CANNOT BE USED FOR

(for Comercial and Extended Comercial Licenses)

•     The Pattern designs nor any of its elements or part of the elements (modified or not) cannot be resold as a digital end product. 

•     Cannot be used on POD(Product on Demand) sites.

•     Cannot resell, Sublicense, Redistribute or share the source file to a third party in any way that allows others to download, extract, or redistribute the pattern as is or any of its parts.

•     Trademark designs or claim copyrights to patterns as a whole or any part of the designs.

•     Any other use that is not expressly permitted in the license terms is strictly prohibited.

LICENSE AGREEMENT

This license agreement (“License”) is a legal agreement between you (“Licensee” or “you”) is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization and Irina Dolgikh, NIE : Y8242898B (“Licensor”, “I” , “We” or “my”), the owner of this website, for downloading, installing or using the Patterns/Graphics (“Design”, “Designs”, “Print” or “Prints”). All Designs by Irina Dolgikh are protected by Spanish copyright laws and treaties. Irina Dolgikh owns all rights, including the copyrights to the Designs. The Licensee acknowledges that by completing the purchase process of any design and/or checking “agree”, Licensee has read the entire license agreement and agrees to the terms of the Licences. If you do not agree to the terms of this license, you do not have the right to use any of the designs available to be licensed on www.lifeshineart.com. The terms of this licence include, in particular, limitations on liability in Section 4 of the agreement herein. We offer two types of Licenses – Commercial and Extended Commercial and the one selected at the time of purchase applies to the licensee´s use of the licensed Designs. Irina Dolgikh reserves the right to make changes to these terms of the License agreement.

IMPORTANT NOTICE :

•     By purchasing the right to use the designs from this website, you hereby consent to immediate adherence of the license agreement and acknowledge that you will lose your right of withdrawal from the contract once the resources has begun to download or has been downloaded.

END USERS LICENCE AGREEMENT

Commercial and Extended Commercial License

Irina Dolgikh hereby grants you a non-exclusive, non-transferable worldwide, right to use the Designs in the following ways, subject to the limitations set out in “Restrictions”:

1. End Product

You may use a purchased Design in a new End Product as long as the End Product meets the following requirements:

•     1.1 End Products must not be used or sold in a way that is directly competitive with the original Designs you purchased. End Products must not redistribute the original Designs or any of its parts/elements to any third parties in a manner that allows for the extraction of the original design elements.

•     1.2 You may use the Designs in multiple personal or commercial Projects that could consist of several End Products – a Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Product included in a Project must be directly related under a single concept. (An example of One Project with many End Products would a Branding kit with letterheads, envelopes, business cards and few other items).

•     1.3 In case of Commercial license, the lifetime sales of the End Product for Sale must not exceed 2 000 units. If the end Product for Sale under commercial license exceeds 2 000 units, you can either purchase another Commercial Licence or an Extended Commercial Licence.

•     1.4 In case of use of the Designs on Wallpapers and Textiles/fabrics, the lifetime sales of the End Product for Sale must not exceed 12000 metres in length in the case of Commercial license. If it exceeds 12000 metres, you can either purchase another Commercial Licence or an Extended Commercial Licence.

•     1.5 The total number of physical end products for sale includes all products from a single or multiple projects put together.

•     1.6 An End Product For Sale can only be a physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge. You may NOT sell a digital End Product that makes use of the Designs.

•     1.7 Whilst we make all reasonable attempts to exclude viruses from the Licensed Design, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended on receipt to thoroughly scan the downloaded Design and insure yourself against any associated risk.

•     1.8 You may modify or manipulate the Designs in terms of recomposition or change colors. As between you and Irina Dolgikh, Irina Dolgikh will retain all rights, title, and ownership in the Designs, and the resulting derivative work is subject to the terms of this Licence terms, including Restrictions set out in Section 3.

•     1.9 Derivative designs from a particular design used on an end product will also add to the total lifetime sales of the end products of that particular purchased design.

2. Social Media, Marketing, and Advertisements

You may use a purchased Design in Social Media, Marketing, and Advertisements as long as the End Product meets the following requirements:

•       2.1 Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), unlimited personal or individual social media accounts for Non-commercial use.

•       2.2 Company Social Media for Commercial Use: If applicable (e.g., to a business), unlimited Licensee owned and managed company social media account is allowed for Commercial use.

