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USAGE AGREEMENT |
THIS CONTRACT APPLIES IF:
360º Communications is willing to license its Proprietary Materials to you only upon the condition that you agree to and accept all of the terms and conditions contained in this license Agreement ("license"). BY USING 360º COMMUNICATIONS MATERIALS OR LINKING TO THE 360º COMMUNICATIONS SITE, YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE 360º COMMUNICATIONS MATERIALS OR LINK TO THE 360º COMMUNICATIONS SITE. To view and download WildBoston, Proprietary Materials of various types, including Logos of various sizes, Screen Shots of the WildBoston Web site, and Links to various 360º Communications products and services, read the following terms carefully. The materials on this Web site are provided by 360º Communications as a service to its customers and may be used for non-commercial purposes only. Therefore, the license set forth on this page is for non-commercial uses only. If you are interested in making commercial use of any 360º Communications Proprietary Materials, please contact brand{a}wildboston.com for information on our Value-Added Links Program. By using 360º Communications materials or linking to the WildBoston site, you agree to the following terms and conditions: 1. Definitions. As used herein, the following terms shall have the respective meanings set forth below: 1.1 "WildBoston" shall mean a 360º Communications website . 1.2 "IP Rights" shall mean all intellectual property rights, including copyrights, patents, trade secrets, trademarks, and other proprietary rights owned by 360º Communications. 1.3 "license" shall mean this license Agreement, as it may be modified from time to time without notice by 360º Communications. 1.4 "Link" shall mean the HTML code, URLs or Logos used to provide users of the Internet with access to the products and services of 360º Communications. 1.5 "Logo" shall mean the 360º Communications OR WildBoston logo pictured here, as it may be modified from time to time> by 360° Communications. 1.6 "Proprietary Materials" shall mean the 360º Communications OR WildBoston Logo, Screen Shots, Links, and all other intellectual property owned by 360º Communications. 1.7 "Screen Shot" shall mean the graphic files identified as such and available for download on the 360º Communications Web site. (To seek permission to use other graphical reproductions of the 360º Communications site not included here, please contact brand{a}wildboston.com) 1.8 "You" shall mean the party agreeing to the terms of this license by clicking on a button indicating acceptance of these terms. 2. Grant of license. 2.1 Scope of Grant. Subject to the restrictions, terms, and conditions of this license, and the acceptance by You of all of the restrictions, terms, and conditions of this license, 360º Communications hereby grants You a limited-purpose, non-exclusive, revocable, non-assignable, non-transferable license to its IP Rights in the Proprietary Materials for non-commercial purposes only and, regarding Logos and Links, for the sole purpose of allowing users of your site to access the products and services on 360º Communications Web pages. 2.2 No other express or implied license. Except as expressly provided, nothing within this license or any of the 360º Communications products and services shall be construed as conferring any license under any of 360º Communications's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. 3. Restrictions; Injunctive Relief. 3.1 Restrictions. The following restrictions apply to Your use of the Proprietary Materials. 3.1.1 You shall not reproduce, make copies of, distribute or otherwise use the Proprietary Materials except as permitted by this license and shall not reproduce, make copies of, distribute or otherwise use the Proprietary Materials in any media other than electronic media except as permitted by this license. 3.1.1.1 Limited Exception for Screen Shots. Screen Shots may be reproduced in media other than electronic media, subject to the other restrictions, terms, and conditions of this license. 3.1.2 You shall not modify, alter in any manner, decompile, disassemble, translate, decompile, or reverse engineer the Proprietary Materials, or create derivative works based on the Proprietary Materials. 3.1.3 When using a Link to 360º Communications Web pages, You may not modify, alter, or reformat the results returned from 360º Communications. 3.1.4 When using a URL address to create a Link to the WildBoston Web pages, you must use the following URL: http://www.WildBoston.com/. 3.1.5 Links may be used only to transport a user of Your Web site directly to the WildBoston Web pages. The Logo may only be used to transport a user directly to WildBoston's home page, http://www.WildBoston.com. 3.1.6 When using a Link or a Logo, You may not mirror the WildBoston home page or results pages on Your Web site. Under no circumstances may you present the results of a WildBoston search as Your own or "frame" an WildBoston Web page with another Web page. 3.1.7 IP Rights Notices. You shall ensure that 360º Communications's current copyright, trademark, or other proprietary notices, which may be updated from time to time, are displayed in connection with the Logos and Screen Shots. The copyright notice of 360º Communications's IP Rights shall read as follows: © 20__ 360º Communications. The trademark notice of 360º Communications's IP Rights shall read as follows: "WildBoston.com is a registered trademark of 360º Communications, and the WildBoston and 360º Logos are a trademark of 360º Communications." 3.1.7.1 Screen Shots. In addition to the IP Rights Notices described above, when using a Screen Shot, You agree to include the following credit adjacent to the reproduction of the Screen Shot: "Reproduced with the permission of 360º Communications." 