THRIVE II: THIS IS WHAT IT TAKES
DOWNLOAD TERMS AND CONDITIONS
Effective April 1, 2023
Subject to the terms and conditions of the AGREEMENT, FREE TO THRIVE grants you a limited, revocable, non-transferable, non-sublicensable license to download the PICTURE, solely for private viewing. Except for the limited rights granted herein, as between the parties, FREE TO THRIVE shall retain all rights, title and interests in and to the PICTURE. If FREE TO THRIVE determines in its sole discretion that you are in breach of this AGREEMENT, FREE TO THRIVE may immediately terminate your rights hereunder upon written notice to you.
You shall indemnify and hold FREE TO THRIVE, its directors, officers, agents, employees, and licensors, harmless from and against any liabilities, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees) arising form a third-party claim that is based on your use of the PICTURE, or your breach of the AGREEMENT.
Limitation of Liability
IN NO EVENT WILL FREE TO THRIVE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING UNDER ANY LEGAL OR EQUITABLE THEORY IN CONNECTION WITH THE PICTURE, EVEN IF FREE TO THRIVE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREE TO THRIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO FREE TO THRIVE FOR ACCESS TO THE PICTURE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO FREE TO THRIVE FOR ACCESS TO THE PICTURE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FREE TO THRIVE, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under the DOWNLOAD TERMS. Any such attempted transfers, assignments, sublicenses or pledges shall be void and without effect.
If any provision of the AGREEMENT shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the AGREEMENT shall otherwise remain in full force and effect and enforceable.
The AGREEMENT is the entire agreement between you and FREE TO THRIVE with respect to the subject matter hereof and shall not be modified except in writing signed by both parties or by a new posting or notification by FREE TO THRIVE as described in the AGREEMENT. Such modifications shall supersede all prior agreements between you and FREE TO THRIVE.