Permissions, Terms, and Conditions:
Last updated: 01/19/2020
Permissions, Terms, and Conditions:
This license agreement (Agreement) governs the terms by which the user obtains the right to use graphics, patterns, and other media content obtained and downloaded from the Jen Ten Art (The Site) located at www.jentenart.com.
By downloading any file from The Site you represent that you have read, understand, and agree to be bound by this agreement. The term “YOU” refers to the individual or legal entity, as applicable, identified as the user when downloading or using graphics,patterns, and/or other media content from The Site. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY GRAPHIC, PATTERN, OR OTHER MEDIA CONTENT OBTAINED FROM The Site.
1. Copyright:
Jen Ten Art, its licensors and contributors retain all right, title, and interest in and to the graphics, patterns, and all other media files. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
3. No Warranty:
Jen Ten Art, Jen Tennille Waldera, make no representation or warranty with respect to any graphics, patterns, and other media files or the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any graphic, pattern, or other media file, and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for your intended usage are secured. All of Jen Ten Art's graphic and other media files are provided "as is.” Jen Ten Art makes no representation or warranty either express or implied including but not limited to any implied warranties of merchant ability, fitness for any particular use, quality of image, non-infringement, or compatibility with any computer hardware or other equipment, operating system or software program. Neither Jen Ten Art nor any of its directors, officers, employees, subsidiaries, affiliates, contractors, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the graphics, patterns, and/or other media files. Jen Ten Art does not approve, endorse or make any representations or warranties with respect to the graphics, patterns, and/or other media files. Jen Ten Art does not warrant the accuracy of any categorization, keyword, caption or title of the graphic, pattern, and/or media file or the metadata that may be provided therewith. ANY GRAPHIC, PATTERN, AND/OR OTHER MEDIA FILES DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH The Site IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS The Site OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING OR DOWNLOADING SUCH CONTENT.
4. Indemnity and Release:
You will indemnify and hold Jen Ten Art, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “Jen Ten Art Parties”), harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of the graphics, patterns, and/or other media files. You hereby release Jen Ten Art Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any graphics, patterns, and/or other media files or use thereof. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
5. Limitation of Liability:
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY JEN TEN ART PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE GRAPHICS, PATTERNS, AND/OR OTHER MEDIA FILES, WHETHER OR NOT JEN TEN ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL JEN TEN ART BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT RECEIVED BY JEN TEN ART AS A RESULT OF YOUR USE OF THE GRAPHICS, PATTERNS, AND/OR OTHER MEDIA FILES YOU PURCHASED. IF YOU HAVE NOT PAID JEN TEN ART ANY AMOUNTS IN THE PURCHASE OF THE GRAPHICS, PATTERNS AND/OR OTHER MEDIA FILES, JEN TEN ART'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ZERO DOLLARS AND ZERO CENTS ($0.00). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JEN TEN ART AND YOU.
6. Termination:
This Agreement will commence on the date when you first download any graphic, pattern, and/or other media file and will remain in effect as long as you maintain any graphic, pattern, and/or other media file or Derivative Work in your possession. The license contained in this Agreement will terminate automatically without notice from Jen Ten Art if you fail to comply with any provision of the Agreement or the Terms of Use. If you want to terminate this Agreement, you may do so at any time by destroying all graphics, patterns, and/or other media files in your possession. Your indemnity and payment obligations and Jen Ten Art's rights in conjunction with those obligations shall survive any termination or expiration of this Agreement, as well as Jen Ten Art's limitation on liability. The provisions of this paragraph are in addition to any other remedies and rights Jen Ten Art may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein. Upon termination, you must immediately (i) cease using the graphics, patterns, and/or other media files for any purpose; (ii) destroy or delete all copies and archives of the graphics, patterns, and/or other media files and accompanying materials; and (iii) if requested, confirm to Jen Ten Art, in writing, that you have complied with these requirements, provided, however, that such requirements in (i), (ii) and (iii) shall not affect or limit your use of any existing Derivative Works containing the graphics, patterns, and/or other media files. Upon notice from Jen Ten Art, or upon your knowledge that any graphics, patterns, and/or other media file is subject to a threatened, potential or actual claim of infringement of another's right for which Jen Ten Art may be liable, you must immediately and at your own expense (i) stop using the graphics, patterns, and/or other media files; (ii) delete or remove the graphic and/or other media files from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.
7. Illegal Use:
By using the graphics, patterns, and/or other media files, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the graphics, patterns, and/or other media files for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, child trafficking, or pornography. You acknowledge and agree that products, services or technology provided by Jen Ten Art are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Jen Ten Art products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
8. General Provisions:
This Agreement constitutes the entire agreement between you and Jen Ten Art regarding the use of the graphics, patterns, and/or other media files. Jen Ten Art's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Your relationship to Jen Ten Art is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jen Ten Art's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignee. If any provision of this Agreement is found illegal or unenforceable, the legality and enforce ability of the other provisions of the Agreement will not be affected. Your use of the graphics, patterns, and/or other media files must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the State of Washington, excluding its' body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes, controversies, demands, counts, claims, or causes of action arising under this Agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the American Arbitration Association. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. Jen Ten Art reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Washington. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Jen Ten Art for its reasonable legal fees, costs, and disbursements if Jen Ten Art is successful in the suit. Jen Ten Art reserves the right to seek an injunction to prevent breach of your obligation to Jen Ten Art's intellectual property rights.
10. Scope:
All art purchases and downloads of graphics, patterns, and/or other media files obtained through The Site on or after the below date are subject to this License. All purchases and downloads of the graphic and/or other media files through The Site before the below date, remain subject to any previous License associated with that purchase. Dated proof of purchase or a printed copy of these Terms is required to prove association with a previous License.
-Effective January 19, 2020
Jen Ten Art
Battle Ground, WA
360-597-2597
www.jentenart.com
Jen Ten Art is a trademark of Jen Tennille Illustration and Design