Royalty-Free End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF ANY PRODUCT OR SERVICE OF ILLUSTRATOONS.
Illustratoons End User License Agreement (EULA or the “Agreement”)
This Agreement is between Illustratoons, conducting business or transactions through and as illustratoons.com and the user (“You”) who downloads Content (as defined below) from any of the website. You may not allow anyone else to use your username or password.
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from Illustratoons, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
Illustratoons represents to the best of its knowledge that it owns all rights or has all requisite authority, including all copyrights, in and to the Content, or, is authorized to allow You to access, acquire, and use Content under the Terms and Conditions of this Agreement. The copyright and all other rights of the Content shall remain with illustratoons.com
Terms and Conditions of Use
You agree to access, acquire, and use the Content under the following Terms and Conditions:
1. These Terms and Conditions constitute a legal Agreement between You and Illustratoons.
2. Illustratoons grants You a nonexclusive, nontransferable license to use, reproduce, modify, publish, display, and distribute the Content according to the Terms and Conditions of this Agreement.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via Illustratoons, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
(a) as a part of commercial or advertisement purposes in magazines and newspapers.
(b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
(c) as part of marketing, advertising, or promotional materials, including print ads, mailers, handouts and packaging of promotional materials.
(d) in connection with your business or entity, example: corporate identity documents, and letterhead.
(e) as decor in an office, lobby, or public area, restaurant, or retail store.
(f) in a PowerPoint presentation provided that a reasonably prominent statement is included on the same page as the Content as follows: “Certain images and/or photos on this page are the copyrighted property of Illustratoons and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from Illustratoons.”
(g) as design elements in video, film, or television broadcasts; and / or
(h) If the Content is to be used in an Editorial publication such as (but not restricted to) magazines, newspapers, textbooks, eBooks, printed material, online or multimedia CDs, Illustratoons grants You a nonexclusive, nontransferable license to use, reproduce, publish, display, and distribute the Content up to 250,000 copies in aggregate (for quantities above this amount, you must purchase the Extended License version for the Content) according to the Terms and Conditions set forth in Section 3 hereof.
4. You may NOT:
(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;
(b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;
(c) share Content across a network or service, on a CD or DVD or any media, or in any other way that enables Content to be accessed by any third party (subject to the provisions in this Agreement), downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
(d) under any circumstances, use automated or programmatic means or methods to download Content;
(e) use Content in any logo or part of any trademark;
(f) under any circumstances, use Content in connection with any pornographic, obscene, immoral, defamatory or illegal materials; endorsement of product(s); sensitive mental/health/other similar aspect of contexts or subjects; and / or
(g) use Content as a part of a physical item, software or template that is to be resold.
5. You understand that Content is copyrighted and any unauthorized use by you may be an infringement of such copyright.
6. You understand and agree that Illustratoons may, in its sole discretion,
(a) monitor anything you download from or upload to the Illustratoons website, as frequently as Illustratoons in its sole discretion determines, for any violation of this Agreement,
(b) track any abuse of your username and password in connection with the Illustratoons website or sites or in connection with this Agreement,
(c) terminate your account immediately if we detect you are using, or are trying to use any automated means to download content,
(d) terminate your account, without notice, if it finds what Illustratoons believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you lose all rights to Illustratoons, must immediately delete all Content acquired from Illustratoons, and forfeit all fees paid.
7. Illustratoons and the Content are made available to you “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.” Illustratoons, its employees, directors, and officers, and anyone else associated with Illustratoons disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement, or that your usage of Illustratoons will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. Illustratoons, its employees and officers, and anyone else acting on behalf of Illustratoons also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. Illustratoons, its employees, directors, and officers, and anyone acting on behalf of Illustratoons make no representation or warranty as to your right to use any individual’s name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual.
(a) You understand and acknowledge that neither Illustratoons, its employees, directors, and officers, nor anyone acting on behalf of the Illustratoons website or sites has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and
(b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
8. In no event will Illustratoons, its employees, directors, and officers, or anyone else associated with Illustratoons be liable for any indirect, special, incidental, economic, or consequential damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Content, even if Illustratoons has been advised of the possibility of such damages. In no event will the liability of Illustratoons, its employees, or related parties exceed the amount paid by you for accessing or using Illustratoons and for accessing, acquiring, and/or using Content from Illustratoons. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. You represent and warrant that:
(a) you are at least 18 years of age and have the right to enter into this Agreement;
(b) you will not use the Content in any way that is not permitted by this Agreement;
(c) your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
(d) the information you provide to Illustratoons is accurate and true, including, without limitation, all credit card information.
(e) the download, upload or use in any way of any content, Content or information which is uploaded by You onto Illustratoons (the “Uploads”) does not infringe upon the copyright, trademark or any intellectual or proprietary property right of Illustratoons or third party other than Illustratoons and that You are the full owner of the Uploads and all rights vested in the Uploads without any encumbrance or fetter to such rights; and
(f) any account(s) opened or maintained by You on Illustratoons or the Sites will only be accessed and used by You for the purposes and on terms and conditions stipulated on the Sites and in this Agreement, and You shall ensure that no person other than You shall have access to or use your account(s) or password(s) to such account(s).
10. INDEMNITY. You agree to fully defend and indemnify Illustratoons, its employees, directors, and officers, and anyone else associated with Illustratoons, and each of their successors, license, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising in connection with Your use of the Content and this Site or of any breach or alleged breach or of any falsity, inaccuracy or misrepresentation of any representation, warranty, or other promise made by You in this Agreement.
11. This Agreement constitutes the entire agreement between You and Illustratoons regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions. Failure by Illustratoons to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
12. Any person or entity who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
You have agreed and reaffirm your agreement to conduct this transaction electronically