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THE LICENSING PROJECT, LLC
TERMS AND CONDITIONS OF USE

Your use of the website of The Licensing Project, LLC is subject to the following terms and conditions. When you access, browse or use this website, you accept without limitation these terms and conditions.

PRIVACY
Please review our Privacy Policy, which is incorporated by reference herein, to understand our practices concerning the privacy of the information we receive from you.

OWNERSHIP OF INTELLECTUAL PROPERTY
All content included on this website, such as text, photographs, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations and software, is the property of The Licensing Project, its licensors or other content suppliers and is protected by United States and international copyright laws. THE LICENSING PROJECT and other graphics, logos, page headers, button icons, scripts, trade names and service names are registered or unregistered trademarks or trade dress of The Licensing Project in the United States and/or other countries and may not be used in connection with any product or service without The Licensing Project’s prior written consent, which it may withhold in its sole and absolute discretion. All other trademarks not owned by The Licensing Project that appear on this website are the property of their respective owners.

WEBSITE ACCESS AND USE
The Licensing Project grants you a limited license to access and use this website only for its intended purpose, which is to enable you to view the photographs and other images displayed on the website, and to use those photographs or images that you license from The Licensing Project in accordance with and subject to the terms of a license agreement between The Licensing Project and you. Under no circumstances are you to download or reproduce any portion of this website for any purpose, except with the express prior written consent of The Licensing Project or as provided in a license agreement between The Licensing Project and you. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photographs, images, text, page layout or form) of The Licensing Project, its licensors and other content suppliers without The Licensing Project’s prior written consent. You may not use any meta tags or any other "hidden text" utilizing The Licensing Project’s name or trademarks without the prior written consent of The Licensing Project. Any unauthorized use of this website or its contents automatically terminates the license granted by the Licensing Project to access and use the website. Further, you are hereby advised that any such unauthorized use of this website or its contents may violate applicable laws and governmental regulations governing the protection and use of intellectual property.

INFORMATION PROVIDED BY YOU
Use of The Licensing Project website will be limited to persons who are registered users. You represent and warrant to The Licensing Project that all information that you provide in connection with or in support of your registration for use of this website will be accurate and account.

DISCLAIMER AND LIMITATION OF LIABILITY
This website and the photographs, images and other content on this website are “as is” and The Licensing Project hereby DISCLAIMS ALL WARRANTIES CONCERNING OR RELATING TO THIS WEBSITE AND THE PHOTOGRAPHS, IMAGES AND OTHER CONTENT ON THIS WEBSITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, SHALL THE LICENING PROJECT BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE including, but not limited to, loss of profits of revenue, loss of use, loss of data or any other damages arising out of, connected with or related to (A) the use or inability to use this website, (B) the use of photographs, images or other content on this website, (C) unauthorized access to or alteration of your transmissions of data from this website, (D) statements or the conduct of any third party on this website or (E) any other matter relating to the website.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Licensing Project and all it members, managers, officers, employees, information providers, licensors and licensees, and its and their affiliates (collectively, "Indemnified Parties") from and against any and all losses, damages, liabilities and costs (including, without limitation, attorneys' fees and disbursements), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will cooperate at your expense as fully as reasonably required in The Licensing Project’s defense of any such claim. The Licensing Project reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by you and you shall not in any event settle any such claim without the written consent of The Licensing Project.

APPLICABLE LAW
These Terms and Conditions of Use are governed by the laws of the State of New York, U.S.A. without regard to that state’s conflict of laws rules. Each user of this website and The Licensing Project for itself and its successors and assigns (a) hereby consents to and irrevocably submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York or a New York State Court of general jurisdiction located in the Borough of Manhattan, City of New York for the purposes of any suit, action or other proceeding arising out of or relating to this website, the subject matter thereof or any use thereof, (b) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such suit, action or proceeding any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these terms and conditions cannot be enforced in or by such court, and (c) HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR OTHER PROCEEDING.

WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.


THE LICENSING PROJECT, LLC
LICENSING TERMS AND CONDITIONS

INTRODUCTION
The photographs on The Licensing Project LLC website (the “Website”) are available for use under license by registered users of the Website. Individual licenses will be granted by email or other communication addressed to a licensee for each photograph licensed setting forth the purpose, terms of use and license fee applicable to that photograph (an “Individual License”). Unless expressly provided otherwise in an Individual License, in addition to the purpose, terms of use and license fee set forth therein, each Individual License is subject to the licensing terms and conditions set forth below and which are incorporated in each Individual License by reference. Each Individual License shall constitute the entire agreement between The Licensing Project and the Licensee with respect to the licensed photograph identified in such Individual License. A registered user of the Website who has been granted a license is called herein a “Licensee”.

