IMPORTANT NOTICE TO USERS: PLEASE READ THIS AGREEMENT CAREFULLY.

 

Non-Exclusive License Agreement

This non-exclusive license agreement is a legal and binding agreement (“Agreement”) between you the user (“Licensee”) and youinfuse.com. Your purchase, use, or distribution of all or any part of a youinfuse.com product or service, whether via download (temporary or permanent), on CD-ROM, DVD or other media, shall hereby constitute your consent to be bound by all of the terms and conditions of this agreement, and this agreement shall be immediately effective upon such purchase, use, or distribution. If an agent or an employee of an employer executes this agreement, the term “licensee” shall include both the agent/employee and the employer jointly and severally. This agreement is enforceable against you and any legal entity that obtainsyouinfuse.com products or services and on whose behalf they are used. If you do not agree, you are not authorized to use any youinfuse.com products or services.

Terms & Conditions

Additional Definitions

“Digital Media Files” are any images, animations, films, videos or other audio/visual representations recorded in any computer-readable format or form that are created, controlled by or obtained, directly or indirectly, from Youinfuse.com. “Use” or “using” means to access, install, download, copy, distribute, modify, make use of or otherwise benefit from using the functionality of a Digital Media File. “Purchase Price” means the purchase price, membership fee, or pricing structure Licensee selected or will select during Licensee’s enrollment process. “Royalty-Free” means Use without charge of Digital Media Files following or subject to payment of the Purchase Price. “Restrictions” means, collectively, those certain uses of the Digital Media Files that are NOT permitted under this Agreement and are exceptions to the license granted pursuant to Agreement.

Grant of License

Subject to the terms and conditions of this Agreement, the Restrictions, and payment of the Purchase Price, Youinfuse.com hereby grants the Licensee a non-exclusive, non-transferable Royalty-Free license to use the Digital Media Files. All rights not specifically granted herein are retained by Youinfuse.com.

User License

Licensee may use the Digital Media Files on a server, image library or network configuration to be viewed by Licensee provided that no more than 1 user of Licensee can access the Digital Media Files. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.

Derivative Works

The Digital Media Files may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, Internet, presentation, or print project. However, the Digital Media Files, in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These terms apply even if the Digital Media Files have been significantly altered.

No Defamatory Use

The Digital Media Files may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Digital Media Files.

Other Restrictions

Licensee may not: (1) sublicense, sell, assign, convey or transfer any of its rights under this Agreement except as specifically provided herein; (2) include the Digital Media Files in an electronic template intended to be used by third parties on electronic or printed products, where the purpose is to create multiple impressions, including but not limited to: website designs, presentation templates, electronic greeting cards, business cards, or any other electronic or printed matter without obtaining a license for such purpose from Youinfuse.com; (3) sell, license or distribute its final product in such a way that permits Licensee’s end users to extract or access the Digital Media Files as stand-alone files; (4) incorporate the Digital Media Files into a logo, trademark or service mark; (5) distribute, post or upload the Digital Media Files online in a downloadable format or enable it to be distributed via mobile telephone or other electronic devices; (6) use any Digital Media Files in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials; (7) post, upload, or transfer any of Youinfuse.com’s digital media files, in any form, on websites offering customization services. These websites include, but are not limited to, Fiverr.com, Youtube.com, and Vimeo.com; (8) use any digital media files in an automated system, including online websites; (9) decompile, reverse engineer, disassemble or otherwise reduce the Digital Media Files to a human readable form; and (10) use any of the Digital Media Files in any manner prohibited by any export laws, restrictions or regulations, including, without limitation, the United States Export Administration Act (collectively, the “Export Laws”). In addition, if the Digital Media Files are identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from using the Digital Media Files. All rights to use the Digital Media Files are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

Product Endorsement or Sensitive Use Disclaimer

If any Digital Media File featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a conspicuous statement that indicates that the person is a model and the Digital Media Files is being used for illustrative purposes only. These requirements are without prejudice to the obligations of Youinfuse.com regarding use of the Digital Media File(s) contained elsewhere throughout this Agreement.

Subscription Billing

Use of Digital Media Files is provided to Licensee by subscription. Your subscription is effective for the period covered by your subscription fee (which is your Purchase Price) as disclosed in the enrollment process and continues upon your payment in advance of the renewal fee for the applicable period (e.g., monthly, half-yearly, or annually). Renewal fees for your subscription will automatically be charged at the then-current rate to the credit card or other billing source authorized by you on the first day of each successive subscription term until you cancel your subscription. Renewal will occur without prior notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then-applicable subscription term for which you have paid, you may cancel your subscription and terminate further billing by logging in to your account and changing your settings under the “My Account” page. YouInfuse.com reserves the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription for the next applicable period.

Trials and Promotions

Any free membership or other promotion that provides access to the services must be used within the specified time of the trial. You will be asked for valid credit card information when you sign up for the discount or free trial. We will use the payment information for future subscription fees should you fail to terminate the subscription within the timeframe provided by Youinfuse.com. We will start your trial upon completion of your trial signup. You may cancel your trial subscription without charge at any time within 30 days of placing your order. If you do not cancel your free or trial subscription within 30 days of the date you start your trial, your subscription will continue automatically and the monthly fee will be billed to the credit card or other billing source provided by you when you signed up for the free membership or discounted membership, on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing in your account under your subscription settings. You must cancel your subscription before the end of the free trial or discounted membership price period in order to avoid being charged a subscription fee.

No Refunds

The Purchase Price, including, without limitation, subscription or enrollment fees, is non-refundable.

