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:
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.