Commercial License for physical and electronic sale and distribution

Licensing Terms and Conditions

This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below ("Licensee") and WordArt.com ("WordArt.com"). This agreement applies to licenses issued via the world wide web and is applicable to online, digital and analog (physical) delivery of Licensed Material.

Last updated: August 26, 2021

  1. Definitions
    1. "Licensed Material" means any digital still image, graphic, visual representation generated optically, electronically, digitally or by any other means including copies, prints, digital files or reproductions thereof of the material. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
  2. Grant of Rights
    1. Licensee has the non-exclusive right to use the Licensed Material in any and all media for the following commercial or personal purposes (together the "Permitted Uses") subject to the restrictions set forth in the Agreement. Any uses other than the Permitted Uses must be approved by WordArt.com in writing.
    2. Permitted Uses include the following:
      • Electronic devices (i.e. computer, iPhone, phones, etc.) software applications, paid smartphone applications;
      • Website, document and flash templates;
      • Screensavers, wallpapers, e-cards;
      • Magazines, newspapers, booklets and covers or interiors of books as a design element;
      • Marketing, advertising, or promotional materials, including print ads, mailers, handouts, and packaging;
      • T-shirts, postcards, mouse pads, coffee mugs, calendars or similar;
      • Along with your corporate identity on business cards, letterhead, etc. Licensed Material cannot be used as a part of a business logo;
      • As a design element on a website, video game, or CD-ROM;
      • To decorate your home, your office or any public place;
      • Stock image sites;
    3. Licensee may alter, crop, manipulate and create derivative works of the Licensed Material;
    4. Licensee's rights to the Licensed Material are worldwide;
    5. Unauthorized use will results in immediate termination of this license, and with it, Licensee's rights to use the Licensed Material.
  3. Restrictions
    1. The Licensed Material is not being sold; it is being provided to the Licensee under the terms of this agreement, which allows for use of Licensed Material but does not transfer ownership. Ownership remains with WordArt.com;
    2. Licensed Material shall not be incorporated into a logo, application icon, trademark or service mark;
    3. Licensee may not use the Licensed Material for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures;
  4. Termination & Revocation
    1. The license contained in this Agreement will terminate automatically without notice from WordArt.com if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy the Licensed Material; and (iii) delete or remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical) and promptly confirm same to WordArt.com in writing;
  5. Warranty and Limitation of Liability
    1. The Licensed Material provided under the terms of this License are owned by WordArt.com. Licensee is urged to fully test the Licensed Material prior to distribution of any software in which it is to be used and to bring any difficulties encountered to the attention of WordArt.com before such distribution. WordArt.com HEREBY DISCLAIMS ALL LIABILITY FOR INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES ARISING OUT OF ANY DEFECTS IN MATERIALS AND WORKMANSHIP INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE.
    2. Licensee shall defend, indemnify and hold WordArt.com and its respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement and any other breach by Licensee of this Agreement.
    3. These terms and conditions are all the terms and conditions that apply to this License. No other terms or prior understandings shall be used to alter the plain meaning of these terms or to expand the License unless subsequently agreed to in writing by the parties in amending this License.