Terms of Use
Your use of this website means you agree to the following terms of
use (the "Terms of Use"). If you do not agree with these terms you
should leave this website (the "Site") immediately, not use the
files herein, and/or not subscribe to this service.
This Site is owned and operated by The Pagan Alliance. (hereafter,
"The Pagan Alliance")
Any Content downloaded by you from this Site, including, without
limitation, any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Content") is licensed to you by The Pagan Alliance. Downloading the
Content does not transfer title to the Content, or any intellectual
property rights therein, to you. You may not redistribute or sell
the content.
This Site contains copyrighted animations, photographs, images,
videos, text, music, and sounds (collectively the "Content"). It is
illegal to duplicate, download or distribute any Content from this
Site except for your use, and you are subject to the Usage
Guidelines. You may not use photos or images of people or
identifiable entities in any manner that suggests the endorsement or
association of any product or service or in connection with any
pornographic or immoral materials.
If you believe that content appearing on the Site constitutes
copyright infringement of another party's rights, please follow the
instructions on our Copyrights and Copyright Web page.
The design or layout of ThePaganAlliance.org or of any other website
owned, operated, licensed, or controlled by or associated with The
Pagan Alliance, is protected by United States and International law
and other intellectual property proprietary rights and may not be
copied or imitated in whole or in part.
Individual Web sites within The Pagan Alliance have legal and
license terms which supplement these terms.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END
USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, The Pagan
Alliance MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY
PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED
UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY
STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED
WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH
WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY The Pagan Alliance.
WITH RESPECT TO THE SITE, CONTENT, AND SOFTWARE.
The Pagan Alliance DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS
CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS,
OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT The
Pagan Alliance WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU
ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR
HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL The Pagan Alliance OR ANY OF ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR
DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF The Pagan Alliance HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
LIABILITY OF The Pagan Alliance OR ANY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR
PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. 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.
PRODUCT AVAILABILITY
Products, services, and programs in this publication may not be
available in your country. References to any product, service, or
program do not imply that The Pagan Alliance intends to make
available such products, services, or programs in your country.
UNITED STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United States export controls.
No software from this site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country
or on any such list.
LINKS TO THIRD PARTY SITES.
The Pagan Alliance PROVIDES LINKS TO THIRD-PARTY SITES AS A
CONVENIENCE TO YOU. The Pagan Alliance DOES NOT CONTROL THIRD PARTY
SITES OR LINKS TO THIRD PARTY SITES. The Pagan Alliance IS NOT
RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO
THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY The Pagan Alliance OF SUCH
SITES.
OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in accordance
with the laws of Arizona, U.S.A. These Terms of Use contain the
entire understanding of the parties hereto relating to the use of
this Site and supersedes any prior written or oral agreement or
understandings between the parties with respect to this Site, and
cannot be changed or terminated orally. The invalidity or
unenforceability of any provision of these Terms of Use will not
affect the validity or enforceability of any other provision of
these Terms of Use. The Pagan Alliance reserves the right to
terminate these Terms of Use without notice if, in The Pagan
Alliance sole discretion, you fail to comply with any of these Terms
of Use. Upon termination, you must destroy all materials obtained
from this site, copies, and related documentation thereof. In
addition, The Pagan Alliance reserves the right to terminate this
site without notice.
ThePaganAlliance.org is a registered trademark of The Pagan
Alliance. All product names are either trademarks or registered
trademarks of The Pagan Alliance, or its affiliates or licensors.
All rights reserved. Microsoft, Windows, and the Windows logo are
registered trademarks of the Microsoft Corporation. Macintosh,
Apple, and the Macintosh logo are registered trademarks of Apple
Computer, Inc.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Licensing
The ThePaganAlliance.org End User License Agreement (EULA)
This Agreement is between The Pagan Alliance , doing business as The
Pagan Alliance and/or ThePaganAlliance.org (ThePaganAlliance.org ,
We or Us) and the subscriber who establishes a username and password
for the right to access, acquire, and use Content from this website
(You or Your). You may not allow anyone else to use your username
and/or password. For the purpose of this Agreement, "Content" is
defined as any image or photo represented on the
ThePaganAlliance.org website. You have agreed to be bound by the
Terms and Conditions of this Agreement and by downloading any of the
Content from ThePaganAlliance.org, You acknowledge that You have
read, understood, and accepted the Terms and Conditions of this
Agreement.
ThePaganAlliance.org 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
ThePaganAlliance.org or ThePaganAlliance.org suppliers.
Terms and Conditions of Use
You agree to access, acquire, and use the Content under the
following Terms and Conditions:
These Terms and Conditions constitute a legal Agreement between You
and ThePaganAlliance.org and The Pagan Alliance
ThePaganAlliance.org grants You a nonexclusive, nontransferable
license to use, reproduce, modify, publish, display, and distribute
the Content according to the Terms and Conditions of this Agreement.
