AdultDigitalLibrary Webmaster License Agreement Document WLA1

WLA1.1 AdultDigitalLibrary & Webmaster License Agreement
IMPORTANT NOTICE – PLEASE TAKE THE TIME TO READ CAREFULLY: This is a Webmaster License Agreement (WLA). It is a legal agreement between either an individual or a single entity, in this case yourself, that owns and maintains an electronic location generally known as the ‘website’, usually located on the world wide web portion of the Internet from which films, movies, videos and/ or other (moving) pictures and audio-visual productions and products suitable for view on demand and internet streaming processes are displayed and offered to end users; and, in this case ourselves AdultDigitalLibrary.com, the Licensor. This individual or single entity will hereinafter be referred to as ‘Webmaster’ also known as Licensee and AdultDigitalLibrary.com as ‘AdultDigitalLibrary’.

The product files licensed by AdultDigitalLibrary to the Webmaster may be downloaded on to your hard drive or are embodied in physical carriers such as a compact disc (CD), compact disc – read only memory (CD-ROM) or digital versatile disc (DVD). Such product files and content, will be collectively referred to from hereinafter as ‘content’, any of which may be stored on the hard drive of a (personal home) computer system owned by the Webmaster and accessed via the same computer system.

Before you can properly view the content of these product files on your computer system or create and/ or transfer the content to your computer system you will need to review and agree to be bound by the Webmaster License Agreement (WLA), the Terms & Conditions of which are set out below.

Once you have read these Terms & Conditions you will be asked whether or not you agree to be bound by them. If you are on line click on AGREE if you agree to be bound. Click on DISAGREE if you do not agree to be bound. Please be aware that if, however, you do not agree to be bound by the terms and conditions of the WLA, you will not be able to utilise the product files and/ or the content on your computer system.

In the event you do not agree to be bound by the Terms & Conditions as laid down in the WLA, do not download any files. If you have received the content in a physical carrier, you are required to return the unopened package(s) and unused disc(s) where relevant to AdultDigitalLibrary at Trojan Publishing, 211 Old Street, London, EC1V 9NR, postage prepaid, along with proof of payment, for a full refund, where this is appropriate.

WLA1.2 Image ownership
As the Licensee, you do not own the images purchased. You only own the rights to use these images as set down in this document for one year only or you own the physical carrier i.e. the CD or DVD if you have received one. This item is identified by a 5 digit number shown on your order reference or the invoice which accompanies the CD or DVD, on which the content will be contained.

AdultDigitalLibrary and/ or its Licensors shall retain full, total and complete title to the content, and all copies of the content, regardless of the media or format on or in which they now appear including the original disc and other copies that may exist. Please note this will include copies which are made in violation of the terms of this WLA.

WLA1.3 License User Allowance
Following your AdultDigitalLibrary order and our receipt of payment for the license to use the content and upon the completion of your download or your receipt of the goods enclosed which are inclusive of the product (CD or DVD) containing the content as it relates directly to the invoice for your order, which accompanies said item and subject to your agreeing to the Terms & Conditions as laid out in relation to AdultDigitalLibrarys’ WLA. We, AdultDigitalLibrary, accede to a non-transferable, non-exclusive license to you personally to display those photographic static/ moving images as they relate directly to the invoice in question. You may do so for up to ten (10) domains/ URLs. This agreement does not include mobile internet usage/ downloading or supply to mobile providers or thumbnail gallery post. AdultDigitalLibrary requires that you make us aware, as soon as is achievable within reason of the ten (10) sites for which you will be availing the content and that you send this list by email or post or fax to the contact address on the Contact Us page.

WLA1.3a
You may not sub-license, sub-lease, sell or assign to any other person or individual or a single entity, group or company, in part or in whole any of the images known as content. AdultDigitalLibrary will remain sole owner to any and all title and rights, including intellectual property rights as they relate to the ownership of the content of the product and any other related documents as received by the Webmaster. AdultDigitalLibrary will remain sole controller and exclusive Licensor. We also reserve any other rights to the content that may not be specifically acceded to you in our WLA and may be allowed to license the rights of the content provided to the Webmaster contained on the product purchased to other persons/ individuals or companies at our discretion, unless otherwise stated by a written agreement previously arranged by both parties; the Webmaster and AdultDigitalLibrary.

