End User Licence Agreement
In return for your payment of the fees outlined on our site or otherwise invoiced to you, we hereby grant you a non-exclusive, non-transferable license to use the content and the products (the “License”) provided you are the end –user customer. Licensed products include (a) pre-designed electronic template documents that you may modify on our server prior to downloading (each a “Template Design”); and (b) in-design electronic documents prepared by us for your download and customisation and may be packaged with additional content (each an “In-Design Product”); (c) logo designs; (d) print collateral materials ordered via the site; (e) digital marketing material; and (f) any other products or services offered by our subconstractor(s) (collectively “Products”). This License to use is limited to your use of the Products for advertising, marketing or promotional purposes. The License includes your right to download, display, store, copy or print a Product (including packaged Content in connection with an In-Design Product) or supply or distribute a Product through any media now known but only for the uses permitted by these terms. If you are purchasing the licensed product on behalf of a customer, only the customer obtains these rights under the license. You must purchase a separate license to use the products for each customer.
Other than in respect of those In-Designs Products, you are strictly prohibited from any resale or any other commercial exploitation of the Products. Except as permitted by this EULA, no other extraction, download, retention, use, publication or distribution of a Product or any Content is authorised or permitted. Obtaining Products from us does not entitle you to use any portion of the Content as apart from the finished Product except to the extent included with an In-Design Product.
Any use of the Site, Content and/or Products not expressly authorised by this EULA or in breach of its terms constitutes infringement of copyright and other intellectual property rights entitling us and our Licensors to exercise all rights and remedies available to it or them under any jurisdiction in the world.
Pornographic, defamatory or otherwise unlawful use of Content or Products is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter.
You may not use any Content featuring a model or property in a manner that would be unflattering or unduly controversial to a reasonable person without stating that (i) they are being used for illustrative purposes only; and (ii) any person depicted in the Licensed Materials is a model. You must also comply with any applicable laws or industry codes. Content or Products shall not be incorporated into a logo, trade mark or service mark belonging to, the property of or registered by any third party. You may not falsely represent, expressly or impliedly, that you are the original creator or author of any Content or Product or that you have any other right, title or interest in the Site, Content or Products. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Products.
The logo design tools provided on this Site use a limited number of design elements, including fonts, colour schemes and design effects. You acknowledge that all of these design elements are available to all users of the Site and no use by you of any of these design elements shall be exclusive to you. You do not obtain any right or claim to any of the individual logo/design elements through your creation of a logo/design and/or your incorporation of your logo/design into one or more Products. Other customers may use the design tools to create logos that have similarities to the logos that you create. You are prohibited from registering as a trademark any logo or design created by using this Site or any Product, nor shall you use any logo/design (or any goodwill incorporated therein) to prevent any other person from using this Site or our Products to create and/use similar or identical logos or designs. We provide no warranty of any kind that a logo or design created by use of this Site will not infringe or be subject to the claim of infringing any trademark or other rights of another party. It is your responsibility to determine whether any logo or design is legally available for your use and does not infringe the rights of any third party.
Other than rights granted to you by the License or content you submit in connection with modifying, combining or altering any Product as authorised by this agreement (“Submissions”) (a) we and our Licensors retain all intellectual property rights in the Site, Content and Products and (b) nothing in this EULA grants to you any intellectual property rights in the Site, the Content and/or Products. For the purposes of this clause, “intellectual property rights” refers to copyright, trademarks, patents, design, sui generis rights, database rights and all rights of a similar nature, whether registered or un-registered and all applications for same, wherever in the world arising.
If you upload or otherwise transmit any images, designs, templates, fonts, text, graphics or other material, including, without limitation, trademarks, names or likenesses or works protected by copyright you will only submit Submissions that you own or have permission to submit from the owner, in which case you will provide us upon request with a copy of a written consent from the owner; and your Submission constitutes a waiver of the right to privacy or publicity of the owner of the Submission, trademarks, copyrights and any other third party rights with respect to the Submission.
By submitting your Submission, you agree to indemnify and hold our subcontractor(s) and its/their funders, successors, corporate parents, subsidiaries, affiliates, officers, directors, agents, developers, joint ventures, networks, distributors and attorneys (the “Affiliated Entities”) harmless for any and all claims, damages, losses, and causes of action (including without limitation attorney’s fees) arising as a result of your Submissions, or your violation or claimed violation of any law or rights of a third party.