|
| Conditions of Use |
 |
|
 |
Introduction
All of the information, materials and artwork designs ("Designs") on this Website are protected by U.S. and international copyright law. Any use of these Designs without my express permission is unauthorized and illegal. I take this seriously and so does the FBI, which has authorized me to tell you this:
Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.
Designated Designs on this Website are available for download for use only as described in the terms and conditions of the Limited Use License Agreement. Downloading the Design(s) does not transfer title or any intellectual property rights to you. If you want to use the Designs on this site, or any of my other artwork, for any other reason, you can contact me for information about other licenses.
Use of this website indicates your acceptance of the terms and conditions of the Limited Use License Agreement ("Agreement"), which apply to all of the Designs on this website.
You must be at least 18 years of age to use this Website and accept this Agreement. Tattoo Art may require any registrant to provide sufficient proof that he or she is at least 18 years of age. Minors can access Website only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use the Website and agrees to be bound personally by the terms and conditions of the Agreement.
Limited Use License Agreement
Plain language
Note: this is a short summary of the key point of the license - see below for the full version that my lawyers made me include. If there is any difference between my summary and their full version, their version controls.
Once you have purchased a specific design,
You may:
1. Download that design for your personal use.
2. Apply the design to yourself, articles of personal clothing, and/or other possessions such as books, skateboards, surfboards, snowboards, cars, bikes etc.
3. Print up to 5 copies.
4. Display the design on your personal computer, pda, phone, music player etc.
You may not:
1. Download or attempt to copy a design from this website without paying for it.
2. Alter a design in any way.
3. Remove the (c) from any design.
4. Try to recreate a design on your own.
5. Resell the design. This applies even if you do not use the design yourself in any way.
6. Download or attempt to download any portion of this website that is not specifically intended to be downloaded.
The Designs are sold as is without any warranty, guarantee, or liability on my part whatsoever. Once downloaded, there are no refunds.
If you violate the terms of the Limited Use License Agreement, I will come after you and alert legal authorities so that they can come after you as well.
Full Version
This is a legal agreement ("Agreement") between you, your company, your employer and/or your client as applicable (collectively herein "You"), and Tattoo Art, Inc. ("Tattoo Art").
Please read the following terms and conditions carefully. Your acceptance to these terms is an absolute condition to your access to and use of any designs of any artwork and/or images (collectively "Designs") downloaded from this site. Copying, downloading, or any other use of the Designs on this site constitutes express acceptance of the terms and conditions set forth below.
Tattoo Art reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound to such changes.
Definitions
"Designs" or "Design" shall mean artwork, clipart, composites, digital image, fonts, graphics, illustrations, photographs or any other visual representation regardless of whether the Design is obtained via download from this website or deemed delivered in any other fashion.
"User" shall mean an individual, legal entity, or agent entering into this Agreement, or any employee or contractor of such individual legal entity or agent that uses, manipulates, or modifies the Designs covered by this Agreement. All Users shall only use the images in accordance with the terms of this Agreement.
Grant of License
Tattoo Art grants you a nonexclusive and nontransferable license to use the Designs as provided in this Agreement.
Permitted Uses
You may use the Designs as follows:
1. Backup and store Designs, as necessary, on a single computer or server for future use. Any copy made must include the copyright notice contained in the original downloaded Design.
2. You may apply the Design to yourself, either by direct transfer or by reproducing the Design, articles of personal clothing, and/or other personal possessions such as books, skateboards, surfboards, snowboards, cars, bikes, etc. You may print up to 5 copies of the Design. Any further printouts shall exceed the scope of this limited use license and shall be an infringement of the copyright.
3. You may display the Design on your personal computer, PDA, phone, music player, etc.
Prohibited Uses
You may not:
1. Sublicense, distribute, transfer, or assign the Design or rights to the Design.
2. Reverse, engineer, decompile, translate, or disassemble any part of the Design.
3. Copy or reproduce the Design, except as specifically provided for herein.
4. Remove any copyright, trademark, or watermark from any place where it appears on the Design.
5. Display the Design in any digital format or for any digital use at a resolution greater than 72 DPI.
6. Use the Design or any part of the Design as a part of a trademark, service mark, or logo.
7. Use the Design to compete with Tattoo Art. This restriction is intended to prevent you from using the Design to compete directly or indirectly with Tattoo Art.
