Payment Terms

Zozart.com accepts Visa, MasterCard, American Express, Pay-pal, and Checks. If payment is by check, Zozart.com will withhold images/ disks for delivery until the check clears processing.

Delivery Methods

For purchase of individual images: The Zozart shopping cart will provide a code key to unlock the images for downloading for a period of sixty days from the date that funds are released to Zozart.com
If a 50 images CD is purchased: the Purchaser has the option of downloading the images over the internet, free of charge via the Zozart.com shopping cart with an unlocking key code and/or receiving a hard copy CD(s) with jewel case and catalog for an additional cost of $24.95.

For shipping of CD(s), the mail carriers: US Mail, UPS, Federal Express may be used. Allow ten (10) days for shipping and handling. Expedited shipping can be arranged.

STATEMENT OF CONTRACT / TERMS OF USE

THIS IS A LEGAL AGREEMENT BETWEEN YOU, PURCHASER (IF OTHER THAN YOU) AND ZOZART. THIS AGREEMENT APPLIES TO ALL ZOZART DIGITAL IMAGES AND PRODUCTS.

THESE TERMS AND CONDITIONS OF USE INCLUDE THE ZOZART ROYALTY-FREE LICENSE AGREEMENT TO WHICH YOU ARE CONFIRMING YOUR ACCEPTANCE BY YOUR DOWNLOADING AND/OR USING ANY ZOZART IMAGE(S) ON CD.

YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION TO YOUR ACCESS TO AND USE OF ANY IMAGE(S). DOWNLOADING AND/OR USING ANY IMAGE(S) FORMS A LEGAL CONTRACT BETWEEN YOU AND ZOZART.

Zozart reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).

In the text of this contract:

“You” shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

"Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of any Licensed Material, via any medium by whatever means, and the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.

"User" means any employee or subcontractor of Licensee who: downloads, manipulates, edits, modifies or saves the digital file containing the Licensed Material; is otherwise directly involved in the creative process utilizing the Licensed Material; or incorporates the Licensed Material within any derivative work.

Where Purchaser is an “agent” of the user, licensing Zozart material on behalf of a User, Purchaser hereby represents and warrants that the Purchaser is authorized to act as an agent on behalf of User and has full power and authority to bind the user to this Agreement; and if the User disputes Purchaser's power and authority to act on behalf of User with respect to this Agreement, Purchaser shall be bound and liable for any failure of User to comply with the terms of this Agreement. .
If you do not have authority to enter into this agreement or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.

LICENSE

Upon acceptance of these terms as set forth herein, Zozart grants “You” a perpetual, non-exclusive and non-transferable, non-sub licensable Royalty-Free License for all images purchased through Zozart.com. All Users shall only use the Images in accordance with the terms of this Agreement.

The licensee can use the licensed images an unlimited number of times in any media for all purposes other than the uses as specifically prohibited in this agreement.

The licensee can use the licensed images Royalty-Free to a maximum aggregate quantity of 500,000 times per each end use application. An Extended use License agreement is necessary for additional uses over 500,000 at the rate of $10/1000.

Copyright

The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of Zozart.com. Use of the Images is licensed, not sold, conditioned to the terms of this Agreement. The use of Zozart content/images without agreeing to the terms herein, or a breach of these Agreement terms, is copyright infringement.

Zozart name, images, web content and logo is copyrighted and not to be used for resale applications without a Zozart license specific to the image(s) used for resale application.

Whenever possible, Zozart requests the copyright notice “© (current year), Zozart” appear adjacent to the Image(s) or on a credit page.

You agree that no rights, including copyright rights, and rights to copy, or distribute will be granted or implied to consumers of products or services provided by you. In addition, you agree that you will in no way imply that these rights are allowed.

You may have the licensed images reproduced by subcontractors for preparation of a final product, the subcontractors must agree to abide by the provisions of this Agreement.

You may not falsely represent, expressly or impliedly, that you are the original creator of a work that is a stand-alone derivative from the Licensed Material.

Copyright Infringement

Use of the Zozart images in anyway not expressly authorized by this agreement or using the licensed images by more than ten (10) users without purchasing additional licenses will be considered infringement of the Zozart copyright.

In the event you become aware of any activity that infringes any rights, including copyright rights, in the Images, you must promptly notify the offender of the copyright infringement. If the copyright infringement is not ceased immediately then you will promptly notify Zozart of such activity and provide all cooperation reasonably requested by Zozart regarding such activity.

Licensee shall be responsible for all damages and court costs associated with enforcement of the copyright laws. In addition to any damages, licensee agrees to pay a fee equal to four times the Zozart license fee.

Modifications

No provisions in any purchase orders, or in any other business form will supersede the terms and conditions of this Agreement.

Comp Images and content

“Comp Usage” is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use.

