Terms of Use

 

PLEASE READ CAREFULLY BEFORE PURCHASING OR DOWNLOADING ANY IMAGES OR ANY OTHER MATERIALS FROM THIS WEBSITE: 

 

This licence agreement (Agreement) is a legal agreement between you (Licensee or you) and Sparkol Limited of 5th Floor, 1 Temple Way, Bristol BS2 0BY. (Sparkol, us or we) which covers your use of:

  • the SVG (Scalable Vector Graphics) images (Images)

We licence use of the Images to you on the terms of this Agreement. We do not sell the Images to you. We (or, where applicable, our licensors) remain the owners of the Images at all times. 

 

IMPORTANT NOTICE TO ALL USERS:

  • BY CONTINUING WITH THE PURCHASE OR CLICKING TO "ACCEPT" YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU (AND IF YOU ARE A BUSINESS, YOUR EMPLOYEES). THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON OUR LIABILITY TO YOU IN CONDITION 6 AND CONDITION 7. 
  • BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO BE BOUND BY OUR WEBSITE TERMS OF USE, PRIVACY POLICY AND COOKIES POLICY, WHICH FORM PART OF THIS LICENCE.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE IMAGES TO YOU AND YOU MAY NOT DOWNLOAD OR PURCHASE ANY IMAGES FROM THIS WEBSITE.

You should retain a copy of this Agreement for future reference.

 

1. GRANT AND SCOPE OF AGREEMENT

1.1          In consideration of payment by you of the agreed fee and you agreeing to comply with the terms of this Agreement, we grant to you a non-exclusive, non-transferable licence to use the Images royalty-free within the terms of this Licence.  If you require a 10+ user or site licence then please contact us.  Separate/additional terms may apply to any request for a 10+ user or site licence;

 1.2          You may:

(a)        Subject to the terms of this agreement, display, use, reproduce, publish, alter and manipulate, in whole or in part, via any medium and by whatever means, the images for any purpose to create any number of projects (Projects, and each a Project); and
(b)        Download a copy of the purchasedImages up to five (5) times within six (6) weeks of the purchase date;

 

2. RESTRICTIONS

2.1 You may not:

(a) Use the Images to create templates (electronic or digital) intended for resale or other distribution, including without limitation, website templates, business card templates, greetings card templates and brochure design templates;
(b) Use the Images in connection with any good or services intended for resale or distribution where the primary value lies in the Images itself, including, without limitation, cards, stationery items, paper products, calendars, clothing, posters, promotional gifts or other items for resale, license or other distribution for profit;
(c) Use the Images as part of a trade-mark, design-mark, trade-name, business name, service mark or logo;
(d) Reproduce the Images, in whole or in part, either individually or in combination with others, in excess of 500,000 times in physical hard copy
(e) Use the Images in a fashion which breach Sparkol’s Content Standards: Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(f) not to re-sell, rent, lease, sub-license or loan;
(g) Use or display the Images in an electronic format which enables them to be downloaded or shared in any peer-to–peer or similar file sharing arrangement;
(h) Install or transfer the images to a network server or web server for use by other users unless otherwise agreed by a multi-user or site licence;
(i) to keep all copies of the Image secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Images;
(j) if you are a business, to supervise and control use of the Images and ensure that the Images are used by your employees and representatives in accordance with the terms of this Agreement;
(k) not to use the Images or any Sparkol Content to provide any white labelled or competing products or otherwise imply or present the Images or Sparkol Content in such a way as to imply or suggest that we endorse your products or that the Images or Sparkol Content is your own;
 

 

3. UPDATES

Where the Entire SVG Image Collection (Collection) is purchased, for a period of six (6) weeks after the purchase date, you may download any/all updates of the Collection free of charge. The Collection may be downloaded a maximum of five (5) times only.

 

4. YOUR INDEMNIFICATION

You will indemnify us and keep us indemnified against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of your breach of any terms applicable to your use of the Images.

 

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the Images anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Images are licensed (not sold) to you, and that you have no rights in, or to, the Images other than the right to use them in accordance with the terms of this Agreement.

 

6. EXCLUSION OF WARRANTIES

6.1 The Images are provided to you on an "as is" basis. We do not warrant or provide any guarantees that the Images will meet your requirements or fitness for a particular purpose;

6.2 While we have made reasonable efforts to correctly categorize Image content we do not warrant the accuracy of such information;

6.3 Nothing in this clause affects your rights as a consumer.

 

7. LIMITATION OF LIABILITY

7.1 You acknowledge that the Images have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Images meet your requirements prior to purchase.

7.2 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Images for:

(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
7.3 Other than the losses set out in condition 7.2 (for which we are not liable), our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to:
(a) the total SVG-Studio Image fees paid by you up to the date on which the liability arose; or
(b) the total SVG-Studio Image fees paid by you in the previous 6 months; or
(c) £1,000 (one thousand pounds), whichever is the lesser amount. This maximum cap does not apply to condition 7.4.
7.4 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.

7.5 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Images. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Images which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

7.6 Nothing in this clause 7 is intended to limit or exclude your rights if purchasing as a consumer. 

 

8. TERMINATION

8.1 You may terminate this Agreement at any time. There will be no refund for any unused Images.

8.2 We may suspend and/or terminate this Agreement and your right to use the Images immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

8.3 Upon termination for any reason:

(a) all rights granted to you under this Agreement shall cease;
(b) you must immediately cease all activities authorised by this Agreement, and delete all copies of the Images; and
(c) you must immediately pay to us any sums due to us under this Agreement (as applicable);

 

9. COMMUNICATIONS BETWEEN US

9.1 If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Sparkol Limited at legal@sparkol.com or Unit 2 Yeo Bank Business Park, Kenn Road, Clevedon, North Somerset BS21 6UW. We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address if this has been provided to us.

9.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, twenty four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 10.2.

10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

 

11. OTHER IMPORTANT TERMS

11.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.

11.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree to the transfer in writing.

11.3 This Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

11.4 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.5 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.6 Please note that this Agreement, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.