This agreement is between Marina Markizova, conducting transactions through and as MarMarClipart.com and the user (“You”) who downloads images, digital and watercolor illustrations, vector images without additional royalties (‘Content’) from MarMarClipart.com. By downloading any of the Content from MarMarClipart.com, You acknowledge that You have read, understood, and accepted the Terms and Conditions of this Agreement.
MarMarClipart.com represents that it owns all rights and has all requisite authority, including all copyrights, in and to the Content, and is entitled to implement content licensing in accordance with the terms of the License. The Content licensed to You, unaltered, contains no infringement of intellectual property rights and privacy rights of any third party. The copyright of the Content shall remain with MarMarClipart.com
Licensee statement. You represent and warrant that:
• you are at least 18 years of age and have the right to enter into this Agreement;
• you will not use the Content in any way that is not permitted by this Agreement;
• the information you provide to MarMarClipart.com is accurate and true, including, without limitation, all credit card information;
• any account opened or maintained by You on MarMarClipart.com will only be accessed and used by You for the purposes and on terms and conditions stipulated in this Agreement, and You shall ensure that no person other than You shall have access to and use your account and password to your account.
- MarMarClipart.com grants You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable license to use, reproduce, modify, publish and display downloaded Content according to the terms and condition of this Agreement.
Terms and definitions
Content is defined as any image, watercolor illustration or vector clipart owned by marmarclipart.com which have been made available for download on the Site.
Licensed Work means the genuine end-product or end derivative work that has been created, using independent skill and effort and that incorporates the Content and other materials such that Content cannot be separated from the Licensed work.
Reproduction means any form of copying or publication of the whole or a part of any Content by whatever means (which includes distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Content to create a finished derivative product (the Licensed Work).
Standalone Content means the Content in an unaltered form in its original appearance, in which it was downloaded from the site, including the same Content, but in a different resolution.
Important role means that the Content used will be an integral or central part of Licensed Works and will significantly increase the value of Your Licensed Work.
Extended print license
Use on any printed (non-electronic distribution) materials, merchandise and products for personal use or for resale (such as calendars, T-shirts, posters, or mugs) and on any packaging material for resale up to 30,000 copies in aggregate per license. If it is necessary to use an image with a circulation of more than 30,000 copies in accordance with this subclause, the purchase of a new extended license is required.
Extended eletronic distribution license
• Any use under the terms of the License without limitation of circulation;
• Use in any form of electronic distribution (not in the form of the Standalone Content, but in final form Licensed Work) or goods for personal use or resale, including design elements or constituent elements of e-books, licensed software, website templates, Flash templates and documents, provided that these uses do not allow redistribution or use of the Standalone Content by third parties.
Examples of permitted uses:
include the use, modification, reproduction and / or display of Content in relation to the following Licensed works:
Advertising and marketing
- Promotional materials prepared by graphic designers or agencies for clients using on magazine covers, periodicals, newspapers, reports and other traditional types of print media
- Print and outdoor advertising, advertisements, booklets, flyers, catalogs, promotional material, etc.
- Packaging design: labels, boxes, packaging material for sale and packaging material for products.
- Printed graphics on book covers (front and back)
- Postcards, invitations, posters
- Business cards, printed letterheads, booklets and brochures
- Use of the Content in multimedia presentations such as Powerpoint, provided that the copyright notice is attached to the file: “© MarMarClipart.com”
- As an element of decoration for both home and public interiors, if the Content is used as an element of decoration in public places, restaurant, retail store, office, etc. the following information must be entered: “© Marina Markizova”. Copyright must be indicated in a conspicuous place or clearly and precisely displayed elsewhere.
Websites, social networking sites and applications
- On websites, in video games
- As background and home screen image for software or mobile applications
- Posting and/or uploading the Content to sites and applications of social networks (such as, for example, Facebook, Instagram, Twitter and others), provided that: the use of the Content on these sites and applications of social networks does not imply the transfer of rights to own this Content (including copyright) or any other rights exception of those that were granted to You in accordance with the terms of this License and provided that the copyright notice is attached to the file: “© MarMarClipart.com”
- Photo wallpaper, albums, printed graphics, DIY items and other personal printed graphics
- Personal blogs and other publications (traditional or online), provided that personal publications do not imply transferring to You or any third party publishing (for example, a company that publishes blogs) ownership rights (including copyright) Content rights (either as Standalone Content, derivative or Licensed Work) and provided that the copyright notice is attached to the file: “© MarMarClipart.com”
- Interior decoration elements of a house, office, corridor, cafe, restaurant or retail store
Sublicensing, selling or resale of rights to the License
- The rights specified in the License belong exclusively to You
- You may not transfer any rights to this License to any other third parties
Selling, transferring, licensing, assigning or distributing Standalone Content
- Transfer of the Content to third parties is possible under the contract only in the form of the Licensed Work, transfer of the Standalone Content is strictly prohibited.