You may, subject to the Terms and Conditions of this Agreement,
access and acquire the Content via ThePaganAlliance.org, and use the
acquired Content for the following purposes, provided you do not
violate the rights of any third party:
in magazines, newspapers, book covers, and interiors of books as a
design element.
as a design element on a website, video game, or CD-ROM but NOT in
connection with any Web site template or software product for
distribution or use by others. Use in a Web site template requires a
separate license and fee, and you may obtain information about such
a license from templatelicense@ThePaganAlliance.org.
as part of marketing, advertising, or promotional materials,
including print ads, mailers, handouts, and packaging.
in connection with your business or entity, eg corporate identity
documents, and letterhead.
as decor in an office, lobby, or public area, restaurant, or retail
store.
in a PowerPoint presentation provided that a reasonably prominent
statement is included on the same page as the Content as follows:
"Certain images and/or photos on this page are the copyrighted
property of The Pagan Alliance and are being used with permission
under license. These images and/or photos may not be copied or
downloaded without permission from The Pagan Alliance"
as design elements in video, film, or television broadcasts.
You may NOT
distribute the Content, electronically or in hard copy, except as
specifically authorized under paragraph 3 above;
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;
share Content across a network, on a CD, or in any other way;
under any circumstances, use automated or programmatic means or
methods to download Content;
use Content in any logo or part of any trademark;
use Content in any downloadable format intended for multiple
distribution including, without limitation, Web site templates,
software products, e-greetings, etc. You may contact templatelicense@ThePaganAlliance.org
to find out about a special license for such use;
under any circumstances, use Content in connection with any
pornographic, obscene, immoral, or illegal materials.
You understand that Content is copyrighted and may be owned by a
third party, and any unauthorized use by you may be an infringement
of such copyright. You also understand that the USA prohibits export
of materials to certain countries and you will abide by such
restrictions.
You understand and agree that ThePaganAlliance.org may, in its sole
discretion, (a) monitor anything you download from the
ThePaganAlliance.org website, as frequently as ThePaganAlliance.org
in its sole discretion determines, for any violation of this
Agreement, (b) flag all users who download more than 50 photos per
day, as such activity indicates potential EULA violations or abuse
of a username and password, (c) limit downloads to a fixed amount of
total downloads per 24 hour period, per user, as to insure the best
possible service to all ThePaganAlliance.org subscribers, (d) track
any abuse of your username and password in connection with the
ThePaganAlliance.org website or in connection with this Agreement,
(e) terminate your account immediately if we detect you are using,
or are trying to use any automated means to download content, and
(f) terminate your account, without notice, if it finds what
ThePaganAlliance.org believes to be any violation of this Agreement
and/or any abuse of your username and password. If your account is
terminated for any violation of this Agreement and/or any abuse of a
username or password, you lose all rights to ThePaganAlliance.org
Content, must immediately delete all Content acquired from
ThePaganAlliance.org, and forfeit all fees paid.
ThePaganAlliance.org and the Content are made available to you "AS
IS," "AS AVAILABLE," and "WITH ALL FAULTS." ThePaganAlliance.org,
its employees, directors, and officers, and anyone else associated
with ThePaganAlliance.org 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, noninfringement, or that your usage of
ThePaganAlliance.org will be uninterrupted, error free of computer
viruses or other damaging materials. When you access and acquire
Content, you do so at your risk. ThePaganAlliance.org, its employees
and officers, and anyone else acting on behalf of
ThePaganAlliance.org also disclaims any and all common-law duties,
including without limitation duties of reasonable care and
workmanlike effort. ThePaganAlliance.org, its employees, directors,
and officers, and anyone acting on behalf of ThePaganAlliance.org
make no representation or warranty as to your right to use any
individual's name, likeness, and/or image appearing in the Content
without first obtaining appropriate rights from such individual. You
understand and acknowledge that neither ThePaganAlliance.org, its
employees, directors, and officers, nor anyone acting on behalf of
the ThePaganAlliance.org website 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.
In no event will ThePaganAlliance.org, its employees, directors, and
officers, or anyone else associated with ThePaganAlliance.org 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 ThePaganAlliance.org has been advised of the
possibility of such damages. In no event will the liability of
ThePaganAlliance.org, its employees, or related parties exceed the
amount paid by you for accessing or using ThePaganAlliance.org and
for accessing, acquiring, and/or using Content from
ThePaganAlliance.org. 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.
You represent and warrant that:
You are at least 18 years of age and have the right to enter into
this Agreement;
You do not reside in any country to which export of USA products are
prohibited or restricted;
You will not use the Content in any way that is not permitted by
this Agreement;
Your use of the Content will not violate any applicable law or
regulation of any country, state, or other governmental entity;
The information you provide the ThePaganAlliance.org Sites is
accurate and true, including without limitation all credit card
information.
You agree to fully defend and indemnify ThePaganAlliance.org, its
employees, directors, and officers, and anyone else associated with
ThePaganAlliance.org, and each of their successors, licensees, and
assigns free and harmless from any and all claims, liabilities,
costs, losses, damages, or expenses, including attorneys' fees and
expenses, arising in connection with Your use of the Content and
this Site or of any breach or alleged breach of any representation,
warranty, or other promise made by You in this Agreement.
This Agreement constitutes the entire agreement between You and
ThePaganAlliance.org 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 ThePaganAlliance.org to enforce any
provision of this Agreement will not be deemed a waiver of future
enforcement of that or any other provision. Arizona law governs this
Agreement. The parties consent to jurisdiction over them in any
state or federal court in Arizona, waive any claim or defense that
such forum is not convenient, and consent to service of process by
any means authorized by Arizona law.
You have agreed, and reaffirm your agreement to conduct this
transaction electronically.
