Policies and Terms of Use
Creartist Customer Agreement
This Agreement governs the terms and conditions by which members and clients of
Creartist® (hereinafter “you” or “Member”) obtain the right to use illustrations,
photographic images, animations, art,flash content and other media content available
(the “Content”) through the web site located at www.creartist.com (the “Site”).
This Content License Agreement/User Agreement(the “Agreement”) is in addition to the
Terms of Use applicable to the Site all persons providing content to or downloading
content from the Site have previously entered into.
Creartist hereby grants to you a non-exclusive, non-transferable license to use the purchased
Content for the Permitted Uses (as defined below) in accordance with the terms and
conditions contained herein. All other rights in and to the Content, including, without limitation,
all copyright and other intellectual property rights relating to the Content, are retained by
Creartist or the supplier of the Content (the “Supplier”), as the case may be.
Content may only be used for Permitted Uses (as that term defined below) and may not be
used for Prohibited Uses (as that term is defined below.)
Only you are permitted to use the Content, although you may transfer files containing Content to
your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that
such parties shall have no further or additional rights to use the Content and cannot access or
extract it from any file you provide. You may install and use the Content in only one location at a
time, although subject to the Prohibited Uses and the other terms of this Agreement, you are
entitled to utilize the Permitted Uses up to 500,000 times. You may physically transfer the
Content and its archives from one location to another, in which case you may use the Content
at the new location instead. If you require the Content to be in more than one location or
accessible by more than one person, you must download the Content from the Site for each
such use.You may make one copy of the Content solely for back-up purposes, and you must
reproduce all proprietary notices on this single back-up copy.
registered User of the Site who desires to download and use Content.
a. Creartist sublicenses content owned by third parties (“Contributors”) via the Site. In
uploading Content, Contributors authorize Creartist to grant licenses to use their
Content to Users, in accordance with the terms and conditions of this Agreement.
Creartist does not act as agent for Contributors who license Content or Users who
use the Content,and, except as specifically set forth in Section 10 below, does not
guarantee the quality, title, or legality of the Content, or the truth or accuracy of
listings associated with the Content. Accordingly, except with respect to claims
arising from Creartist’s breach of warranties set forth herein, you hereby irrevocably
and unconditionally release and waive any and all claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, that you
may have or assert against Creartist relating to or arising out of the purchase of a
license to or the use of the Content.
b. For purposes of this Agreement, “you” or “User” means either: (a) the individual listed
as the registrant of the Creartist User Account through which the Agreement and the
license(s) granted hereunder are entered (“Registrant”), or (b) if Registrant is entering
into this Agreement and the license(s) granted hereunder are for the benefit of, and/or
as an agent on behalf of, Registrant’s employer (“Employer”) and/or a third party
(“Principal”) then such Employer or Principal. If Registrant is entering into this
Agreement and the licenses hereunder for the benefit of, and/or as an agent on behalf
of Employer and/or Principal, then Registrant: (a) represents and warrants that such
Principal and/or Employer has authorized Registrant to enter into this Agreement,
that the licenses granted hereunder are on that Principal’s and/or Employer’s behalf,
that such Principal and/or Employer has agreed to be bound hereby and that
Registrant has actual and express authority to act on behalf of and bind such Principal
and/or Employer to the terms of this Agreement; (b) the Content (and any use thereof)
is solely for the benefit of the Employer and or Principal and that Registrant will not
use the Content or (any use thereof) for the benefit of any other person or entity without
entering into a separate license with Creartist , and (c) Registrant will comply with the
terms of this Agreement and will be jointly and severally liable for any breach of the
terms of this Agreement by Principal and/or Employer.
c. License Grant. Subject to the terms of this Agreement, Creartist grants you a non-exclusive,
non-transferable, sublicense to use the Content in accordance with the selected sublicense
option(s) as each option is described below (and as identified in the particular web page
associated with the Content and sublicense option you select). Please note that there may
be limited licensing options applicable to particular items of Content, so not all sublicensing
options listed below may be available to all Users. This sublicense is conditioned upon (a)
your compliance with all provisions of this Agreement, and (b) receipt of your payment in full
of the license fee and any other charges associated with the particular Content and
sublicense option(s) selected by you, which fees and charges will be displayed on the
website prior to payment (and in your receipt). You will be asked to confirm these terms prior
to concluding the transaction. The sublicense and your right to use the Content will
immediately terminate upon your failure to comply with any provision of this Agreement, the
Terms of Use or failure to make full payment when due, in which case Creartist will be
entitled to pursue all other remedies by law, including in the event of an infringement of
copyrights, the remedies available under copyright and other laws. All charges for use of
Content, including sublicense fees, will be billed automatically without prior notification in
accordance with the payment method(s) defined by you and associated with your Creartist User Account.
