
Travel & Resort Video Publicity Advertising & Marketing
Dallas Austin Houston USA 512.992.9055
HOOLIGAN TV ROYALTY-FREE END-USER LICENSE AGREEMENT
Please read this Agreement carefully before purchasing or using any WorldClips royaltyfree image ("Image") from WorldClips (Isaacson Communications, Inc. hereafter refered to as Hooligan TV). If you are unsure of your rights under this Agreement, or if you wish to license additional rights or add additional users not otherwise permitted hereunder, please contact Customer Service by calling 52.992.9055, or by email at iggy@hooligantv.com.
1. By using an Image or exercising any rights granted under this End-User License Agreement (the "Agreement"), you agree to be bound by this Agreement. If you do not wish to accept the terms of this Agreement, you may return the unused image or Image CD-ROM or DVD-ROM ("DVD") to WorldClips within seven days from the invoice date for a refund of the purchase price. WorldClips and its suppliers own the rights to the Images, DVD, and Hooligan TV Website. All rights not specifically granted by this Agreement are reserved by Hooligan TV.
2. Conditioned upon your payment of the purchase price for the Image or DVD and your compliance with the terms of the invoice and this Agreement (including all restrictions), WorldClips grants to you a non-exclusive, non-transferable right to use and reproduce Images from the DVD or the Hooligan TV Website in the following, and only the following, ways:
Print Uses -- any printed materials, but not "retail photo products" (defined below).
Acceptable uses include promotional items (greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, DVD covers, cassette covers, board games, calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, reports, disposable packaging, book covers, and educational textbooks. Unauthorized "retail photo products" include, without limitation, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "photo mugs", and mouse pads, offered for sale (wholesale and retail).
Other Than Print Uses -- any electronic or digital materials including screensavers, electronic greeting cards, websites (but not website templates), broadcast video, multimedia including film and video, and DVD ROMs, provided that no Image is at a resolution greater than 480x640 pixels and each Image is incorporated into a design in such a manner to make it clear that the Image is not intended to be separately downloaded, copied, or distributed.
Restrictions. Hooligan TV may at any time during the term of this Agreement notify you that certain Images are no longer available for use under this Agreement and upon such notification, the license granted by Hooligan TV shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Hooligan TV's sole discretion, the replacement of such recalled Image with another Image or refund of any license fee paid attributable to such recalled Image. Hooligan TV cannot anticipate all possible uses of an Image, either alone or in combination with other material that you, or you on behalf of your client(s), may make. You are solely responsible for the use of any Image in combination with any other material. Without limitation, Images may not be utilized:
-as a trademark or service mark
-for any pornographic, unlawful purpose or use
-to defame any person
-to violate any person's right of privacy or publicity
-to infringe upon any copyright, trade name, trademark, or service mark of any person/entity
-for uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule,and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product
3. "Non-transferable" as used in Paragraph 2, means that the work you produce using an Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the DVD or an Image, or the right to use the DVD or an Image (except insofar as an Image has been incorporated by you into
one of the permitted uses enumerated in Paragraph 2 of this Agreement), and nothing you
produce shall grant or purport to grant to any third party a right to use or duplicate an Image.
You agree to take all commercially reasonable steps to prevent third parties from
duplicating or distributing the Images.
4. When a DVD is purchased by a company, this license Agreement authorizes no
more than five (5) individuals to use the Images contained on the DVD and exercise the
rights described in this Agreement. You may not place the DVD or an Image on computer
or other storage device that is accessible by more than one (1) user at a time via a network
connection or otherwise.
5. You shall indemnify and defend Hooligan TV and its image providers against all
claims, liability, damages, costs and expenses, including reasonable legal fees and
expenses, arising out of or related to (i) a breach of this Agreement, (ii) the use or
modification of any Image or combination of any Image with any other material, (iii) your
failure to abide by any restriction regarding the use of an Image, or (iv) any claim by a third
party related to the use of an Image, alone or in combination with any other material.
6. Limited Warranty. Subject to the restrictions and limitations regarding your use of an
Image contained in this Agreement, Hooligan TV warrants that it owns or has obtained
sufficient rights to the copyright for the Image(s) to grant you the limited license under this
Agreement. Additionally, Hooligan TV warrants that the digital copy of the Image(s)
provided by Hooligan TV to you will be free from defects in material and workmanship (but
not visual artifacts inherent in the original Image) for ninety (90) days following delivery via
this site; and, WorldClips will, as your sole and exclusive remedy for your inability to use an
Image and at its sole discretion, provide you with a replacement of the digital copy of such
Image, or refund any fee paid by you to Hooligan TV provided you have not made any
licensed use of the Image. Hooligan TV makes no warranties nor shall Hooligan TV be liable
for any Image which: (a) has been modified by you (b) has been combined by you with
other images, products, content or materials, or (c) Hooligan TV has previously notified you
not to license or otherwise use.
Neither Hooligan TV nor any of its directors, officers, employees, partners, licensors, or
agents shall be liable for any indirect, consequential punitive, or incidental damages arising
out of the use of, or the inability to use, the DVD or Website or an Image, even if
Hooligan TV has been advised of the possibility of such damages. In no event shall
Hooligan TV's liability (whether in tort, contract, or otherwise) arising out of or relating to your
use of the DVD or Image(s) or inability to use the DVD or the Image(s) exceed
U.S.$1,000.00, regardless of the number of claims or Images used.
EXCEPT AS PROVIDED IN THIS SECTION, HOOLIGAN TV MAKES NO
WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO IMAGES OR TO
HOOLIGAN TV's PERFORMANCE OF ITS OBLIGATIONS. WORLDCLIPS DOES
NOT WARRANT THAT CAPTION INFORMATION IS ACCURATE. WORLDCLIPS
MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY
IMAGES, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT
INCLUDING, WITHOUT LIMITATION, THAT THE IMAGES ARE ERROR FREE, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT.
7. This Agreement shall be governed by the laws of the State of Texas, except its
conflict of laws rules. Venue for any action respecting this Agreement, an Image, or use or
attempted use of the DVD, shall be in the state and federal courts sitting in Travis County,
Texas and you hereby consent to the jurisdiction of such courts. This Agreement may not
be assigned, nor modified by any purchase order, without Hooligan TV's written consent. If
this Agreement accompanies a pre-packaged Image or DVD, the terms of this Agreement
control over the terms of any license contained in the DVD or pre-packaged Image.