Clipart Lic|TOS PDF Print E-mail
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Monday, 05 July 2010 20:53

CLIPART TERMS OF SERVICE ("TOS")
SINGLE USER STANDARD LICENSE

Dear Bluebrad Subscriber:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and Bluebrad. ("Bluebrad"). Please read this agreement carefully before downloading any Bluebrad Images and/or content ("Image" or "Images"). By downloading any Image, you agree to be bound by the terms of this agreement, the Bluebrad Privacy Statement and Bluebrad's Website Terms of Use, which documents are incorporated herein and made a part hereof by this reference. Bluebrad reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If and when changes are made to these Terms of Service an announcement will appear on your login page. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not download or use any Images. If the use you are contemplating is not permitted by this license agreement, please review our Enhanced License which contains fewer restrictions on the use of Images. Please note that Images downloaded as part of your Standard License subscription may only be used in compliance with these Standard License TOS even if you also subscribe to the Enhanced License service. To obtain the right to use an Image(s) pursuant to the Enhanced License, you must download that Image(s) as part of your Enhanced License subscription. Your failure to comply with the terms hereof could result in the immediate termination of your account.
Please note: If your subscription was active prior to the changes in these TOS, your use of Images will be controlled by the TOS in effect at the time your Bluebrad subscription commenced. Your use of Images downloaded during a billing cycle that commences after the effective date hereof will be controlled by these TOS. Conversely, the use of any Images downloaded during a billing cycle that commenced prior to this change in the TOS will be governed by the TOS in effect during the subject billing cycle. Click here to view the earlier TOS.
Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than two times.

Graphics Terms Of Use

YOU MAY
use the graphics and artwork for your personal or non-commercial projects in any way you like.
to share it with others (but please keep the Terms Of Use file intact).

YOU CANNOT
claim ownership of the graphics
sell them to third parties (please inform us if you see this product being sold)
bundle them and offer them toghether with your products as a free gift

RECOMMENDED
It's highly recomended that you give credits back To Bluebrad. How can you do that? If you use it for your projects, you can mention it in your blogs, websites, emails...etc. Thanks in advance!

PART I
LIMITED LICENSE

  1. All Images on the Bluebrad website are protected by United States and international copyright laws and treaties. Bluebrad and/or the various artists who provide content and/or Images to Bluebrad ("Submitters") own all rights, including the copyrights in and to the Images. Bluebrad and/or its Submitters reserve all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to Bluebrad for your use of the Images. If you fail to make any payment to Bluebrad when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and Bluebrad), you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and Bluebrad's costs of collection, bank charges and credit card processing fees are received by Bluebrad no later than fifteen (15) days from the date that your account became delinquent.
  2. By this Agreement, Bluebrad grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
    1. On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
    2. As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
    3. As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
       
    4. As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold;
    5. In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from unsolicited email and no Image may be reproduced or used more than (2) times;
    6. On letterhead and business cards, pamphlets, brochures, catalogs and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than (2) times in the aggregate;
    7. In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed Two (2) copies in the aggregate;
    8. Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software and further provided that the manufacturing or duplication run(s)of such software (including downloads of such software) does not exceed Two (2) copies in the aggregate;
    9. In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where the intended audience will consist of fewer than two (2) viewers;
    10. In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed Two (2) copies in the aggregate;
    11. As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed Two (2) copies in the aggregate;
    12. As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed Two (2) copies in the aggregate;
    13. In eBooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than Two (2) in the aggregate; and
    14. As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and further provided that the print or manufacturing run(s) of such posters does not exceed Two (2) copies in the aggregate.
    15. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Bluebrad or its Submitter(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
    16. All other rights in the Images are expressly reserved by Bluebrad for itself and its Submitters.

PART II
RESTRICTIONS

YOU MAY NOT:
  1. Use an Image other than as specified in PART I.
  2. Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part) more than Two (2) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.
  3. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
  4. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Bluebrad, Bluebrad shall defend, indemnify, and hold you harmless up to the "Limits of Liability" (as hereinafter defined). Such indemnification shall only apply to claims for damages directly attributable to Bluebrad's breach of the foregoing warranties and representations, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any actual or threatened lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of Images downloaded and used by you pursuant to these TOS violate Bluebrad's warranties contained herein. This indemnification is conditioned upon you notifying Bluebrad, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., Bluebrad Image Number, a copy of the Image as used, name and contact information of person and/or entity making the claim, nature and date of alleged claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be faxed to Bluebrad at 1-646-786-4782 with a hard copy to Bluebrad , 60 Broad Street, 30th Floor, New York, New York, 10004, Attention: General Counsel, via Certified Mail, Return Receipt Requested, or overnight courier, recipient's signature required. Bluebrad shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Bluebrad in the defense of any such claim and shall have the right to participate in any litigation at your own expense. Bluebrad shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.

Credit Attributions and Copyright Notices for Editorial Uses of Images
You shall provide a link back to www.Bluebrad.com (where applicable) -or- provide a credit to the Bluebrad contributor and to Bluebrad in connection with the editorial use of any Image. Such credit shall be in substantially the following form: "Name of Artist/Bluebrad.com"
b)
In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the Bluebrad contributor and Bluebrad a credit as provided above.
c)
The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that Subscriber cures such omission following email notice from Bluebrad.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH Bluebrad, Bluebrad SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO Bluebrad'S OTHER RIGHTS AT LAW AND/OR EQUITY. Bluebrad SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 26 HEREOF, IN NO EVENT, SHALL Bluebrad'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 Bluebrad WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY Bluebrad FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S). NEITHER Bluebrad NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL 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 IMAGE(S), Bluebrad'S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF Bluebrad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL Bluebrad'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 Bluebrad WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING Bluebrad, Bluebrad WILL PROMPTLY FILE A COMPLAINT WITH www.ic3.gov, THE INTERNET CRIME COMPLAINT CENTER, A PARTNERSHIP BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE NATIONAL WHITE COLLAR CRIME CENTER.
Last Updated on Monday, 15 May 2017 06:16
 

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