3. License Options
Basic License: Under the Basic License, the User is granted the following rights:
a. Single User: The User (and only the User) may download and copy into electronic storage the Content onto one (1) personal computer, and operated by a single person at a time, who, in the case of an individual User, is the individual User, or, if the User is a legal entity, a single person acting under the direction and control of the User. Under this Basic License option, network or server-based use of Content from multiple terminals or by multiple persons is prohibited.
b. Permitted Uses under the Basic License. Subject to the restrictions of this Agreement and the Terms of Use (and any other agreements or policies incorporated therein by reference) as well as the restrictions described under Prohibited Uses below, the User may reproduce, publicly display, make certain works derived from, and distribute the Content for the Permitted Uses set forth below, and may distribute such works, subject to the following limits:
1. advertising and promotional projects, including hard copy printed materials, commercials, presentations, product packaging, advertising and promotional purpose film and video presentations, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license) up to 500,000 copies;
2. publications such as books and book covers, magazines, newspapers, editorials, newsletters up to 500,000 copies, and including the resale of these publications;
3. theatrical presentations, including video, webcast and broadcast, (unlimited copies), and including the resale of these presentations;
4. on-line and electronic publications including web pages and web-based advertising and promotional projects, to a maximum of 1200 x 800 pixels; and
5. hard copy prints, posters and other reproductions for personal or promotional use, but not for resale, license or other distribution, up to 500,000 copies.
If there is any doubt that a proposed use is a Permitted Use, you should contact Customer Service for assistance.
Extended licenses
a. Seat Restrictions. The User, and persons employed by or acting as agents under the direction and control of User, may access, download and copy into permanent electronic storage the Content onto one or more personal computers or computer network file servers.
Option 2. Unlimited Reproduction License: Under the Unlimited Reproduction License, the User is granted the rights available under the Basic License, in addition to and as amended by the following rights and uses:
a. Permitted Uses. Subject to the restrictions of this Agreement and the Terms of Use (and any other agreements or policies incorporated therein by reference), User may reproduce, publicly display, make certain works derived from, and distribute the Content for the Permitted Uses set forth below may distribute such works, subject to the following limits:
1. Unlimited copies of advertising and promotional projects, including hard copy printed materials, product packaging, presentations, advertising and promotional film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);
2. Unlimited publications such as books and book covers, magazines, newspapers, editorials, newsletters; and
3. Unlimited Online Display Size: on-line, electronic, and mobile publications and mobile applications, including web pages and advertising and promotional projects, larger than 1200 x 800 pixels.
Option 3: Resale License: Under the Product For Resale License, the User is granted the rights available under the Basic License, in addition to and as amended by the following rights and uses:
a. Non-Paper Products: The following products/merchandise bearing or incorporating licensed Content: mugs, T-shirts and other apparel items, mouse pads, games (electronic, computer and all other media) toys, entertainment goods, framed artwork, or packing for the same, up to 500,000 impressions, for resale or other distribution for profit.
b. Paper Products: The following products/merchandise bearing or incorporating licensed Content in “hard copy” media: posters, calendars, cards, stationery items, stickers, up to 100,000 impressions, for resale or other distribution for profit.
c. Electronic Products: Items in downloadable, electronic or digital format intended for multiple distribution (unlimited copies): screensavers, web site templates, presentation templates, wallpapers, application or other software products and templates, e-greetings, applications (other than games) and Content used on or in connection with mobile devices, including but not limited to mobile telephones and personal digital assistants, for resale or other distribution for profit.
d. Electronic “On Demand” Resale: use the Content in design template applications intendedfor resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; up to 500,000 copies.
e. Physical “On Demand” Resale: use or display the Content on websites or other venues designed to induce or involving the sale or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters, and other items (this includes custom designed websites, up to 100,000 Non-Paper and 500,000 Paper Product copies.
Option 4: Extended Buyer Protection Plan License: Under the Extended Customer Protection License, the User is granted the rights available under the Basic License, in addition to and as amended by the following rights and uses:
a. Limitation of Liability. The references to “TEN THOUSAND ($10,000) US DOLLARS” in Section 12 (Customer Protection Plan) of this Agreement shall be d in their entirety and replaced with “TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS”.
b. Prior Claims. Notwithstanding the User’s obtaining an Extended Customer Protection License, Creartist’s limitation of liability shall not extend beyond $10,000 for any actual or threatened claim that the User had knowledge of or should have had knowledge of prior to the date Creartist granted the User the Extended Customer Protection License.
c. Date of Effectiveness, usage prior to effectiveness. Notwithstanding the User’s obtaining an Extended Customer Protection License, Creartist’s limitation of liability shall not extend beyond $10,000 for damages/costs or other indemnification obligations for any liability incurred by the User or attributable to usage by the User prior to the date Creartist grantedthe User the Extended Customer Protection License.