WLA1.4 Additional Restrictions may apply
Copyright and other laws pertaining to the use of the content within and relating to the Webmasters purchase in other individual countries and communities may apply and the use of the content may be subject to additional and further restrictions. The Webmasters use of content will at all times remain under all and any terms and conditions, and additional laws relating to the use of that content. It is the responsibility of the Webmaster to make known to themselves any and all regulations relating to the use of the content with regards to copyright and any additional restrictions.

WLA1.5 Laws that apply to the WLA
AdultDigitalLibrarys' WLA is governed only by the laws applied in the UK. We do not attest to the acceptability of the content purchased in any other country or community. The Webmaster will assume full responsibility for the use of content in their country and/ or community.

WLA1.6 ADL Guarantee
AdultDigitalLibrary assures the Webmaster that photosets/ moving images advertised on AdultDigitalLibrary.com are genuine and original. That AdultDigitalLibrary hold the relevant paperwork pertaining the legal documentation in relation to the display and sale on to third parties and safeguarding the safety and confidentiality of the information of the models. That AdultDigitalLibrary are in a position to legally sell to the Webmaster any of the photosets/ moving images on this site and that AdultDigitalLibrary are in a position to accede a license to the Webmaster for use as relates directly to the invoice, product and Terms & Conditions as set out in the agreement between Webmaster and AdultDigitalLibrary in the WSL.

WLA1.6a
AdultDigitalLibrary will provide an appropriate working carrier for the content to the Webmaster as is reasonable to expect, if appropriate - working assured under normal use for fourteen (14) days from the date of delivery to the Webmaster. Any defects must be reported, directly to AdultDigitalLibrary within seven (7) days of receipt of the aforementioned carrier. AdultDigitalLibrary does not accept any responsibility for any advice given by its employees, owners or agents relating to the content. It is the responsibility of the Webmaster to ensure that the content purchased is appropriate for their use and requirements.

WLA1.7 Editing content
The Webmaster
• Can crop or improve the content of images as long as this does not violate the essence of the content.
• Can resize and alter the content within reason and where appropriate to the content.
• Have the use of up to ten (10) images, static and moving to promote URLs in banners and related webpage design.
• Can add their logo to said images to protect them from being stolen by others. We recommend this action.

WLA1.8 Content protection
It is the responsibility of The Webmaster to safeguard and protect any usage of the content as relates to this agreement by any other parties by using clear and appropriate measures whether the images are static or moving.

WLA1.9 Model protection
The Webmaster will not use or reveal to anyone other than the appropriate authorities when required, in any manner or medium; the real names of the models, or any other personal details which you may have relating to the real models by documentation or hearsay on your website, banner, and any and all other uses of the content in part or in whole or by suggestion. This action will result in immediate termination of your contract and will very likely result in immediate legal prosecution of the Webmaster.

WLA1.10 Liability limits
AdultDigitalLibrary shall not be held liable at any time for any claims made by the Webmaster or any third party relating to the loss of business, damage to profits, or any other matters relating directly or indirectly to the purchase and/ or use of content. In any event the maximum damages to which the Webmaster or any third party would be entitled to is the full amount paid by the Webmaster for the content purchased without prejudice and no other fees pending.

WLA1.11 Compensation
By agreeing with the WLA the Webmaster accepts that they will indemnify AdultDigitalLibrary against and from any claims, losses, judgements and liabilities as well as making full recompense for any costs or any expenses that may be incurred arising from or relating to any failure on the part of the Webmaster to comply with the rules and regulations relating to the use of the content.

