This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below (“Licensee”) and VibrantShutter.com (“Licensor”). 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: January 17, 2017
- “Licensed Material” means any digital files purchased through VibrantShutter.com. This does not include any photos/other works that You produced using these digital files. This is meant to protect both VibrantShutter.com and You (Licensee).
Grant of Rights
- 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 VibrantShutter.com;
- Licensee has the non-exclusive, non-transferable, non-sublicensable right to use the Licensed Material for personal and business purposes.
- Licensee’s rights to the Licensed Material are worldwide;
- Unauthorized use will result in immediate termination of this license including but not limited to legal action.
- Licensee may not rent, sublicense, sell, assign, convey or transfer Licensed Material, this Agreement or any of its rights under this Agreement;
- Licensee may not use Licensed Material to develop competing products and/or websites;
- Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed/shared on any online platform including but not limited to blogs, online stores, forums, social media sites;
- Licensee may not use the Licensed Material for unlawful purposes;
- Licensee CAN use/modify Licensed Material any way they like to create finished products (photos, prints, cards, albums, printed items, etc.) to be resold to clients or for personal use.
The purpose of the above restrictions is to clarify that the rights to the digital Presets, Actions and Overlay designs are owned by VibrantShutter.com and these digital files may not be re-sold on their own or used to develop competing digital products.
Example: You can use a Preset to adjust a photo and then sell that photo; you can not sell the digital Preset file used to make the adjustment.
- No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement.
Termination & Revocation
- The license contained in this Agreement will terminate automatically without notice from VibrantShutter.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 VibrantShutter.com in writing;
- VibrantShutter.com reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, Licensee shall immediately cease using such Licensed Material. Licensee shall delete all electronic copies of Licensed Material from its electronic storage media, confirming the same to VibrantShutter.com in writing.
Warranty and Limitation of Liability
- The Licensed Material provided under the terms of this License are owned by VibrantShutter.com. Licensee is urged to fully test the Licensed Material prior to use and bring any difficulties encountered to the attention of VibrantShutter.com.
- VibrantShutter.com disclaims all liability for incidental, consequential, and special damages arising out of any defects in materials and workmanship including warranties of fitness for use.
- Licensee shall defend, indemnify and hold VibrantShutter.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.
- 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.