Con‑way Image Library Terms of Use
Note: You may download Images from the Con‑way Brand Standards Web site after agreeing to these terms.
Welcome to a distinctive selection of Con‑way (Con‑way Freight, Con‑way Truckload, Con‑way Truckload Services, Con‑way Mexico, Menlo Worldwide, and their parents, subsidiaries and affiliates are referred to herein as “Con‑way”) worldwide images developed for use by members of the media, Con‑way approved vendors, and Con‑way employees. (Images are defined as any pictures, logos, icons or other visual or graphic materials that reference Con‑way or visually represent the Con‑way Brand).
Con‑way owns all right, title and interest in and to these Con‑way images and all intellectual property rights (including without limitation United States copyrights) therein or associated therewith. You are not granted any rights to any Con‑way Image contained in the Con‑way Library other than those rights expressly granted herein. Con‑way and the Con‑way logo are among the trademarks and service marks owned by Con‑way. You may not use these or any other trademarks or service marks owned by Con‑way without agreeing to the terms set within the Con‑way Brand Standards. By downloading an image, you agree to be bound by all of the terms and conditions of this Agreement.
Con‑way’s Policy Concerning Claims of Infringement
Con‑way respects the intellectual property of others, and we ask our users to do the same.
License
Con‑way grants you a limited, worldwide, non-exclusive, non-transferable license to download, copy, and publicly display any Con‑way Image in the Image Library on a one-time basis and only as embedded or incorporated into a printed, television, or on-line medium that is subject to your agreement to be bound by the Terms of Use and accompanying provisions contained on this page.
License Restrictions
You shall not and shall not permit any third party to sublicense, assign, sell, modify, or create a derivative work of any Con‑way Image. You shall not and shall not permit any third party to alter or remove any copyright notice appearing on any Con‑way Image.
Warranty Disclaimer
Con‑way may change the information on this site, or on the services mentioned, at any time and without notice. Con‑way IMAGES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY TYPE OR KIND. Con‑way HEREBY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
IN NO EVENT SHALL Con‑way BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR INDIRECT DAMAGES OF ANY TYPE OR KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY Con‑way IMAGE, REGARDLESS OF WHETHER THE CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF APL HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You shall indemnify, defend and hold Con‑way harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees) brought against Con‑way by third parties arising out of (i) the use of any Con‑way Image except as authorized herein, (ii) any representation or misrepresentation made by you in connection with your use of any Con‑way Image, (iii) any infringement of a third-party’s rights in connection with your use of any Con‑way Image except as authorized under this Agreement, or (iv) any failure by you to comply with applicable laws in connection with your use of any Con‑way Image. Con‑way agrees that (a) you will be promptly notified of any such claim, (b) Con‑way will render reasonable assistance as required (at your expense), and (c) you will be permitted to direct the defense or settlement negotiations regarding the claim.
Jurisdiction and Choice of Law
The Image Library and Con‑way Images are protected by United States copyright and trademark laws and international treaty provisions. This Agreement will be governed by the laws of the United States and the State of California as such laws are applied to agreements between California residents entered into and performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. Any legal action concerning these terms or the Image Library must be brought within one (1) year after the claim or cause of action arises and must be brought within the State of California.
Entire Agreement
This Agreement is the entire agreement between Con‑way and you, which supersedes any prior or contemporaneous agreement, whether written or oral, relating to the subject matter of this Agreement and may be amended only by a writing signed by both parties.
