License Terms for Downloadable Graphics

Thanks for choosing CharmCat for your art needs! By purchasing or downloading digital files, the Licensee agrees to the following terms:

1. DELIVERY

You will receive a download link for the files you purchased via email. Save this email as your proof of purchase.

2. DEFINITIONS

The Licensed Product is any file included as part of the purchase for which this license was issued.

The Licensee is the intended owner of this digital product. You may have purchased this digital product on behalf of your employer or client, who is the Licensee. In this case you affirm that you have the legal authority to enter in this agreement on behalf of the Licensee and they agree to abide by the terms of this license.

The User is the person who will be using the Licensed Product. The User may also be the Licensee or may be an employee of the Licensee. This license is for a single user and may not be shared or distributed to more than one user, even within the Licensee’s company. If the Licensee needs additional licenses for additional users they can be purchased from charmcat.net.

3. PERMITTED USES

This license permits both non-commercial and commercial use.

Any use of any element of this digital product must:
a. be significantly different than the Licensed Product,
b. require time, effort, or creativity of the User,
c. and not derive primary value from the Licensed Product.

Allowed uses include:
a. Physical products created solely by the Licensee, such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc.
b. Product packaging for physical products, such as, but not limited to, boxes, labels, stickers, or containers, etc.
c. Digital products created solely by the Licensee, such as, but not limited to, downloadable files, templates, and website graphics.
d. Publications, both digital and physical, such as, but not limited to, magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications.
e. Social media usage for one (1) account.
f. As a design element of a printed advertisement.
g. As a design element of a digital advertisement.

Limitations on use:
a. No more than 5,000 lifetime combined instances of a product, packaging, or publication.

PROHIBITED USES

The following uses are not allowed under this license:
a. on-demand or customize-your-own products where a customer can manipulate the design and then download or purchase.
b. development of any software or application.
c. sale of the Licensed Product without significant alteration.
d. sub-licensing or distribution of files.
e. creation of a product that directly competes with the Licensed Product.
f. any product that allows the Licensee’s intended end user to extract the Licensed Product in its original form.
g. any use that is fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory, is strictly prohibited, including, without limitation uses that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that CharmCat deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

h. any other use not explicitly allowed in section 3.

5. COPYRIGHT & TRADEMARK

The Licensee may not claim copyright on any assets created with the Licensed Product covered by this license.

The Licensee may not trademark any design in which the Licensed Product covered by this license is the primary design element and is not significantly altered.

The Licensee may not claim that they own the copyright to or are the creator of the Licensed Product. Licensed Product remains the property of CharmCat. You may not, even by implication, represent the artwork as created by you or a third party other than CharmCat.

Any CharmCat logos or branding are the intellectual property of CharmCat and not licensed.

6. OTHER LEGAL STUFF

If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will remain in full effect. Likewise, if for some reason CharmCat elects to waive a portion of this contract, the remaining parts will remain in full effect.

CharmCat may terminate this license if the Licensee is found to be in violation of any of the terms of this license. Licensee will remove all products and uses of Licensed Product from all platforms, and destroy any remaining products and copies of Licensed Product at the Licensee’s expense.

Licensed Products are provided on an as-is basis without warranty and Licensee uses Licensed Products at their own risk.

CharmCat cannot be held liable for any consequences of Licensee’s or User’s use of the Licensed Product, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, tort, breach of contract, IP infringement, etc. Licensee agrees to defiant, indemnify, and hold harmless CharmCat against any and all claims.

This license supersedes any conflicting terms in the Terms of Use or Shop Policies.

This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.

Any provisions or situations not mentioned in this contract and not subject to the law are at the discretion of CharmCat.

The laws of the State of Virginia shall govern all aspects of this contract and any issues arising out of this contract.