THE LICENSE
A Licensee is granted a non-exclusive, non-assignable and non-sublicensable right to use the licensed photographs solely for the purposes and in accordance with the terms of use described in the applicable Individual License and with these licensing terms and conditions. The license shall be for a onetime use only unless expressly agreed otherwise by The License Project. No ownership or copyright rights in any licensed photograph are transferred to a Licensee.

USE OF THE LICENSED PHOTOGRAPHS
The Licensing Project and is partners, licensors and suppliers are individually or jointly the owners of or otherwise have the legal right to license the photographs on the Website subject to these terms and conditions and to enforce the copyrights covering such photographs. A Licensee’s use of a licensed photograph must be strictly in accordance with the purpose and terms of use described in the applicable Individual License. Any deviation from the stated purpose and terms of use by a Licensee or failure to credit the artist and thelicensingproject.com as provided below shall constitute a material breach of the Individual License. See Remedies on Breach below. Without in any way limiting the foregoing, licensed photographs shall not be altered, changed or modified unless expressly permitted by The Licensing Project and may not be used directly or indirectly for pornographic, defamatory or other unlawful purposes. A Licensee shall not represent that a licensed photograph is the original work of the Licensee. Unless expressly agreed otherwise by The Licensing Project, in connection with each use of a licensed photograph the Licensee shall give credit to the original creator of the licensed photograph and to The Licensed Project as follows: “[artist’s name]/thelicensingproject.com”. A Licensee shall be responsible for determining whether a model release and/or a property release is required in connection with any proposed use of a licensed photograph and shall be responsible for obtaining such releases if required.

FEES AND LATE CHARGES
Each Individual License will state the license fee for the photograph licensed by it. The license fee shall be payable in full upon the granting of the license, unless The Licensing Project expressly consents to other payment terms. If the payment terms provide for partial or full payment within a stated period, there shall be a late charge of 1.5% per month on all past due amounts. Failure to make a license fee payment when due shall constitute a material breach of the Individual License. If for any reason a Licensee shall cancel an Individual License prior to using the licensed photograph, there shall be a cancellation fee equal to 50% of the licensee fee for such photograph. The Licensing Project will deduct the cancellation fee from the license fee or the part thereof previously paid and refund the balance to the licensee, or if less than 50% of the license fee was previously paid, The Licensing Project will retain the amount, if any, previously paid as a partial payment of the cancellation fee, and the balance of the cancellation fee shall be immediately due and payable by the Licensee.

WARRANTIES
The Licensing Project hereby represents and warrants to each Licensee that (a) it has the right to license the photographs on the Website subject to the terms and conditions set forth in the Individual Licenses and herein and (b) subject to the Licensee obtaining any necessary model and/or property releases, the Licensee’s use of the licensed photographs in accordance with the Individual License and these terms and conditions will not infringe on any copyrights or other intellectual property rights of any person. The Licensing Project makes no representation or warranty concerning the condition of the licensed photographs, all of which are licensed “as is” subject to no representation or warranty as to quality or condition. EXCEPT AS SET FORTH ABOVE, THE LICENSING PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE LICENSED PHOTOGRAPHS OR THE USE THEREOF, AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

LIMITATION OF LIABILITY
IN NO EVENT, WHETHER ON ACCOUNT OF THE LICENSED PHOTOGRAPHS OR THE RIGHTS GRANTED TO A LICENSEE IN RESPECT THERETO, SHALL THE LICENSING PROJECT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, including, but not limited to, loss of profits or revenues, loss of use of the licensed photographs, downtime costs, delays, or claims of customers of the Licensee of other third parties for such or other damages. The provisions of this paragraph shall apply to the full extent permitted by law, regardless of fault or negligence of The Licensing Project or its partners, licensors or suppliers, and shall apply notwithstanding any provisions to the contrary in these terms and conditions or in the applicable Individual License. The Licensing Project’s liability on all claims whether in contract, warranty, negligence, tort, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from a licensed photograph or the license granted to licensee in respect of any licensed photograph shall in no case exceed the license fee applicable to such licensed photograph. All causes of action against The Licensing Project arising out of or relating to this or any licensed photograph or Individual License shall expire one year after the date of accrual thereof.

