Licensing Agreement to check off [ ] I agree
This document contains many important provisions that affect your rights and obligations. by checking the correct box at the end of these terms and conditions of use (this "agreement") , you hereby agree to be bound by this agreement. please print a copy of this agreement for your files.
This Agreement governs your use of ODT's 2012 Election Map.
ODT provides our 2012 Election map to individuals for personal use only.
When you order the '12 Election map and pay a fee, you acknowledge and accept certain terms and conditions.
If you do not agree to our terms and conditions of this Agreement, then please do not order the 2012 Election map image. Image may only be used by persons who can enter into legally binding contracts under applicable law.
This image is not available on a fee-paid basis to minors (persons under the age of eighteen) except under the supervision of an adult parent or guardian, who will be responsible for all uses of the image. Your privilege to use the image may not be sold or otherwise transferred to another person or entity. If your use of the image is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
You acknowledge and agree that no sale or ownership of the image can be transferred. Only the rights expressly specified are granted. You acknowledge and agree that ODTmaps.com or its licensors retain all ownership rights to the image and that such image is covered and protected by copyright, trademark and other intellectual property rights of ODTmaps.com or its licensors.
You agree that you shall not use the image in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not upload or post onto the image, or use the Image to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent, or that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. You shall not upload or post onto the image, or use the image to transfer, any Work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features.
Management and Operation of the Image
You acknowledge and agree that ODTmaps.com has no obligation to review any Works or other material or content uploaded or posted onto the Image, and shall have no responsibility for any such Works or other material or content. ODTmaps.com shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Works or other material or content uploaded or posted onto the Image. If you upload or post any Works or other material or content onto the Image, you remain solely responsible for such Works or other material or content.
You acknowledge and agree that ODTmaps.com shall have no responsibility for any material or content on other images to which you may hyperlink or otherwise access from the Image, including any web log, comments to any web log, or any forum on the Image. You acknowledge and agree that ODTmaps.com shall have no responsibility for any material or content on images from which you may be hyperlinked or otherwise be directed to the Image.
Payments may be made in one of three ways: (1) by phoning 800-736-1293 and furnishing credit card details, (2) ordered and paying on-line, or (3) mailing in your payment to PO Box 134, Amherst MA 01004. We also have the ability to generate an electronic invoice which you can pay on-line. Once the payment has cleared, the image will be emailed to the address you specify.
You agree to indemnify, defend and hold harmless ODTmaps.com and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, "Indemnitees") from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Image including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false light", right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. ODTmaps.com shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with ODTmaps.com in the defense of any such claim, action or matter.
Limitations and Disclaimer
You agree that neither ODTmaps.com nor its affiliates, or independent sales reps, nor any of their respective officers, directors, employees, owners, agents, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Image, even if such parties have been advised, or advised of the possibility, of such damages.
Except as expressly set forth in this agreement, neither party makes any representations or warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. For clarification purposes, notwithstanding anything to the contrary contained in this agreement, ODTmaps.com makes no representations or warranties, express or implied, with respect to the www.ODTmaps.com.com image or the services on the www.ODTmaps.com.com image, or any works or other materials or content available on the 2012 USA Election Map image, including any implied warranties of merchantability, fitness for a particular purposes, non-infringement of copyright, trademarks or other intellectual property rights, or freedom of any services, or any works or other materials or content, from viruses, worms, trojan horses or other code with malicious, disruptive and/or destructive features. ODTmaps.com shall have no responsibility for any Works or other material or content uploaded or posted onto the Image, including, without limitation any material or content uploaded or posted by any Member onto the Image in any forum or as any comment to a web log.
Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 11. ODTmaps.com at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Image. In the event termination is by ODTmaps.com, ODTmaps.com shall notify you of such termination..
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of the State of Massachusetts, and you and ODTmaps.com each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between ODTmaps.com and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Image.
No waiver on the part of ODTmaps.com to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of ODTmaps.com to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. ODTmaps.com shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, ODTmaps.com and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than ODTmaps.com and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.