Termination

Youinfuse.com reserves the right to terminate a Licensee’s access to the Digital Media Files without notice at any time if it determines in its sole discretion that a Licensee is violating any of the terms and conditions of this Agreement. Youinfuse.com also reserves the right for any reason or no reason to refuse to renew a subscription with or without prior notice.

Marketing and Promotion

Unless specifically agreed between Licensee and Youinfuse.com in writing to the contrary, Licensee hereby grants Youinfuse.com the right to display any derivative works within your possession or control that incorporate one or more of the Digital Media Files at tradeshows, on Youinfuse.com’s website or in email or other electronic solicitations, in publications or advertising circulars, in collateral, and/or via electronic distribution for Youinfuse.com marketing, educational, and promotional purposes as examples of customer usage and to identify Licensee or Licensee’s employer by name or display of trademark or service mark in the same manner for such purpose. Upon request of Youinfuse.com, Licensee shall provide Youinfuse.com any and all such derivative works for such purposes. At Licensee’s request, Youinfuse.com will identify Licensee as the author of such derivative work.

Copyright

The copyrights in all Digital Media Files are owned by Youinfuse.com or its licensors, including, without limitation, Adobe Systems Incorporated, and are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Digital Media Files are transferred to Licensee except as specifically addressed in this Agreement, and Youinfuse.com retains all rights not expressly granted by this Agreement.

Trademarks / Service Marks

Youinfuse.com’s trademarks and service marks, including, without limitation, “Infuse,” may not be used or associated with any of Licensee’s derivative products created from Digital Media Files without Youinfuse.com’s written consent; provided, Youinfuse.com may require appropriate and fair attribution by display of said marks in, on, or around such products with written notice to Licensee.

Liability

In no event shall Youinfuse.com be liable to Licensee for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Digital Media Files. The foregoing limitations and exclusions apply to the extent permitted by applicable law. Further, in any event Youinfuse.com’s aggregate liability in connection with this Agreement and Licensee’s use of the Digital Media Files shall be strictly limited to the Purchase Price paid therefor.

Indemnification

Licensee indemnifies and holds Youinfuse.com harmless from and against any damages or liability of any kind arising from Licensee’s use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or Licensee’s negligent acts, omissions or willful misconduct or that of its contractors, employees, employers, agents, licensees, or invitees. All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.

No Warranty

The Digital Media Files are being delivered to Licensee “AS IS” and Youinfuse.com makes no warranty as to its use or performance, including, without limitation, quality of image or compatibility with any computer hardware or other equipment, operating system, or software program, nor does Youinfuse.com provide any technical support for same. YOUINFUSE.COM DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DIGITAL MEDIA FILES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM WHICH CANNOT OR MAY NOT BE EXCLUDED UNDER APPLICABLE LAW AND ONLY SO FAR AS THE SAME MAY BE LIMITED UNDER APPLICABLE LAW,YOUINFUSE.COM MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER WITH RESPECT TO THE DIGITAL MEDIA FILES OR LICENSEE’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

FURTHER,YOUINFUSE.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. Further, Youinfuse.com attempted to identify a caption for each image but shall not be held responsible for erroneous or incomplete caption information. Youinfuse.com IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.

The provisions of this paragraph and the foregoing paragraphs entitled Liability” and “Indemnification” shall survive the termination or expiration of this Agreement, howsoever caused.

Amendments

Youinfuse.com reserves the right to amend this Agreement at any time without notice to Licensor.

Severability

If any term or provision of this Agreement, or any portion thereof, or the application thereof to any person(s) or circumstances shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is so judicially held to be invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law.

No Waiver

The failure of Youinfuse.com to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Entire Agreement

This Agreement contains all the terms of the Agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.

Applicable Law

This Agreement shall be construed under the laws of the State of Alabama without resort to its conflicts of laws rules.

Construction

This Agreement shall be interpreted in a fair and impartial manner without regard to such factors as the party that drafted this Agreement or the relative bargaining power of the parties.

Binding Effect; Further Assurances

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, successors-in-title, representatives and permitted assigns; and the parties hereby agree for themselves and their heirs, executors, administrators, successors and assigns to execute any instruments and to perform any acts which may be necessary or proper to carry out the purposes of this Agreement.

Optional Arbitration

In the event of a dispute hereunder, Youinfuse.com may, at Youinfuse.com’s option, cause the dispute to be heard by an arbiter or arbitration panel administered by the American Arbitration Association (AAA) with notice to Licensee. Should Youinfuse.com elect arbitration hereunder, all claims or disputes decided shall be final and binding. Time Time is of the essence of this Agreement.

Notices

Written notices here under given by Youinfuse.com to Licensee may be delivered via email to the email address associated with the Licensor’s account in Youinfuse.com’s records or in a hardcopy writing to Licensor’s contact address maintained in its account with Youinfuse.com and deposited in the U.S. mail, certified with return receipt requested, and such notices shall be deemed delivered immediately in the case of email or within three (3) days if deposited in the U.S. mail with adequate postage.

Attorney’s Fees

In the event that Youinfuse.com must hire an attorney for the collection of any fees due hereunder or should any lawsuit or court action arise out of or under this Agreement or the terms and conditions stated herein, Youinfuse.com shall be entitled to and shall collect any reasonable attorney’s fees actually incurred with respect to same.

Site Use

YouInfuse.com is not supported by Young Living Essential Oils. Young Living Essential Oils is not held liable for any content or images on YouInfuse.com. The Young Living Essential Oils Trademark is owned and managed by Young Living Essential Oils. This site is operated as a service to Young Living Independent Distributors.