Royalty-Free, Non-exclusive End User License Agreement for Licensor Art by Andy Nortnik, LLC/DBA Colorado Storefront For CD ROMs and Digital Downloads
COMMERCIAL/RESALE DIGITAL GOODS USE
[Image uses may include (with PAID Subscription), but are not limited to: Print-On-Demand stores like Zazzle, CafePress, Etsy, redbubble, Polyvore, web designers who profit from design services & sell web templates including MySpace layout designers, digitized embroidery pattern resellers, eBay store template resellers, software developers, game developers, etc. Perfect for those companies who offer their customers online personalization of e-greetings, screen printed and digital direct-to-print T-shirts, hats, mugs, rubber stamps, etc. Basically any company that needs access to mass volumes of Royalty-Free clip art images for themselves or their customers. MyClipArt.biz is one of the few Clip Art websites that allows use of our clip art to be used in Zazzle, CafePress and other Print-On-Demand store products! You'll have access to THOUSANDS of images which includes EVERY image at http://www.myclipart.biz/illustrations/view_all! If you are an online content provider like a clip art company this license is not applicable to you, but you can email me with questions or to request me to be a contributor.
1. The Licensee DOES NOT need to include the Artist's copyright statement with every image, but does agree to post the following statement (and links whenever possible) wherever the Artist's images are made available, such as the Home Page of the Licensee's store, on the Licensee's usage agreement, on marketing materials, packaging, company website, and so forth:
All images and collections are 100% Royalty-Free. Images may be used after
the collection payment is received and AFTER the COMMERCIAL/RESALE DIGITAL
GOODS license subscription payment is received. No further payments, fees
or royalties are required other than the monthly subscription payment.
With your paid subscription you will automatically be subscribed to the
"Art By Andy Nortnik, LLC" newsletter (which you can Unsubscribe from
receiving easily) which will keep you up to date with our latest clip
This license subscription is non-exclusive, nontransferable, and non-sublicenseable.
7. The Artist Andy Nortnik reserves the right to make changes to the End User Agreement at any time and without prior notice.
8. Please read below for the remaining legal terms and conditions of usage.
To use and/or purchase my art constitutes your complete acceptance to the terms and conditions stated in this agreement. All of my images are copyright protected under United States and International laws. The Artist shall retain all copyrights in and to the images. The purchase of my images does not constitute a transfer of copyrights from Art by Andy Nortnik, LLC to the purchaser.
Agreement: Entered into between Art by Andy Nortnik, LLC (hereinafter referred to as the "Illustrator", "Licensor" or "Artist"), located at 484 Quartz Circle, Bailey, CO 80421 and Purchaser of the image or image collection (hereinafter referred to as the "Licensee", "buyer" or "purchaser").
Subject to the terms and conditions hereof, the Artist hereby grants the Licensee a non-exclusive, nontransferable, non-sublicenseable, WORLDWIDE right and license to USE THE IMAGES during the term of this Agreement. This agreement is NOT a transfer of copyrights nor is it a buyout of these images. The IMAGES are licensed and not sold.
Refund & Exchange Policy for licenses, subscriptions & clip art: Refunds for clip art collections will be treated as exchanges only. I will be happy to exchange any collection with ONE new duplicate collection if you find that any image, file or the product in general is defective in any way. Also, it is the customer's responsibility to make sure the file formats indicated clearly on each Product Page are file formats that are compatible with the customer's computer, software and operating system BEFORE they purchase the collection. This includes but is not limited to decompressing the .zip "zipped" [compressed] folder files. For more information visit Winzip [PC/Windows users] or Stuffit Expander [Mac users]. Payments for Licenses and Subscriptions are nonrefundable.
This Agreement may be terminated at any time by the Licensor if the Licensor
feels the agreement has been breached or image(s) have been used or manipulated
in an obscene, rude or any other manner deemed inappropriate by Licensor.
The Licensee has the option of termination ONLY
after the required 3 month LICENSE SUBSCRIPTION term has ended. Cancellation
instructions are in the Subscription Email Confirmation. In the
event of Termination, the Licensee's obligations are as follows:
Limitation of Liability and Indemnification: The Artist will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with the download and/or use of the purchased product. You agree to defend, indemnify and hold the Artist, and each of their successors, licensees and assigns) free and harmless from any and all claims, liabilities, costs, losses, damages or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement. The Licensee shall hold the Illustrator harmless from and against any loss, expense, or damage occasioned by any claim, demand, suit, or recovery against the Illustrator arising out of the use of the Image for the Licensed Products.
Nature of Contract: Nothing herein shall be construed to constitute the parties hereto joint ventures, nor shall any similar relationship be deemed to exist between them. The licensor reserves the right to transfer or assign this agreement to any new entity or corporation formed by and or for Andy Nortnik/DBA Colorado Storefront.
Governing Law: This Agreement shall be construed in accordance with the laws of the State of Colorado; Licensee consents to the jurisdiction of the courts of the State of Colorado.
Modification: I may modify or terminate any of the terms and conditions contained in this Agreement, at any time and at my sole discretion, without prior notice. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations, whether written or oral. Please check this page for the latest updates.
Resolving Disputes: Any controversy or dispute arising out of this Agreement shall be governed by the laws of the State of Colorado. The parties consent to jurisdiction over them in the Colorado Circuit Court in and for Park County, Colorado, waive any claim or defense that such forum is not convenient and consent to service of process by any means authorized by Colorado law. In any dispute between the parties, the prevailing party will be entitled to recovery of attorney's fees, costs, expenses and expert witnesses' fees arising from any and all litigation through the trial stage and through any appellate stage. Art by Andy Nortnik, LLC's liability to you shall in no event exceed the refunding of the cost of the product or replacement of the product at Art by Andy Nortnik's sole discretion.
Term of the Agreement: This agreement shall commence as of purchasing date of the image or collection and shall remain in force until terminated only by the Licensor.
All rights not expressly granted herein are reserved by Art by Andy Nortnik, LLC/DBA Colorado Storefront. If you have any questions, or if this agreement is not clear in any way please contact me BEFORE you make a purchase and I'll be happy to address your questions. Thank you.
© 2009 Art by Andy Nortnik, LLC/DBA Colorado Storefront