8. Place the Design on any website or computer services, where it can be downloaded by others.
9. Use the Design in any way that would be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent or illegal.
10. Remove the copyright notice from any Design.
Payment Terms
You agree to pay all Design license fees and no rights are granted under this Agreement until all payments are made in full. Once downloaded, there are no refunds for any Design. If payment is rescinded, or a stop payment is made, or the charges disputed, retention of and any use of the Design shall be a copyright infringement. You shall be liable for and agree to pay all past due amounts, interest, and process of collection, including attorney's fees, for any payments not made.
Termination
This Agreement is effective upon downloading any Design. The license granted will terminate automatically without notice from Tattoo Art, if you fail to comply with any provision of this Agreement.
Warranty and Limitations of Liability
The Designs and accompanying materials (if applicable) are provided "as is" without warranty of any kind, neither express nor implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Tattoo Art makes no warranties for any images that have been modified or altered by you, and you will be solely responsible for any claims relating to or arising out of your modification and use of the images. Tattoo Art grants no rights or warranties with respect to the use of names, trademarks, logo, types, copyrights, designs, or works of art or architecture depicted in any Design, and the user shall satisfy itself that all necessary rights, consents, or permission as may be required are obtained.
Tattoo Art does not warrant that the Design will meet your requirements or that the use will be uninterrupted or error free. The entire risk as to the quality, performance of the use of the Design is solely with the User.
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. Tattoo Art shall not be liable to you or any other entity for any general, punitive, special, indirect, consequential, or incidental damages or loss profits or any other damages, costs, or losses arising out of your use of the Design, Tattoo Art's breach of this Agreement or otherwise, even if Tattoo Art has been advised of the possibility of such damages, costs, or losses. In no event shall Tattoo Art's 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 Design (whether in contract, tort, or otherwise) exceed two times the monetary amount actually received by Tattoo Art for your use of the applicable Design.
Tattoo Art makes no representations or warranties that the Designs are compatible with any particular computer system or program or that they are free from any viruses.
You represent and Warrant that:
1. You are at eighteen years of age and have a full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal.
2. You do not reside in any country to which export of you as products are prohibited or restricted, and you will not ship, transfer, or export any of the Designs into any country or use any of the Designs in any manner prohibited by any laws, restrictions, or regulations.
3. You will not use the Design in any way that is not permitted by this Agreement.
4. Your use of the Design will not violate any applicable law or regulation of any country, state, or other governmental entity.
5. The information that you provide to Tattoo Art is accurate and true including, without limitation, all credit card or other payment information, and you shall update such information as necessary.
6. If you are acting as an agent, you have informed your client/principal of the terms of this Agreement.
Limitation of Remedy
Tattoo Art's entire liability in your exclusive remedy with respect to any claims arising out of this Agreement, shall be at Tattoo Art's sole discretion, either replacement of the Design or refund of any fee paid for this specific Design. Any claim must be brought within twelve (12) months of the earlier of the date that you discovered such claim or downloaded the image.
Indemnification
You agree to indemnify and hold Tattoo Art, its affiants, parents, subsidiaries, directors, officers, successors, assigns, distributors, and anyone else associated with Tattoo Art, harmless from and against any and all claims, liabilities, costs, damages, or expenses, including attorney's fees, asserted against Tattoo Art arising out of your use of the Designs or in connection with any breach of any of the terms of this Agreement.
General Terms
If any provision of this Agreement is held to be non-enforceable, it shall not affect any other provisions in this Agreement.
No action of Tattoo Art other than an express, written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of Tattoo Art is authorized to make any oral waiver. In the event, Tattoo Art waives a specific part of the Agreement, it does not constitute a waiver of any other part.
Jurisdiction
This Agreement, its validity, and effect shall be solely interpreted and governed by the laws of the State of Virginia of the United States of America. Any claims in any way related to or arising out of this Agreement or the relationship of the parties shall be brought solely in the United States District Court for the Eastern District of Virginia, Norfolk Division, if that court has jurisdiction, otherwise, any such action shall be brought in the Circuit Court for the City of Virginia Beach.
Legal Fees
You agree to reimburse Tattoo Art for its legal fees, costs, and expenses, if Tattoo Art is successful in enforcing any of its rights in this Agreement including, without limitation, in connection with any action to collect payment.
Assignability
You may not assign or transfer to anyone else the rights granted to you in this Agreement without Tattoo Art's prior written consent. Tattoo Art may assign or transfer this Agreement.
Entire Contract
You acknowledge that you have read this contract, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and Tattoo Art, which supercedes any proposal or prior agreement, oral or written, and any other communications between you and Tattoo Art relating to the subject of this Agreement.
|
|
|
|
|
| 0 items |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
