Please read these Terms of Use (“Terms”) carefully. These Terms form an agreement between You (as defined herein) and Mercy For Animals, Inc. (“MFA”), a Delaware corporation with its principal place of business at 8033 Sunset Blvd, Ste 864, Los Angeles, CA 90046.
By using this website (“Site”), creating a user profile on this Site, and/or downloading or using any content made available on this Site, You and any other person or entity on whose behalf You use this Site and/or download or use any content made available on this Site (collectively, “You”), agree to be bound by all of these Terms. We value Your privacy and ask that You review the MFA Global Licensing Website Privacy Policy, which these Terms incorporate by reference.
Ownership of the Website and its Content
This Site is owned by MFA. MFA is the sole intellectual property owner of all images and other audiovisual content made available on this Site (the “Site Content”).
License
When You download Site Content, MFA grants to You a non-exclusive, perpetual, worldwide, royalty-free license to reproduce, distribute, and publish the Site Content You have downloaded (the “Licensed Works”), and collective works that are based upon or incorporate the Licensed Works, subject to these Terms.
MFA retains ownership and title to the Licensed Works and all copyrights therein. You may sublicense the Licensed Works to Your contractors, subject to the sublicensee’s adherence to these Terms. You may not sublicense the Licensed Works to any other person or entity.
Prohibited Uses
You are specifically prohibited from using the Licensed Works:
(a) to oppose MFA’s reputational or legal interests, or otherwise undermine MFA’s mission to end factory farming and reduce animal suffering;
(b) to promote, advertise, market, support, or otherwise benefit the animal agriculture industry or the meat, poultry, fish, dairy, or egg industry or any other industry that uses or consumes animals or animal products;
(c) in a manner that is defamatory, obscene, pornographic, objectionable, or otherwise unlawful based on all applicable laws and regulations; or
(d) for the purpose of making false or misleading statements or implications.
You agree that money damages would not be a sufficient remedy for any breach of this section and that MFA shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach. Such remedies shall not be deemed to be the exclusive remedy for breach of this section, but shall be in addition to all other remedies that may be available at law or equity. This section shall survive expiration or termination of the Terms.
Attribution
Whenever You distribute, publicly perform, or publicly display the Licensed Works, or derivative or collective works based upon or incorporating the Licensed Works, no attribution or credit to MFA is necessary. Where You are attributing other source material MFA retains the right to require that an attribution be added or removed from any content made using the Licensed Works. You may not falsely claim ownership of the Licensed Works or knowingly misattribute the Licensed Works.
Representations and Warranties
BY ACCEPTING THESE TERMS, YOU GUARANTEE THAT YOU HAVE FULL POWER AND AUTHORITY TO EXECUTE AND PERFORM THESE TERMS.
MFA GUARANTEES THAT IT HAS OWNERSHIP AND TITLE TO THE LICENSED WORKS AND ALL COPYRIGHTS THEREIN. OTHER THAN THAT, MFA MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED WORKS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MARKETABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability and Indemnification
MFA WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OF THE LICENSED WORKS.
YOU WILL INDEMNIFY AND HOLD HARMLESS MFA, ITS DIRECTORS, ITS EMPLOYEES, AND ITS INVESTIGATORS FOR REASONABLE COSTS, INCLUDING ATTORNEY’S FEES, INCURRED BY MFA IN ANY CLAIM ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE LICENSED WORKS. SAID CLAIMS INCLUDE, BUT ARE NOT LIMITED TO, CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR FAILURE TO MEET YOUR OBLIGATIONS UNDER THESE TERMS, EXCEPT TO THE EXTENT THAT SUCH LIABILITIES ARE ESTABLISHED IN A COURT OF LAW TO HAVE BEEN CAUSED SOLELY AND DIRECTLY BY GROSS NEGLIGENCE ON THE PART OF MFA, ITS DIRECTORS, AND/OR ITS EMPLOYEES.
Termination
The rights granted to You under these Terms will terminate automatically upon Your material breach of any of these Terms. In addition, in its sole discretion, MFA may terminate Your license upon 10 days written notice.
Applicable Law
These Terms will be governed by and interpreted in accordance with the laws of the State of California without giving effect to the conflict of laws provisions thereof.
Venue
Any action or proceeding to enforce these Terms shall be brought in the Superior Court of Los Angeles County, California. You hereby irrevocably submit to the exclusive jurisdiction of this court and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
Severability
If any of these Terms is invalid or unenforceable under applicable law, it will not affect the validity or enforceability of the remainder of these Terms.