DESIGN USAGE AGREEMENT – PERSONAL
By purchasing artwork and designs (the “Designs”) from Koriclark.com (the “Designer”), you are agreeing to be bound by the terms and conditions of this agreement. If you have questions about permissible uses of the Designs, please email Designer at [email protected].
If you purchase designs with a personal license, you are allowed to use the Designs as specified in this DESIGN USAGE AGREEMENT – PERSONAL section. If you are using the Designs in connection with any type of business, the proper license is a commercial license (See Below).
Your purchase entitles you to a limited use license to use the Designs in a personal, non-commercial manner. A “license” means that you do not own the Designs (copyright ownership is maintained exclusively by Koriclark.com), but you are entitled to use the Designs as follows:
The Designs may be used on up to three (3) computers for personal projects, such as scrapbooking, party invitations and personal blogs.
You may not use the Designs in a commercial manner, which includes use of the Designs in connection with any business or in any manner that involves the sale of the Designs or the sale of other items that include or incorporate the Designs.
For each online use of the Designs, you must credit Koriclark.com.
The Designs may only be used by you as the purchaser, and you may not sell or transfer the Designs to any other person or business (this includes a prohibition against letting friends use the Designs for any reason), with the exception that you may provide the Designs to a professional designer that you hire to create invitations, cards or other similar items for your personal use, so long as you inform the designer of the limitations on the use of the Designs (i.e. the designer cannot resell the items created for you, or any other items using the Designs, and any online use of the Designs, such as displaying the items created using the Designs, must credit Koriclark.com).
The term of your license to use the Designs is perpetual, unless revoked by Designer following misuse of the Designs.
Should you use the Designs in a manner constituting commercial use, you shall be responsible for immediate payment of the difference between the personal use license fee and the commercial use license fee.
Your purchase of the Designs does not include technical assistance with respect to the use of the Designs.
Your use of the Designs shall be in good taste and shall not harm the reputation of Designer, including, but not limited to, a restriction on the use of the Designs in connection with any illegal business or activity or use in any product or design that is defamatory toward or infringes upon the rights of any person or business.
Additional Provisions:
All purchases of Designs are non-refundable.
These terms and conditions constitute the entire agreement between you and Designer and supersede any other communication between you and Designer, including emails and telephone conversations. Any modifications to the terms of this agreement must be in writing and signed by you and Designer.
The failure of Designer to require strict compliance with the performance of any obligations and/or conditions of this agreement shall not be deemed a waiver of Designer’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this agreement.
Should you become aware of any copyright infringement of the Designs by any third party, such as another person or business using or selling the items created by you that incorporate the Designs, please promptly contact Designer. Designer will then take such action as necessary to protect the rights of Designer, and you agree to provide reasonable assistance and/or cooperation to Designer, if necessary.
Designer’s maximum total liability for any claims, breaches or damages in connection with this agreement shall be limited to the fees paid by you for the Designs. You agree that Designer shall not be liable for any claims for punitive damages, emotional distress, mental anguish, consequential damages, lost profit, loss of enjoyment, lost revenues and/or replacement costs. You shall be responsible for indemnifying, defending and holding Designer harmless for any third party claims, damages or causes of action arising out of or related to your use of the Designs, including, but not limited to, claims for copyright and trademark infringement.
Should you fail to comply with these terms and conditions, Designer may terminate your license to use the Designs, and you will also be subject to legal penalties and/or any other remedy available to Designer. You shall be responsible for all costs incurred by Designer to enforce these rights, including attorneys’ fees, collection fees and/or court costs. In the event of any dispute related to the Designs, you understand and agree that all disputes are subject to the laws of the state of Florida, and any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Manatee County, Florida.
This license is personal to you, and you shall not sell, transfer, lease, sublicense or assign this agreement or rights and interests hereunder to any party without the prior written consent of Designer.
YOUR PURCHASE AND USE OF THE DESIGNS SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE. SHOULD YOU HAVE QUESTIONS ABOUT PERMISSIBLE USES OF THE DESIGNS, PLEASE EMAIL [email protected].