- You agree to use all appropriate technology to prevent third parties from extracting or copying the Standalone Content from the Licensed Work.
Violation of intellectual property rights
- Prohibition onmessage of deliberately false authorship information. You may not intentionally misrepresent that you are the author of the Licensed Work in which the Standalone Content plays the Important role. For example, it is forbidden to create a picture on the basis of the exclusively licensed Standalone Content and make a claim of authorship of it.
- With respect to the Standalone Content you may not infringe or misappropriate intellectual property rights.
- You may not remove any copyright notice, reference to the authorships, legal notices, or any intellectual property information contained in the Standalone Content.
Use of personal account
- This Agreement provides for the creation and registration of Single User Accounts only. The transfer of your login and password from your account to third parties is prohibited. Connection of multiple users for simultaneous or sequential access to your Account is prohibited.
- You understand and agree that MarMarClipart.com may, in its sole discretion, track downloads and user activity to ensure compliance with the terms of this agreement. If MarMarClipart.com determines that You have violated this or any other term of the agreement, MarMarClipart.com may terminate access to your account and resort to further legal remedies.
Unlawful extraction of Content
You are not entitled to download the Content from the Site in any other way than those provided by MarMarClipart.com.
Use Content as Logos, Trademarks, or Service Marks
Use the Content as logos, trademarks or service marks, or incorporating Content into logos, trademarks, and service marks is strictly prohibited.
Unlawful use of Content
Use the Content in any way that violates the law, rules or regulations in any territory or country. Use the Content for immoral, offensive, unlawful purposes or defaming the honor and dignity of any person.
This License is valid until terminated. You can terminate this Agreement by doing the following:
- deletion of all Content that you have uploaded in your possession and any Licensed Works, copies and related material; and stop using the Content for any purpose.
- MarMarClipart.com may terminate this Agreement without sending you prior notice if you violate any term of this Agreement. Upon termination, you must immediately comply with the conditions stated above.
You agree that MarMarClipart.com is not liable for any general, penalty, special, incidental or consequential damage or loss of profits or any costs arising from the use or non-use of the Content, even if the parties have been warned of the possibility their occurrence.
THE CONTENT IS MADE AVAILABLE TO YOU “AS IS”, “WITHOUT A GUARANTEE”, AND “WITH ALL FAULTS”, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding anything else in this License, You agree to defend and completely release MarMarClipart.com from legal action (including from third parties) and compensation for any damages, penalties, expenditures, outlays and fix costs, including user fees legal services within reasonable limits and costs incurred in connection with Your use of the Content or any violation, or alleged violation of any warranty or other kind of obligation made by You in accordance with the terms of this License.
Lines of responsibility
- Under no circumstances will MarMarClipart.com’s maximum aggregate liability to You for all claims (in total) exceed the total licensing fees for Your Content.
- The obligations and warranties provided by MarMarClipart.com in accordance with the terms of this Agreement apply only to the Standalone Content in the form in which it was provided to MarMarClipart.com, and will not be effective if the Standalone Content is used by You in any way not specified in this Agreement, as well as if You have violated the terms of this Agreement in any other way.
Settlement of disputes
The rules, eligibility, interpretation and performance of the terms of this License shall be governed by the laws of the Republic of Italy, subject to the established legislation.
All disputes arising from the implementation of the terms of this License shall be resolved through peaceful negotiations. If the parties are unable to resolve the dispute within thirty (30) days from the start of negotiations, the parties undertake to refer the dispute to an international arbitration center.
Transmission of rights
Neither party may transfer its rights or interests under the terms of this Agreement to any Third party without the prior written permission of the other party in each case.
Lack of legal rights for third parties
Any person or entity who is not a party to this Agreement shall have no right whatsoever to enforce this Agreement or any of its terms.
Full version of the Agreement
This Agreement constitutes the entire agreement between You and MarMarClipart.com 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 any party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Preemptive language. This Agreement was originally composed in English. In case of conflict between the English version and another language version, the English version takes precedence.
You have agreed and reaffirm Your agreement to this Agreement electronically by downloading the Content.