Comercial License
Introduction
Please read these Agreement carefully. By purchasing an image from the DrawForAlls.com website under the Comercial License, you agree to be bound by the terms and conditions detailed in this document.
This Agreement is between the seller and the buyer ('You' or 'User') purchasing the images (defined as photos, vector illustrations, graphics, videos, fonts or any other available downloadable content) (hereinafter 'Image', 'Product' or 'Content') in the marketplace of this website.
DrawForAll is, unless otherwise stated, the owner of all copyright and data rights in the Service. Individuals who have posted works to DrawForAlls.com are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, original artwork without the express, written consent of DrawForAlls.com or the appropriate owner of copyright in such works.
You agree to be bound by the Terms and Conditions of this Agreement and by downloading any of our Content You acknowledge that You have read, understood and accepted the Terms and Conditions of this Agreement.
Through this agreement, we grant you the personal, non-exclusive and non-transferable right to use and reproduce Images in the following ways, subject to the limitations set forth herein
A.
You may
, subject to any restrictions set forth below:- 1. Use the images as part of commercial or advertising purposes in magazines or newspapers or as design elements of a video game or CD-ROM.
- 2. Use the images in electronic publications, social networks or web pages (there is no size limit if the image is part of a design and is therefore manipulated), but NOT in connection with any web template or software product for distribution or resale by others.
- 3. Use the images as part of promotional or advertising materials, including print ads, emails, brochures, and packaging.
- 4. Use the images in any form of vehicle wrap and signage.
- 5. Use the images by publishing them for editorial purposes in any media (including newspapers, books and magazines) as long as an acknowledgment of the author is included.
- 6. Use the images as design elements in videos, movies, or TV shows, as long as a reasonably prominent statement is included in the credits.
- 7. Modify images downloaded with an comercial license indefinitely.
- 8. Use in products for resale or distribution, regardless of the size of the production or duplication of this material (including downloads), including, without limitation, computers, external devices thereof, clothing, art, posters, business cards, congratulations, both digital and printed, that contain this material.
- 9. Use the images in emails, e-books and social networks.
B. You may not
- 1. Create scandalous, obscene, defamatory or immoral works using the Image(s) or use the Image(s) for any purpose not permitted by law;
- 2. Use or permit the use of the Image(s) or part thereof(es) as a trademark or service mark, or claim any ownership rights of any kind in the Image(s) or part of them);
- 3. Rent, lease, sublicense or lend the Image(s), or a copy thereof, to any other person or legal entity. You may, however, transfer your entire license to use the Image(s) to another person or legal entity.
- 4. You agree not to use any image in a defamatory manner or context, either by editing it or by accompanying it with text. Written permission is required in advance for the use of images depicting any illegal activity or product, or any sensitive subject matter, including, but not limited to, contraception, sexual themes, substance abuse, domestic violence, alcohol, tobacco, HIV, cancer, acts of violence and other physical or mental ailments.
- 5. You agree not to use or display any unaltered Image(s) on websites or in connection with any service designed to sell or promote the sale of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork or other items.
C. Proprietary Rights
You are licensing the Product and the right to access, install and use the Product in accordance with this Agreement, not buying the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this Agreement.
D. Updates
We have no obligation to update the Product.
E. Duration
This license will be effective only for as long as you comply with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set forth below will be in effect even after any termination.
F. Disclaimer
ANY PRODUCTS OR PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM, AND YOU WAIVE (WITH REGARD TO US), ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE PRODUCTS AND PROFESSIONAL SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE NOT REPRESENT OR WARRANT THAT: (A) ANY PRODUCT OR PROFESSIONAL SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PRODUCT OR PROFESSIONAL SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY PRODUCT OR PROFESSIONAL SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DEFECTS IN ANY PRODUCT OR PROFESSIONAL SERVICE WILL BE CORRECTED.
G. Exclusion and Limitation of Liability
(a) YOU DOWNLOAD, INSTALL AND OTHERWISE USE ALL PRODUCTS, AND RECEIVE AND USE ALL PROFESSIONAL SERVICES, AT YOUR OWN RISK. YOU AGREE TO, AND HEREBY DO
- (i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST US OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) ARISING FROM OR RELATING TO ANY PRODUCTS OR PROFESSIONAL SERVICES, AND
- (ii) RELEASE THE RELEASEES FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF ANY PRODUCT OR PROFESSIONAL SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE RELEASEES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.
(b) WE NOT WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.
(c) WE NOT WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES..
(d) MAXIMUM LIABILITY: IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE BECOME LIABLE TO YOU IN RESPECT OF ANY PRODUCT OR PROFESSIONAL SERVICE OR OTHERWISE UNDER THIS AGREEMENT, THE ENTIRE CUMULATIVE LIABILITY OF US , AND YOUR EXCLUSIVE AND CUMULATIVE REMEDY, FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OR FORM OR ACTION), WILL BE LIMITED TO USD$10.
H. Indemnity
As a condition of your use of any Product or any Professional Services, you agree to hold harmless and indemnify the Releasees from any liability for any loss or damage to any third party resulting from your access to, installation or use of the Product or your receipt and use of the Professional Services.
I. Term and Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if: (a) you breach any terms of this Agreement; or (b) you do not complete payment for the Product or Professional Services, or any payment you make is refunded, reversed or cancelled for any reason. Upon this Agreement’s termination, you will cease all use of the Product and destroy all copies, full or partial, of the Product in your possession. Sections F through P will survive the termination of this Agreement.
Account suspension can apply to offenses either by buyer or seller. Depending on the severity of the offense, a determination will be made by our staff in the best interest of the website. The general rule of thumb is a three strikes policy. As a buyer or seller if you are reported three times for not following through with a sale or purchase, you will be notified the first time and reminded of the policies. The Second offense will be grounds for suspension. As a seller, any pending auctions will be closed along with any store listings and as a Buyer, any bids made will be null and void and the account suspended.
J. Compliance with Laws
You will comply with all applicable laws when using any Product or Professional Services (including intellectual property ).
K. Entire Agreement
This Agreement supersedes all prior agreements of the parties regarding the Product or Professional Services, and constitutes the whole agreement with respect to the Product or Professional Services.
L. Disputes
If you have any concerns about the Product or Professional Services, please contact us through our contact page or mail to info@drawforalls.com and we will work with you to try to resolve the issue. You acknowledge and agree that any such dispute is between you and us.
M. Assignment
We may assign this Agreement without notice to you. You may not assign this Agreement or any of your rights under it without our prior written consent, which we will not withhold unreasonably.
N. Waiver
No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.
O. Applicable Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of Florida, U.S.A., and any dispute will be resolved in accordance with the laws of Florida, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Superior Court of Orlando, State Florida. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
P. Legal Effect
This Agreement describes certain legal rights. You may have other rights under the laws of your country. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.