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CLIPARTO's Standard Royalty Free License Agreement
Last updated: 04 Aug, 2013
By downloading any Image, You agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please immediately remove and do not use the Licensed Material from CLIPARTO's Website. This agreement applies to licenses issued via the web, and is applicable to online, digital and physical delivery of licensed Material. If you are entering into this Agreement on behalf of your employer, the License granted and restrictions and limitations recited herein apply to your employer and to You as a representative of your employer.
CLIPARTO reserves the right to change any of the terms of this Agreement at any time, and You are agree to be bound by such changes. Details on the date of last updates can be found at the beginning of this document. Please note that if your subscription was active prior to the changes in this Agreement, your use of Licensed Material will be controlled by the terms of this Agreement in effect at the time your CLIPARTO subscription commenced.
For the purpose of this Agreement, "Licensed Material" (or "Image", "Images") shall mean any illustration, photograph, visual representation or other product protected by copyright, trademark, patent or other intellectual property rights, which is delivered in any format to You by CLIPARTO under the terms of this Agreement.
All Licensed Material is owned by CLIPARTO or its Artists and is protected by international copyright laws. No title to or intellectual property rights to the Licensed Material are transferred to You. CLIPARTO and its Artist retain all rights not expressly granted by this License Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
Usage and Rights
CLIPARTO grants You a non-exclusive, non-transferable right and license to use the Licensed Material an unlimited number of times in any countries in any and all media for the any purposes except or with the following restrictions:
(a) - the Images (Licensed Material) may not be distributed, sublicensed or made available for use or distribution as art for reproduction (clipart) in any digital form without written permission from CLIPARTO; and no rights to the Images may be granted other than the right to use the Images as part of the product made by you;
(b) - the Images (Licensed Material) used in electronic form, including multimedia applications and Internet or intranet sites, should be for viewing purposes only, i.e., prepared as embedded or inline graphics, and cannot be in a downloadable or FTP format. You cannot post the Licensed Material online in a downloadable format; You cannot sell, license or distribute your work in such a way that your customer can extract or access the Licensed Material as a stand-alone file;
(c) - the Images (Licensed Material) cannot be incorporated into a logo, a trademark or any service mark;
(d) - Pornographic, defamatory, libelous or otherwise unlawful use of the images (Licensed Material) is strictly prohibited whether directly or in context or juxtaposition with specific subject matter;
(e) - the Use of the Images (Licensed Material) is strictly prohibited in connection with malicious software or unsolicited email or in context of such usage (e.g. linked from unsolicited email);
(f) - the Use of the Images (Licensed Material) is strictly prohibited in any case if such usage brings any person or property displayed in the Image (Licensed Material) into disrepute (this included, but is not limited to ads for tobacco products, abuse, drugs, AIDS, criminal or sexual behavior);
(g) - the Use of the Images marked "Editorial Use Only" for any commercial, promotional, endorsement, advertising or merchandising purposes is strictly prohibited. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. CLIPARTO does not provide such permissions.
(h) - the Images (Licensed Material) cannot be included to any electronic templates or other digital products used for commercial purposes or for resale including electronic templates on websites, to create or edit brochures, business and greeting cards, for e-cards, e-books, online "print-on-demand" products (incl. cafepress shops), software programs, brushes or textures for graphic editors, PC/online games, etc;
(i) - the Images cannot be used for any type of outdoor advertising;
(j) - the number of impressions of each Image (Licensed Material) on any products or for any use is limited to 750,000 (seven hundred fifty thousand) times except the personal/private usage, the usage for web/digital advertisements, illustrative purposes and design elements of single website, as illustrations for e-books, for illustrative purposes in corporate or commercial films, video presentations, motion pictures, movies, theatrical and other presentations, or for editorial use in media including printed magazines, newspapers, editorials, newsletters and TV (please note that editorial use is allowed only with credit as follows: "© Artist name - CLIPARTO" );
(k) - On websites or other digital media the Images (Licensed Material) cannot be displayed at a resolution greater than 1200 x 800 pixels;
(l) - the number of all the tangible products for resale where each Image (Licensed Material) is displayed is limitred to 500 (five hundreds) items only;
(m) - You may distribute the Images (Licensed Material) within only network or similar asset management system to no more than 3 (three) computers/workstations within the same organisation (company) or similar legal entity and the access to the Licensed Material has to be limited by (3) three users only.
(n) - the Images cannot be used in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.
Please note that Licensed Material downloaded as part of your Standard License subscription may only be used in compliance with the terms of this Standard Royalty Free License Agreement. Your failure to comply with the terms hereof could result in the immediate termination of your account, your subscription and confiscation of all the funds at your CLIPARTO's account.
CLIPARTO grants You the right to have the Licensed Material reproduced by your subcontractors, provided that such subcontractors agree to abide by the restrictions of this Agreement.
You can alter, crop, manipulate and create derivative works of the Images (Licensed Material) and any usage of these derivative works is restricted under the terms of this Agreement applicable to the original Images (Licensed Material).
CLIPARTO grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture or other property depicted in any Licensed Material, and You must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
You should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for reproduction. CLIPARTO shall not be liable for any loss or damage that you suffered or suffered by any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its reproduction.
CLIPARTO reserves all rights not expressly granted to You herein.
Termination and Revocation
The License contained in this Agreement will terminate automatically without notice from CLIPARTO if You fails to comply with any provision of this Agreement. Upon termination, You must (1) immediately stop using the Licensed Material,(2) destroy or, upon the request of CLIPARTO, return the Licensed Material to CLIPARTO (in the case of tangible materials), (3) delete or remove the Licensed Material from your premises, computer systems and storage (electronic or physical).
CLIPARTO reserves the right to revoke the License to use the Licensed Material for good cause. Upon notice of any revocation of a License for any particular Licensed Material, you shall immediately cease using such Licensed Material and shall ensure that your clients and customers do likewise.
In case of cancellation of the payment for the services related to this Agreement, or if payment for the use of the Licensed Material is not made in full, CLIPARTO immediately revokes the License and automatically terminates this Agreement.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
CLIPARTO may at any time inspect any records, accounts and books relating to the use or reproduction of any of Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.
You agree to indemnify, defend, and hold harmless CLIPARTO and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
Warranty and Liability
The Website and the Images are provided "as is". We offer no warranty, explicit or implied, regarding any Images, the Website, the accuracy of any information, or any rights or licenses under this Agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. CLIPARTO does not represent or warrant that the Website or the Images will meet your requirements or that their use will be uninterrupted or error free.
CLIPARTO shall not 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 Website or the Images.