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Your use of this website means you agree to the following terms of use “Terms of Use”). If you do not
agree with these terms you should leave this website immediately, not use the files herein, and/or not download from this site.
This is owned, and operated by Serles Pty Ltd trading as Hands On Concepts.
Any Content downloaded by you from this Site, , including, without limitation, any files, images
incorporated in or generated by the software, and data accompanying the software (collectively, the "Content")
is licensed to you by Hands On Concepts. Downloading the Content does not transfer title to the Content,
or any intellectual property rights therein, to you. You may not redistribute or sell the content.
This Site contains copyrighted computer activities, photographs, images, videos, text, music, and
sounds (collectively the "Content") which is owned by HAND ON CONCEPTS or its licensors. It is illegal
to duplicate, download or distribute any Content from this Site except for your use, and you are subject
to the Usage Guidelines. You may not use photos or images of people or identifiable entities in any manner
that suggests the endorsement or association of any product or service or in connection with any
pornographic or immoral materials.
If you believe that content appearing on the Site constitutes copyright infringement of another party"s
rights, please follow the instructions on our Copyrights and Copyright Web page. The design or layout of
any website owned, operated, licensed, or controlled by or associated with Hands On Concepts, is protected
by Australian and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT
THAT COMES WITH THE SOFTWARE, HAND ON CONCEPTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT
TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE
SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY,
CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT,
AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY HANDS ON CONCEPTS. WITH RESPECT TO THE SITE,
CONTENT, AND DOWNLOADABLE FILES.
HANDS ON CONCEPTS DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL
BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR
THAT HANDS ON CONCEPTS WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF
SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
IN NO EVENT WILL HANDS ON CONCEPTS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
HANDS ON CONCEPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF
HANDS ON CONCEPTS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS,
OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR
PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY
Products, services, and programs in this website may not be available in your country.
References to any product, service, or program do not imply that HANDS ON CONCEPTS intends to make available such products, services or programmes.
LINKS THIRD PARTY SITES.
HANDS ON CONCEPTS PROVIDES LINKS TO THIRD-PARTY SITES AS
A CONVENIENCE TO YOU. HANDS ON CONCEPTS DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES.
HANDS ON CONCEPTS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY HANDS ON CONCEPTS OF SUCH SITES.
LICENSE
A. DEFINITIONS
“Comp Usage" is defined as the creation of a
temporary test use, rough layout or comprehensive rendering of a proposed work for client review,
internal company review or testing. The Image may not be used in any materials distributed or accessible
to the public or in any final product or use, including, without limitation, any online or other
electronic distribution system (except you may transmit comps digitally or electronically for their review)
and may not be sold or sublicensed alone or as part of any product.
Image(s) shall mean animations, clipart, composites, digital footage, digital video, film footage,
fonts, graphics, illustrations, images, motion sequences, photographs or any other visual
representation regardless of whether the Image(s) are obtained via download from HANDS ON CONCEPTS
Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known
in the future, or obtained from a HANDS ON CONCEPTS authorized distributor, together with all
accompanying metadata and other material.
“Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.
“User” shall mean the individual, legal entity or agent entering into this Agreement or
any employee or contractor of such individual, legal entity or agent that edits, manipulates or
modifies the Images or are otherwise directly involved in the creative process including, but not
limited to, photo editors, photo researchers, photographers, art directors or designers. All Users
shall only use the Images in accordance with the terms of this Agreement.
“You” shall mean a single: (i) individual, (ii) legal entity (corporation, partnership,
sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
B. COPYRIGHT
The Image(s) are copyrighted and protected under the various laws of Australia, International
treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of
HANDSONCONCEPTS, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms
of this Agreement. Use of the Images without agreeing to this Agreement, or a breach of these
Agreement terms, is copyright infringement.
C. PROHIBITED USES You May Not:
- Sublicense, distribute, transfer or assign rights to the Image(s) or content.
- Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
- Copy or reproduce the Image(s) or content, except for your own classroom or personal use.
- Remove any copyright, trademark or watermark from any place where it appears on the Image(s) or content.
- Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. HANDS ON CONCEPTS or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.
- Use the Image(s) or content to compete with HANDS ON CONCEPTS. HANDS ON CONCEPTS is in the business of providing resources for educators and parents. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
- Use the Images(s) or content as part of a product in any electronic format intended for multiple distribution or licensing including, without limitation, templates, Web site templates, software products, including computer and/or video games and game consoles, e-greetings, etc.
- Use the Image(s), or resell the Image(s) for use, in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees.
- Use the Image(s) in any way that could be considered defamatory, pornographic, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
- Use the Image(s) beyond any limitations or restrictions noted on a HANDS ON CONCEPTS Website.
D. TERMINATION
This agreement is effective until it is terminated.
- This Agreement will terminate automatically, without notice from HANDS ON CONCEPTS, if you fail to comply with any provision of this Agreement.
- You can terminate the licenses granted under this Agreement with respect to any Image(s) or content by destroying the Image(s) or content, along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) or content for any purpose. Such termination may not effect payment obligations.
- HANDS ON CONCEPTS may, in its sole discretion: (i) monitor, as frequently as HANDS ON CONCEPTS determines, anything you download from our Web site, (ii) limit downloads to a fixed amount of downloads per 24 hour period so as to insure the best possible service to all subscribers to our Web site, (iii) track any abuse of your username and password, (iv) suspend or terminate your account, without notice, if HANDS ON CONCEPTS believes there is a violation of this Agreement, the Web Site User Agreement and/or any abuse of your username and password.
- Upon termination of the license to use any Image(s) granted under this Agreement, you agree to (i) destroy all copies and archives of the Image(s) and content, (ii) cease using the Image(s) and content for any purpose, and (iii) confirm to HANDS ON CONCEPTS in writing that you have complied with these requirements.
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