Statement of license

Quantity of users: This agreement is good for a ten (10) users per image or CD disk within the same legal entity. If the Image(s) are to be placed on a network server or in an image library accessible by more than ten (10) computers/workstations then contact Zozart.com for additional copies/license at a multi-seat rate.

Letter of Compliance

If Zozart has reasonable cause to believe that the licensed images are being used by more that the authorized number of users or the images are being used in a fashion not allowed within the scope of the license, then Zozart has the right to request a letter of compliance, from an officer of the user certifying the number of users for the licensed images.

Acting as agent

If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.

Permitted uses

Following applies to the use of Zozart materials and is subject to the terms and conditions as outlined in this agreement:

You may: Back up, and store all Image(s) as necessary on a single server for future use. Any copy or archive you make must include a copyright notice

Use the Zozart materials in any print or electronic media with the exceptions as outlined in “Prohibited uses or as prohibited by other terms within this agreement.

You may modify the images in any way necessary to fit your use. The modification of the image(s) in any way or modification of sections of the image(s) does not nullify the original Zozart copyright and transfer the copyright to you.

If there is any doubt that a proposed use is a Permitted Use, you should contact Zozart for guidance.

Prohibited uses

You may not do anything with the Content that is not expressly permitted in the preceding section. The following is for further clarification of what is not permitted only and is not to be considered a complete list. If you are not sure if a use is permitted, contact Zozart.com.

You will not use the Zozart materials for any application that is intended for resale such as: clothing, household items, consumables, ad specialties, art reproductions, posters, calendars, any item sold for profit or non-profit.

You will not use the Zozart materials, on the internet, in any way that could cause extraction, re-distribution or re-use of the Zozart materials by unauthorized individuals or organizations.

You will not re-sale, sub-license, rent, or distribute the license granted to you to any third party with the exception that the use of a third party is necessary to complete a project that you are working on. The third party must be informed that this is copyrighted material and they must also agree to the terms of this agreement. This third party is authorized only to use the materials for your project only.

The Zozart material is not to be used in any application whereas the aggregate of images or sections of the images, modified or unmodified, will be reproduced in excess of 500,000 without contacting Zozart.com for a Extended License agreement. This does not apply to web, newspaper or magazine advertising. The cost of additional uses greater than 500,000 is $10/1000.

The materials will not be displayed in any digital format or for any digital use at a resolution greater than 74 dpi, except in editorial or preliminary design work.

Storage of images

All licensed images that are stored on the licenses computers must be protected against unauthorized third party access. All images stored on CD, DVD or other portable storage devices must be kept safe from unauthorized access or unauthorized use. All storage forms of archived Zozart materials need to have “Zozart Copyright material” notated plainly in the file name, under the image or written on the storage device where possible.

Warranty

THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONLY YOU CAN DETERMINE THE FITNESS FOR A PARTICULAR PURPOSE. ZOZART DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL ERROR FREE. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME THE RISK AND COST OF ALL NECESSARY CORRECTIONS.

Zozart is provides the images “AS IS” without warranty of any kind. The Licensee shall inspect all production files for digital defects or imperfections in the Zozart images prior to sending the digital products for reproduction. Zozart shall not be held liable for any costs experienced by the licensee or a third party. The Images are copies of portions of painted art works and there are flaws in the original works of art that may have transferred over to the digital copies. You understand that the images may need to be inspected and confirm that the digital quality will work with the application. If defects in any final application become apparent, you assume the risk and cost of all necessary corrections.

Indemnification

You agree to indemnify and hold Zozart harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys’ fees) asserted against Zozart arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement.

Enforceability/Severability

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties' intent. The remaining articles will retain their enforceability

Termination

This Agreement is effective until it is terminated.

This Agreement will terminate automatically, without notice from Zozart.com if you fail to comply with any term(s) of this Agreement.

You can terminate the licenses granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose

Juristiction/Disputes

This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Washington, United States. Any disputes arising from this agreement shall be settled by binding arbitration to be held in Seattle, Washington

Legal fees

You agree to reimburse Zozart.com for its legal fees, costs and disbursements if Zozart.com is successful in enforcing any of its rights under this Agreement including, without limitation, costs in connection with any action to collect payment.

Assignability

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. Zozart.com may assign or transfer this Agreement.

GENERAL

Taxes and other You agree to pay and be solely responsible for any and all taxes and or duties required by your use/purchase of these images in your jurisdiction.

Zozarts’ failure to insist upon or enforce performance of any provision of this Agreement shall not be considered a waiver of any provision or right.

Legal terms and agreement acknowledged

ENTIRE CONTRACT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE CONDITIONS AND TERMS. YOU ALSO AGREE THAT THE TERMS HEREIN SUPERSEDES ANY OTHER COMMUNICATION BETWEEN YOU AND ZOZART.COM, INCLUDING, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT).