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Copyright © 1996-02 FRVP. All rights
reserved. Reproduction in whole or in part in any form or in any
medium without express written permission of FRVP is prohibited.
Terms and Conditions
By using this site and/or downloading any
material, you agree to be bound by this Agreement.
This agreement applies to you, and if you
are using this web site on your employer's behalf, to you and your
employer. FRVP reserves the right to change this Agreement from
time to time at its sole discretion, and your use of the site will
be subject to the most current version posted on the site at the
time of your use. If you do not wish to be bound by this Agreement,
do not accept this Agreement and do not use this site or download
or use any Images.
Permitted Use of this Site
This site is owned and operated by FRVP.
All images and related informational materials in any medium furnished
by FRVP hereunder, including related text, captions, or information
(collectively referred to as "Images") are owned by FRVP
or our Image providers. All Images are protected by US and international
copyright laws.
FRVP may immediately terminate all licenses
granted to you without notice if you fail to comply with any provision
of this agreement or with FRVP' Standard Terms and Conditions applicable
to your use. If a license is terminated, you agree to immediately
(i) stop using this site and the Images, (ii) delete all Images
and all copies from all magnetic media and destroy all other copies,
or at FRVP' request return all such copies to FRVP. Your use of
this site and any Images shall comply with all applicable law. FRVP
may restrict or remove your access to this site at any time, or
restrict or remove the use of any Image for any reason, and may
replace the Image with another Image, and you agree to immediately
discontinue all use of the Image upon notification from FRVP.
Despite our efforts to provide accurate information,
this site may contain technical or other mistakes, inaccuracies
or typographical errors. Additionally, this site and any Images
may include historically and culturally important images and text
that may contain subjects that reflect the social attitudes and
circumstances of a particular time or location. You should be aware
that your search may display results containing content that may
seem inappropriate to its context, or text that could be potentially
offensive. You are solely responsible for determining whether your
use of any Image requires the consent of any third party or the
license of any additional rights, and you should not rely solely
on the information provided by FRVP. If you are unsure whether
additional third-party rights are needed for your use, you are responsible
for consulting with competent rights management professionals or
legal counsel.
As a convenience, our site may link to other
sites that may be of interest to you but are not under FRVP' control.
These links do not imply endorsement by FRVP and we are not responsible
for the availability of or the content contained in any linked site.
The FRVP site may contain or use technology that provides FRVP
and its affiliates with information regarding your use of this site,
or which permits FRVP to audit your compliance with this Agreement
via the use of software designed to track and identify Images. Please
consult FRVP Privacy Policy for specific information on FRVP
policies for use of your personal information.
FRVP Trademarks
You may not use the trademarks or service
marks of FRVP without FRVP' prior written consent. FRVP and the
FRVP logo are trademarks of FRVP.
Indemnification
You agree to indemnify, defend, and hold
harmless FRVP against all claims, liability, damages, costs and
expenses, including reasonable legal fees and expenses, arising
out of or related to (1) a breach of this Agreement, (2) the use
of this site and the use of any Image either alone or in combination
with any other material, (3), your failure to abide by any restriction
regarding the use of an Image, or (4) any claim by a third party
related to the use of an Image, alone or in combination with any
other material.
Disclaimers
FRVP PROVIDES YOU WITH ITS SITE AND IMAGES
ON AN "AS IS" BASIS. FRVP MAKES NO WARRANTY, EXPRESS
OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION,
OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR
ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY
LAW BE EXCLUDED OR LIMITED, NEITHER FRVP NOR ANY FRVP AFFILIATE
SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH
IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED
AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT,
FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL FRVP'
OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED
HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNT INVOICED AND PAID
BY YOU FOR THE USE OF THAT IMAGE, OR (2) $500.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
FRVP may terminate accounts who infringe
the intellectual property rights of others. If you believe that
your work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on a FRVP produced
site, send FRVP' copyright agent a notice containing: (i) a physical
or electronic signature of the copyright owner or person authorized
to act on behalf of the copyright owner; (ii) a description of the
copyrighted work or works that you claim have been infringed and
identification of what material in such work(s) is claimed to be
infringing; (iii) a description of where the material that you claim
is infringing is located; (iv) information sufficient to permit
FRVP to contact you, such as your physical address, telephone number,
and email address; (v) a statement that you have a good faith belief
that the use of the material you identified is not authorized by
the copyright owner, its agent, or the law; and (vii) a statement
by you that the information in your notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Choice of Law / Jurisdiction / Attorneys'
Fees
Any dispute regarding this Agreement shall
be governed by the laws of the State of New York and applicable
U.S. Federal law, including Title 17 of the U.S. Code, as amended.
The parties agree to accept the exclusive jurisdiction of the state
and federal courts located in New York, USA. This Agreement shall
not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly
disclaimed. The parties hereto confirm that it is their wish that
this Agreement as well as any other documents relating hereto, including
notices, has been and shall be written in the English language (Les
parties aux presentes confirment leur volonte que cette le convention
de meme que tous les documents y compris y tout avis qui s'y rattache
soient rediges en langue anglaise). In any dispute between FRVP
and you, FRVP shall be entitled to recover its reasonable attorneys'
fees, legal expert fees, and other legal expenses from you.
No Waiver / Severability
No action of FRVP, other than an express
written Waiver or Amendment, may be construed as a waiver or amendment
of this Site Usage Agreement. Should any clause of this Agreement
be found unenforceable, wherever possible this will not affect any
other clause and each will remain in full force and effect.
Miscellaneous
You acknowledge that you have read this Agreement
and understand it, and agree to be bound by all its terms and conditions.
This document constitutes the entire agreement between the parties
with respect to the subject matter hereof and merges all prior and
contemporaneous communications. This Agreement shall not be modified
except by a written agreement signed by duly authorized representatives
of FRVP, provided that no purchase order or similar document issued
by you shall modify this Agreement even if signed by FRVP. If
any provision of this Agreement is found invalid or unenforceable,
the remainder of this Agreement shall remain valid and enforceable
according to its terms. The parties intend that the provisions of
this Agreement be enforced to the fullest extent permitted by applicable
law. Accordingly, the parties agree that if any provisions are deemed
not enforceable, they shall be deemed modified to the extent necessary
to make them enforceable and in such manner as comes closest to
the intentions of the parties to this Agreement as is possible.
This Agreement will inure to the benefit of and be binding upon
the parties, their successors and assigns, except that you may not
assign or transfer this Agreement without FRVP' prior written
consent.
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