4. Prohibited Uses.
Special ethical and legal considerations apply to use of Content that depicts subjects of editorial, news, people, and fine art nature. When using such Content, you are solely responsible for, and will indemnify Creartist for any claims related to or arising from any modifications to or ations of the Content or to the caption information.
You may only use the content for Permitted Uses and not for the “Prohibited Uses” defined below:
i. use the Content for resale, license or other distribution for profit;
ii. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
iii. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
iv. incorporate the Content in any product that results in a resale, re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
v. use the Content in a fashion that is reasonably considered by Creartist as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
vi. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour;
vii. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
viii.remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
ix. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
x. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
xi. use the Content after you have been instructed by Creartist to cease and desist use of the Content;
xii. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
xiii. either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in websites or to broadcast by television, web-cast or theatrical production. (In the event you exceed 500,000
reproductions without written permission from Creartiest, you agree to notify Creartistof same, detailing the precise number of reproductions, on a monthly basis.Creartist shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.); or
xiv. use of the Content for any purpose or activity that is in violation of any local, state, federal or foreign governmental law, rule or ordinance.
a. Additional Software Required.
Content may be downloaded in nate formats. You may select the format from those
available when you select the Content. However, to view and use Content in formats
other than the formats provided by Creartist may require additional software, which
you must obtain from the manufacturer of the software, subject to additional terms
and payment as required by the manufacturer. This software is not included in the
price for the Content.
b. Payment.
Each time you license Content you agree (a) to pay all fees and charges associated with your order and that (b) all such fees and charges and additional amounts (including taxes and late fees, as applicable) will be charged to a credit card or other payment method (Paypal) you have selected from your Account Information, which you supplied when you set up your Creartist User Account. If you want to use a different credit card or
method of payment, you must your credit card information.
c. Cancellations/Refunds.
For Content costing equal to or less than 30 Crearist credits, all orders are final and no cancellations are permitted. For all Content, orders may be cancelled within thirty(30) calendar days from the date of the order for a refund, minus a 3% refund fee. If your original purchase method was via credit card, the refund amount will be credited to your credit card. If your original purchase method was via Creartist Credits, your refunded credits will be reinstated to your account. For any cancellations, you must also pay all service charges, production fees, processing and handling fees and shipping fees (if any). All licenses applicable to the cancellation shall immediate terminate upon cancellation.
All cancellations are final.
d. Ownership and Intellectual Property.
Each Supplier retains all right, title, and interest in and to Content provided by such
Supplier, including all copyrights, patent rights, trademarks, trade secrets, and all
other proprietary rights. No rights in any Content are granted except the licenses
specified in this Agreement. Any right, title or interest arising in any compilation or
derivative work d using the Content will not entitle you to use any Content except as
permitted hereunder. You do not acquire any copyright ownership or equivalent rights
in or to any Content as a result of any license under this Agreement.
e. Term of Agreement
This Agreement is effective until it is terminated. You can terminate this Agreement
by destroying all Content, along with any copies or archives of it or accompanying
materials (if applicable), and ceasing to use the Content for any purpose.
The Agreement also terminates without notice from Creartist if at any time you fail to
comply with any of its terms. Upon termination, you must immediately cease using the
Content and for any purpose; destroy or all copies and archives of the Content or
accompanying materials; and if requested, confirm to Creartist in writing that you have
complied with these requirements.
Creartist reserves the right to elect at a later date to revoke or amend the license
granted by this Agreement and replace the Content with an native for any reason.
Upon notice, sent to the address or contact information provided by you for your
account, the license for the replaced Content immediately terminates for any products
that do not already exist, and this license automatically applies to the replacement
Content. You agree not to use the replaced Contentfor future products and to take
all reasonable steps to discontinue use of the replaced Content.
