December 1st 2009
This Agreement is between HELYS SARL and the user who downloads images. For the purpose of this Agreement, "Content" is defined as any image or photo owned by HELYS SARL and have been made available for download on this website or have been received by e-mail from HELYS SARL.
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from HELYS SARL, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
HELYS SARL represents that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Image(s) shall remain with HELYS SARL.
Terms and Conditions of Use
1. These Terms and Conditions constitute a legal Agreement between the User (hereinafter referred to as the "You") and HELYS SARL
2. HELYS SARL grants You a noncommercial, nontransferable license to use the Content according to the Terms and Conditions of this Agreement.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via HELYS SARL, and use the acquired Content for the following purposes :
(a) as a wallpaper for mobile phone or any else screen.
(b) Make one (1) back-up copy of the image for archive or storage purposes.
4. Without permission from HELYS SARL , You may NOT use the acquired Content for the following purposes
(a) Reproduce, display, print, adapt and publish the image using any and all media, subject to the conditions described below.
(b) use the acquired Content as a design element on a website, video game, or CD-ROM.
(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging.
(d) in connection with your business or entity, eg corporate identity documents, and letterhead.
(e) distribute the Content, electronically or in hard copy;
(f) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
(g) share Content across a network, on a CD, or in any other way;
(h) use Content in any logo or part of any trademark;
(i) under any circumstances use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects.
5. You understand that Content is copyrighted and any unauthorized use by you may be an infringement of such copyright.
6. You understand and agree that HELYS SARL, in its sole discretion, determines, for any violation of this Agreement,
7. HELYS SARL, its directors and officers, and anyone else associated with HELYS SARL disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of HELYS SARL will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. In no event will HELYS SARL, its directors and officers, or anyone else associated with HELYS SARL be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if HELYS SARL has been advised of the possibility of such damages.
(a) You understand and acknowledge that neither HELYS SARL, its directors and officers, nor anyone acting on behalf of the HELYS SARL has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
(b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
8. In no event will the liability of HELYS SARL, its employees, or related parties exceed the amount paid by you for accessing or using HELYS SARL and for accessing, acquiring, and/or using Content from HELYS SARL. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. You represent and warrant that:
(a) You have the right to enter into this Agreement;
(b) You will not use the Content in any way that is not permitted by this Agreement;
(c) Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
10. This Agreement was originally composed in French and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the French version and another language version, the French version takes precedence.
11. This Agreement constitutes the entire agreement between You and HELYS SARL regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by HELYS SARL to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed by French law. In the event of any claims stemming from application of the present contract, the parties agree to seek a solution together before taking legal action. In the event of any legal claims, the court of Châlons en Champagne (France) is the only competent authority.