WayneWorks Marine Photo Library Terms and Conditions
WayneWorks Marine, LLC (WWM) is the owner and operator of this web site. The downloading and/or usage of image files from our Image Library signify your assent to these Terms & Conditions.
Limited Scope of Authorized Use
You agree that the usage of WWM images downloaded from the WWM Image Library is limited to direct promotion in printed or electronic promotional material and for the sole purpose of promoting Aggressor Fleet and/or Dancer Fleet. You agree that you will not use the WWM Image Library for any unlawful purpose including, but not limited to, submitting, posting, viewing, transmitting, reproducing and/or distributing any content that: (1) infringes any copyright, trademark or patent, (2) constitutes a trade secret or other confidential information, (3) is defamatory or injurious to any person or entity, (4) violates any person's right to privacy or publicity rights, (5) threatens harm to persons or property or otherwise harasses any person and/or (6) is in violation of any other civil or criminal law. The copying, reproduction, republication, uploading or distribution of WWM images to third parties is prohibited. We reserve all rights not explicitly granted to the user. The right of use in no event includes a right to borrow the WWM Image Library concept, either in whole or in part, and/or to put this concept, either in whole or in part, at the disposal of third parties.
Right to Remove and Destroy Material
WWM reserves the right to remove and destroy any photographs, literature, information or any other content from the WWM Image Library that is not within the limited scope of authorized use. However, you agree that WWM shall NOT be responsible for screening, policing, editing or monitoring any content or other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person on WWM Image Library.
Intellectual Property Rights
No intellectual property rights are transferred to the User and the use of WWM image files shall not, in any event, constitute an intellectual property right on the part of the User regarding the Content or the technology offered by WWM. WWM hereby declares, without being liable to pay compensation, that it has produced the WWM Image Library entirely with its own corporate resources and/or that it owns the rights to dispose of the applications and data files contained therein. At the time of delivery WWM is not aware of any third party that holds any rights that could adversely affect the undisturbed use of the WWM Image Library. If any third party state to the User that the third party has any rights with respect to any image files in the WWM Image Library, the User shall immediately notify WWM thereof in writing. With regard to third parties who state that their rights are being infringed, the User shall refrain, without prior written permission from WWM, from making any oral or written statements or promises, from acknowledging any rights or facts, from committing the User in any way whatsoever and from entering into settlements. If it is established, either in or out of court, that the use of WWM image files or any parts thereof contained in the WWM Image Library infringes any intellectual property right, WWM shall exert its best efforts to change the relevant applications in such a manner that the User may continue to use the applications. The User warrants and represents that the User shall at all times observe the limits of the right of use granted to the User and, more specifically, always respect the intellectual property rights of WWM.
You agree to indemnify, hold harmless and defend WWM, its officers, directors, employees, agents, successors, subsidiaries, sub-licensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of this agreement by you or anyone acting under your direction, authority and control, including without limitation the publication, distribution, exhibit or other use of WWM images posted by you.
THE MATERIALS, CONTENT, SERVICES AND PRODUCTS OF WWM IMAGE LIBRARY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WWMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWM DOES NOT WARRANT THAT ANY PART OF WWM IMAGE LIBRARY 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. WWMDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT, SERVICES OR PRODUCTS OF THIS SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WWM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WWM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, QUALITY, SUBJECT OR LEGALITY OF ANY CONTENT MADE AVAILABLE THROUGH WWM IMAGE LIBRARY BY WWM IMAGE LIBRARY MEMBERS AND/OR GUESTS. THE USE, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT WITHIN WWM LIBRARY DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT BY WWM OF SUCH CONTENT, OR OF ANY OPINIONS OR COMMENTS CONTAINED IN SUCH CONTENT. WWM explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from third parties not associated with WWM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against WWM with respect to such sites. WWM cannot ensure that you will be satisfied with any products or services from the WWM Library.
Limitation of Liability
WWM shall not be liable for any damage suffered by the User from the use of downloaded WWM image files. To the maximum extent permitted by law, WWM shall not be liable for any damage suffered by the User, including damage that is caused if the content of WWM Image Library is incomplete, incorrect, not up-to-date or technically not fit for the intended use. Any user who carries on a profession or business shall indemnify WWM for and against any claims by third parties for compensation or damages, including for loss of profit, suffered as a result of the use of WWM Image Library. WWM shall not be liable for the content of web sites to which the Users are referred via links. WWM shall not be liable if WWM Image Library cannot be used for practical reasons such as Errors and technical breakdown or for legal reasons such as court orders. WWM shall not be liable for the failure to fulfill any of its obligations under these Terms and Conditions, if the fulfillment has been interfered with, hindered, delayed or prevented by circumstances not reasonably within the control of WWM.
WWM reserves the right to terminate your access to WWM Image Library at any time for violation of this agreement or the law, or as WWM otherwise deems appropriate without notice and without cause. WWM may discontinue its services provided by WWM Image Library at any time without notice and without cause. You acknowledge that your reliance on the continuation of these services is unreasonable given the right of WWM to terminate services for any reason at any time. Upon termination of WWM Image Library by WWM, you acknowledge and agree that all content and information may be disposed of by any means as determined by WWM in its sole discretion. Upon termination by any party, you must destroy all materials or content obtained from WWM Image Library.
WWM shall have the right to amend these Terms and Conditions. The amended Terms and Conditions are accepted by the continued usage of WWM image files and/or the WWM Image Library.
You agree that this Agreement and any dispute relating to the Agreement, WWM Image Library or any content used in connection with WWM Image Library will be governed by and construed in accordance with the laws of the Georgia, United States of America, and you hereby consent and submit to the personal jurisdiction of the Southern District Court of Georgia for the purposes of litigating any such action. You agree that this agreement will be enforceable by us and our successors and assigns against you and your heirs, minor successors, and assigns. You agree that if any provision within this Agreement is found to be void or unenforceable, it will not affect the validity of the balance of this Agreement, which remain valid and enforceable. This Agreement is the entire agreement between the parties and supersedes in its entirety any and all written or oral agreements previously existing between the parties. This agreement cannot be amended except as set forth above. No waiver by either party, whether express or implied, of any provision of this Agreement, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement. The laws of Georgia, United States of America shall have exclusive jurisdiction to resolve any dispute arising from the interpretation of this agreement.
All references to "us", "our" and "WWM" in this agreement are intended to refer to WayneWorks Marine, LLC and its affiliate entities. All references to "you", "your" and "user" in this agreement are intended to refer to the user who accepts this Agreement by the downloading and/or usage of image files from the WWM Image Library.