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Terms and Conditions of Use
1. Photographs may not be reproduced or altered in any way whatsoever,
including print reproduction, online posting, presentation layouts,
sketches and Photostats without SSG’s written permission
and agreement on the terms and conditions set forth herein.
The use of the enclosed images must be submitted to Sport Supply
Group, Inc. (SSG) to be reviewed and approved in writing prior
to use.
2. SSG maintains the copyright to these images and reserves
all rights to all images.
3. Recipient assumes full liability for its employees, agents,
assigns, messengers and freelance researchers for any loss,
damage or misuse of any images.
4. Recipient represents and warrants to SSG that its customer
base consists solely of institutional accounts and that its
product distribution is solely in the continental United States.
5. Due to certain brand restrictions SSG reserves the right
to restrict access to individual products or product lines or
to geographical scope at any time.
6. The terms set forth herein supercede any claims or rights
on any purchase order or other writing submitted by you to SSG.
7. SSG may terminate Recipient’s rights to use any or all
of the images provided hereunder at any time, with or without
cause. Recipient agrees to immediately cease using all such
images upon receipt of notice from SSG and agrees to destroy
the original disk containing images and any files copied from
this disk.
8. Indemnification. The Recipient agrees to indemnify,
defend and hold SSG harmless from and against any and all losses,
damages, obligations, deficiencies, liabilities, encumbrances,
penalties, claims, costs and expenses (including all court costs
and attorneys’ fees) incurred by the Recipient arising
from, in connection with or related to the breach or inaccuracy
(or alleged breach or inaccuracy by any third party) of any
of the terms set forth herein including without limitation selling
product to non-institutional customers or selling product outside
the continental United States unless written approval is obtained
from an authorized representative of SSG.
9. Notices. Any notice or other communication required
or permitted hereunder shall be in writing and shall be delivered
personally or by a recognized courier service, telegraphed,
telexed, sent by facsimile transmission or sent by certified
or registered mail, postage prepaid. Any such notice shall be
deemed given and received (whether actually received or not)
on the day it is delivered personally or delivered by a recognized
courier service as aforesaid, or telegraphed, telexed or sent
by facsimile transmission or, if mailed, four (4) days after
the date of deposit in the United States mails as follows:
If to SSG to:
Sport Supply Group, Inc.
1901 Diplomat Dr.
Farmers Branch, Texas 75234
Facsimile Number: (972) 884-7340
10. Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Texas
(without regard to the choice of law provisions thereof). |
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