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Terms and Conditions

REQUEST TO USE CERTAIN IMAGES/CONTENT: Any use of Infinity Sun's content is subject to the below provisions. By requesting permission to use specific Infinity Sun content for a specific purpose, you hereby agree to Infinity Sun's licensing provisions, set forth below (the "Infinity Sun Licensing Provisions"). If you do not agree to the Infinity Sun Licensing Provisions, then please do not request permission to use any of Infinity Sun's content and, certainly, do not use any of Infinity Sun's content. Using Infinity Sun's content without Infinity Sun's consent and without adhering to the Infinity Sun Licensing Provisions will infringe Infinity Sun's intellectual property rights and may infringe the intellectual property rights of third parties. Approved Infinity Sun Content ("Infinity Sun Content") IS AVAILABLE ONLY ON THE FOLLOWING WEBSITES: www.infinitysun.com/downloads www.infinitysun.com/marketingassets www.infinitysun.com/marketingassets/isis Infinity Sun Licensing Provisions. ALL Infinity Sun CONTENT Infinity Sun provided "AS IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including warranty of merchantability and fitness for a particular purpose. THESE Infinity Sun LICENSING PROVISIONS APPLY TO Infinity Sun CONTENT THAT MAY BE COPIED FROM BRAND DOWNLOAD SITES ONLY. COPYING CONTENT FROM ANY OTHER SOURCE OTHER THAN A BRAND DOWNLOAD SITE, INCLUDING, WITHOUT LIMITATION, ANY GENERAL Infinity Sun WEBSITE IS STRICTLY PROHIBITED. In no event will Infinity Sun (or any of its officers, directors, agents, related companies, and/or professional advisors) be liable to YOU or to ANY THIRD PARTY for any damages arising from or related to YOUR USE OF THE CONTENT, or for incidental, indirect or consequential damages, or for loss of profit or opportunity, loss of use or other financial loss arising out of or in connection with the USE OF Infinity Sun's CONTENT, EVEN IF Infinity Sun HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. Infinity Sun HAS NO AUTHORITY AND MAKES NO WARRANTY OF ANY KIND RESPECTING ANY PEOPLE OR MODELS PORTRAYED IN PHOTOGRAPHS OR AS PART OF Infinity Sun's PROMOTIONAL CONTENT. thus, FOR EXAMPLE, the use by a user (defined below) of people or models portrayed in photographs or as part of Infinity Sun's promotional content DISPLAYED ON A BRAND DOWNLOAD SITE is solely at user's sole risk as set forth below, user will indemnify Infinity Sun (and any of its related companies) for any damages or loss, including, without limitation, attorneys' fees expenses, resulting from any use by user of Infinity Sun content. Infinity Sun License. Infinity Sun hereby grants you (sometimes defined as "User" for purposes of these Infinity Sun Licensing Provisions (this "Agreement")) a revocable (in Infinity Sun's discretion), non-exclusive, non-transferable, royalty-free, worldwide license to use, publicly display, transmit, distribute and reproduce the Infinity Sun Content identified above for the specific purposes identified above, as well as the right to incorporate any Company Marks that are depicted as part of any approved Infinity Sun Content. User may not sublicense to third parties any right to use the Infinity Sun Content. Ownership of the Company Marks. User acknowledges Infinity Sun's ownership of the Company Marks and User agrees that it will do nothing inconsistent with such ownership. User agrees that all use of the Company Marks by User will inure to the benefit and will be on behalf of Infinity Sun. User acknowledges and agrees that this Agreement does not grant, assign, transfer or convey to User any rights, title or interest in the Company Marks or in any Infinity Sun content except the limited right to use the Company Marks and Infinity Sun content subject to the terms and conditions of this Agreement, and that any and all goodwill associated with the use of the Company Marks will inure to Infinity Sun. User will not permit any act that may impair or affect the validity of the Company Marks. User will not dispute, contest, challenge or impair, directly or indirectly, the validity, ownership or enforceability of the Company Marks, or attack the validity of this Agreement in any forum whatsoever. Use of Content/Marks. In connection with the licenses granted under this Agreement, Infinity Sun will have the unilateral right to establish such quality standards and additional terms and conditions concerning the use of its respective trademarks or service marks, or all or any of them, and User will abide by such quality standards, terms, and conditions. Upon request of Infinity Sun, User will provide appropriate attribution respecting User's use of Infinity Sun's Marks, in such form as is reasonably requested by Infinity Sun. Except as expressly permitted in this Agreement, User will not make any other use of Infinity Sun's trademarks or service marks. Not withstanding this Agreement, Infinity Sun's rights in the Company Marks are reserved for Infinity Sun's own use and benefit. User will not use the Company Marks or any Infinity Sun content in any manner that would jeopardize their validity or legal status. User will conform its usage of the Company Marks, all or any of them, to standard trade mark usage, including, but not limited to, using the trademark symbol ® in conjunction with the Company Marks where appropriate. The use of the ® symbol is required with the Infinity Sun trademarks in as much as each of them has been federally registered with the United States Patent & Trademark Office. Any breach of this Agreement by User, including, without limitation, a failure by User to employ the ® symbol as requested, will provide Infinity Sun, in its discretion, with the ability to immediately terminate this license. Upon termination, all use by User of the Infinity Sun Content, including, without limitation, the Company Marks, will cease, upon User's receipt of a termination letter from Infinity Sun. User consents that, in addition to Infinity Sun's other legal remedies, in the event that User fails to comply with a termination notice, that Infinity Sun may obtain injunctive relief ordering User to immediately stop using the Infinity Sun Content and/or the Company Marks, and User hereby consents to such relief. