Standard End User Agreement
This Agreement is between Zigguart di F.M., owner and operator of www.Zigguart.com (hereafter also known as ‘ZigguArt’, ‘we’ or ‘us’) and the user (‘You’ or ‘User’) who downloads images (defined as available photos, vector illustrations, graphics, video, fonts and all other downloadable content) (hereafter also known as ‘Image’ or ‘Content’) from this website. Standard Zigguart subscribers may download the image purchased at maximum resolution.
You have agreed to be bound by the Terms and Conditions of this Agreement and by downloading any of the Content from us You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
THIS IS A SINGLE SEAT LICENSE. IT ALLOWS ONE USER TO DOWNLOAD AND USE IMAGES. Your username and password are to be used only by you. (Each person requiring access to Zigguart Websites must have his/her own username and password.
By this Agreement, we grant you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein:
A. YOU MAY, subject to any restrictions set out below:
- Use the image only for personal purpose printing it in clothing, artwork, magnets, posters, and paper greeting cards (up to 15 copies);
- Use the downloaded image indefinitely (subject to clause E. iv).
B. YOU MAY NOT:
- Use the images as a part of commercial or advertisement purposes in magazines and newspapers or as a design elements for a video game or CD-ROM.
- Use the images online in electronic publications, social media or websites, website template or software product.
- Use the images as part of marketing, advertising, or promotional materials, including print advertisements, mailers, handouts, and packaging.
- Use the images for any forms of vehicle livery and signage.
- Use the images in published editorial features in any media (including newspapers, books and periodicals).
- Use the images as design elements in video, film, or television broadcasts.
- Use in merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards.
- Use the images in emails, ebooks and on social media.
- Use the images for any other purposes except the ones stated at paragraph A. “YOU MAY”.
- Create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
- Use or permit the use of the Image(s) or any part there of as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
- Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason. Uploading any Image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image.
- Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity.
- Use any Image(s) except as expressly permitted by this License or reproduce any Image (in whole or in part) more than fifteen (15). For details of extended licences contact us [info@zigguart.com].
- You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
- You agree not to use or display any Image on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, prints, wallpaper, artwork and other items.
- You agree not to create a digital or print greeting card line based on the Images – or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale.
- You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights – [contact us] for further details.
C. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
D. WARRANTY:
ZigguArt warrants that:
- It has all necessary rights and authority to enter into and perform this Agreement;
- The Image/s (excluding any User modifications), will not infringe on any copyright or moral right, trademark or other intellectual property right and will not violate any right of privacy.
E. INDEMNIFICATION:
(I) Provided Licensed Material is only used in accordance with this Agreement and that Zigguart shall be informed of any impending action and have sole control of the defence of any such claim or action and all negotiations for its settlement or compromise (so long as it does not require You to admit liability or infringement alleged) and that You cooperate fully with Zigguart in its defence of the claim, Zigguart shall, subject to the terms of Section 7 (i), defend, indemnify and hold harmless You the User and its parent, subsidiaries and its respective officers, directors and employees from damages, liabilities and expenses, arising out of or connected with any actual lawsuit or legal proceeding alleging that Zigguart Image is in breach of its warranties set forth in Section D above. The total maximum aggregate liability of Zigguart under this Agreement and any other agreement with Zigguart; regardless of the file size, or the use of any Image/s in any manner, shall be limited to an aggregate of ten thousand ($10,000) US dollars. Zigguart’s liability to you in respect of the content shall not exceed ten thousand ($10,000) US dollars.
(II) EXCEPT FOR THE EXPRESS WARRANTY STATED IN Section 6 ABOVE, THE IMAGES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
(III) You shall defend, indemnify and hold harmless Zigguart di F.M. and its respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs), arising out of or as a result of claims by third parties relating to Your use of any Image/s outside the terms of this Agreement or any other actual or alleged breach by User of this Agreement.
(IV) On demand You shall cease to use any disputed Image/s and Zigguart will replace the withdrawn Image/s with one of equal or superior quality.
F. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of Italy. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
Conditions of Use
The Zigguart Shop is completely dedicated to your total satisfaction. If you have any suggestions or comments please contact us here [info@zigguart.com].
With the purchase of one Image you are able to download that Image in all JPEG sizes, vector images available.
Terms of Business
- EU residents pay the VAT inclusive price (VAT at appropriate rate, currently 22%) unless an EU VAT number is provided.
- Payment accepted by credit/debit card, bank transfer/draft, postal/money order, Paypal or cash. Personal cheques over €1,000 and business cheques take up to 14 days to clear. Express clearance available at a small charge.
- Clients paying ’on invoice’ have up to 30 days to settle their account.
- Prices and specifications subject to change without notice. Minor specification variations do not entitle the purchaser to rescind the contract. Prices may change because of currency fluctuations.
5. If part of these terms is found to be unlawful, it shall not affect the validity of the remainder.
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