WeddingClipart.com Terms of UseI. Basic AgreementBy becoming a WeddingClipart.com member, you agree that you understand and will abide by all of our Terms of Use. II. Basic Definitions The WeddingClipart.com website ("Site") is a subscription-based service that provides downloadable digital artwork, photos, templates, tips and tutorials ("Content"), and design and layout tools ("Tools"), for use by its paid subscribers ("Members"). In some cases, new Members may register for the Site through a limited trial ("Trial Period") for free or at nominal expense. The Site and Content are the wholly-owned property of WeddingClipart.com's parent company, Letters and Arts, Inc., and are subject to U.S. and international copyright protection laws. We created this Terms of Use Agreement to grant Usage Rights ("Rights") to Members who are in good standing. To be in good standing, you must meet the following requirements: a. Be a past or present account holder with a valid username and password at WeddingClipart.com b. Not be using our Content for any illegal or banned purpose c. Not be in violation of these Terms of Use Letters and Arts, Inc. reserves the right to refuse or revoke some or all membership privileges to anyone not meeting these requirements, and to seek all legal remedies necessary to protect its copyrights and intellectual property. III. Trial Period Usage Limitations and Cancellation Requirement The purpose of the Trial Period is to allow Members to explore Site Content and Tools prior to being billed. It is the Member's responsibility to cancel membership during the Trial Period, before the Trial Period expiration date shown on the Member's MyHome page. By not canceling, Member agrees to the charge shown in the Trial Period registration process. (To cancel, login and goto MyHome, then click on the Cancel link. Or email a cancel request to Cancel@WeddingClipart.com. ) Other requirements and limitations applicable to the Trial Period include: a. To activate the Trial Period, the Site requires a credit card and will attempt to authorize a nominal charge (usually $1) to validate form of payment. This nominal charge will be released. b. Site operators reserve the right to change the length of Trial Periods so long as it does not cause unexpected early charges to current Trial Period Members. c. As advertised on Site, Content downloads are limited during the Trial Period. Site operators reserve the right to change the allowable limit. d. Some Content and Tools may, at the Site owner's discretion, be unavailable during the Trial Period. IV. Personal Usage Rights All Members are granted a non-exclusive, royalty-free license to use the Content as-is or in modified form for personal purposes. Personal purposes may include all personal printing uses, email, personal websites, scrapbooks and crafts of all kinds, so long as none of these uses are for commercial gain or general distribution. For limited commercial usage rights, Members must purchase a Professional Membership. V. General Content Restrictions The following restrictions apply to ALL Members: a. Content shall not be used in any way that competes directly with WeddingClipart.com or Letters and Arts, Inc. in the business of do-it-yourself stationery or print-from-home stationery. b. Content shall not be resold or distributed in its original form, or in a form that might be confused with the Content itself. c. Content shall not be published on websites whose primary purpose is to generate income from pay-per-click or banner advertising. d. Content shall not be used or displayed in any way that encourages third parties to download, save, or use Content as clip art, stock art or printable templates. e. Content shall not be made available to third parties in any way for self-print or print-from-home uses. f. When used in printed applications, Content use does not exceed 50,000 printed pieces without written permission from Letters and Arts, Inc. (NOTE: web page impressions can be unlimited.) g. Content use shall not constitute an obscene work as defined by the Federal Government at the time the work is created. VI. Site Usage Rights All Members may use the Site to browse, search, and download Content at any time during their period of active membership. Limited search and browse is also available to prospective members. VII. Site Usage Restrictions Crawlers, spiders, programmable scripts or other automated technologies may not be used to browse, search or download images. Downloads may not be in excess of 100 images per day per Member. The Site has built-in counters to enforce these download limits. VIII. Limited Commercial Rights Members who purchase or upgrade to a Professional Membership are granted a non-exclusive, royalty-free license to use the Content for commercial gain, subject to the Commercial Content Restrictions AND General Content Restrictions below. Examples of acceptable commercial, made-for-resale uses include: a. Use by wedding planners in developing materials for clients. b. Use in pre-printed wedding invitations, programs, shower invitations and other pre-printed stationery. c. Use in embroidery patterns. d. Use in candy wrappers, wrapping papers, and all professional craft applications. e. Use in business promotion, including letterhead, business cards, presentations, company logos, and company websites. f. Use in printed book or electronic book form to illustrate related concepts, so long as the illustrations do not constitute a majority of the work. g. Use in pre-printed calendars. h. Use in DVD video productions. IX. Commercial Rights Restrictions No Commercial Rights are granted during a Trial Period. Professional Users must be fully paid subscribers before Commercial Rights apply. Also, the following commercial uses are not permitted except by separate written agreement with Letters and Arts, Inc.: a. Anything that violates our General Content Restrictions (Section V) b. All commercial television, film, or video c. Print distribution over 50,000 printed pieces d. All commercial cell phone or wireless device uses. e. Content downloaded during Trial period MAY NOT be used for any commercial purpose. X. Copyright Acknowledgement For all commercial uses, we request a copyright acknowledgement of the form: "Images (c) WeddingClipart.com". XI. Rights and Access Privileges Do Not Transfer WeddingClipart.com Members are not allowed to transfer, share, trade, or sell their membership Rights unless by express written permission of Letters and Arts, Inc. Each membership shall be uniquely associated with one person and that person alone shall have Site access rights. Businesses wanting to provide Site access to multiple persons must purchase a subscription for each person. XII. Right to Refuse Service Letters and Arts, Inc. reserves the right to refuse or revoke some or all membership privileges to anyone at any time. Blatant violations of these Usage Terms will be cause for immediate termination of all membership privileges and/or legal remedies as deemed necessary by Letters and Arts, Inc. XIII. LIMITATION OF WARRANTY AND LIABILITY LETTERS AND ARTS, INC. MAKES NO WARRANTIES AS TO THE FITNESS, CORRECTNESS, RELIABILITY, OR MERCHANTABILITY OF THE CONTENT OR SITE FOR A PARTICULAR PURPOSE. LETTERS AND ARTS INC. PROVIDES NO ASSURANCES OR WARRANTIES THAT THE SITE OR CONTENT WILL BE FREE FROM ERRORS, OMISSIONS, INCOMPATIBILITIES, INTERRUPTIONS, OR VIRUSES OR OTHER RISKS COMMONLY ASSOCIATED WITH THE USE OF COMPUTERS, SOFTWARE OR THE INTERNET. LETTERS AND ARTS INC. HAS NO OBLIGATION TO SERVICE OR REMEDY ANY ASPECT OF THE SITE OR THE CONTENT; AND HAS NO OBLIGATION TO ASSUME THE COSTS OF REPAIRS OR SERVICE TO USERS' HARDWARE, SOFTWARE, OR OTHER EQUIPMENT IN THE EVENT OF ANY CLAIMS OF DAMAGES. IN NO EVENT WILL LETTERS AND ARTS INC., ITS OFFICERS, DIRECTORS, AFFILIATES, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF LETTERS AND ARTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XIV. JURISDICTION ALL CLAIMS RELATED TO THESE USAGE TERMS SHALL BE HEARD IN THE COUNTY OF JACKSON AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON. If you have any concerns or questions about our Terms of Use, please contact us at Contact@WeddingClipart.com.
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All Suggestions, Billing and Site Questions: Contact@WeddingClipart.com
WeddingClipart.com Letters and Arts, Inc. 600 Siskiyou Blvd Ashland, Oregon 97520 |