Last Updated: 5th December, 2018
This agreement is between VITAL IMAGERY, dba ClickArt Online ("We", "us", "our") and the person or entity whose electronic agreement is documented below ("you", "your").
LICENSEE IS GRANTED A ONE (1) PERSON SEAT LICENSE FOR USE OF THE LICENSED MATERIAL FOR EACH USER SEAT PURCHASED. THIS IS NOT A SIMULTANEOUS USE LICENSE. ONLY ONE (1) USER MAY ACCESS THE ClickArt Online SUBSCRIPTION OR USE LICENSED MATERIAL, AS APPLICABLE. EACH USER SHALL BE REQUIRED TO HAVE A SEAT LICENSE. SEAT LICENSES SHALL BE REQUIRED FOR ANY ADDITIONAL "USER(S)". A User may not download Licensed Material and share such Licensed Material with a non-User or act as a designated downloader who shares Licensed Material with non-Users. Licensee must purchase additional seat licenses if there are more than one (1) User before such additional use begins.
All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).
All ClickArt Online content on this site, including any thumbnail versions of the content, is protected by copyright. ClickArt Online content may not be copied, reproduced or downloaded without obtaining a valid license. We reserve the right to prosecute the unauthorized use of any content on this site.
GENERAL TERMS AND CONDITIONS
Any ClickArt Online content provided at this site can only be used by you, subject to the restrictions below, provided you do not violate the rights of anyone else (and in the case of any company or product name, logo and/or trademark ONLY for uses for which YOU have received approval from the company or trademark owner):
You may use ClickArt Online content in your commercial and/or personal projects (excluding those prohibited uses listed below).
However, you may NOT:
a. distribute ClickArt Online content, electronically or in hard copy, except as specifically authorized.
b. authorize any third party to use the ClickArt Online content for any purpose, or resell, license or otherwise make the ClickArt Online content available for use or distribution separately or detached from your business or webpage, except as specifically authorized.
c. share ClickArt Online content across a network, on a CD, or in any other way.
d. under any circumstances, use automated or programmatic means or methods to download ClickArt Online content.
e. use ClickArt Online content as part of any trademark.
f. use ClickArt Online content in web or print templates, digital scrapbooking or digitized embroidery files intended for multiple distribution without explicit written permission of ClickArt Online or the purchase of extended licensing.
g. under any circumstances, use ClickArt Online content in connection with any pornographic, obscene, immoral, or illegal materials.
h. use any of the ClickArt Online content for any purposes in excess of 500,000 cumulative printed copies without explicit written permission of ClickArt Online or the purchase of extended licensing.
i. use ClickArt Online content in e-books, "apps", software, TV and video, digital worksheets, documents or presentations (intended for multiple distribution) without the purchase of extended licensing.
j. use ClickArt Online content on CafePress.com, Zazzle.com or any 'print-on-demand' merchandise website or business.
k. use ClickArt Online content to compete with us.
l. use or display content in such a manner that gives the impression that the content was created by you or a person other than the copyright holder of that content.
m. use any ClickArt Online photo in a way that places any person depicted in the photo in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of photo: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; f) as an avatar or part of a fake identity and g) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use a photo containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
ELECTRONIC BOOK (E-BOOK) NOTICE
ClickArt Online content can be used by extended licensing users
If you need to use images in ways not allowed please contact us to see if the specific images you need are available for special licensing.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THIS AGREEMENT, ClickArt Online MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY CONTENT AT THIS SITE, INCLUDING ClickArt Online CONTENT, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." ANY WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY ClickArt Online. WITH RESPECT TO THE SITE AND ANY CONTENT AT THIS SITE.
ClickArt Online DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT ClickArt Online WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL ClickArt Online OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SITE, EVEN IF ClickArt Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF ClickArt Online OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Products, services, and programs in this publication may not be available in your country. References to any product, service, or program do not imply that ClickArt Online intends to make available such products, services, or programs in your country.
ClickArt Online may add and remove materials from this website at any time and without any notice.
LINKS TO THIRD PARTY SITES
ClickArt Online PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. ClickArt Online DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. ClickArt Online IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY ClickArt Online OF SUCH SITES.
