This is the policy between the Customer and Blizzard Internet Marketing, Inc. with regards to use of stock photography and licensed images on your website.  You must agree to accept all of the terms and conditions of this Agreement.

Permitted Use:

• Customer may supply elements of text, graphics, photos, designs, trademarks, or other artwork to Blizzard for inclusion in Customer’s web site.
• As the designer and publisher of your web site, you have given us the authority to obtain stock photos by a third party photographer or stock photography supplier. It is understood that Blizzard will obtain all required permissions for use of such a product.
• Provided that any required License Fees have to be paid and only after the Customer approves the purchase, Blizzard will download the Stock Photography for the purpose of using the Stock Photography on the Customer’s web site(s).
• Blizzard may retain one copy of the distribution file for archival purposes, provided that this archive is not redistributed in any manner.

Restrictions:

• Due to the digital nature of the Stock Photography, there will be no refunds after Blizzard downloads Stock Photography. ALL SALES ARE FINAL.
• You may not use or copy the Stock Photography, or any part thereof except as permitted by the terms of this License Agreement.
• You may not use the Stock Photography in any type of off-line print (this includes magazines, books, newspapers, posters, calendars, screensavers, post cards, business cards, t-shirt designs etc.). Contact Blizzard to find out how to purchase a print license.
• You may not claim intellectual or exclusive ownership to the Stock Photography modified or unmodified.
• You may not use any portion of the Stock Photography to redistribute the Stock Photography under the same or another name.
• The Stock Photography may not be resold, offered for free, given away or redistributed in any manner whatsoever.

Disclaimer of Warranty:
The Stock Photography is provided on an “as is” basis without warranty of any kind — either expressed or implied — including, without limitation, any implied warranties of fitness for a particular purpose or use. Blizzard Internet Marketing, Inc. does not warrant the performance of the Stock Photography. It is understood that Blizzard Internet Marketing, Inc. assumes no responsibility for errors or omissions in the Stock Photography or malfunction therein.

Blizzard shall not be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

The entire risk as to the quality and performance of the stock photography is with client. In no event will Blizzard be liable to the client or any third party for any damages, including any lost profits or special damages arising out of the use of the Stock Photography. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Title and Copyright:
The customer represents to Blizzard and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork supplied to Blizzard for inclusion in Customer’s web site are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Blizzard and its designers from any claim or suit arising from the use of such elements supplied by the customer.

Blizzard Internet Marketing, Inc. reserves the right to change and/or modify these terms without prior notice. Understand this is a legally binding contract, and violation will have legal consequences. Should this license be violated, your acceptance of this document will be used against you in a court of law. You will be held responsible for chargeback fees, court costs, attorney fees and any other costs that arise from violation of this Agreement.

Questions? - Feel free to contact our Design Department at design@blizzardinternet.com with any questions you have regarding our Stock Photography Use Agreement.

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