This is a Legal agreement (the "Agreement", the “License”) between the Bloomicon LTD (Registered Address: CYPRUS, NICOSIA, 16 PENTELIS STREET, P.C. 240), Private Limited Company (hereinafter – the Company, we, us) and you (also can be mentioned as «Customer»). This agreement applies to licenses issued via the web. By ordering a license, licensee is confirming that it has capacity to form a contract under its local laws.
1. GENERAL PROVISIONS
Subject to the agreement, the Company grants you a non-exclusive, for a one year term, worldwide, non-transferable and non-sublicensable license to use graphic assets (hereinafter – “Items”, also can be mentioned as “Goods” or “Products/Product”). All copyright and/or other intellectual property rights to the File are reserved by the Company.
2.1. There are two types of our Items usage: for personal use and for commercial use.
PERSONAL USE (NON-BUSINESS USE)
Personal Use refers to all usage that does not generate financial income in a business manner or does not hold as an investment, for instance:
- personal scrapbooking for yourself;
- recreational websites and blogs for friends and family;
In other words customer uses Item for its personal enjoyment.
Commercial Use means that you can do everything as within Personal Use, but also to receive your own business profit using our Item, under the terms of this License.
2.2. End Product – is a result of implementation of our Item under the terms of this License into the product you produce despite the role our Item performs in such End Product (minor or major).
2.3. THE "MINOR ROLE" AND "MAJOR ROLE" OF THE ITEM FOR THE END PRODUCT
The role which Item plays in the End Product is determined by the value of the Item added to the End Product and how much the Item influences a client’s decision to choose this particular End Product among similar items.
A MAJOR ROLE: The Item is considered to play a major role in an End Product if the Item is a primary, defining, or important part of the End Product and increases the intrinsic value of the End Product, or influences a client’s preference for this particular End Product. In other words, the Item performs a major role in the End product if the End product is not significantly different than the original Item and does not require time, effort, and skill to produce.
For example, you want to use the Item to print it on T-shirts and sell them after. In this case Item plays a major role in the End Product, because anyone who wishes to purchase such T-shirt with Item printed on it will purchase it because of the Item but not because of the quality or because of the original design of such T-shirt.
A MINOR ROLE: The Item is considered to play a minor role in an End Product if the File is an incidental part of the End Product, does not add significant value to the End Product and does not influence a client’s preference for this End Product. In other words, the Item performs a minor role in the End product if the End product is a unique implementation of the Item.
3. LICENSES TERMS
3.1. There are two types of licenses the Company offers:
• License for Commercial Use;
• License for Personal Use.
Some Items may be available only for Personal Use or only for Commercial Use. You cannot use the Items for purposes that do not meet the requirements of our licenses.
All licenses specified in this Agreement are issued for one year, unless otherwise is provided by special rules of Item description.
3.2. License for Personal Use
3.2.1. Personal Use also means that you can use, modify, or manipulate the Item or incorporate into End Product not for Sale as well as for further distribution under the terms of this license.
License for Personal Use permits to use the Item for the unlimited number of Non-commercial Projects.
3.2.2. Within Personal Use there are also graphic assets which are free to download called Freebies. You will be able to download them after we share our Services in social networks and Freebies are available for public. Freebies are only for Personal Use and if you use Freebies you must mention the Company in a manner which makes it obvious for your Client that you use the Company’s Freebies.
3.3. License for Commercial Use
Under License for Commercial Use you can use the Item for any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into End product in case the Item plays a minor role, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose.
Under the terms Of Commercial License, a purchased Item may be used in one Project. Any End Products included in the one Project must be directly related under a single concept.
Under the terms of License for Commercial Use you may use purchased Items to create End Product for Sale where total Sales of End Product for Sale do not exceed 500 units. The End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person (wholesale, drop-shipping, etc.). For purposes of this license, “intend to sell” means you plan to sell, license, sub-license, or distribute the End Product for any type of fee or charge.
In any case, you acknowledge and agree that no refund will be offered for products once sold because they are digital files, non-tangible irrevocable items. We do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product.
We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
4. SPECIAL CASES
4.1. If you want to Sale more than 500 units of End Products including our Items you can:
• Buy another one License for Commercial use again
• Contact our support at email@example.com to negotiate the conditions of such Sale, which exceeds 500 units.
4. 2. In case you want your purchased Item to perform a major role in your End Product you can contact our support to receive our consent in written and new terms of such usage at firstname.lastname@example.org.
Without our previous consent in written (it means also email from us) you are not able to use our Item for major role in your End Product.
4.3. If you failed to receive consent described in close above we have got the right to terminate this Agreement for you and it may also result for you in refund to us of all profits received as a consequence of breach of this Agreement.
5. PROHIBITED USE OF ITEMS
You may not:
• Make the Item available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;
• Transfer, resell, sub-license, rent, donate or otherwise transfer the Item or rights to it to third parties;
• Create conditions under which the Item may be extracted from a product;
• Allow third parties access to the Item for further use;
• Use the unmodified Item in an e-format with resolution larger than the display resolution of the intended viewing device;
• Publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify our support at email@example.com.
• Use the Item to create an official logo, company name, or trademark;
• Use the Item in a way that infringes the Item’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
• Register as a trademark the Item or the end product incorporating the Item – not even logos. If you use the Item to create a logo for yourself or a client, keep in mind that third parties can use the Item too, even in another logo;
• Falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than the Company - the copyright holder of that Item;
• Use the Item for SPAM mailings;
• Use or sell the End Product in a way that is directly competitive with the original Item you purchased;
• Redistribute the End product including the original Item to any third parties in a manner that allows for the extraction of the original Item;
• Display, use or post the Item in a way that would lead to the conclusion that the model in the Items approves of or endorses the products or services of any venture or trademark;
• Show a person depicted in the Item in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
• Use the Item for pornographic, illegal or immoral purposes;
• Use the Item in products that could embarrass or humiliate a person or model in the Item.
If you want to Use the Item for advertisement or promotion of tobacco or alcohol products or to display, use or post the Item in a way that would lead to the conclusion that the model in the Item approves of or endorses any political party, policy, candidate, or elected official and taking in the accountsuch cases of use are covered with sensitive use, you must receive the terms of such usage from our Support considering the possibility to use such Item for purposes mentioned above and the if it is possible, our fees for such usage.
6.1. If you breach any of the terms of this Agreement, the license can be terminated, in addition to Company’s other rights at law and/or equity. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it. The Company shall be under no obligation to refund any fees paid by you in the event that your license is terminated by reason of a breach.
6.2. If you create the End Product for a client, your client must comply with these License Terms.
6.3. Our failure to assert any right or provision under this License shall not constitute a waiver of such right or provision.
All Items are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
The Company do not warrant that the Item, the Site Services 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 Company’s graphic assets is solely with you.
If you have any questions, please contact us at the Company support at: firstname.lastname@example.org.