Dolphin Photo LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA)
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Dolphin Photo (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website. Dolphin Photo hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Dolphin Photo and Materials from our website will constitute and be defined as any photo, image, design, or layout represented on the Dolphin Photo website. By downloading any Materials from Dolphin Photo you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
A. User's Rights to Materials from Dolphin Photo. You agree to access, acquire, and use our Materials as follows:
1. These Terms and Conditions constitute a legal Agreement between You and Dolphin Photo.
2. Dolphin Photo.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
3. You may access, acquire, and use the materials downloaded from Dolphin Photo.com subject to these Terms and Conditions in the following manner:
a. In the development and creation of your business presence and entity.
b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover's design, and newspapers.
c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
d. As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
e. In a PowerPoint presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that Some images contained in this presentation are the copyrighted property of Dolphin Photo. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Dolphin Photo.
f. As part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the materials from our website in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
B. User's Restrictions on the Use of Dolphin Photo Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from Dolphin Photo section of this Agreement.
4. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
6. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
7. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Dolphin Photo may, in its sole discretion:
1. Monitor your download activity from Dolphin Photo as often as Dolphin Photo determines under its sole discretion for any reason and for any violation of this Agreement.
2. Disable any account that engages in what Dolphin Photo determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Dolphin Photo sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
4. Investigate any abuse of your username and password in connection with the Dolphin Photo website or in connection with this Agreement.
5. Take the appropriate action to investigate all.