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LICENSING TERMS & CONDITIONS
END-USER LICENSE AGREEMENT (EULA): By downloading any image or material from this website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on this website:
This agreement is made by and between SummertownSun Publishing, LLC, and the purchaser/licensee (otherwise listed herein as You or Your). SummertownSun Publishing hereby represents that it owns all rights and copyrights to all materials on our website or is authorized/permitted to offer for sale all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under SummertownSun Publishing. Your purchase is the purchase of a license to use the materials in accordance with the license terms of use, and does not transfer any ownership or intellectual property rights. Materials from our website will constitute and be defined as any image, photo, scan, design, or layout represented on the "Lunagirl-Images.com website."
By downloading any Materials from "Lunagirl-Images.com" you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on this website.
A. Terms of Use and Conditions as Defined Below: You agree to access, acquire, and use our Materials as follows:
These Terms and Conditions constitute a legal Agreement between You and SummertownSun Publishing, LLC.
SummertownSun Publishing grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
Images from our collection can be licensed under one of two programs: Royalty-Free or Rights-Managed, depending on their legal usage. DETAILS BELOW.
ROYALTY FREE LICENSE
The Royalty Free license grants You non-exclusive use of the image(s) you select for a one-time fee. Images licensed under the Royalty Free license agreement are licensed only to one person or organization and may not be redistributed, resold or otherwise provided to any other persons, organizations or entities.
IF YOUR INTENDED USE IS AUTHORIZED BELOW, YOU CAN PURCHASE THE ROYALTY-FREE LICENSE DIRECTLY FROM THIS SITE.
AUTHORIZED USES UNDER ROYALTY FREE LICENSURE INCLUDE:
- Handmade jewelry
- Handmade cards, tags or labels
- Labels for your own handmade products, limit of 1000 copies
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Other handmade craft items such as decoupaged items, pillows, handbags, handmade dolls, miniatures, puzzles, ornaments, altered boxes or altered books, up to 1000 copies
- Websites (limited to a single domain, your own website)
- Advertising for your own company (excluding television, film, CD/DVD)
- Brochures, newsletters
- Business cards (limited to one organization or company)
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Illustrations for books, magazines and other publications with credit to Lunagirl Images
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Calendars for sale or promotional use, with CREDIT TO LUNAGIRL IMAGES
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Personal use screen saver
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Auction templates for use on ebay, CREDIT TO LUNAGIRL IMAGES AND LINK TO LUNAGIRL.COM REQUIRED
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Custom address labels (credit to LUNAGIRL IMAGES required) No other stickers allowed.
- Incorporation into PRINTED scrapbook layouts for sale, CREDIT TO LUNAGIRL.COM REQUIRED.
Under our Royalty Free License you may alter the image and create unique derivative works for your own use subject to the same terms listed above.
Many other commercial uses not listed here may be allowed under our Royalty Free License. If you're not sure about your intended use, please email us at info@lunagirl.com for clarification.
PROHIBITED USES UNDER ROYALTY FREE LICENSE
Under the royalty-free license you may NOT create:
Photographic prints or art prints for sale
Posters or calendars for sale
Commercial printed cards, postcards, invitations or greeting cards for sale
Graphic design or website design for any third party
Incoporation into image CDs/DVDs
Digital scrapbooking kits or images Digital image files for sale or distribution or download Any downloadable product inc. website templates or backgrounds, e-cards, e-prints
Screensavers for sale or for use by others
Collage sheets, transfers, rubber stamps, "tubes," fabric blocks, for sale
Any other design elements or craft supplies for sale
Apparel for sale (other than unique handmade items)
Magnets, stickers, decals, or other printed items for sale except as noted above
Use of any image as a trademark or service mark
Use of any image for any pornographic, racist, hate-based or unlawful purpose or use
RIGHTS MANAGED LICENSE
The Rights Managed License grants You non-exclusive use of the image(s) you select. Rights Managed Licensure authorizes to use our images for commercial resale purposes beyond those permitted under the Royalty Free License. The Rights Managed License is intended primarily for commercially produced products that may be sold in stores or through ecommerce and for use in professional website design and media production.
