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Terms of Use

These are the Terms of Use of the TerraNomada website. Please read all of these Terms of Use carefully before using this website or downloading any image(s).

Terms of Use
By using this website at any time or by downloading any image(s), you agree to these Terms of Use, including any modification, alteration or update from time to time.

These Terms of Use constitute a legal agreement between you (including your directors, employees, officers, contractors, agents, principals or any related body corporate or affiliate) (you, your) and TerraNomada (we, us, our). We reserve the right to modify, alter or otherwise update these Terms of Use at any time and without notice.

Ownership Rights
This website is owned and operated by TerraNomada. All of the content shown or displayed on this website, including graphics, photographic images, moving images, sound, illustrations and software (Content), is owned by TerraNomada, or our licensors or other Content providers.

TerraNomada owns or has rights to use or display all trade marks, service marks, trade names and logos appearing on this website. All elements of this website, including the general design, layout, source code and Content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.

Except as expressly permitted by these Terms of Use (including the comping license below), or the license agreement, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights remain the exclusive property of TerraNomada, or our licensors or other Content providers.

You indemnify TerraNomada, and our licensors and Content providers, against any losses, expenses, liabilities, costs or damages incurred by any or all of them as a result of your breach of the Terms of Use or your unauthorized use of the Content.

Use Of Images
The licensing and subsequent use of images accessed from this website is subject to the license agreement. You must read and accept the terms of that agreement before licensing any images on this website.

You may choose to download a free, low resolution version of an image before licensing it, but only if you first read and accept the terms of the comping license below.

Privacy
As a user of this website, we respect your privacy and adopt procedures to ensure that information in our possession about our users is appropriately protected. To learn more about our privacy procedures, please read our privacy policy

Submissions
TerraNomada is always pleased to receive comments and suggestions about our website and other services that we provide.

Any information you provide in connection with this website, such as comments, suggestions, ideas, notes, drawings, concepts or other material or information will be considered non-proprietary and non-confidential.

TerraNomada and persons designated by us may use any of that information without restriction. You grant TerraNomada and its designees the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from, and sell and distribute that information in any form and to license others to do the same.

Disclaimer
This website and its Content are provided "as is" and without any express or implied warranties of any kind, including implied warranties of title or implied warranties of merchantability, satisfactory quality or fitness for any particular purpose.

While TerraNomada uses all reasonable efforts to ensure the accuracy, correctness and reliability of this website and its Content, we do not represent that this website or its Content will be error free or warrant the accuracy or suitability of the information or links provided on the website. We do not represent or warrant that our website will be available on a timely basis.

To the maximum extent permitted by law, all warranties in respect of the Content or use of this website or linked websites are excluded. We exclude (to the maximum extent permitted by law) any liability which occurs or arises as a result of the Content or use of this website or linked websites.

TerraNomada (including its directors, employees, licensors, Content providers, affiliates and other representatives) will not be liable (to the maximum extent permitted by law) for damages of any kind, including lost profits, or direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages based upon or arising out of your access, use of, inability to use, or the performance of this website or the Content, irrespective of whether we have been informed of the possibility of such damages.

Links and Linked Sites
Other websites linked to from the TerraNomada website are not affiliated or associated with, or controlled by, TerraNomada We are not responsible for any content contained on those websites, or any loss suffered by you in relation to the use of those websites. You waive all claims against TerraNomada regarding the inclusion of links to other websites or your use of those websites.

We do not endorse or represent the companies, products or content linked to this website and we reserve the right to terminate any link or linking program at any time.

Comping License
You may download a free low resolution, watermarked image solely for the purpose of using the image in creating comprehensive layouts, in house presentations or mock-ups for client presentation purposes (Comping Image). By downloading a Comping Image, you agree to be bound by the following terms (Comping License) as at the date on which you download the Comping Image. TerraNomada reserves the right to change the terms of this Comping License at any time without notice.

a) License: TerraNomada grants you a non-exclusive, non-assignable, non-transferable, revocable license to copy a Comping Image onto your computer hard drive and use the Comping Image for the following limited applications: comprehensive layouts ("Comps"), in house presentations and mock-ups for client presentation purposes. You are not granted any rights to use the Comping Image for any other purpose. Except for the rights granted in this Comping License, you have no right, title or interest in the Comping Images.

b) Use of Images: You must not use a Comping Image in a manner which would contravene any law of any country in which the Comping Image is to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property. You must not place the Comping Image online in a down-loadable or FTP format.

c) Retention of Image: Unless otherwise agreed by TerraNomada, a Comping Image must be deleted from all electronic and removable media, and any other copies of the Comping Image must be destroyed, no more than 60 days from the date on which the Comping Image is downloaded. Until you delete or otherwise destroy all copies of the Comping Image, you must ensure that any identification number and copyright information provided with the Comping Image is retained.

d) Releases and Licenses: Unless TerraNomada specifically states on this website that TerraNomada has secured a relevant release or license, in respect of a particular Comping Image, to allow downloading and reproduction of the Comping Image, TerraNomada does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in a Comping Image. You are responsible for ensuring that all necessary rights, consents, licenses or permissions that may be required are obtained prior to publication, reproduction or other use of a Comping Image, except only for those releases or licenses that TerraNomada has expressly stated on this website to have been secured.

e) Infringement of Copyright: You must notify TerraNomada of any activity of anyone of which you become aware, which infringes, or may infringe, the copyright in any Comping Image. If there is infringement of copyright in any Comping Image, you agree to provide assistance to TerraNomada as reasonably required by TerraNomada, including being joined in any proceeding at TerraNomada's expense. If TerraNomada takes legal proceedings at its own expense, TerraNomada will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to you. TerraNomada will be under no obligation to take any action in the event of infringement.

f) Sensitive Subjects: If you intend to use the Comping Image for sensitive subjects, including (but not limited to) contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer, other serious physical or mental ailments or the disparagement of a person or a product, you must obtain the prior written consent of TerraNomada. TerraNomada reserves the right not to permit the use of a Comping Image for any reason. If you use a Comping Image in those circumstances without TerraNomada’s prior written consent, you indemnify TerraNomada and hold it harmless against any liability, damage, cost or expense of any nature or type arising out of or in connection with that use.

g) Termination: If you breach of any of the terms of this Comping License, it will automatically terminate. On termination or expiration of this Comping License for any reason:(i) all rights granted to you will automatically revert to TerraNomada; and (ii) you must immediately cease using the Comping Image and must delete the Comping Image and all copies of it from all electronic and or magnetic media and destroy all other copies of the Comping Image, or upon request by TerraNomada, return all those copies to TerraNomada.

h) No Liability: To the maximum extent permitted by law, TerrraNomada will not be liable to you in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Comping License, including (without limitation) TerraNomada’s negligence, wilful act or default or any computer virus contained in a Comping Image. This limitation of liability applies even if we have been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of you and us at the date of this Comping License as a probable result of any act or omission.

i) Warranty: You acknowledge that the Comping Image is supplied "as is" and that TerraNomada has not made, and that no person acting on behalf of TerraNomada has made, any representation as to the Comping Image’s merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the license of the Comping Image are expressly excluded.

Enforceability
If any provision of these Terms of Use is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.

No Waiver
No failure to exercise or any delay in exercising any right, power or remedy by you or us operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

Governing Law and Venue
These Terms of Use will be interpreted, construed and governed by the law of the Netherlands. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning these Terms of Use. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Entire Agreement
These Terms of Use contain the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with them.