FAQ / Quick Guide to the usage terms of the Stock Unlimited Content:
Stock Unlimited Content License:
This License is an agreement between Stock Unlimited LLC (Stock Unlimited) and licensee (You) who downloads royalty free illustrations, vectors and photos (Content) from StockUnlimited.com or MonoSolutions Web Builder (Sites).
By downloading any Content, You acknowledge that You understand and accept the terms of this License.
Stock Unlimited Representation. Stock Unlimited represents that it owns all Copyrights authority to the Content and is authorized to license the Content under the License. Unaltered and Standalone Content licensed to You will not infringe or violate the intellectual property of any third party. The Content will be free from defects in material and workmanship for thirty (30) days from delivery and Your sole
and exclusive remedy for a defective Content would be the replacement of the said defective Content with other Content from the Site.
You represent and warrant that:
"Reproduce(d)" means the distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Content to create a finished
derivative product (the Licensed Work), whereby the reproduced Content will not be disassociated from the Licensed Work by the end user or any third party to be Standalone Content.
"Standalone Content" means the unaltered and unmodified Content in the original form downloaded from the Site, including the same Content at a different resolution.
"MonoSolutions Editor” means the webhosting service provider and website editing platform that is wholly maintained and managed MonoSolutions.
Examples of permitted uses include the use, modification, Reproduction and / or display of Content:
USES: Use on MonoSolutions Editor only.
EXAMPLES of LICENSED WORKS (NO RESALE RIGHTS):
To be used as Content or part of content in posts, pages or articles (collectively "Articles") comprising a website specifically created, hosted and managed with the MonoSolutions Editor for personal or business use or as part of a service for the benefit of third party, without limitation to the pages of the Articles and number of Content used.
This License is effective until it is terminated by You.
You can terminate this License by:
1) Cancelling Your MonoSolutions Editor subscription; with the understanding that with the termination:
2) Ceasing to use the Content for any purpose.
Licencee Indemnity. Notwithstanding anything to the contrary in this License, You agree to fully defend, indemnify and hold Stock Unlimited, and their respective officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with Stock Unlimited and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of the Content or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in this License.
Stock Unlimited Indemnity. Provided that You have not breached the terms of this License, Stock Unlimited agrees to defend, indemnify, and hold You harmless up to the Liability Cap. Such indemnification shall only apply to claims for damages directly attributable to Stock Unlimited's breach of the warranties and representations in this Agreement, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of unaltered
Content downloaded and used by You pursuant to this Agreement violate Stock Unlimited's warranties and representations contained herein. This indemnification is on the condition that You give Stock Unlimited:
Stock Unlimited shall not be responsible for any claim settled without Stock Unlimited's consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
Liability Cap. Stock Unlimited's maximum aggregate obligation and liability to You for all claims (assessed collectively) under paragraph 13 shall be limited to Twenty Five Thousand United States Dollars (US$25,000.00) or the total amount of the l i c e n s e f e e s p a i d b y Y o u f o r t h e C o n t e n t , w h i c h e v e r t h e l o w e r ( Li a b i l i t y C a p ).
Governing Law and Dispute Resolution. This License shall be governed by, and shall be construed in accordance with, the internal substantive laws of the State of California in the United States of America. Any dispute, controversy or claim arising out of or relating to this License, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Los Angeles, California under the Mediation and Arbitration rules and procedures of JAMS then in effect. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
Subcontractors. You may designate subcontractors as users under this Agreement only through the Mono Editor platform for the sole purpose of utilizing Content, provided that such subcontractors agree to abide by the provisions of this Agreement and you and the subcontractor be jointly and severally liable in the event of any breach of this Agreement or liability arising thereof.
Assignment. Neither party shall assign its rights or interests under this Agreement to any third party without the other party's prior written consent in each instance; except that a party may assign its rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of such party, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which it participates, or (iii) to the purchaser of all or substantially all of the assets of the party, provided suchassignee agrees to assume in writing such party's rights and obligations under this Agreement.
Recovery of Costs. If either party commences an action against the other relating to this Agreement for reasons including, but not limited to, the failure to abide by any of the terms of this Agreement, the prevailing party in such action will be entitled to recover all costs including, but not limited to, reasonable attorneys' fees associated with the action. Such relief is in addition to any other relief which may be awarded to
the prevailing party.
Prevailing Language. This Agreement will be prepared originally in English with a reference translation in another language, if necessary. In the event of conflict in interpreting or construing the terms of this Agreement, the English version shall
No Third Party Rights. Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
Disclaimer.You agree that neither Stock Unlimited, nor their respective affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than You), shall be liable for any incidental, indirect or consequential damages arising from any use or nonuse of the Content, even if such parties have been advised, or advised of the possibility, of such
THE CONTENT ARE PROVIDED "AS IS" AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
You have agreed and reaffirm your agreement to conduct this transaction electronically. Your acceptance, download and/or use of any Content shall deem your agreement to this Agreement in its entirety.