Font-Clipart.com  term of service single user enchanced license

 

Dear Font-Clipart.com Enhanced License Customer:

The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into these TOS (“you” or “Customer”) Font-Clipart.com

Please read these TOS carefully before downloading any Font-Clipart.com Images or images pak (“Image” or “Images” ). By downloading any Image, you agree to be bound by the terms of these TOS.

Font-Clipart.com reserves the right to change these TOS at any time, and you agree to be bound by such changes. If you do not agree to these TOS, as same may be amended from time to time, do not download or use any Images.

 

PART I
LIMITED LICENSE

All Images Font-Clipart.com are protected international copyright laws and treaties. Font-Clipart.com and/or the  artist who provide content and/or Images to Font-Clipart.com  own all rights, including the copyrights in and to the Images. Font-Clipart.com and/or its artist reserve all rights in and to the Images not expressly granted to you by these TOS. Your rights to use any Image are subject to these TOS and are conditioned upon you making payment to Font-Clipart.com for your use of the Images.

Font-Clipart.com hereby grants you a non-exclusive, non-transferable, worldwide, perpetual, right to use, modify, and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:

On web sites;

In printed media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile “apps”), and opt-in e-mail marketing, provided that the Image(s) cannot be readily unincorporated from such digital media;

Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, streaming;

Incorporated into printed or digital material intended for public display, including trade show booths, point of sale materials, and so-called Out of Home advertising;

As printed reproductions solely for your own personal use, not for resale, download or distribution, including as wall art and wallpaper;

Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards, provided that such merchandise: a) combines the Image with words and/or other graphics of images; or b) the Image is not the primary factor driving the sale of such merchandise.

In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Font-Clipart.com or its author, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

All rights in the Images not expressly granted herein are reserved by Font-Clipart.com for itself and its artist.

PART II
RESTRICTIONS

YOU MAY NOT:

Make Images available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such Image(s) or image pak(s).

 

Resell, redistribute, provide access to, share or transfer any Image (image pak) except as specifically provided herein. Uploading any Image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image.

Publicly display an Image (image pak): (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions intended to prevent the use of such Images by third parties, unless the Image is incorporated into a design with text or other content, and the overlaid or embedded text or other such content covers an area of at least 33% of the display size of the Image. Unless expressly permitted by this agreement, no other person may use Images which you have licensed hereunder.

Use Font-Clipart.com Images (images pak) in a manner that competes with Font-Clipart.com business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering Font-Clipart.com Images (images pak) for sale or resale.

Falsely represent, expressly or by way of reasonable implication, that any Image was created by you or a person other than the copyright holder(s) of that Image

PART III
MISCELLANEOUS

“Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, an Image or the right to use an Image. You may however, make a one-time transfer of Images to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image.

Font-Clipart.com warrants and represents that:

unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties’ rights of privacy or publicity;

Unaltered Images do not and will not: (i) violate any US law, statute, ordinance, or regulation;

Notwithstanding any thing to the contrary contained herein, Font-Clipart.com shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.

Font-Clipart.com  does not warrant that the images  will meet your requirements or that use will be uninterrupted or error free. the entire risk as to the quality, performance and use of the images is solely with you.

You understand that you should seek competent counsel before using images on or in connection with any goods or services or for any other commercial purposes.

In no event, shall Font-Clipart.com total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the font-clipart.com website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Font-Clipart.com from you for your use of the applicable image(s). neither Font-Clipart.com nor any of its employees managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the image(s), Fonts-Clipart.com breach of this agreement, or otherwise, unless expressly provided for herein, even if Font-Clipart.com has been advised of the possibility of such damages, costs or losses. in no event, shall Font-Clipart.com total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the Font-Clipart.com website and/or image(s) contained thereon (whether in contract, tort or otherwise) exceed the limits of liability.

Effective 1 June 2012