Conditions of Use

Royalty-Free Non-Exclusive License Agreement For Images Purchased Through Our Website Prior to February 2016

YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS PRODUCT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

The term “LICENSEE” as used herein means the person or legal entity who has legally acquired a license via a completed purchase from Raspberry Swirls to use the images. If and only if you agree to the following terms and conditions, Raspberry Swirls grants you a non-exclusive license to use the images as described below:

1. Raspberry Swirls reserves the right to change the Terms and Conditions of this agreement, prices and designs without notice. Current Terms and Conditions can be viewed at any time via our website.
2. Your Purchase A completed purchase from our website provides the LICENSEE with access to download images included within each order. Purchases from us grants the LICENSEE a royalty-free non-exclusive license to images downloaded. By downloading images, the LICENSEE acknowledges acceptance of the Conditions of Use.  Purchases are non-refundable and non-transferable.
3. Non-Exclusive License This license conveys soley to the LICENSEE via direct purchase from Raspberry Swirls the non-exclusive, non-transferable rights to reproduce the images for the purposes described below, and remains in effect as long as the LICENSEE continues to comply with the Conditions of Use. Raspberry Swirls expressly retains all rights to the images, including copyright rights. LICENSEE acknowledges that the same images may be licensed concurrently by Raspberry Swirls to others, and Raspberry Swirls makes no representation about whether any such concurrent uses may overlap or conflict with any intended uses by LICENSEE. No license is extended for any of our images which are acquired through a third-party, images fraudulently obtained through our website, or by any other direct or indirect means in which a completed payment was not rendered by the LICENSEE and funds were not received by Raspberry Swirls for the purchase.
4. A non-exclusive license means that all customers have access to the same images, and although you are granted conditional use of the images Raspberry Swirls retains copyright to the images.
5. Permitted Use Of Images
   • Individual Design Set Purchases These designs can be utilized as a fully customized and/or printed product modified by the LICENSEE directly for personal use or for a fully customized and printed product modified by LICENSEE directly for their clients.
   • LICENSEE may display examples of modified/customized designs on their business website at resolutions not exceeding 72 dpi.
   • LICENSEE may modify or alter the Images as reasonably necessary for LICENSEE’s purposes, provided that any such derivative work(s) must also conform to the terms and conditions of this Agreement.
   • Use of sample images for marketing purposes (to generate traffic to your own site), such as an affiliate program, is permitted.
6. Violations
   • LICENSEE may NOT use any component of our graphic design products or site content to produce what could be directly or indirectly considered a competitive venture against us. (you may not resell original images or templates from this site, nor make these images available for purchase via digital media such as CD, via download, or any other format).
   • LICENSEE may not use our images to develop dealerships, distributorships, or drop shipping programs with other businesses or individuals. LICENSEE may only use the images for business purposes to create a fully customized and printed product modified by LICENSEE directly for their own customers. Using these methods essentially grants others the right to indirectly sell images when they have not paid for the right to utilize them, and is prohibited.
   • LICENSEE agrees they will NOT attempt to establish rights to any part of the Images.
   • Designs, style sheets, graphics and code available from our site may NOT be resold, redistributed, disassembled, added to any type of collection, CD or diskette, via email, or other media online or offline, offered for download from any web site, given away, or provided to others in whole or in part to anyone who has not paid us for the right to utilize them, in any manner on any type of media.
   • The images can not be used to create Do-It-Yourself kits, either for download on your site or as pre-printed kits for sale in physical stores such as craft stores/shows.
   • The images can not be modified for resale to other businesses or individuals. The non-exclusive license allows you to use the images for your business to create a personalized and printed product for your clients.
   • You can have an affiliate program where affiliates refer sales directly to your site. You can not offer franchises or distributorships using our designs. This includes any program in which you charge partners a fee or a percentage, allowing them to offer our designs to their customers. All sales must originate from your site and you must do the customization and printing.
   • Bank reversals, stop payments on checks, or any other action which either rescinds payment or results in an incomplete payment will result in revocation of licensing regardless if images have been downloaded.
   • Revocation of licensing means that the individual no longer has legal right to be in possession of or utilize our images for any purposes. If revocation occurs you are required to delete all files obtained from our site or from a third party and cease utilizing them for any purpose. We strictly enforce our copyright through DMCA notification and reserve the right to seek damages.
7. Transfer LICENSEE may not sell, rent, distribute, grant rights, lease, sub-license or lend the images, or any copy thereof, to another person or entity.
8. Raspberry Swirls Retains Copyright The images are owned by Raspberry Swirls and protected by United States Copyright Law and International Treaty provisions.
9. Take Precautions To Prevent Theft Of Images From Your Website LICENSEE agrees to take reasonable measures to protect original images from theft or misuse by a third party or unauthorized user. Images should not be displayed at a resolution greater than 640 x 480 pixels (72 dpi).
10. You Are Responsible For Any Taxes LICENSEE is responsible for and shall pay any and all sales taxes, use taxes, value-added taxes and other levies or duties which may be imposed by any jurisdiction as a result of the license granted under this Agreement and/or LICENSEE’s use of the images.
11. Limitation of Warranty and Indemnification Images are provided “as is” and without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. It is the responsibility of the LICENSEE to make their own determination as to the quality and suitability of the images for their intended purposes. LICENSEE bears all responsibility and risks associated with downloading digital media. UNDER NO CIRCUMSTANCES SHALL Raspberry Swirls BE LIABLE FOR ANY MONEY DAMAGES arising under or in conjunction with this License Agreement, whether as direct damages, consequential or incidental damages, lost profits, or otherwise. You acknowledge, by your use of our website, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with any and all necessary servicing or repairs of any equipment, hardware or software you use in connection with your use of our site, and that Raspberry Swirls shall not be liable for any damages of any kind related to your use of this site.  You agree to defend, indemnify and hold Raspberry Swirls harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this site.
12. Raspberry Swirls is not liable for accessibilty issues arising from the LICENSEE’s hardware and/or software configurations, or congestion, email settings, or network and other system problems on the Internet at large. Liability for interruption of service, malfunction, downtime, off-line situation or other failure of the site or online services due to technical or mechanical failures which are beyond Raspberry Swirls’ reasonable control are limited to an extension of download time equal to the interuption of service.
13. Legal Jurisdiction This Agreement shall be governed by the laws of the State of Virginia.
14. Use Of Images Constitutes Acceptance of Agreement By accepting the images, LICENSEE acknowledges to have read and understood this Agreement, and consents to be bound to its terms.
15. Termination Of License This License shall automatically terminate automatically and without demand or notice upon failure by LICENSEE to comply with its terms. All copyright provisions and restrictions contained herein shall survive termination.