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of CA, United States of America, without regard to any conflicts of law principles. Any and all legal proceedings relating to the subject matter of this Agreement will be maintained in the state or federal courts located in Los Angeles, CA, United States of America. User hereby consents and agrees that such jurisdiction and venue for such proceedings will lie exclusively with such courts, and User agrees that User will not challenge such jurisdiction. Independent Contractor. The relationship between Infinity Sun and User under this Agreement will be that of independent contractors. Neither Infinity Sun nor User will have any authority to make any contract or other agreement for, or to assume or to create any obligation or liability, express or implied, on behalf of the other. Neither the making of this Agreement nor the performance of any of the provisions of this Agreement will be construed to constitute either Infinity Sun or User the agent or legal representative of the other for any purpose. It is expressly agreed that this Agreement does not establish a franchisor-franchisee relationship between Infinity Sun and User. This Agreement will not be deemed to establish a joint venture or partnership between Infinity Sun and User. Severability. If any provision of this Agreement is held invalid, void or unenforceable under any applicable statute or rule of law, it will to that extent be deemed omitted, and the balance of this Agreement will be enforceable in accordance with its terms. Agreement Binding on Successors. The provisions of this Agreement will be binding upon, and will inure to the benefit of, Infinity Sun and User, as the case may be, and their respective heirs, administrators, successors and assigns as permitted in this Agreement. All Agreements. This Agreement constitutes and contains all of the agreements of Infinity Sun and User with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements with respect to the subject matter of this Agreement, whether written or oral. Indemnification. User acknowledges and agrees that User will be solely responsible for all content posted by User on its website or on any website on which the Infinity Sun Content appears. User agrees to indemnify, defend and hold harmless Infinity Sun, its affiliates, including, without limitation, Infinity Sun Corp., and its shareholders, officers, employees and assigns from and against any and all claims, expenses, suits, liabilities or damages, including, without limitation, attorneys' fees, incurred by Infinity Sun, i.e., Infinity Sun Corp., arising from: (1) all aspects of any website incorporating the Infinity Sun Content published by User, including, without limitation, any copy, content, and links; (2) User's products and services; and (3) any and all third party claims that may be brought against Infinity Sun related to User's website or related to the Infinity Sun Content as a result of User's publication of the Infinity Sun Content. Restrictions. User's use of the Infinity Sun Content is strictly limited to the use, medium, and express purpose requested by User and approved by Infinity Sun above. Any other purposes and uses of the Infinity Sun Content are strictly forbidden and will be grounds for immediate termination of the license granted herein. In addition, should Infinity Sun suffer any damages as a result of User's unapproved use of the Infinity Sun Content, User will indemnify Infinity Sun for such losses, including, without limitation, attorneys' fees expended (if applicable). Licensed Infinity Sun Content may be cropped, provided that the editorial integrity of the licensed Infinity Sun Content is not compromised; provided, however, that User may not under any circumstances rotate, alter, change or tamper with the Infinity Sun Content either manually or electronically without Infinity Sun's prior written permission. Pornographic, defamatory or otherwise unlawful use of the Infinity Sun Content is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter. User will also comply with any applicable regulations and/or industry codes. Infinity Sun Content may not be incorporated into a logo, corporate ID, trademark or service mark by User. User may not make the Infinity Sun Content available in any medium in a manner intended to allow or invite a third party to download, extra or access the Infinity Sun Content as a standalone file. Infinity Sun Content will not be used contrary to the terms and conditions of this Agreement. Intellectual Property. No ownership or copyright in any Infinity Sun Content will pass to User by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Infinity Sun grants User no right or license, express or implied, to the Infinity Sun Content. Authority and Binding Agreement. USER IS NOT PERMITTED TO UTILIZE THE REQUESTED INFINITY SUN CONTENT UNLESS AND UNTIL USER ASSENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE ACCEPT OR REJECT THESE TERMS BY CLICKING ON BUTTONS SAYING "I AGREE" OR "I DO NOT AGREE." USER REPRESENTS AND WARRANTS THAT THE PARTY ENTERING INTO THIS AGREEMENT IS AUTHORIZED TO DO SO ON BEHALF OF ANY ENTITY THAT HE OR SHE IS SEEKING TO BIND THERETO.