LICENSE

The Complete License

Effective Date: March 14, 2018.

This Complete License is an agreement between you (“You”) and 123RF Europe BV ("TheHungryJPEG”).

1. Grant

TheHungryJPEG hereby grants You the rights to use the Item (as defined below) according to the terms of this Complete License. Your usage of the Items (including the Items provided under the permanent freebies and/or weekly freebies) is subject to the terms of this Complete License.

2. Definitions

  1. “Bundle” – A collection of carefully handpicked and curated Items that are grouped together for your convenience.
  2. “End Product” – Artwork or derivative product created by You using independent skill and effort that incorporates the Item with any other design elements where the Item cannot be extracted or separated from the End Product.
  3. “Item” – Graphics, fonts, craft / cut files, patterns and/or a combination of any such design elements downloadable from our website.
  4. “Project” – Project means an undertaking of creating End Product(s) for Yourself or a third party under one same concept.
  5. “Personal Use” – Using Items in a manner that (i) does not generate any monetary gain to Yourself or any third party; (ii) is not meant to entice sales; and (iii) is not used in premises, platform or event which is related to any business, community or non-profit organizational purposes.
  6. “Commercial Use” – Using Items in a manner that would result in or is intended for receiving any form of remuneration, procuring sales or commercial exposure for Yourself, Your client or any third party. This includes any other usages which do not fall under Personal Use.

3. Permitted Usages & Restrictions

Our Complete License offers You a wide flexibility on how You can use the Item. Below are the permitted usages:

Items Permitted Usage / Restrictions
Fonts
  • Unlimited projects with unlimited views/prints/sales.
  • Fonts can be printed on physical products (such as t-shirt, mugs and shoes) with unlimited print run. Under the Commercial Use, such physical products can be sold.
  • Fonts can be converted into graphics for re-sale, provided only flattened un-editable graphics are included. Secondly entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) should not be converted. Only quotes or expressions are allowed for conversion.
  • You are not allowed to share, resell or distribute Fonts on a standalone basis or include Fonts in the sale of template products (e.g. a website theme or logo template).
  • Fonts shall only be used as a design element of an End Product. Fonts shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our fonts into an application that allows You to select our Fonts to make Your own T-Shirt design is strictly prohibited.
  • You may digitize Fonts for embroidery purpose provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted and only Fonts used in the form of quotes or expressions can be digitized.
  • Fonts can be used for any Print On Demand (POD) sites, (e.g. Amazon Merch, Zazzle, etc.) provided that the entire alphabetical letters (i.e. A to Z) and/or numerical digits (i.e. 0 to 9) are not converted.
Graphics
  • Unlimited projects with unlimited views/prints/sales.
  • Graphics are referred to as non-cut or craft related files. E.g. a pack of 100 floral elements or a collection of cute animal illustrations.
  • Graphics used to create End Products must be used with other design elements to create a distinctive new design that does not completely resemble the Graphic used. The original Graphic file used to create the End Product cannot be extracted or separated by the customer when the End Product is being sold to the customer via electronic means. The customer is only permitted to use the said End Product, but not the original Graphic file.
  • Graphics cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
  • You are not allowed to share, resell or distribute Graphics on a standalone basis or include Graphics in the sale of template products (e.g. a website theme or logo template).
  • Graphics shall only be used as a design element of an End Product. Graphics shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our Graphics into an application that allows You to select our Graphics to make Your own T-Shirt design is strictly prohibited.
  • Graphics can be uploaded to any Print On Demand (POD) sites, (e.g. Amazon Merch, Zazzle, etc.) as long as it has been combined with other elements to create a significantly new design as a flattened end product.
Patterns
  • Patterns are allowed to be printed directly onto physical products without alteration.
  • Patterns used to create digital End Products must be used with other design elements to create a distinctive new design that does not completely resemble the Pattern used. The original Pattern file used to create the End Product cannot be extracted or separated by the customer when the End Product is being sold to the customer via electronic means. The customer is only permitted to use the said End Product, but not the original Pattern file.
  • Patterns cannot be converted into other formats (SVG, EPS etc.) and subsequently sold or distributed.
  • You are not allowed to share, resell or distribute Pattern on a standalone basis or include Pattern in the sale of template products (e.g. a website theme or logo template).
  • Patterns shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing our patterns into an application that allows You to select our Pattern to make Your own T-Shirt design is strictly prohibited.
Craft / Cut Files
  • 10 different types of End Products for each craft / cut file with unlimited prints. E.g. when the same Item is incorporated on a water bottle and a phone casing, we consider such usage as 2 distinct End Products.
  • Further customisation for Your clients (i.e. personalise a birthday board, adding initials to a monogram frame) is allowed.
  • Craft / cut files are created purely for the end customer. Craft / cut files are not for designers to use as a design element to create a new End Product in digital form for sale.
  • Craft / cut files used for End Products must be individually handmade and may not be used for mass production of End Products for large-scale commercial gain.
  • Craft / cut files are not allowed to be used or uploaded to any Print On Demand (POD) sites, (e.g. Amazon Merch, Zazzle, etc.).
  • Craft / cut files cannot be converted into other formats (e.g. SVG, EPS, CSD, PES, JEF, XXX etc.) and subsequently sold and/or distributed.

