints incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Life’s Treasures Image(s) please notify us via email at firstname.lastname@example.org.
- You agree to indemnify and hold Life’s Treasurese, its officers, employees, shareholders, directors, managers, members and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify Life’s Treasures for all costs and expenses that Life’s Treasures incurs in the event that you breach any of the terms of this or any other agreement with Life’s Treasures.
- Life’s Treasures warrants and represents that:a) unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties’ rights of privacy or publicity;b) unaltered Images do not and will not: (i) violate any US law, statute, ordinance, or regulation.
- Notwithstanding any thing to the contrary contained herein, Life’s Treasures shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.
- This contract is governed by and shall be construed in accordance with the laws of the State of Hawaii. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of Hawaii, Kauai County and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
- If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this Enhanced License agreement, please contact Life’s Treasures Support via email at email@example.com.
- Credit Attributions and Copyright Noticesa) Though Life’s Treasures requires the following credit attributions and copyright notices, Life’s Treasures may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that Life’s Treasures grant you a waiver of such requirements, please contact Life’s Treasures Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from Life’s Treasures to you.b)You shall accord credit and provide a copyright attribution to Mark Naea, the copyright holder, and to Life’s Treasures in connection with the use of any Image. Such credit and attribution is currently located on the bottom right side of the Image, if removed or cropped off, it shall be in substantially the following form:”Image Copyright Mark Naea, 2015”.c) All credits shall appear on the copyright section of the Image as described above. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH LIFE’S TREASURES KAUAI, LIFE’S TREASURES SHALL HAVE THE RIGHT TO TERMINATE YOUR LICENSE AGREEMENT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO LIFE’S TREASURES OTHER RIGHTS AT LAW AND/OR EQUITY. LIFE’S TREASURES SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR LICENSE AGREEMENT IS TERMINATED BY REASON OF ANY SUCH BREACH OR BREACHES.
LIFE’S TREASURES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN PARAGRAPH 21 HEREOF, AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE. EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIFE’S TREASURES DOES NOT WARRANT THAT THE IMAGE(S), LIFE’S TREASURES WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT USING ANY LIFE’S TREASURES IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES IS STRICTLY PROHIBITED, AND SUBJECT TO IMMEDIATE TERMINATION OF YOUR LICENSE AGREEMENT.
EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 20 HEREOF, IN NO EVENT, SHALL LIFE’S TREASURES HAVE ANY LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY IMAGE(S). NEITHER LIFE’S TREASURES NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIFE’S TREASURES BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN.
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO PURCHASE AN IMAGE(S) OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING LIFE’S TREASURES, LIFE’S TREASURES WILL PROMPTLY FILE A COMPLAINT WITH www.ic3.gov, THE INTERNET CRIME COMPLAINT CENTER, A PARTNERSHIP BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE NATIONAL WHITE COLLAR CRIME CENTER.