This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and downloading items, Licensee has read the entire License Agreement and agrees to the terms herein.
THIS IS A BINDING LEGAL AGREEMENT regarding the Licensed Asset, media files, textures, illustrations, fonts, templates, and the design(s) of the art embodied within (collectively, the “Licensed Asset”) that you are downloading or purchasing from GhostlyPixels LLC, for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the Licensed Asset. Please thoroughly and carefully read through this Agreement before purchasing, downloading, installing and/or using the Licensed Asset, ANY OF WHICH SHALL INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
Upon receipt by GhostlyPixels LLC of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Licensed Asset in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by
GhostlyPixels LLC, and must incorporate this Agreement by reference.
1. INTELLECTUAL PROPERTY
All digital content available on ghostlypixels.com, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties.
The Licensed Asset licensed under this Agreement is supplied to you by GhostlyPixels LLC for USAGE ONLY, and remains the intellectual property of GhostlyPixels LLC.
2. RIGHTS RESERVED
The Licensed Asset is licensed—not sold—to you by GhostlyPixels LLC and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Licensed Asset itself. All copies of the Licensed Asset downloaded or installed, including copies of any Licensed Asset that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of GhostlyPixels LLC. The Licensed Asset and the design embodied therein are the exclusive property of GhostlyPixels LLC and are protected under both domestic and international copyright, trademark and unfair competition laws.
GhostlyPixels LLC reserves all rights not expressly granted to you under this Agreement.
- 3.1 All refund requests must be submitted in writing within thirty (30) days of purchase. If you are not completely satisfied with your purchase for any reason, contact us within thirty (30) days of your purchase for a full refund.
- 3.2 Refunds may not be requested for Licensed Assets that are used in completed projects. Usage of Licensed Asset in completed projects indicates satisfaction with the Licensed Asset.
4. PERMITTED USES, BOTH COMMERCIAL USE AND NON-COMMERCIAL
- ✔ 4.1 Physical end products offered for sale such as apparel, product packaging, art-prints, posters, greeting-cards, etc (up to 250,000 units).
- ✔ 4.2 Creating finished physical artwork or finished physical products for sale on print-on-demand sites.
- ✔ 4.3 Print and digital publishing projects including e-books, book covers, magazines, editorial illustrations and picture books.
- ✔ 4.4 Social media content for personal, company and client use.
- ✔ 4.5 Branding, logos, stationery, posters and signage.
- ✔ 4.6 Music packaging in physical and digital formats.
- ✔ 4.7 Video advertising (up to 500,000 lifetime views). Use in broadcast, film and streaming content (up to 500,000 lifetime views).
- ✔ 4.8 Print and outdoor advertising (local & national campaigns).
- ✔ 4.9 Website design elements.
Additional usage limits requires a customs license. Contact us.
5. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights:
- ✘ 5.1 Distribution via any physical or internet-connected storage device, cloud service, website, or file-sharing website either for free or payment is strictly prohibited.
- ✘ 5.2 Creation of digital stock illustration, photography, textures, or other stock assets either for free or payment is strictly prohibited.
- ✘ 5.3 Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file(s) (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
- ✘ 5.4 Sub-licensing, resale, sharing, transfer or redistribution either for free or payment is strictly prohibited.
- ✘ 5.5 Reverse-engineering and/or use of a GhostlyPixels LLC product to create a digital product or asset offered for free or for sale is strictly prohibited.
- ✘ 5.6 Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
- ✘ 5.7 Usage of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited
6. USES REQUIRING A CUSTOM LICENSE
- 6.1 Use by organizations or subsidiaries thereof with annual revenue of more than $250 million USD.
- 6.2 Global or international print advertising campaigns.
- 6.3 Embedding in create-on-demand or design-it-yourself software or services.
- 6.4 Any use over the limits described in the Allowed Uses section above.
7. NUMBER OF END-USERS AND DEVICES
- 7.1 Use of the Licensed Asset is explicitly limited to the quantity selected at the time of purchase. An additional license (product quantity) must be purchased for each additional User of the Licensed Asset.
- 7.2 You must purchase an additional product quantity to license each user who will install or use the Licensed Asset. Each user can install or use the Licensed Asset on up to three devices (e.g., an office desktop plus a laptop plus a tablet), providing that the Licensed Asset is used only by the same user on both devices.
- 7.3 If you are a company purchasing a multi-user license (by purchasing additional product quantities) for your employees, your employees must use the Licensed Asset subject to the terms of this Agreement. You must notify all employees who will use the Licensed Asset of the terms and conditions of this Agreement, and you are responsible for any misuse of the Graphic Asset(s) by your employees.
8. ASSET MANAGEMENT
You are permitted to keep a single backup copy of the Licensed Asset in a private cloud location, locally on a desktop, laptop or mobile device, or on a studio server provided you are the only party who maintains or has access to this backup copy.
9. USE BY LARGE BUSINESSES, CORPORATIONS, AND LEGAL ENTITIES
Companies, organizations, and employees thereof generating more than $250 million USD annual revenue are not permitted to use the Licensed Asset without purchasing an Custom License. <.p>
Need a custom license or additional usage limits? Contact us.
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Licensed Asset, at the discretion of GhostlyPixels LLC, and certify that no copy remains in your possession or control.
11. COMPLIANCE WITH LAWS
You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Licensed Asset. The Licensed Asset and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.
12. DISCLAIMER OF WARRANTIES
LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GHOSTLYPIXELS LLC HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMIT OF LIABILITY
IN NO EVENT WILL GHOSTLYPIXELS LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF GHOSTLYPIXELS LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Licensee agrees to defend, indemnify and hold harmless the GhostlyPixels LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors 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.
15. GOVERNING LAW
This Agreement will be governed by the laws of the State of Texas (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within Texas selected by GhostlyPixels LLC for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.