4. Restrictions

  1. You shall not share, distribute, transfer or resell the Items to any third party. Third parties / customers shall purchase the Complete License if they wish to edit the mockup of the End Product You are creating on their behalf. You shall only give Your clients the flattened Items.
  2. Except for fonts and craft files, You are not allowed to use the Item on an “as is” basis under the commercial usage (i.e. using the Item as it is without using any independent skill and effort to create an End Product is not permitted), as this would be treated as reselling of our Items. Fonts are allowed to be used on an “as is” basis under commercial usage, however the fonts must be flattened and shall not include the original OTF / TTF files for commercial use.
  3. You are not allowed to register the Items or End Products incorporating the Items (i.e. logo design, brand symbol) as trademark in any territory. You are licensing the non exclusive rights to use the Items, therefore the same Items may be used by other parties as well.
  4. Except for Personal Use, we expect You to create original End Products wherein the Item should not be redesigned by only making slight / minor changes to the Items. You should create a new derivative work which is distinguishable from the original Item. Please bear in mind that there are other third parties who will be using the same Item and therefore You will need to ensure Your End Products are as unique as possible to avoid competition or being accused of plagiarizing.
  5. You shall not allow the Items to be extracted, accessed or downloaded by anyone other than Yourself.

5. You Represent and Warrant That:

  1. You are at least 18 years of age or have the right to enter into this Complete License;
  2. You will not use the Items in any way that is prohibited by this Complete License;
  3. Information You provided us is accurate and true, including without limitation all payment and billing information; and
  4. Except as otherwise stated in this Complete License, any account opened or maintained by You on our site will only be accessed and used by You for the purposes and on terms stipulated in this Complete License.

6. Indemnity

  1. You agree to fully defend, indemnify and hold us and our officers, directors, employees, owners, agents, representatives, licensors and anyone else associated with us and each of our successors, (sub)licensees, and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys’ fees and expenses, arising in connection with Your use of the Items or any breach or alleged breach of any representation, warranty or other promise / obligation made by You in this Complete License.
  2. Provided that You have not breached the terms of this Complete License, we shall indemnify You up to a liability cap of the greater of United States Dollar One Hundred (US$100) or the total amount paid by You for any damages directly attributable to the use of our Items that give rise to any valid actual or threatened third party lawsuit, claim or dispute against You. Our indemnification is on the condition that You give us:
    • No later than five (5) business days written notice from the date You know or reasonably should have known of the claim or threatened claim, where such notification must include all details of the claim then known to You and emailed to hello@thehungryjpeg.com, Attention: General Counsel; Full information, assistance and cooperation for the defense or settlement thereof; and
    • At our option, sole control of any defense, settlement or action related thereto.
    We shall not be responsible for any claim settled without our consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.

7. Disclaimer

The Items and our site are provided “as is, as available, with all fault” basis and, except as expressly set forth in this Complete License, we do not make any representations or warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. You agree that neither us nor our respective affiliates, nor any of our respective officers, directors, employees, owners, agents, representatives, licensors, and (sub)licensees (other than You) shall be liable for any general, punitive, special, incidental, indirect or consequential damages or loss of profits or any other damages, costs or losses arising from any use or non-use of the Items, even if such parties have been advised, or advised of the possibility of such damages.

8. Termination

This Complete License is effective until it is terminated. You can terminate this Agreement by:

  1. deleting and destroying all Items downloaded by You; and
  2. ceasing to use the Items for any purpose.

We can terminate this Complete License without notice to You if You fail to comply with any of the terms and conditions of this Complete License. Upon such termination, You must immediately carry out Clauses 8(a) and (b) above with or without further notice by us.

9. Jurisdiction and Applicable Law

The interpretation and execution of this Complete License shall be governed by the laws of the United Kingdom subject to its jurisdiction and without regard to the conflict of laws principles. The English courts will have exclusive jurisdiction over any dispute arising in connection with the performance of this Complete License.

10. Assignment

You shall not assign Your rights or interests under this Complete License to any third party without our prior written consent.

11. No Third Party Rights

Any person who is not a party to this Complete License (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Complete License) shall have no right whatsoever to enforce this Complete License or any of its terms.

12. Entire Agreement

Should any provision of this Complete License be held to be void or invalid, that fact shall not affect any other provision, and the remainder of this Complete License will be construed up to most closely give effect to the parties’ intention. Failure by either party to enforce any provision of this Complete License will not be deemed a waiver of future enforcement of that or any other provision. You have agreed and reaffirm your agreement to this License by downloading the Items or Bundles.

13. Electronic Agreement.

You have agreed and reaffirm Your agreement to this Complete License electronically by downloading the Item(s).


Have more questions? Check out our FAQ or get in touch with our friendly support team here.

Any purchases before March 14, 2018 are licensed under Complete License V1.

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