If there are any questions regarding this agreement, you may contact me using the information below.
last edited 2020-05-13
IF THERE ARE ANY QUESTIONS REGARDING THIS AGREEMENT, YOU MAY CONTACT ME USING THE INFORMATION BELOW.
last edited 2020-05-13
Because of the nature of digital products, I am unable to offer refunds of any kind. Please be sure that a product is right for you before purchasing.
All designs and illustrations are now and until the end of time copyrighted by Lauren Rich Creative (dba One Nine Design Co).
You are not permitted to resell, redistribute, or claim any of my designs or illustrations as your own. Lauren Rich Creative remains the owner of all designs, illustrations, and graphics included in the template designs and illustration packs. If you'd like information on obtaining a license to any third party graphics used in a template please email me at email@example.com
Other designers and illustrators are not permitted to claim my designs or illustrations as their own or promote any part of them as original work.
Using My Showit templates as the basis for a new custom website design is expressly forbidden. Moreover, template site credits must remain active at all times, including when working with another designer for customization. Example: "Site Design by Lauren Rich Creative" (links to http://laurenrichcreative.com/).
All photographs included in my Showit templates are 100% free stock photos from Unsplash.
commercial license agreement
This License Agreement contains key legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms without limitation.
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital product (“Licensed Asset”) created by One Nine Design Co LLC dba Lauren Rich Creative. (“Licensor”) and purchased by Licensee.
1. License Agreement Parties and Users
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
(b) One Nine Design Co LLC dba Lauren Rich Creative. (“Licensor”).
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users allowed to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users selected and paid for at the time of purchase. If Licensee requires additional users, additional licenses to the Licensed Asset must be purchased.
2. Asset Management
Licensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only.
3. Commercial & Non-Commercial Use
This License Agreement permits Non-commercial use and Commercial use of the Licensed Asset, as explicitly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. Usage & Quantity Limitations
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below. Any End Use for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce and (iii) not derive its primary value from the Licensed Asset itself.
4.1 - End Products
YES Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
YES Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.
YES Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use or Non-commercial use.
YES Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial use or Non-commercial use.
Quantity Limitations on End Products for Commercial Use: No more than 5,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Please email lauren@laurenrichcreative for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - Social Media, Marketing, and Advertisements
YES Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), one (1) personal or individual social media accounts for Non-commercial use.
YES Company Social Media for Commercial Use: If applicable (e.g., to a business), one (1) Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.
YES Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local Markets. “Local Market” means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country.
YES Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.
Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).
4.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content
YES Broadcast and Streaming: Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audio visual works, including advertisements, is permitted for Commercial use and Non-commercial use.
Quantity Limitations on Broadcast and Streaming: No more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.
5. Prohibited Usage
5.1 - End Products
NO On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
NO Physical (Printed) Advertisements for Commercial Use In National Markets or Global Markets is prohibited: “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country
5.3 - Digital Development
NO Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.4 - Trademark and Copyright
NO Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact firstname.lastname@example.org for a custom license if these rights are needed.
NO Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
5.5 - Future Technologies
NO The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. Strictly Prohibited Usage
6.1 - NO Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - NO Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).
6.3 - NO Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
6.4 - NO Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - NO Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - NO Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
7. Sub-Licensing to Third Parties
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sub-licensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sub-licensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
8.1 - When credit is required: All editorial use requires a credit; however for non-editorial use a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits
8.2 - How to provide credit: “[Licensed asset] copyright Lauren Rich Creative”
9.1 - Intellectual Property
The Licensed Asset, is protected by United States and international copyright and other laws and treaties. One Nine Design Co LLC dba Lauren Rich Creative retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non sub-licensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and Licensor are reserved by the Licensor. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
9.2 - Termination
Licensor may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Licensor, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Licensor in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Licensor’s request, Licensee agrees to remove any content from such platform or website.
9.3 - Audit
Upon reasonable notice, Licensee agrees to provide to Licensor sample copies of projects or end uses that contain Licensed Asset, including by providing Licensor with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Licensor may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Licensor of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Licensor the amount of the underpayment and any other remedies to which Licensor is entitled, you also agree to reimburse Licensor for the costs of conducting the audit.
9.4 - Warranties Disclaimer
Licensee's use of the licensed asset is at licensee's own risk. The Licensed Asset is provided on an "as-is" basis, without any warranties of any kind.
9.5 - Limitation on Liability
In no event whatsoever will Licensor be liable for damage of any kind.
9.6 - Indemnification
Licensee agrees to defend, indemnify and hold harmless the Licensor and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.
9.7 - Limitation on Time to File Claims
To the maximum extent permitted by law, any claim relating to the licensed asset or this agreement must be commenced with one (1) year after the cause of the claim occurs. Thereafter, such claim is permanently barred.
9.8 - Choice of Law and Forum
All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia and County of Effingham although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
9.9 - Entire Agreement
This License Agreement constitutes the sole and entire agreement between Licensee and Licensor with respect to the Licensed Asset and supersedes all prior agreements in any form.
9.10 - Modifications
Licensor may modify this License Agreement by posting an updated version on the shop site. The then current version of the License Agreement posted at the time of purchase shall apply to purchases.
© 2016-2020 | Lauren Rich Creative | All Rights Reserved