3.1.8 The 360º Communications Proprietary Materials may not be used to suggest sponsorship by, or affiliation with, or endorsement by 360º Communications or to diminish or otherwise damage 360º Communications's good will in the 360º Communications trademarks. 3.1.9 The 360º Communications Proprietary Materials may only be used in the exact sizes, shapes, colors, designs, and configurations as found on those Web pages. 3.1.10 The 360º Communications Logos must appear with reasonable spacing (at least the height of the Logo) between each side of the applicable Logo and other graphic or textual elements. 3.1.11 You may not use the 360º Communications Proprietary Materials to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising or sales. The Proprietary Materials are also unavailable for use pursuant to this license if you charge a subscription or admission fee to your Web site. 3.1.12 You shall not remove or obscure any copyright, trademark, or other proprietary rights notice already present on the Proprietary Materials. 3.2 Injunctive Relief. You agree that in the event of a breach or alleged breach of Section 3.1 above, 360º Communications shall not have an adequate remedy at law, including monetary damages, and that 360º Communications shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which 360º Communications shall be entitled. 4. Title To Proprietary Rights. All right, title, and interest to the IP Rights shall remain with 360º Communications and You obtain only a limited license to the Proprietary Materials subject to all of the terms and conditions herein. 5. Indemnification. 360º Communications shall not have any liability to You for use by You of 360º Communications' Proprietary Materials pursuant to this license. You agree to defend and hold 360º Communications harmless against all damages, costs, liabilities, expenses (including attorneys' fees and expert witness costs), suits (whether in law or in equity), claims, judgments, or losses arising from any claim of patent, trademark, or copyright infringement based on use by You of the 360º Communications Proprietary Materials. 6. Termination. The license granted herein by 360º Communications may be terminated at any time and for any reason or for no reason, without cause or notice. 360º Communications reserves the right to revoke this license if you violate the terms of this license or if you fail to comply with appropriate quality control measures which 360º Communications may promulgate and communicate with you from time to time. 7. General Provisions. 7.1 No Joint Venture. Nothing contained in this license shall be construed as creating a joint venture or partnership relationship among the parties hereto nor shall any party have the right, power or authority to create any obligation or duty, express or implied, on behalf of any other party. 7.2 Assignment. You shall neither assign any of Your rights under this license nor delegate Your duties hereunder to another person or legal entity without the prior written consent of 360º Communications, which consent may be withheld for any reason. This license shall inure to the benefit of and be binding upon the parties hereto, their respective trustees, successors, permitted assigns and legal representatives. 7.3 Non-Waiver. A failure of 360º Communications to exercise any right given to it hereunder, or to insist upon strict compliance by You with any obligation hereunder, shall not constitute a waiver of 360º Communications' right to exercise such a right, or to exact compliance with the terms hereof. Moreover, waiver by 360º Communications of a particular default by You shall not be deemed a continuing waiver so as to impair 360º Communications' rights in respect to any subsequent default of the same or a different nature. 7.4 Survival. Upon termination of this license for any reason, the following Sections shall remain in full force and effect: 1, 3.1, 3.2, 4, 5. 7.5 Governing Law. The parties agree that the laws of England and Wales shall govern the interpretation and enforcement of this license. 7.6 Venue. You agree that the courts in England and Wales will be the sole and exclusive venue for any disputes arising out of or relating to this license, and you consent to such jurisdiction in those courts for that purpose. 7.7 Entire Agreement. This license contains the full understanding of the parties and supersedes all prior agreements and understandings, written or oral, between the parties with respect to the subject matter hereof; and there are no representations, warranties, agreements or understandings other than those expressly contained herein. Notwithstanding the foregoing, 360º Communications reserves the right to change the terms and conditions of this license at any time and without prior notice. Such changes will be posted on this page. 7.8 Violations of license. 360º Communications reserves the right to take action against any use that does not conform to these provisions. Should You violate the terms and conditions of this license or any other rights of 360º Communications, 360º Communications reserves the right to pursue any and all legal and equitable remedies against You, including, without limitation, terminating any and all user accounts on any and all of the 360º Communications Web sites. If a court should find that one or more rights or provisions set forth in this license is invalid, You agree that the remainder of this license shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. 7.9 360º Communications reserves the right to change the appearance and content of the Proprietary Materials at any time without notice. |
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