CONTENT LICENSING AGREEMENT
PLEASE READ THIS CONTENT LICENSING AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING ANY DIGITAL CONTENT OR PURCHASING ANY PHYSICAL GOODS (INDIVIDUALLY AND COLLECTIVELY, “PRODUCT” OR “PRODUCTS”) MADE AVAILABLE ON THIS SITE BY FUN STROKES LLC, A VIRGINIA COMPANY, (“COMPANY”). COMPLETING A PURCHASE OR DOWNLOADING ANY PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CAN NOT PURCHASE OR DOWNLOAD ANY PRODUCT FROM THIS SITE.
Each purchase is a single license, for a single teacher, therapist, or parent unless otherwise stated. If additional professionals wish to use the product, the buyer must purchase additional copies. The license does not permit the altering of the file in any way. The license does not permit the resell of any part of the digital file in any way.
1. USE OF PRODUCT:
Company grants you a limited, nonexclusive, nontransferable, revocable, personal license (NOT commercial use) to access and use the Product for your reference and informational purposes and/or for providing professional services to your clients, subject to the following:
- NOTE THAT PRODUCTS ARE NON-RETURNABLE AND NON-REFUNDABLE
- You may print any Product for your personal or professional use. You may NOT print any Product for any commercial purpose.
- You may annotate the text contained in any Product file.
- You shall not modify, alter, revise or otherwise change any Product except where expressly permitted.
- You shall not create derivative works from or of any Product.
- You shall not use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Product or any portion thereof, including but not limited to any metadata associated with the Product.
- You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules, or other applications that protect this Site or the Product.
- You shall not move, paste, print, copy, reproduce, duplicate, network or otherwise transfer any Product file to any computer or other device of any other person; provided, however, that you may transfer Product files to your own computers or other devices for your own personal or professional use.
- You shall not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Product available to any third party.
Company reserves the right to modify the offering of any Product at any time. Product already downloaded by you will not be affected.
2. OWNERSHIP OF THE PRODUCT:
All intellectual property rights, including without limitation, all copyrights, and trademarks, in and to the Product remain the sole property of Company and its licensors. No title or license right is granted to you except as expressly set forth in this Agreement.
3. DISCLAIMER OF WARRANTIES:
ALL PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. COMPANY, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE Product TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY PRODUCT, INCLUDING THOSE TO ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL ANY PRODUCT BE DEEMED LEGAL, TAX OR SUCH OTHER PROFESSIONAL ADVICE. YOU ARE ENTIRELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL, TAX, OR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROFESSIONAL.
4. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. COMPANY’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY OR USE, ANY PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE ITEM OF PRODUCT GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Company, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your violation of this Agreement or any other applicable terms or conditions; (ii) your unauthorized use of any Product; (iii) any incomplete or inaccurate information or data provided by you; or (iv) your negligence or willful misconduct. Company reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without Company’s prior written consent unless such settlement includes a complete release of Company from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, Company.
This Agreement will terminate immediately without notice from Company if in Company’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all the Product obtained from this Site.
7. US EXPORT ISSUES:
No Product from this Site may be downloaded or otherwise exported or re-exported in violation of any applicable U.S. export laws, rules or regulations.
8. GOVERNING LAW AND GENERAL PROVISIONS:
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles of conflicts of law. The state and federal courts in the Commonwealth of Virginia shall be the exclusive jurisdiction for all disputes relating to this Agreement. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein. Company may revise this Agreement at any time without notice by updating this posting. You may not assign this Agreement or any right or obligation hereunder.