DESIGN USAGE AGREEMENT – COMMERCIAL
By purchasing artwork and designs (the “Designs”) from Koriclark.com (the “Designer”), you are agreeing to be bound by the terms and conditions of this agreement. If you have questions about permissible uses of the Designs, please email Designer at [email protected].
You are purchasing a commercial, limited use license to use the Designs as within this section, titled DESIGN USAGE AGREEMENT – COMMERCIAL . A “license” means that you do not own the Designs (copyright ownership is maintained exclusively by Koriclark.com), but you are entitled to use the Designs as follows:
Your use of the Designs must have a transformative effect of some kind on the Designs; transformative use means that you create another design or item that uses or incorporates the Designs, such as a card, invitation or digital download like a computer screensaver or wallpaper. You may not re-sell the Designs in whole, as purchased, to other persons or businesses. Should you purchase a package or bundle of individual Designs, you may not sell or transfer the entire package or bundle of Designs to any person or business.
So long as the use of the Designs is transformative, you are free to redistribute the items your create using the Designs, either for free or for profit. You may, but are not required to, credit Kori Clark and/or Koriclark.com for the Designs.
You may not sublicense the Designs to any person or business. It is your responsibility to inform end users or purchasers of the items you create using the Designs that they are not entitled to re-sell or commercially use the Designs to create any additional items without purchasing their own personal or commercial use license from Koriclark.com.
The term of your license to use the Designs is perpetual, unless revoked by Designer following misuse of the Designs.
Your purchase of the Designs does not include technical assistance with respect to the use of the Designs.
Your license does not constitute any kind of partnership, joint venture or other similar business relationship with Designer. You are not entitled to advertise your products and designs as a co-branded item with Kori Clark Designs or Koriclark.com. Any use of the “Kori Clark Designs” or “Koriclark.com” trademarks other than a small copyright notice or other attribution shall require the express written permission of Designer.
Your use of the Designs shall be in good taste and shall not harm the reputation of Designer, including, but not limited to, a restriction on the use of the Designs in connection with any illegal business or activity or use in any product or design that is defamatory toward or infringes upon the rights of any person or business.
Additional Provisions:
All purchases of Designs are non-refundable.
These terms and conditions constitute the entire agreement between you and Designer and supersede any other communication between you and Designer, including emails and telephone conversations. Any modifications to the terms of this agreement must be in writing and signed by you and Designer.
The failure of Designer to require strict compliance with the performance of any obligations and/or conditions of this agreement shall not be deemed a waiver of Designer’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this agreement.
Should you become aware of any copyright infringement of the Designs by any third party, such as another person or business using or selling the items created by you that incorporate the Designs, please promptly contact Designer. Designer will then take such action as necessary to protect the rights of Designer, and you agree to provide reasonable assistance and/or cooperation to Designer, if necessary.
Designer’s maximum total liability for any claims, breaches or damages in connection with this agreement shall be limited to the fees paid by you for the Designs. You agree that Designer shall not be liable for any claims for punitive damages, emotional distress, mental anguish, consequential damages, lost profit, loss of enjoyment, lost revenues and/or replacement costs. You shall be responsible for indemnifying, defending and holding Designer harmless for any third party claims, damages or causes of action arising out of or related to your use of the Designs, including, but not limited to, claims for copyright and trademark infringement.
Should you fail to comply with these terms and conditions, Designer may terminate your license to use the Designs, and you will also be subject to legal penalties and/or any other remedy available to Designer. You shall be responsible for all costs incurred by Designer to enforce these rights, including attorneys’ fees, collection fees and/or court costs. In the event of any dispute related to the Designs, you understand and agree that all disputes are subject to the laws of the state of Florida, and any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Manatee County, Florida.
This license is personal to you and your business and you shall not sell, transfer, lease, sublicense or assign this agreement or rights and interests hereunder to any party, by operation of law or otherwise, without the prior written consent of Designer.
YOUR PURCHASE AND USE OF THE DESIGNS SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE. SHOULD YOU HAVE QUESTIONS ABOUT PERMISSIBLE USES OF THE DESIGNS, PLEASE EMAIL [email protected].