INDEMNITY
The Licensee shall defend, indemnify and hold The Licensing Project and all its members, managers, officers, employees, information providers, licensors and licensees and their affiliates and legal representatives, successors and assigns harmless from and against any losses, damages, liabilities and expenses, including reasonable attorney’s fees, incurred by an Indemnified Party in connection with or resulting from any claim arising out of or related to (a) the Licensee’s use of any licensed photograph other than in accordance with the purpose and terms of use contained in the Individual License applicable to such licensed photograph and these terms and conditions or (b) the Licensee having failed to obtain any release necessary or required for the use of such licensed photograph.

REMEDIES ON BREACH
If a Licensee shall fail to comply with the purpose and terms of use for a licensed photograph contained in an Individual License, fail to pay all or part of a license fee when due or violate these terms and conditions, The Licensing Project shall have the right to terminate the license granted to the Licensee under such Individual License and under any other Individual Licenses between The Licensing Project and such Licensee then in effect immediately upon giving a notice of termination to the Licensee sent to the email address supplied by the Licensee upon its becoming a registered user of the Website. In addition to its right of termination as above provided, The Licensing Project shall have all rights and remedies against the Licensee available to it under these terms and conditions or at law or in equity arising out or resulting from any such breach.

GOVERNING LAW
These terms and conditions and each Individual License incorporating these terms and conditions by reference shall be governed by the laws of the State of New York, U.S.A. without reference to that state’s conflict of laws rules. Each Licensee and The Licensing Project for itself and its successors and assigns (a) hereby consents to and irrevocably submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York or a New York State Court of general jurisdiction located in the Borough of Manhattan, City of New York for the purposes of any suit, action or other proceeding arising out of or relating to an Individual License or the subject matter thereof or any of the transactions contemplated thereby, (b) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such suit, action or proceeding any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these terms and conditions or the Individual License incorporating them by reference cannot be enforced in or by such court, and (c) HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR OTHER PROCEEDING.

MISCELLANEOUS
Each Individual License incorporating these terms and conditions by reference shall constitute the entire agreement between The Licensing Project and the Licensee with respect to the licensed photograph identified in that Individual License. An effective Individual License supersedes any prior agreement or understanding between The Licensing Project and the Licensee with respect to the subject matter thereof. An Individual License may not be amended or modified and no provision thereof may be waived except in writing signed by duly authorized representatives of The Licensing Project and the Licensee. An Individual License may not be assigned by the Licensee unless consented to in writing signed by a duly authorized representative of The Licensing Project.


THE LICENSING PROJECT, LLC
PRIVACY POLICY

This Privacy Policy applies to The Licensing Project website. By using our website, you accept the terms and conditions of our Privacy Policy.

We collect personal information such as your name, email address, gender, date of birth, zip code and credit card information when you register on our website, license or purchase products and services from or through our website. We use the personal information that you provide to respond to your requests, process our transactions with you and send you emails about our products and services.

We may also collect non-personal information when you visit our website, such as your PI address, your browser type, the pages you view and other actions taken by you in connection with accessing and using our website. We collect non-personal information about visitors to our web site through the use of cookies. A computer that accesses our web site may be assigned a cookie, which stores data on that computer’s hard drive relating to its use of our website. The information collected by cookies allows us to monitor the number of visitors to our website, the frequency of visits to our website and the use of our website by its visitors and users. This information assists us in improving the website to better serve the requirements of our customers.

We follow accepted industry standards to protect the confidentiality of your personal information. Except as described in this Privacy Policy or as specifically agreed to by you, The Licensing Project will not disclose any personal information it receives from you on our website to third parties for any purpose. We may only release personal information to third parties: (1) to process credit card purchases, or (2) to comply with valid legal requirements requiring disclosure, such as a subpoena or court order. In the event that we are legally compelled to disclose your personal information to a third party, we will attempt to notify you as far in advance as possible.

The Licensing Project website contains links to other sites. Once you enter another website, whether through an advertisement, service, or content link, The Licensing Project is not responsible for the privacy practices of these other sites.

We reserve the right to modify our Privacy Policy at any time. Therefore, we recommend that you review our Privacy Policy from time to time to learn about any changes.



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