Upon notice from Creartist, or upon your knowledge that any Content is subject to
a threatened, potential or actual claim of infringement of another's right for which
Creartist may be liable or alleged to be liable, you must immediately and at your
own expense stop using the Content; or remove the Content from your premises,
computer systems and storage (electronic or physical); and ensure that your clients,
printers or ISPs do likewise. Creartist shall provide you with replacement Content
(which shall be determined by Creartist in its reasonable commercial judgment) free
of charge, but subject to the other terms and conditions of this Agreement.
f. Creartist Representations and Warranties
Creartist warrants that to the best of its knowledge, your use of the Content in
accordance with this Agreement and in the form delivered by Creartist will not
infringe on any copyright, moral right, trademark or other intellectual property
right and will not violate any right of privacy or right of publicity; and all necessary
model and/or property releases for use of the Content in the manner authorized
under this Agreement have been obtained.
While Creartist has made reasonable efforts to correctly categorize and keyword the
Content, Creartist does not warrant the accuracy of such information OTHER THAN AS
EXPRESSLY PROVIDED HEREIN, THE CONTENT IS PROVIDED “AS IS” WITHOUT
REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. CREARTIST DOES NOT REPRESENT
OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT
ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD
THE CONTENT PROVE DEFECTIVE, YOU (AND NOT CREARTIST) ASSUME THE
ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
g. Indemnification and Limitation of Liability
Provided that the Content is only used in accordance with this Agreement and you are
not otherwise in breach of this Agreement and as your sole and non-exclusive remedy for
breach of the representations and warranties set forth herein, Creartist and the
Supplier shall, subject to the terms of Sections 11(b),(c),(d) and (e) defend, indemnify
and hold harmless you, your parent, subsidiaries and affiliates and respective directors,
officers and employees from all damages, liabilities and expenses (including
reasonable outside legal fees), arising out of or connected with any actual or
threatened lawsuit, claim or legal proceeding alleging that the possession, distribution
or use of the Content by you is in breach of the representations and warranties set forth
in Section 4 above. The foregoing states Creartist’s entire indemnification obligation
under this Agreement.
The indemnification set forth above is conditioned upon your prompt notification in
writing to Creartist of such claim and our right to assume the handling, settlement or
defense of any claim or litigation. You agree to cooperate with Creartistand/or the
applicable Supplier of content, in the defense of any such claim or litigation and shall
have the right to participate in such litigation at your sole expense. Creartist shall not
be liable for legal fees and other costs incurred prior to the notice of the claim.
IN NO EVENT SHALL CREARTIST OR ANY OF ITS AFFILIATES OR SUPPLIERS OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS,
PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING
DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY
CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING
UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR
USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT,
OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR
OTHERWISE OR IN EQUITY. NO ACTION, REGARDLESS OF FORM OR NATURE,
ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF
YOU MORE THAN TWO(2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE.
NOTWITHSTANDING ANY OTHER TERM HEREIN, CREARTIST SHALL NOT BE
LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF
MODIFCATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH
THE CONTENT IS USED BY YOU.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE TOTAL
MAXIMUM AGGREGATE LIABILITY OF CREARTIST’S UNDER THIS AGREEMENT
AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE
SAME CONTENT, REGARDLESS OF THE FILE SIZE, OR THE USE OR
EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER
WHATSOEVER AND THE OBLIGATION OF CREARTIST’S HEREUNDER SHALL
BE LIMITED TO AN AGGREGATE OF TEN THOUSAND DOLLARS ($10,000.00) US
DOLLARS. FOR GREATER CLARITY, CREARTIST’S LIABILITY TO YOU IN
RESPECT OF THE CONTENT SHALL NOT EXCEED TEN THOUSAND DOLLARS
($10,000.00) US DOLLARS REGARDLESS OF THE NUMBER OF TIMES THAT YOU
LICENSE THE SAME CONTENT FROM CREART.
You agree to indemnify, defend Creartist, its affiliates, its Suppliers and their respective
directors, officers, employees, shareholders, partners and agents (collectively, the
“CreartistParties”) harmless from and against any and all claims, liability, losses,
damages, costs and expenses (including reasonable legal fees on a solicitor and client
basis) incurred by any Creartist Party as a result of or in connection with any breach or
alleged breach by you or anyone acting on your behalf of any of the terms of this
Agreement or any other agreement you have with the Creartist Parties. The foregoing
indemnification shall survive termination of this agreement.
h. Customer Protection Plan: Creartist’s Customer Protection Plan comes with free
coverage up to $10,000. We make sure that each image from our carefully selected
contributors meets our high standards of quality and has the required model and real
property owner releases. If you would like extra coverage, you can add the Extended
Customer Protection Plan to your order. With the extended plan, you receive up to
$250,000 coverage if a claim is made against your use of Creartist content (as long
as you stick to the terms of the User License Agreement).
i. General Provisions
You specifically agree and acknowledge that you have, in addition to the terms
of this Agreement, reviewed the terms of the Terms of Use and any other
agreements which may be incorporated by reference therein, and to the extent
of their incorporation in this Agreement you agree to be bound by them.