•       2.3 Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local Markets.

•       2.4 Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.

•       2.5 Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use.

•       2.6 Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audio visual works, including advertisements, is permitted for Commercial and Non-commercial use.

•       2.7 Quantity Limitations on Broadcast and Streaming: No more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.

3. Design Management

•     3.1 Licensee may only upload the Licensed Designs to a server owned and controlled by Licensee or a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Designs by Licensee only, as permitted herein.

4. Restrictions

You may not:

•     4.1 Sub-licence, resell, redistribute, provide access to, share or transfer any of the Designs, (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.

•     4.2 Upload any Design to a website at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Design. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Designs. If you become aware of any unauthorised duplication or access of any of the Designs or its parts, you are requested to notify us.

•     4.3 Imply or claim that you are the author of the designs, even if you have made changes.

•     4.4 Make Designs or any of its parts/elements available to a third party on a digital asset management system, shared drive or the likes for the purposes of sharing or transferring such Designs or any of its parts/elements.

•     4.5 Resell a Design directly, or within a wider design/product where the original Designs or any of its parts/elements can be used or extracted in its original form in both digital and print format.

•     4.6 Resell a website template with an embedded Design. This is only acceptable when the website files making use of a Design are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.

•     4.7 Resell a digital template that makes use of the Designs. The Designs may NOT be used in an End Product for sale that is of a digital nature(for example, Print On Demand sites), in any shape or form.

•     4.8 Register as a trademark the Designs or the end product incorporating the Designs. Keep in mind that other customers/third parties can use the same Design due to the nature of the non-exclusive license terms except if its purchased under exclusive license.

5. Limitation of Liability

•     5.1 You acknowledge that the Design has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Designs meet your requirements.

•     5.2 You may not use the designs in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or public rights, harassing, humiliating to other people (publicly or otherwise), libellous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

•     5.3 Irina Dolgikh will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this Licence that is caused by any act or event beyond my reasonable control, including but not limited to failure of public or private telecommunications networks.

•     5.4 I do not warrant that the operation of the Designs will be uninterrupted or error free.

•     5.5 You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent and it may be in the form of an email.

•     5.6 You may not under any circumstances embed Designs or its elements into software or hardware products in which the Designs will be used by the purchasers of such products, or from which the elements or motifs of the design can be extracted or transmitted.

•     5.7 Each of the conditions of this Licence operates separately. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

•     5.8 Under no circumstances will I be liable to you or any third party for any special, consequential or incidental damages including lost profits, savings or business interruption as a result of the Designs being defective/unsellable.

•     5.9 Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself – this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.

•     5.10 This Licence, its subject matter and its formation, are governed by Spanish Copyright law, the Berne Convention and the Universal Copyright Convention.

6. Extended Commercial Licence

On purchase of Designs under Extended Commercial Licence, the following terms apply :

•     6.1 The Extended Commercial Licence allows you to use Designs in any manner permitted under the Licence terms above, and pursuant to the obligations and restrictions therein;

•     6.2 You may use Designs in multiple Personal and commercial Projects;

•     6.3 You may use Designs purchased under the Extended Commercial Licence to create End Products for Sale, in which the End Product for Sale may be sold up to 250 000 number of times.

•     6.4 You may edit colours or rearrange elements of the Designs to suit your needs without breaking the terms of the license agreements.

7. Termination

•     7.1 This Licence may be terminated immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice(email) requiring you to do so.

•     7.2 Upon termination of the license for any reason:

•     7.2.1 All rights granted to you under this Licence shall cease;

•     7.2.2 You must immediately cease all activities authorised by this Licence;

•     7.2.3 You must immediately pay to Irina Dolgikh any sums due under this Licence; and

•     7.2.4 You must immediately delete or remove the Designs from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.

8. Miscellaneous

•     8.1 All notices to be served in accordance with this agreement may be served by email contact@lifeshineart.com

•     8.2 This agreement shall be governed by and read in and construed in accordance with the Laws of Spain and the parties hereto submit to the exclusive jurisdiction of the Courts of Madrid, Spain for the settlement of any disputes hereunder.

If you have any questions relating to the licence agreements, or want to discuss about a bespoke license for your project, please feel free to contact us by contact@lifeshineart.com