Moen Image Release Agreement
Use of the creative assets contained in Moen Incorporated's Web-based Image Library ("Moen Image Library") are made available on this Web site pursuant to this Agreement ("Agreement") between Moen Incorporated ("Moen") and the individual, in his or her individual capacity or as the authorized representative of the entity on whose behalf he or she is accessing the Moen Image Library ( "User" and "User's Company", respectively). Please read this Agreement carefully, since clicking on the "I Agree" button at the bottom of this Agreement evidences User's intent to be bound by all of the terms of this Agreement. Failure to click on the "I Agree" button, or selection of the "I Do Not Agree" button, will result in the User being denied access to the Moen Image Library.
- Authorized Users. The creative assets included in the Moen Image Library are intended to be used by the categories of users who require access as a trade professional or as a member of the press.
- Unauthorized Use Prohibited. Use of the creative assets included in the Moen Image Library is strictly limited to use by Moen authorized users who agree to be bound by the terms of this Agreement. Unauthorized use of any creative assets contained in the Moen Image Library is strictly prohibited pursuant to U.S. copyright, trademark and other applicable laws and constitutes an infringement of Moen's property. Unauthorized use shall result in revocation of such User's rights to use the Moen Image Library.
- Intellectual Property. The Moen Image Library and the creative assets shown therein constitute trademarks, trade names, copyrighted materials and other intellectual property which are owned by or licensed to Moen. The right to use the Moen Image Library and the creative assets shown therein for the specific purposes set forth below is personal to User and User's Company, and User hereby agrees that the creative assets shall not be transferred, conveyed, sold, distributed, given or made available for access or use by User to any third person or party. The creative assets included in the Moen Image Library may be used by the User only pursuant to the following restrictions:
- User is granted the non-exclusive right to use the creative assets shown in the Moen Image Library, as restricted by any "Usage Rights" limitations, for the limited purpose of creating media stories, promotional material, and web sites.
- User is prohibited from manipulating the creative assets, except for sizing and cropping as needed. In no event is User authorized to distort any creative asset or modify the substance of any Moen trademark, service mark or logo.
- User agrees that if Moen objects to the manner in which any of the creative assets appears in any media story, promotional piece, or other use created by User, at Moen's option, User and/or User's Company will immediately issue a correction regarding or revise said media story, promotional piece or other use as directed by Moen, or immediately discontinue any and all use or distribution of said media story, print promotional piece or other use.
- Indemnity. By accessing the creative assets on the Moen Image Library, User and User's company agree to indemnify Moen for any damages it may suffer from User's use of the Moen Image Library.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, without regard to their choice of laws provisions.
- Severability. It is agreed that if any clause or provision of this Agreement is held by the courts to be illegal or void, the validity of the remaining provisions of the Agreement shall not be affected, and the rights and obligations of Moen and User shall be enforced as if the Agreement did not contain illegal or void clauses or provisions.