Creartist’s failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement is personal to you and is not assignable by you without Creartist’s
prior written consent. Creartist may assign this Agreement without your consent to
any other party so long as such party agrees to be bound by its terms.
If all or part of any provision of this Agreement is wholly or partially unenforceable,
the parties or, in the event the parties are unable to agree, a court of competent
jurisdiction, shall put in place of such whole or part provision an enforceable
provision or provisions, that as nearly as possible reflects the terms of the
unenforceable whole or part provision.
You agree to pay and be responsible for any and all sales taxes, use taxes, value
added taxes and duties imposed by any jurisdiction as a result of the license
granted to you, or of your use of the Content, pursuant to this Agreement.
This Agreement shall in all respects be interpreted, enforced, and governed by
and under the laws of the State of New York.
Any action to enforce this Agreement shall be brought in a Court of competent
jurisdiction in the State of New York and all parties expressly consent to venue
in New York State.
If Creartist is obligated to go to court to enforce any of its rights hereunder, you
agree to reimburse Creartist for its legal fees, costs and disbursements if Creartist
is successful.
j. Releases and Clearances.
Except with respect to releases of models and real property as expressly provided
for herein, the rights granted you under this license do not include a license to, and
Creartist Parties make no representations or warranties that it owns or licenses any
rights related to or in any persons, places, property (real, personal or of any other
kind) or subject matter (including underlying works protected by copyright or viewable
trademarks) depicted in any Content. All Content may be subject to copyrights,
trademarks, rights of publicity, moral rights, property rights or other rights belonging
to another party. Notwithstanding any release purported to exist with respect to such
Content, you are solely responsible for determining whether your use of any Content
requires the consent of any other party or the license of any additional rights, and you
may not rely on the information provided on the Site. You are solely responsible for
obtaining any and all releases and clearances as may be required, including without
limitation (a) rights from any representative guild, , professional organization, or other
authorized representative; and (b) if any music is included in the Content, master use,
synchronization and performance licenses from the copyright proprietors of the
applicable master recording(s) and composition(s) and such other persons, firms or
associations, societies or corporations as may own or control the performing rights
thereto. You understand that you are responsible for consulting with competent legal
counsel prior to using Content on or in connection with any goods or services or for
any commercial purposes.
k. Unauthorized Uses.
Without limitation, Content may not be used as or as part of a trademark or service
mark, or for any pornographic use, unlawful purpose or use, or to defame any
person, or to violate any person’s right of privacy, publicity or moral rights, or to
infringe upon any copyright, trade name or trademark of any person or entity. You
do not acquire, and will not claim, any rights (trademark, copyright or otherwise)
in the Content itself apart from the limited license granted. Even under Option 2,
User may not use Content in any product, merchandise or service where the
Content may be accessed or used apart from the product, merchandise or service.
Unauthorized use of Content constitutes infringement of copyright and other applicable
rights and will entitle Contributor to exercise all rights and remedies under applicable
copyright and other laws, including monetary damages against all users and
beneficiaries of the use of such Content.
l. Electronic Signature.
YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ORDER ANY
CONTENT, SUBMIT ACCOUNT INFORMATION OR CONDUCT ANY OTHER
TRANSACTION IN CONNECTION WITH THE SITE OR CONTENT, EACH SUCH
TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND
BY THE TERMS OF THIS AGREEMENT AND THE TERMS OF USE.
m. Security.
The Content may be protected from unauthorized access and use by digital rights
management technology. You agree not to circumvent or attempt to circumvent any
such technologies. The service used to access and download/purchase a license
to the Content uses a security technology to protect your digital information and your
use of the service is limited by the technology and the Terms of Use, which is subject
to change from time to time as provided in the Terms of Use. Any violation or attempt
to violate any security components of the service may result in civil or criminal liability.
n. Privacy.
Your use of the Site and your information (including your Account Information) is
subject to Creartist Privacy Policy.
o. Survival.
The terms of this Agreement will survive termination of the license granted hereunder.
p. Contact
If you have concerns relating to this Agreement, please contact Creartist at:
customerservice@creartist.com
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT,
AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO
AGREEING TO IT. IN CONSIDERATION OF CREARTIST AGREEING TO PROVIDE THE
CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND NON-EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND CREARTIST, WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATION BETWEEN YOU AND CREARTIST RELATING TO THE
SUBJECT OF THIS AGREEMENT.
© Creartist LLC 2010. All rights reserved.
