CONTENT USE AGREEMENT
This Agreement outlines the terms under which clients of Dogworks Art are granted the rights to utilize the digital content provided by Dogworks Art via the website located at https://dogworksart.com (referred to as the “Site”). This Content License Agreement complements the Terms of Use applicable to the Site and applies to all individuals downloading content from the Site. Should there be any discrepancies between this Agreement and the Terms of Use (both of which are incorporated herein by reference), the provisions of this Agreement shall take precedence.
1. Background of Agreement
(a) By downloading content from this Site, you acknowledge acceptance of this Agreement and agree to comply with its terms. If you do not agree with these conditions, refrain from downloading the Content.
(b) (i) “you” or “Client” refers to the individual downloading the content, (ii) “Dogworks Art” or “we” denotes Dogworks Art, the operator of the Site; and (iii) “Content” encompasses any photographic image, illustration, animation, film, video footage, or any digital media or materials downloaded from the Site.
2. Downloading Terms
We grant you a perpetual, non-exclusive, non-transferable, worldwide license to utilize the Content solely for the Permitted Uses (as defined below). Activities or uses not classified as Permitted Uses are prohibited. All rights associated with the Content, including copyright and other intellectual property rights, remain with Dogworks Art.
3. Permitted Uses
(a) The Content is strictly for personal use on your personal devices. To clarify, you may not use the Content for resale, licensing, or any distribution. For instance, you cannot superficially alter the Content, print it on merchandise such as t-shirts or posters, or sell it to others. Such actions would be considered a violation of copyright.
(b) Usage Restrictions. The Content is for your personal use only, although you may transfer files among your personal devices (e.g., phone, tablet, laptop, or desktop). Each file may only be installed and used in one location at a time, but there is no time restriction on its use. You may physically transfer the Content between personal devices. If you need the Content accessible in multiple locations or by more than one person, you must download it from the Site for each instance. You are allowed to make a single backup copy of the Content.
(c) Any additional uses must receive prior written approval from Dogworks Art. If you're uncertain whether a specific use qualifies as a Permitted Use, please consult Dogworks Art for clarification.
4. Standard License Prohibitions
(a) Prohibited Uses. You are prohibited from engaging in any activities with the Content that are not explicitly permitted in the preceding section. Specifically, the following are classified as “Prohibited Uses”:
- Utilizing the Content in design templates intended for resale, whether online or offline, including but not limited to website templates, business cards, electronic greeting cards, and brochures.
- Incorporating the Content in advertising and promotional material that is not for resale or licensing, including printed materials, product packaging, presentations, and commercials.
- Displaying the Content on any platforms designed to promote the sale or distribution of “on demand” products.
- Using the Content in entertainment applications, including books, magazines, and newsletters.
- Creating posters or any items for resale, licensing, or distribution for profit using the Content.
- Using the Content as part of a trademark, service mark, or logo.
- Incorporating the Content in products that allow for redistribution or reuse, making it accessible as an electronic file.
- Utilizing the Content in any manner deemed obscene, immoral, or defamatory by Dogworks Art or under applicable law.
- Removing copyright or trademark notices embedded in the Content.
- Sub-licensing, reselling, renting, lending, or otherwise distributing the Content or the rights granted under this Agreement.
- Using the Content in more than one location simultaneously or posting it on a network server for others to access.
- Displaying the Content in an electronic format that enables downloading or sharing through peer-to-peer networks.
- Using Content labeled “Editorial Use Only” for commercial or promotional purposes.
6. Terms of Agreement
(a) This Agreement remains in effect until terminated. You may terminate it by destroying the Content and any copies or archives, ceasing all use of the Content. The Agreement may also be terminated without notice if you fail to comply with its terms. Upon termination, you must immediately cease using the Content and destroy all copies.
(b) Dogworks Art reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
(c) Upon notice from Dogworks Art, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Dogworks Art may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Dogworks Art shall provide you with replacement Content (which shall be determined by Dogworks Art in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
7. Representations and Warranties
(a) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, Dogworks Art does not warrant the accuracy of such information. Additionally, Dogworks Art does not warrant the accuracy of any metadata that may be provided with the Content.
(b) The content is provided "As Is" without any representations, warranties, or conditions of any kind, whether express or implied. this includes, but is not limited to, implied representations, warranties, or conditions of merchantability or fitness for a particular purpose. Dogworks art does not assure that the content will meet your requirements or that its use will be disruption-free or without errors. You accept all risks associated with the quality and performance of the content. Should any defects be identified, you (and not dogworks art) will be liable for any costs and efforts needed to rectify them.
8. General Provisions
(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
(b) Dogworks Art’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement is personal to you and is not assignable by you without Dogworks Art’s prior written consent.
(d) The parties have agreed that this Agreement and all related documents be drawn up in English.
9. Contact
If you have concerns relating to this Agreement, please contact Dogworks Art at https://dogworksart.com.
10. Acknowledgement
By reading this agreement, you confirm that you fully understand its contents. In exchange for Dogworks Art providing the requested content, you agree to abide by the terms and conditions outlined herein. Additionally, you acknowledge that this document represents the entire and exclusive agreement between you and Dogworks Art, overriding any previous proposals or agreements, whether verbal or written, as well as any other communications regarding the matters addressed in this agreement.
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