The terms and conditions for the available 3DFlags.com media and graphics products are listed below:
Hotlinking is not permitted
Hotlinking, also known as inline linking, is the use of a linked object, often an image, from one site in a web page belonging to a second site. The second site is said to have an inline link, or hotlink to the first site where the object is located. Hotlinking is expressly prohibited for all 3DFlags.com objects, images, graphics, and media. You may not link to actual images, graphics and media hosted on 3DFlags.com servers or URLs. 3DFlags.com reserves the right to alter, modify, substitute, redirect, deny and/or remove objects, images, graphics and media without notice at any time to counter violations of this clause. Linking to 3DFlags.com webpages such as the 3DFlags.com homepage with a clickable link is not considered hotlinking and is permitted. We make an exception to this rule and encourage our users to link to our graphical banners, but only when we provide explicit notice for the linking and prominently display the source code for creation of the link for our users to copy into their page. The only permitted hotlinking instances are shown on the "Link To Us" page on our site, which includes hotlinking code to the graphic banner located at "http://www.3dflags.com/art/3dflags-1-banner.gif".
Standard Media License
Royalty-Free and "Link Free" products may be used multiple times for a one-time fee, which may vary by product, and includes 1 seat (allows 1 person to use the product per license purchased). These rights are non-exclusive and are governed by the terms and conditions of the 3DFlags Standard Media License Agreement.
3DFlags Standard Media License
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND 3DFLAGS, LLC (HEREIN REFERRED TO AS 3DFLAGS.COM). THIS AGREEMENT APPLIES TO LICENSES ISSUED FOR LICENSED MEDIA DELIVERED ELECTRONICALLY (VIA THE WEB OR EMAIL) OR PHYSICALLY (FAX OR REGULAR MAIL) LICENSES ISSUED ELECTRONICALLY (VIA WEB OR EMAIL).
BY PURCHASING A LICENSE AND DOWNLOADING LICENSED MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, REMOVE ANY AND ALL DIGITAL MEDIA FILES IMMEDIATELY FROM YOUR COMPUTER, DESTROY ANY COPIES YOU MAY HAVE ON HAND AND CONTACT 3DFLAGS.COM WITHIN 30 DAYS OF PURCHASE FOR A REFUND.
"Licensed Media" means any animated gif, image, icon, graphic, visual representations, or digital files which is licensed to Licensee by 3DFlags.com under the terms of this agreement and specified within the Invoice.
"Invoice" means the digital or printed invoice provided by 3DFlags.com that includes the Licensed Media selected, the Licensee, and the corresponding price for the license of the selected Licensed media. The invoice may also include, without limitation, restrictions and limitations on the license in addition to what is specified in this license agreement.
"Licensee" means the individual or business purchasing the license for the selected Licensed media as identified on the Invoice.
GRANT OF RIGHTS
3DFlags.com grants the licensee the non-exclusive, non-sublicensable, non-transferable right to use the Licensed Media identified in the Invoice for the following purposes:
- For personal, noncommercial, or commercial use including: electronic applications and publications such as website design; advertising and promotional materials; print media, products or publications; broadcast or other media productions; other uses approved by 3DFlags.com in writing.
- Licensee may manipulate and create altered works or derivatives of the Licensed Media.
- Licensee may allow subcontractors to use and handle Licensed Media provided Licensee ensures that subcontractors adhere to the provisions of this agreement.
LIMITATIONS AND RESTRICTIONS
- The Licensed Media may not be sub-licensed or included in online or other electronic systems for the purpose or intention of distribution, such as an online gallery, archive or collection of graphics or animated GIFs, including collections available on CD-ROM, BBS, FTP, WWW, IRC, mobile telephone devices or any other transfer methods. For example, Licensed Media may be used as an integral part of a web page design, but may not be made available in a format designed or intended for downloading separately, for permanent storage, or re-use by website visitors/users. Similarly, you may provide clients with copies of Licensed Media as an integral part of a work product, but not for separate use or reuse of the Licensed Media.
- The Licensed Media may be shared by creating a digital media library, LAN, other network configuration or similar arrangement for access by employees, subcontractors, clients, and partners of Licensee ("users") as long Licensed Media is not used by more than 1 (one) user, unless a separate license seat is purchased before additional use begins. One archived copy of the Licensed Media may be made for backup purposes only. Licensed Media may not be shared or copied in any other fashion not listed above.
- Use of Licensed Media, or any part thereof, as a trademark or service mark is not permitted. Pornographic, libelous, defamatory or otherwise unlawful use of Licensed Media is prohibited, regardless of whether it is used directly, contextually, or in collocation with other materials.
- Licensee must not alter or remove information invisibly embedded in the Licensed media or file containing the original Licensed Media, including but not limited to copyright information, text referring to 3DFlags.com, the SKU or other identification number of the Licensed Media.
- The use of governmental, municipal, state, provincial or military flags, seals, coats of arms, and insignia is restricted in some countries. Use of flags and national/cultural insignia may require special permission or a license from the country's government, the state or province's municipality or official institution.
If you are unsure of your usage rights under this license agreement, please contact us via our online contact form.
3DFlags.com warrants it has the authority and rights to enter into this Agreement.
3DFlags.com and its licensors (including licensors and suppliers) make no warranties, guarantees, or representations of any kind, express or implied, arising by law or otherwise, including but not limited to, accuracy, content, performance, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from Licensed Media, or that the server or other electronic medium used in delivery of Licensed Media will be uninterrupted, error-free, or free of viruses or other harmful components.
3DFlags.com graphics and other products and materials or information provided on the 3DFlags.com website may include technical, visual, or typographical inaccuracies or errors.
Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusions may not apply to you.
LIMITATION OF LIABILITY
3DFLAGS.COM AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF LICENSED MEDIA OR INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE LICENSED MEDIA OR INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [LICENSEE] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
3DFLAGS.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY LICENSED MEDIA, PRODUCT, INFORMATION, APPARATUS, OR PROCESS DELIVERED VIA ELECTRONIC OR ANALOGUE MEANS OR DISCLOSED ON THE SERVER. IN NO EVENT SHALL 3DFLAGS.COM BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF LICENSED MEDIA OR THE INFORMATION AVAILABLE VIA THE 3DFLAGS.COM SITE OR SERVER OR THE INTERNET GENERALLY OR ON ANY OTHER BASIS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN 3DFLAGS.COM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.
This Agreement constitutes all the terms and conditions between 3DFlags.com (and its licensors, including their licensors and suppliers) and the Licensee, and supersedes in their entirety any and all written or oral agreements previously existing with respect to such subject matter.
The above terms and conditions shall be governed by the laws of Virginia, U.S.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
3DFlags.com and their licensors retain all rights not expressly granted above by this license agreement. You may not utilize the Licensed Media in any manner that is not expressly permitted in this license agreement. You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form Licensed Media or software from 3DFlags.com. All rights to the Licensed Media are owned by 3DFlags.com and/or their licensors and are protected by United States copyright laws, international treaty provisions and other applicable laws. Use of the Licensed Media and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. 3DFlags.com reserve the right to discontinue the use of any Licensed Media for any reason and to elect to replace the Licensed Media with alternate Licensed Media. When provided to or for, or used on behalf of, the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, data is provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth under the United States copyright laws and this license agreement, and as provided in DFARS 252.227.7013(c), or other applicable clauses.
Notwithstanding the foregoing, 3DFlags.com and their licensor(s) shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Licensor(s), such action is necessary or desirable.