Bangbouh.com LICENSING TERMS & CONDITIONS

END-USER LICENSE AGREEMENT (EULA)
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between Bangbouh.com (otherwise listed herein as "We" or "Our") and you (otherwise listed herein as "You" or "Your" or, if you are accepting on behalf of your employer or member account entity, then "you" means that employer or entity and affiliates) who creates an account for the right to access, acquire, and use Materials from this website. Bangbouh.com hereby represents that it owns all rights and copyrights to 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 Bangbouh.com and "Materials" from our website will constitute and be defined as any photographic image, illustration, design, or layout represented on the Bangbouh.com website. By downloading any Materials from Bangbouh.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 our website.

Terms of Use and Conditions as Defined Below:

A. User's Rights to Materials from Bangbouh.com. You agree to access, acquire and use our Materials as follows:

1. These Terms and Conditions constitute a legal Agreement between You and Bangbouh.com.


2. Bangbouh.com grants You a non-exclusive, non-transferable license to use our Materials according to the defined Terms and Conditions of this Agreement.


3. You may access, acquire and use the Materials downloaded from Bangbouh.com subject to these Terms and Conditions in the following manner:


• as part of a website or electronic publication, excluding website templates or designs sold individually or as part of an archive or catalog collection, or an automated shopping system;


• as a design element in applications such as magazines, newspapers, books and book covers, editorials, newsletters, and video, broadcast and theatrical presentations;


• within marketing, promotional and advertising projects, including printed materials, brochures, mailers, catalogues, product packaging, fliers, presentations, film and video presentations and commercials;


• in electronic presentations, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that "Some images contained in this presentation are the copyrighted property of Bangbouh.com. As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from Bangbouh.com."; and


• for personal use as prints and posters (i.e. a hardcopy), but not for resale, license or other distribution;

B. User's Restrictions on the Use of Bangbouh.com Materials. You agree not to access, acquire, or use our Materials in any of the following manners:

1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.


2. You may not distribute, share, sell, sub-license, rent, give away or otherwise transfer any of our Materials at any time for any reason whatsoever.


3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the "User's Rights to Materials from Bangbouh.com" section of this Agreement.


4. You may not use or display our Materials on websites or other venues designed to induce or involving the sale, license or other distribution of "on demand" products, including postcards, mugs, t-shirts, mouse pads, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com).


5. You may not either individually or in combination with others, reproduce our Materials, or an element of our Materials, in excess of 500,000 times without obtaining an Extended License. This does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production.


6. You may not use any of the Materials downloaded or obtained from our site in a design template (including website templates, Flash templates, business card templates, electronic greeting card templates and brochure design templates) intended for resale individually or as part of an archive or catalog collection, on-line or off-line, or through an automated shopping system, under any circumstances.


7. 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 separately or detached from a product or Web page.


8. 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.


9. You may not use or display our Materials in an electronic format that enables it to be distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement


10. You may not use any of our Materials as part of a trade-mark, design-mark, trade-name, business name, service mark or logo.


11. You may not use any of our Materials for editorial purposes without including the following credit adjacent to the Materials: "©Bangbouh.com".


12. You may not under any circumstances use our Materials in connection with any illegal, infringing, defamatory or libelous, obscene, immoral, or pornographic material.

C. You understand and agree that Bangbouh.com may, in its sole discretion:

1. Monitor your download activity from Bangbouh.com as often as Bangbouh.com determines under its sole discretion for any reason and for any violation of this Agreement.


2. Disable any account that engages in what Bangbouh.com 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.


3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Bangbouh.com sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.


4. Investigate any abuse of your username and password in connection with the Bangbouh.com website or in connection with this Agreement.


5. 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.


6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Bangbouh.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 Bangbouh.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 copyrighted and owned by Bangbouh.com only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.

E. Bangbouh.com and all Materials are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." Bangbouh.com, its employees, directors, and officers and anyone else associated with Bangbouh.com makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Bangbouh.com further makes no representation or warranty that your usage of Bangbouh.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Bangbouh.com, you do so at your own risk.

F. Bangbouh.com, its employees, directors, and officers, or anyone else associated with Bangbouh.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. Bangbouh.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 Bangbouh.com, and for accessing, acquiring, and/or using Materials from Bangbouh.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 Bangbouh.com is accurate and true, including without limitation all credit card information.

H. You agree to fully, indemnify, and hold harmless Bangbouh.com, its employees, directors, officers, and any other entity associated with Bangbouh.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.