Terms of Use
The terms and conditions for the available 3DFlags.com media and graphics products are listed below:
Link and Use
Flags, GIF Animations, and graphics available in the 3DFlags.com gallery may be used free of charge if the user gives credit to 3DFlags.com. If the graphic(s) are used on a web page, it must provide credit and a link to www.3DFlags.com. Text giving credit to 3DFlags.com must be easily readable and appear on every page or screen where a flag graphic or animation is used. Free usage rights are governed by the 3DFlags.com Link and Use License Agreement detailed below.
Royalty-Free and "Link Free"
If you wish to use a graphic or animated GIF without including credit and a link to 3DFlags.com, you may purchase a license by clicking on the "Buy License" button on the page displaying the flag graphic or animation. Royalty-Free and "Link Free" products may be used multiple times for a one-time fee, which may vary by product, and includes 5 seats (allows 5 people to use the product). These rights are non-exclusive and are governed by the terms and conditions of the 3DFlags.com Royalty-Free and Link-Free License Agreement.
3DFlags.com Link and Use License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 3DFlags (herein referred to as 3DFlags.com). BY DOWNLOADING OR USING MEDIA, INCLUDING ANIMATED GIFS, IMAGES, GRAPHICS, OR SOFTWARE FROM OUR WEBSITE, YOU EXPLICITLY AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS SPECIFIED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
GRANT OF LICENSE
3DFlags.com grants to you, or your employer if you are licensing on behalf of your employer, a nonexclusive, nontransferable, and nonsublicensable right to use animated 3D Flags, images, graphics, or media from 3DFlags.com and any derivatives or copies thereof (collectively, "Digital Media") on your personal computer. The Digital Media may not be shared by creating a CD/other media library, Digital Media storage jukebox, or similar arrangement, and you may not create a network of servers, either with or without a central location, which enables others to share the Digital Media. You may not utilize the Digital Media in any manner that is not expressly permitted in this license agreement. One copy of the Digital Media may be made for backup purposes only. Except as specifically provided in this license agreement, no Digital Media may be shared or copied.
YOU MAY NOT ACTIVELY REDISTRIBUTE OR SUBLICENSE ANY OF OUR GRAPHICS OR DIGITAL MEDIA UNDER ANY CIRCUMSTANCES. The Digital Media may not be used in any online or other electronic distribution system, such as an online gallery or collection of graphics and/or animated GIFs, including collections available on CD-ROM, BBS, FTP, WWW, IRC or any other transfer methods, and may not be sold, distributed, or sublicensed individually or as part of any image archive or collection product. No Digital Media may be sublicensed, resold or otherwise made available for use or distribution separately or detached from a web page, or offline media presentation. For example, Digital Media may be used as an integral part of a web page design or other design or element of an online application but may not be made available for downloading separately or in a format for permanent storage or in a context of an image archive or collection that encourages download and re-use by website visitors/users.
- Digital Media may be used royalty-free in materials for PERSONAL, COMMERCIAL or ORGANIZATIONAL WEBSITES, provided that you give credit to, and provide a link to the 3DFlags.com website on the page(s) you are displaying the flag. Digital Media may be also be used for OFFLINE NONCOMMERCIAL usages, including presentations, provided that you give credit to, and include the website address for 3DFlags.com on the page(s) or screen(s) where you are displaying the flag. Digital Media must retain the original file name; you may not rename any Digital Media files without explicit written consent from 3DFlags.com.
- Use of Digital Media, or any part thereof, as a trademark or service mark is not permitted. Pornographic, libelous, defamatory or otherwise unlawful use of Digital Media is prohibited, regardless of whether it is used directly, contextually, or in collocation with other materials.
- Animated flags taken from the 3DFlags.com gallery and modified are still considered the property of 3DFlags.com. Usage of such flags must conform to this license, and pages displaying such flags must give credit to 3DFlags.com. Additionally, all web pages displaying Digital Media must provide a hyperlink to 3DFlags.com. Text giving credit to 3DFlags.com must be easily readable and appear on every page or screen where a flag graphic or animation is used.
- Web pages displaying Digital Media must give credit and a link to www.3dflags.com by using either the 3DFlags.com clickable button, or the following hyperlinked text: "Flag Graphics Courtesy of 3DFlags.com"
- All other pages displaying Digital Media, other than web pages such as print media or presentations, must give credit using the 3DFlags.com button or the following text: "Flag Graphics Courtesy of 3DFlags.com"
For more information on linking to 3DFlags.com and instructions on downloading an animation, please view one of our download pages.
If you are unsure of your usage rights under this license agreement, please contact us via our online feedback form.
NO WARRANTY
Digital Media and information on 3DFlags.com is provided to you on an "as is," and "as available" basis and you agree to use it at your own risk. 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, quality, accuracy, content, performance, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from this information, or that the information or server will be uninterrupted, error-free, or free of viruses or other harmful components.
3DFlags.com material on this server/website may include technical inaccuracies or typographical errors. 3DFlags.com has the right to make changes and updates to any information contained within this server without prior notice.
Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
DISCLAIMER 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 DIGITAL 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 DIGITAL 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 INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OBTAINED FROM 3DFlags.com VIA ELECTRONIC OR ANALOG MEANS OR OTHER MATERIAL ACCESSIBLE FROM 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 THE INFORMATION ON THIS 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.
ENTIRE AGREEMENT:
These terms and conditions constitute the entire agreement between 3DFlags.com (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
GOVERNING LAW:
The above terms and conditions shall be governed by the laws of the State of Virginia, USA.
GENERAL:
You may not decompile, reverse engineer, disassemble or otherwise reduce to human-readable form Digital Media or software from 3DFlags.com. All rights to the Digital 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. 3DFlags.com and their licensors retain all rights not expressly granted by this license agreement. Use of the Digital 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 Digital Media for any reason and to elect to replace the Digital Media with alternate Digital 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.
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.
Below is the license agreement that governs use of graphics and media for which a user has purchased a license. If you have purchased a license, you may download a copy of the Royalty-Free and "Link-Free" License Agreement in PDF format.
3DFlags.com Royalty-Free and "Link-Free" License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND 3DFLAGS (HEREIN REFERRED TO AS 3DFLAGS.COM or 3DFLAGS). 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.
DEFINITIONS
"Licensed Media" means any animated gif, image, icon, graphic, visual representations, or digital files which is licensed to Licensee by 3DFlags under the terms of this agreement and specified within the Invoice.
"Invoice" means the digital or printed invoice provided by 3DFlags 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 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 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 sublicensed 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 5 (five) users, either simultaneously or non-simultaneously 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, the SKU or other identification number of the Licensed Media.
If you are unsure of your usage rights under this license agreement, please contact us via our online contact form.
WARRANTY
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 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.
ENTIRE AGREEMENT
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.
GOVERNING LAW
The above terms and conditions shall be governed by the laws of Virginia, U.S.
GENERAL
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.