WLA1.12 Payments
You agree to pay AdultDigitalLibrary a set fee for a set period of time, as is stated in this agreement in direct connection to the purchase of the related product for the license and use of that license as agreed by both parties to use the content. After the term of the license has run you agree to the removal of all the content from any and all the URLs, domains, banners, and any other usage allowed as relates directly or indirectly to your agreement at this time. All licences acceded by AdultDigitalLibrary to the Webmaster are final and no refunds will be given unless decided without prejudice by AdultDigitalLibrary.

WLA1.13 Reasons for termination
The license will terminate immediately and automatically without prejudice upon failure of the following:
• The Webmaster is in breach of the Terms & Conditions of the WSL.
• The Webmaster is in violation of any human rights issues relating to the use of the content purchased.
• The Webmaster goes into liquidation or files for bankruptcy or goes into receivership.
• The Webmaster sells or closes their business or ceases trading.
• The Webmaster allows any images of adult content to be shown or viewed to a minor intentionally or unintentionally.
• The Webmaster obtains a refund from AdultDigitalLibrary having returned the undamaged and still working carrier of content.

WLA1.13a
Termination of the agreement does in no way suggest that AdultDigitalLibrary will automatically refund any payments made to the Webmaster.

WLA1.13b
AdultDigitalLibrary is not required to give any notice or to notify the Webmaster if termination of the agreement is undertaken for any reason. Once the agreement has been terminated all rights acceded to the Webmaster under the Terms & Conditions of the WSL will be revoked immediately. The Webmaster will be required upon termination to return or destroy all content in any format including carriers supplied to them by AdultDigitalLibrary at their own expense and remove all images/ moving pictures from all and any appropriate and relevant websites, URLs, banners and any and all electronic usage immediately and where usage has been made of any additional copies that have been made including those in violation with the Terms & Conditions at their own expense.

WLA1.14 Modifications
The Webmaster is not entitled to make any modifications to the WLA. If in the event that AdultDigitalLibrary make any modifications to the WLA, they will not do so without first making this known to the Webmaster and any modifications will not be effective unless presented and agreed by both parties in writing.

WLA1.15 Violations of use of the content licensed to the Webmaster
The Webmaster cannot loan, sell, resell, lease, rent, transfer, redistribute, lease, re-license, rent to other galleries, give-away or offer as a gift any of the content. AdultDigitalLibrary retains title and ownership of the content. The Webmaster will not reproduce content in any format not agreed by both parties to include any and all carrier methods (including mobile phone networks); this may result in legal prosecution. The Webmaster will not use or reveal to anyone other than the appropriate authorities when required, in any manner or medium the real names of the models, or any details which you may have relating to the real models by documentation or hearsay on your websites or banners, as well any and all other uses of the content in part or in whole or by suggestion. This will result in immediate termination of your contract and may very likely result in prosecution.

WLA1.16 AdultDigitalLibrary Webmaster License Agreement - Made Easy
AdultDigitalLibrarys’ WLA: Dos and Don’ts: A quick guide to understanding… We urge you to read carefully the full version as is set out above

You can
• Use the content on up to ten (10) domains/ URLs (* NB see below for disallowed use relating to this point)
• Use your URL as a watermark to safeguard against any other parties pilfering content, we recommend this as you are responsible for protecting the content from usage by third parties and are liable to prosecution if this is found to used as an excuse
• Use the content for any banner designs or on websites as specified
• Resize and re-edit the content of any moving images appropriately
• Retouch any of the images to make them ‘public friendly’.

You can’t
 • * Use the content on a thumbnail gallery post
• * Use the content in connection with any mobile device or provider or in relation to any kind of downloading to mobile phones
• Sell the content in whole or in part on to any other persons or companies, webmasters or other entities of any kind
• Use the content on regular websites, only on those you have informed AdultDigitalLibrary about
• Give any of the content in whole or part to a third party for any reason
• Loan any of the content in whole or part to a third party for any reason
• Use any of the models real names, surnames or Christian names if known or learnt
• Reveal any of the models true identities if known or learnt
• Reveal any identifying documents relating to the models
• Give, lend or sell any of the contents to anyone close to you

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Last updated on: Thursday, March 06, 2008