If you choose our Commercial License for your project, we will deliver it together with final project files. Also, you can read Copyright Transfer Agreement. Terms and conditions of the License are described below:
Commercial License Agreement
This license is effective on all digital asset purchases and downloads on imgvisuals.com made on and after the 27th of September 2023. When purchasing an item, You will receive the rights to use the item(s) as defined in this license.
Licensee: Individual or Legal Entity (Company), as indicated at the time of purchase.
Number of Users: One.
Commercial Use: Physical and Digital End Products: Unlimited.
Commercial Use: Advertisements and Promotion: Unlimited.
Commercial Use: Streaming Content: Unlimited.
This License Agreement outlines the essential legal terms, and by finalizing the purchase or selecting “agree”, you acknowledge having read the entire License Agreement and agree to its terms. IMG Visuals Inc. offers various license agreements, and the one chosen at the time of purchase governs your use of the Licensed Asset.
The License Agreement defines the terms and conditions of your non-exclusive, limited copyright license concerning the digital content (“Licensed Asset”) available on imgvisuals.com by the Shop Owner and purchased by you. The Licensed Asset item number will be sent to your registered email address with IMG Visuals Inc., along with a link to this License Agreement. Keep this information for your records. This License Agreement might also apply to digital content provided by IMG Visuals Inc. for free (e.g., promotional content) if explicitly mentioned during the initial download.
- PARTIES INVOLVED AND USER LIMITATIONS
1.1 - This License Agreement is between:
(a) The “Licensee”, either the individual named as the licensee during the purchase or their employer if purchasing on the employer's behalf.
(b) IMG Visuals Inc. representing the seller (“Shop Owner”) as the licensor.
If purchasing on behalf of your employer, only your employer, as the “Licensee”, can use the Licensed Asset under this License Agreement's terms. In such cases, you confirm that you have the authority to bind your employer to this License Agreement.
1.2 - The number of individual users allowed to access and use the Licensed Asset is determined by the number of assets selected and paid for during purchase. For additional users, you must purchase extra licenses.
- ASSET MANAGEMENT
You can only upload the Licensed Asset to a server owned by you or a cloud storage service, cloud-based design app, or digital asset manager controlled by you. This is strictly for your use, as permitted by this agreement.
- USAGE TERMS FOR COMMERCIAL AND NON-COMMERCIAL PURPOSES
This License Agreement allows both Commercial and Non-commercial use of the Licensed Asset, as detailed in Section 4 (Permitted Uses and Limitations).
3.1 - Commercial Use: Any use involving monetary exchange, promoting a business, product, or service, or where financial gain results directly or indirectly from the Licensed Asset.
3.2 - Non-Commercial Use (Personal): Use strictly for personal purposes. Any use that qualifies as “Commercial use” cannot be deemed Non-commercial.
- PERMITTED USES AND LIMITATIONS
An “End Use” means using the Licensed Asset as explicitly allowed below. Any Commercial use must be significantly different from the original Licensed Asset and not derive its primary value from the Licensed Asset itself.
4.1 - End Products:
- Physical Products: You can create physical products like clothing, cards, stickers, mugs, etc., for both Commercial and Non-commercial use.
- Product Packaging: You can create packaging products for resale or wholesale, such as boxes, labels, etc., for both Commercial and Non-commercial use.
- Digital Products: You can create digital products like static designs or website elements for both Commercial and Non-commercial use.
- Digital or Print Publication: You can use the Licensed Asset in digital or print publications like magazines, cards, e-books, etc., for both Commercial and Non-commercial use.
4.2 - Social Media, Marketing, and Advertisements:
- Personal Social Media for Non-Commercial Use: One personal social media account for Non-commercial use is allowed.
- Company Social Media for Commercial Use: One company social media account owned and managed by the Licensee is allowed for Commercial use. Separate licenses are required for additional business accounts.
Limitations: There's no limit on the number of impressions for social media posts or ads incorporating the Licensed Asset for both Commercial and Non-commercial use.
- PROHIBITED USES
5.1 - Resale or Redistribution: You may not directly resell, redistribute, provide access to, share, or transfer any Licensed Asset. For example, you can't license a digital wallpaper and then distribute it as a wallpaper on its own.
5.2 - Logo and Trademark Use: You may not use the Licensed Asset as part of a trademark, business logo, or service mark.
5.3 - False Representation of Authorship: You may not falsely represent that you are the original creator of the Licensed Asset.
5.4 - Harmful Use: You may not use Licensed Assets in a way that promotes hate, discrimination, or violence against individuals or groups based on race, religion, gender, or other factors.
Your rights under this License Agreement will terminate automatically without notice from IMG Visuals Inc. if you fail to comply with any of its terms. Upon termination, you must immediately stop using the Licensed Asset, delete or destroy any copies, and, if requested, confirm to IMG Visuals Inc. in writing that you have complied with these requirements.
- WARRANTIES AND REPRESENTATIONS
IMG Visuals Inc. guarantees that:
7.1 - The Licensed Asset is original and does not infringe on any third-party copyrights.
7.2 - The Licensed Asset does not violate any applicable law or regulation.
7.3 - IMG Visuals Inc. has the authority to enter into this License Agreement and has the right to grant this license.
You agree to indemnify, defend, and hold harmless IMG Visuals Inc. and its affiliates, directors, officers, employees, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this License Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.
- GOVERNING LAW
This License Agreement is governed by the laws of the jurisdiction where IMG Visuals Inc. is established, without regard to its conflict of law principles. Any legal action or proceeding relating to this License Agreement shall be instituted in the courts of that jurisdiction.
- ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement between you and IMG Visuals Inc. concerning the Licensed Asset and supersedes any prior purchase order, communication, advertising, or representation concerning the Licensed Asset.
IMG Visuals Inc. reserves the right to modify or replace any part of this License Agreement. It is your responsibility to check this License Agreement periodically for changes. Your continued use of the Licensed Asset following the posting of any changes to this License Agreement constitutes acceptance of those changes.
For questions regarding this License Agreement or to report any violations, please contact IMG Visuals Inc. at email@example.com or by mail to the address:
IMG Visuals Inc., 889 Pacific Street, apt. 301, Vancouver BC, V6Z 1C3, Canada