Digital Art Agreement
When you purchase Digital Content from Kitty Kitty Designs LLC hereby known as ("Urban Stitch Press"), you AGREE to accept the terms and conditions of this license agreement ("this agreement") to access and use Urban Stitch Press Digital Content ("Digital Content"). By accessing and using any Digital Content, you are agreeing to be bound by the terms of this agreement. Carefully read all the terms and conditions set forth below before accessing or using any Digital Content.
By acquiring Digital Content, you have acquired from Kitty Kitty Designs LLC, hereby known as ("Urban Stitch Press"), a license to use the Digital Content in accordance with the terms and conditions of this Agreement (the "License"). By accessing Digital Content, you agree to use it solely as provided in this Agreement and to comply with all of the terms and conditions of this Agreement.
Upon accepting the terms of this Agreement, Urban Stitch Press grants to you a non-exclusive, non-assignable, non-transferable, non-sublicenseable, commercial and personal license to use Urban Stitch Press Digital Content as follows:
- Load Digital Content into temporary memory or into a permanent storage device, solely for your corporate artistic and personal use in accordance with this Agreement.
- Transfer Digital Content from one computer to another.
- Submit work product created with Digital Content to magazines, blogs, and online galleries with proper credit given to Urban Stitch Press or its Licensor or Licensors.
- Use work product to create custom apparel, and accessories for individual clients for compensation, provided that the client only receives end user items in the form of printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and/or flattened .jpeg images printed either electronically or on flat paper for work approval bids.
- Use Digital Content to create and sell custom work products, including “for hire” work products, to design your own products for personal use, but always subject to the following restrictions:
- FOR DIGITAL TEMPLATES: Your work product must be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text or graphics,
- Your end work product must be in the form of stitched or pressed/printed apparel or accessories on fabric, wood, glass, acrylic, metal materials, and
- Your end work product may not include digital files that contain individual elements of Urban Stitch Press Digital Content, such as images, that have not been substantially modified
You May Not:
- Sell, lease, assign, transfer, sublicense, disseminate, modify, translate, duplicate, reproduce, or copy electronic files containing Urban Stitch Press Digital Content or permit the same.
- Repackage or redistribute any Digital Content electronic files for any reason.
- Load Urban Stitch Press Digital Content onto a network server.
- Use any part of Digital Content as part of or associated with any trademark, service mark, logo, or other design in which you establish or claim any commercial, personal, or other rights.
- Use any part of Digital Content, or any alteration or modification of the same, in any way that is defamatory, pornographic, obscene, libelous, fraudulent, or unlawful.
- Remove or obscure any copyright notices associated with Digital Content.
- Claim any portion of Digital Content or any modification of Digital Content as your own.
- Create, use, sell, license, sublicense, distribute, or transfer to anyone any derivative work from Digital Content, including templates.
- Use Digital Content for any purpose other than is specifically permitted in this Agreement.
Your End Work Product Must:
- FOR TEMPLATES: Be substantially modified and personalized by the inclusion of photographs, other images, and/or journaling text,
- Be in the form of stitched, printed, or pressed apparel or accessories on fabric, wood, glass, acrylic, metal materials.
Your End Work Product Must Not:
- Include files that contain individual elements of Digital Content, such as images, that have not been substantially modified.
- Contain Digital Content other than is specifically authorized in this End-User License Agreement is strictly prohibited. Urban Stitch Press will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses or the prohibited uses described above.
Any use of Urban Stitch Press Digital Content other than is specifically authorized in the End-User License Agreement is strictly prohibited. Urban Stitch Press will have the right to determine, in its sole discretion, whether a use is within the scope of the permitted uses of the prohibited uses described above.
You acknowledge that the Digital Content belongs to Urban Stitch Press or its Licensor or Licensors, and that Urban Stitch Press or its Licensor or Licensors retain all right, title, and interest in and to the Digital Content not expressly granted under this Agreement, including, without limitation, all copyrights.
You may alter or modify any of the Digital Content images as necessary for your intended and permitted use as authorized in this Agreement. However, if any such alteration or modification constitutes a derivative work, you acknowledge and agree that you made such derivative work for Urban Stitch Press and/or its Licensor or Licensors and that all rights associated with such derivative work will be owned solely by Urban Stitch Press and/or its Licensor or Licensors. In addition, to the extent that any rights to any derivative work are not automatically deemed to be owned by Urban Stitch Press and/or its Licensors, you hereby assign and transfer to Urban Stitch Press and/or its Licensor or Licensors all right, title and interest in such derivative work.
THE URBAN STITCH PRESS DIGITAL CONTENT IS PROVIDED BY URBAN STITCH PRESS "AS IS." URBAN STITCH PRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED, OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, URBAN STITCH PRESS DISCLAIMS ANY WARRANTY THAT THE URBAN STITCH PRESS DIGITAL CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Urban Stitch Press and its licensors will not be liable for damages of any kind, including general, direct, special, incidental, and consequential damages, resulting from, or arising out of your possession or use of the Urban Stitch Press Digital Content (including data loss or corruption), regardless of whether such liability is based in tort, contract, or otherwise. If the foregoing limitation is held to be unenforceable, the maximum liability to you will not exceed the amount of the license fees paid by you for the Urban Stitch Press Digital Content.
The laws of some jurisdictions do not permit some warranty disclaimers or limitation of liability. You may have other rights that vary by jurisdiction.
This Agreement and performance under this Agreement will in all respects be governed by and construed in accordance with the laws of the State of Arkansas, U.S.A., without regard to conflict of laws principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not be applied to this Agreement. You agree that the proper venue for all actions arising in connection with this Agreement will be deemed proper in state court in Faulkner County, Arkansas, or in the federal court for the Eastern District of Arkansas, and you agree to submit to such venue and jurisdiction. You hereby waive personal service.
Commercial Art licenses are available upon request. Please contact us for terms and pricing.