Welcome to www.deniseanne.com (the “Site”), a website operated by Denise Anne Palmer, LLC (“Denise Anne Palmer, LLC”, “us”, “our”, and “we”). We provide the Site and services provided through the Site (“Services”) including an online shop of digital graphic resources.
This license agreement (“Agreement”) covers your use of graphic resources made available in our collections (“Item” or “Items”). Through this Agreement, we license use of the Items to you on the terms of this Agreement. We do not sell the Items to you. Rather, we, or our licensors, remain the owners of the Items at all times.
Intellectual Property Rights
All Items available on the Site are protected by United States and international copyright laws and treaties. You acknowledge that all intellectual property rights in the Items anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Items are licensed (not sold) to you, and that you have no rights in, or to, the Items other than the right to use them in accordance with the terms of this Agreement.
Copyrights to all designs remain our property. Unless you have a commercial license, the designs are licensed to you only for personal use as a single user, not for resale, exchange, or commercial distribution. You may never falsely represent that any Item was created by you or a person other than the copyright holder(s) of Items.
We take the protection of our copyrights and other intellectual property rights very seriously. If we discover that you have used our copyright materials in violation of this Agreement, we are entitled to bring legal proceedings against you. During such a proceeding, we have the right to seek monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay attorney’s fees.
Due to the increasing frequency of trademark registration applications and infringement allegations, you are responsible for researching trademarks on all items created to sale with our designs. You agree not to hold us responsible for any trademark infringements resulting from items you created with our designs.
Grant and Scope of Licenses
In consideration of payment of an agreed fee and you agreeing to comply with the terms of this Agreement, we grant to you a non-exclusive, non-transferable license to use, modify and reproduce the Items royalty-free worldwide, in perpetuity, as expressly permitted by this Agreement and subject to the terms set forth in this Agreement.
Under this Agreement, you agree to keep all copies of Items secure and to maintain accurate and up-to-date records of the number and locations of all copies of Items. If you are a business, you also agree to supervise and control use of the Items and ensure that the Items are used by your employees and representatives in accordance with the terms of this Agreement.
Our Services may offer Items as a part of a subscription membership. Licenses associated with Items purchased during your membership period are granted in perpetuity and are not withdrawn upon cancellation or termination of membership.
There are additional restrictions based on the type of license you purchase.
Under our Standard License, you may use a purchased Item in a new product you create (“End Product”) as long as the End Product meets the following requirements. End Products must be significantly different than the original Item, and End Products must not directly compete with the original Item.
All purchased Items may be used in an unlimited number of personal use projects, or End Products that you offer without selling.
Under the Standard License, you may use purchased Items to create End Products for sale, but such sales cannot exceed 500 units. This applies whether the End Product is a digital design or a physical item. If you purchase an item under a Standard License and create an End Product that exceeds 500 sales, then you are required to purchase either another Standard License or an Extended License.
You may modify or manipulate the Item or incorporate it into other content and make a derivative work from it. An End Product cannot be a mere distribution of the Item as stock, in a tool or template, with source files. You may not sublicense, resell, share, transfer, or otherwise redistribute the Item, without incorporating it into an End Product, under any circumstances, not even for free. We will retain all right, title, and ownership in the Item, however, and the resulting derivative work is subject to the terms of this Standard License. For any Items that we sell as templates or themes, you may not resell as a stock template or theme.
Under the Standard Plan, you agree not to publicly display the Item as a standalone file in any digital format on the internet or in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You are required to take all commercially reasonable steps to prevent third parties from accessing or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify us via email at the email address provided below.
If you purchase an Extended License, you can use Items in any manner permitted under the Standard License, pursuant to the obligations and restrictions stated in this Agreement.
Additionally, under the Extended License, there is no 500 unit limit. You may use Items to create End Products that may be sold an unlimited number of times.
Exclusivity Options (Available Only on Custom Illustration Jobs)
If you purchase an exclusivity option on custom illustration work Item, the following terms will apply:
- Option 1: Limited Exclusivity Option. The exclusivity option will allow you to use the Item exclusively for a set period of time. You would have the option to renew the exclusivity term for the license before it expires. If you no longer wanted exclusivity on the license, then it will expire, and the designs would be resold and available for other companies to license the artwork.
- Option 2: Perpetual Exclusivity Option. You would maintain exclusivity in perpetuity. The Item may be used on any End Products for sale, and in an unlimited capacity. The Item would remain exclusive to you but is not transferable if your business is sold. This means that we will not RESELL the Item to any other company.
The exclusivity options outlined here do not prevent someone from illegally copying the work. All of our artwork is protected by copyright law, and if it is ever the case that someone uses the licensed artwork illegally, please contact us at the email below.
License for Free Items for Commercial Use
We may offer Items for free on our Site. Items downloaded for free may be used under the terms mentioned under this Agreement, with a single additional restriction: the maximum amount of units in any form — digital or physical — is limited to 500 units.
License for Free Items for Personal Use Only
Unless our Item descriptions for free Items allow for commercial use expressly, then Items may only be used for personal use.
Editorial Use Only License
We may offer editorial use only licenses on our Site. Items marked as “for editorial use only“ may be used in a newspaper article or a magazine, but they not be used for promotional projects of any kind.
The Items, or parts thereof, are not to be used in or as a logo or as a trademark or service mark. Images may not be used for pornographic, criminal, reputation-damaging, or humiliating purposes. Any retouch or image editing of the Items must not damage the reputation of the photographer, designer, or model. Upon our request, you must immediately remove the Item from any unauthorized location or use, including an unauthorized social media platform or website.
You agree to indemnify us and keep us indemnified against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of your breach of any terms applicable to your use of the Items.
You may terminate this Agreement at any time. There will be no refund for any unused Items.
We may suspend and/or terminate this Agreement and your right to use the Items immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
Upon termination for any reason, all rights granted to you under this Agreement will cease. You must immediately cease all activities authorized by this Agreement and delete all copies of the Items. You must immediately pay to us any sums due to us under this Agreement.
If any condition in this Agreement requires you to give us notice in writing, you can send this to us by email at email@example.com. We will confirm receipt of this by contacting you by email.
If we have to contact you or give you notice in writing, we will do so by email.
Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website or twenty-four (24) hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
This Agreement was last updated on June 11, 2018.