RIGHTS-MANAGED LICENSURE CANNOT BE PURCHASED DIRECTLY FROM THIS SITE. IF YOUR INTENDED USE IS LISTED BELOW, CONTACT US REGARDING LICENSURE.
AUTHORIZED USES UNDER RIGHTS MANAGED LICENSE (All uses below require purchase of a Rights Managed License, which is NOT available directly from this site and must be purchased by contacting us):
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Commercially printed cards, greeting cards, postcards, tags or labels or sale
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Prints for sale
- Posters or calendars for sale
- Apparel for sale (other than unique handmade items)
- Magnets, decals, keychains, mugs, mouse pads, or similar printed items for sale or promotional use
- Art tiles for sale
- Commercially produced jewelry for sale
- Embroidery or cross-stitch patterns for sale (digital or printed)
- Commercial packaging
- Incorporation into digital scrapbooking kits, CREDIT TO LUNAGIRL IMAGES AND LINK TO LUNAGIRL.COM REQUIRED
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Screensavers for sale
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Website design for third parties, including templates, banners and backgrounds
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Advertising for third parties
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Media production in television or film, including advertising
Our Rights Managed images are individually priced based on the number and types of products that will be created or manufactured and are usually restricted to a single production run. Rights Managed Licenses can be renewed. To inquire about Right Managed Licensure for an image or images, contact SummertownSun Publishing at info@lunagirl.com for pricing and to make payment arrangements.
B. Restrictions on the Use of Lunagirl-Images.com Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
- You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
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You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever. Images may not be uploaded to image-sharing sites or services or otherwise redistributed or made available for download.
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You may not copy, resell, or redistribute our images in any digital format, including but not limited to CD, DVD, and downloads.
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You may not offer images individually or as part of a compilation to be saved, purchased, download, shared, or used as e-cards or e-prints.
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You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the Terms and Conditions for the License you have purchased.
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You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
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You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution except as specifically permitted under the License type you have purchased.
- You may not store the Materials on a public server or network accessible by anyone other than You (the licensee). Licensee agrees to take all reasonable steps to prevent third parties from duplicating or distributing the images in any format.
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You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that SummertownSun Publishing may, in its sole discretion:
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Monitor your download activity from Lunagirl-Images.com as often as SummertownSun Publishing determines under its sole discretion for any reason and for any violation of this Agreement.
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Disable any account that engages in what SummertownSun Publishing determines to be a large number of photos on any given day, as such activity indicates possible EULA violations or abuse of a username/password and account.
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Limit downloads to a fixed amount of downloads per 24 hour period, per user, as SummertownSun Publishing sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
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Investigate any abuse of your username and password in connection with the Lunagirl-Images.com website or in connection with this Agreement.
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Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
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Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Lunagirl-Images.com, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to SummertownSun / Lunagirl-Images.com Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
D. You understand that Materials are licensed and/or copyrighted by SummertownSun Publishing only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright and/or license agreement. E. This website and all Materials are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." SummertownSun Publishing, its employees, directors, and officers and anyone else associated with SummertownSun Publishing and Lunagirl-Images.com make no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. SummertownSun Publishing and Lunagirl-Images.com further make no representation or warranty that your usage of Lunagirl-Images.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Lunagirl-Images.com, you do so at your own risk. F. SummertownSun Publishing, its employees, directors, and officers, or anyone else associated with SummertownSun Publishing and Lunagirl-Images.com shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. You indemnify and hold harmless SummertownSun Publishing / Lunagirl-Images.com and its owners and agents against all claims, liability, damages, costs and expenses, including but not limited to direct, indirect, consequential or compensatory damages, loss of or damage to data, property, profit or income, or claims of third parties. SummertownSun Publishing and Lunagirl-Images.com, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Lunagirl-Images.com, and for accessing, acquiring, and/or using Materials from SummertownSun Publishing or Lunagirl-Images.com. G. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to SummertownSun Publishing / Lunagirl-Images.com is accurate and true, including without limitation all credit card information H. You agree to fully, indemnify, and hold harmless SummertownSun Publishing and Lunagirl-Images.com, its employees, directors, officers, and any other entity associated with SummertownSun Publishing and Lunagirl-Images.com, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement. I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement. J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
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