OTHER LEGAL INFORMATION
You represent and warrant that:
a. You are at least 18 years of age and have the right to enter into this Agreement;
b. You do not reside in any country to which export of USA or Canada products are prohibited or restricted;
c. You will not use the Content in any way that is not permitted by this Agreement;
d. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity;
e. Upon the expiry of your subscription you agree to destroy all materials obtained from this site, copies, and related documentation thereof, that you have NOT used during its term. You may continue to use those materials that have been included in your products and projects after expiration provided you continue to abide by these terms and conditions.
f. The information you provide the ClickArt Online Site is accurate and true, including without limitation all credit card information.
ClickArt Online content and anything else at this web site are made available to you "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." ClickArt Online, its employees, directors, and officers, and anyone else associated with ClickArt Online disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, or that your usage of ClickArt Online will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire Content, you do so at your risk. ClickArt Online, its employees and officers, and anyone else acting on behalf of ClickArt Online also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. ClickArt Online, its employees, directors, and officers, and anyone acting on behalf of ClickArt Online make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Content without first obtaining appropriate rights from such individual. You understand and acknowledge that neither ClickArt Online, its employees, directors, and officers, nor anyone acting on behalf of the ClickArt Online website has made any representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition, and (b) You understand that You should seek competent counsel before using Content on or in connection with any goods or services or for any other commercial purposes.
This Agreement constitutes the entire agreement between you and ClickArt Online regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by ClickArt Online to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Canadian law governs this Agreement. The parties consent to jurisdiction over them in any court in Canada, waive any claim or defense that such forum is not convenient, and consent to service of process by any means authorized by Canadian law.
You're responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.
TERM AND TERMINATION
The term of your subscription will continue so long as your subscription fees are timely paid. If your subscription fees are not paid, your subscription terminates. Upon termination, you have NO right or authorization to download and use anything at this website. Cannot authorize anyone else to make or use.
A download limit of 100 files/day is currently in place to prevent the abuse of our website. This limit may change at any time.
Any links are gratuitous and ClickArt Online assumes no responsibility to you or to anyone else regarding those links.
You have agreed, and reaffirm your agreement to conduct this transaction electronically.
DO NOT SUBSCRIBE IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS.
You agree to pay all Image(s) license fees and no rights are granted under this Agreement until all payments are made in full. A service charge of two percent (2%) per month, or the amount allowed by law, will be charged on any unpaid balance. Any claims for adjustments must be made to ClickArt Online within five (5) days of billing. You shall be liable for all past due amounts, interest and costs of collection, including attorneys' fees. Refunds are governed by the terms of the individual service used. Please see the section below for terms applicable to refunds in the event of cancellation.
If you wish to cancel the rights granted in this License and your invoice, the following apply:
If you purchased CD(s) (opened or unopened), you may receive a full refund if you submit a completed and signed refund affidavit, and return any CD's, within fourteen (14) days of your invoice date. After fourteen (14) days, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice.
If you purchased an individual image no refunds are made unless the image is found to be faulty. ClickArt Online will be the sole arbiter as to whether an image is faulty or not.
If you purchased a new (first time) Subscription, you may receive a full refund within three (3) days of your invoice date, provided that you have not downloaded more than five (5) images. After three (3) days, or download of more than five (5) Images, no cancellations will be accepted, no refunds made and you will be responsible for and must pay the full amount of the invoice. By requesting a refund, you hereby represent and warrant that: (i) you have deleted or destroyed all downloaded Images, (ii) that you have not, and will not use any Images from the subscription, and (iii) that a breach of the foregoing shall require you to immediately repay the entire subscription fee plus damages to ClickArt Online. You are solely responsible for all shipping and handling fees with regard to a cancellation. All cancellations are final.
If you purchased a renewal or upgrade to your current Subscription you will only be entitled to a refund at the sole discretion of ClickArt Online.
If you ordered a digitized image file you are not entitled to a refund unless the original clipart image is subsequently deemed to not be suitable for digitizing. ClickArt Online will be the sole arbiter as to whether an image is suitable or not. If a problem is found with the digitized file it will be corrected free of charge.
QUESTIONS AND CONTACT INFORMATION
Questions or comments about the Site or Site Terms may be directed to Vital Imagery Ltd. at firstname.lastname@example.org
or by calling 800-713-0398 or 519-489-4694 (M-F 9:00am-5:00pm EST).
© 2019 Vital Imagery Ltd. All rights reserved. Terms and Conditions of Use.