Digital Art Agreement
- You must accept the terms and conditions of this license agreement ("this agreement") to access and use Embroidery Designer Mall Digital Content ("Digital Content"). By accessing and using any Digital Content, you are agreeing to be bound by the terms of this agreement. Carefully read all the terms and conditions set forth below before accessing or using any Digital Content.
- By acquiring Digital Content, you have acquired from Embroidery Designer Mall, hereby known as ("Embroidery Designer Mall"), a license to use the Digital Content in accordance with the terms and conditions of this Agreement (the "License"). By accessing Digital Content, you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
- Upon accepting the terms of this Agreement, Embroidery Designer Mall grants to you a non-exclusive, non-assignable, non-transferable, non-sublicense, commercial and/or personal license to use Embroidery Designer Mall Digital Content as follows:
- Load Digital Content into temporary memory or into a permanent storage device, solely for your personal artistic use in accordance with this Agreement.
- Transfer Digital Content from one personal computer to another.
- Submit work product created with Digital Content to magazines, blogs, and online galleries with proper credit given to Embroidery Designer Mall or its Licensor or Licensors as Original Artist.
- Use work product to create custom apparel, and accessories for individual clients for compensation, provided that the client only receives end user items in the form of stitched/printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and images printed either electronically or on flat paper SOLELY for work approval bids.
- Use Digital Content to create and sell custom work products, including “for hire” work products, to design your own products for personal use, but always subject to the following restrictions:
FOR DIGITAL CUTTER DESIGN TEMPLATES: Your work product must be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text or graphics,
FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Your end work product must be in the form of stitched or pressed/printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and
You May Not:
- Sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce, or copy electronic files containing Embroidery Designer Mall Digital Content or permit the same.
- Repackage or redistribute any Digital Content electronic files for any reason.
- Load Embroidery Designer Mall Digital Content onto a network server.
- Use any part of Digital Content as part of or associated with any trademark, service mark, logo, or other design in which you establish or claim any commercial, personal, or other rights.
- Use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
- Remove or obscure any copyright notices associated with Digital Content.
- Claim any portion of Digital Content or any modification of Digital Content as your own.
- Create, use, sell, license, sublicense, distribute, or transfer to anyone any derivative work from Digital Content, including templates.
- Use Digital Content for any purpose other than is specifically permitted in this Agreement.
Your End Work Product Must:
FOR DIGITAL CUTTER DESIGN TEMPLATES: Be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text.
FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Be in the form of stitched, printed, or pressed apparel or accessories on fabric, wood, glass, acrylic, metal materials.
Your End Work Product Must Not:
FOR CUTTER DESIGNS: Include files that contain individual elements of Digital Content, such as images, that have not been substantially modified.
FOR MACHINE EMBROIDERY & CUTTER DESIGNS: Contain Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited. Embroidery Designer Mall will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described above.
- Any use of Embroidery Designer Mall Digital Content other than is specifically authorized in the End-User License Agreement is strictly prohibited. Embroidery Designer Mall will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses of the prohibited uses described above.
- You acknowledge that the Digital Content belongs to Embroidery Designer Mall or its Licensor or Licensors, and that Embroidery Designer Mall or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
- You may alter or modify any of the Digital Content images as necessary for your intended and permitted use as authorized in this Agreement. However, if any such alteration or modification constitutes a derivative work, you acknowledge and agree that you made such derivative work for Embroidery Designer Mall and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by Embroidery Designer Mall and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by Embroidery Designer Mall and/or its Licensors, you hereby assign and transfer to Embroidery Designer Mall and/or its Licensor or Licensors all right, title and interest in such derivative work.
THE Embroidery Designer Mall DIGITAL CONTENT IS PROVIDED BY Embroidery Designer Mall "AS IS." Embroidery Designer Mall HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED, OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Embroidery Designer Mall DISCLAIMS ANY WARRANTY THAT THE Embroidery Designer Mall DIGITAL CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- Embroidery Designer Mall and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from, or arising out of your possession or use of the Embroidery Designer Mall Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Embroidery Designer Mall Digital Content.
- The laws of some jurisdictions do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
This Agreement and performance under this Agreement will in all respects be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., without regard to conflict of laws principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not be applied to this Agreement. You agree that the proper venue for all actions arising in connection with this Agreement will be deemed proper in state court in Michigan, and you agree to submit to such venue and jurisdiction. You hereby waive personal service.
Commercial Art licenses are available upon request. Please contact us using the CONTACT US tab on the right of every page, for terms and pricing.