Terms of Use
For Content that at any time is available on www.thegoldenblack.com the following legally binding agreement applies:
All images are suitable for use both in printed form and electronically, i.e. internet and screen display.
The copyright of the Content remains with the Creator.
All Creators that have Content displayed on www.thegoldenblack.com have agreed to sell the right to use the Content.
The download of Content from this website can only legally take place when paid for, and the buyer confirms that these terms are read and agreed upon.
The payment grants the buyer the right to download only one copy of the chosen file.
The buyer, or his/her employer cannot transfer the bought, downloaded Content, copies thereof, or the acquired right of use, to a third party.
Golden Black cannot be held responsible for any disagreement that arise between the buyer/buyers, its employer and a third party, due to the aforementioned use of Content bought and downloaded from www.thegoldenblack.com, or any economic consequences thereof.
This is a license, not a sale. You are permitted to use Content. Golden Black or our creators continue to own the intellectual property rights in the Content. Third parties who wish to use any Content must download it from www.thegoldenblack.com themselves.
1. This Contract governs your use of Golden Black’s Content (namely, the photographic images, illustrations, fonts or other material that you download from the www.thegoldenblack.com in conjunction with entering into this Contract (’Content’).
2. You are hereby granted a perpetual, non-exclusive, non-transferable license to use Content on the terms and conditions contained in this Contract. You may only engage in expressly permitted activity with respect to Content. All other rights in and to the Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by www.thegoldenblack.com or its Creators, as the case may be.
ALLOWED USES:
3. You may:
(a) Store Content in only one location;
(b) physically transfer any Content and its archives from one location to another, provided that it may only be used in one location at a time;
(c) keep a single copy of Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;
(d) use any Content in the following applications:
(i) advertising and promotional collateral and printed materials;
(ii) online or electronic publications, including web pages
(iii) prints and reproductions for clothing line or brands but no more then 100,000 copies.
(iiii) Flash Animations, Routing and Laser Engraving, Publishing and Embroidery.
(e) create a Derivative Work (namely an original work within the meaning of the Copyright Act which incorporates but is not substantially similar to the Content) by incorporating the Content into your own work;
(f) use a Derivative Work in the same manner as permitted in section 3(d) above, and in items for resale; and
(g) transfer files containing Content or Derivative Works to your clients, printers, or ISP for the purpose of reproduction, provided that such parties shall have no further rights to use the Content.
PROHIBITED USES:
4. You may not provide a copy of Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. You may not do anything with Content that is not expressly permitted. You may not:
(a) resell, share with your friends ,give away ,repackage, or redistribute our files in any way. Also taking a vector set, recoloring it in other colors, and uploading it to your website for your visitors to download the original vector form, or even a high resolution image, is prohibited. In conclusion you are not allowed to make available the original source files for download or resale.
(b) sub-license, sell, rent, lend, or otherwise distribute any Content;
(c) post a copy of any Content on a network server or web server for use by other users; or
(d) transfer the rights to any Content or accompanying materials, except as specifically provided for in this Contract.
Disclaimer; No Refunds
GOLDEN BLACK’S ARTWORK IS PROVIDED “AS IS.” GOLDEN BLACK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING GOLDEN BLACK STOCK ARTWORK. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, GOLDEN BLACK MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Golden Black Stock Artwork is nonreturnable and nonrefundable.
Damages; Limitations
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GOLDEN BLACK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE GOLDEN BLACK ARTWORK, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GOLDEN BLACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall GOLDEN BLACK’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Governing Law
This Agreement is governed by the laws of Florida, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a Tallahassee District Court, Florida, U.S.A., or the United States District Court for the Northern District of Ohio, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.
This Agreement represents the entire agreement between you and Go Media in connection with its subject matter. This Agreement supersedes any other “Golden Black End User License Agreement” which may be included with GOLDEN BLACK Stock Artwork or previously displayed on this web site, and/or any prior agreements between you and Golden Black in connection with its subject matter. This Agreement may only be modified by Golden Black in a writing that expressly states that such writing is intended to modify this Agreement.
Governing GOLDEN BLACK
GOLDEN BLACK is a Pale Horse Design INC website and is located at: 19 19th Street South, St. Petersburg, FL. U.S.A. All support requests and other inquiries should be sent to: chris@thegoldenblack.com
