Terms and Conditions

Terms & Conditions

Licensing Terms Of Use

Definitions

When you see the term Image/s, it refers to the collective artwork, motifs, illustrations, patterns, and like items created and owned by Annette F. Brown (AnnetteFBrown.com, DesignStudio.AnnetteFBrown.com, AFBDS) and licensed to you for legal use. 

The following licensing Terms and Conditions (collectively, Terms) form a legal agreement between you, (the licensee) and myself, Annette F. Brown/AFBDS and serve to outline your rights and obligations as the licensee. 

Each license purchased represents one seat (or one user) that is non-exclusive and non-transferable. 

You are granted right to modify Images as outlined below and reproduce Images within the confines of each set of license terms laid out below. 

The Annette F. Brown Design Studio (AFBDS) offers three types of licenses: personal, commercial, and extended commercial. 

Herein Outlines The Terms Of Each:

Personal License

The non-exclusive personal license is strictly for non-commercial use

Reproduction rights cover print, digital, and physical units. Along with a high-resolution (300dpi) JPG file, you will receive a transparent PNG file when a design is created without a background color.)

These files can be used personally for non-commercial digital and physical reproduction on websites, apps, in books, on posters and packaging, promotional marketing materials, software and ebooks.

Commercial License

This license covers commercial use of Imagesup to 500 units.

Along with a high-resolution (300dpi) JPG or PNG file, you will receive the original AI or PSD file, which requires access to Adobe Illustrator or Photoshop in order to edit the Images.

500 units include physical items for resale, such as, posters, apparel, postcards, stationery, home decor, and yardage or meters for resale such as with fabric, and also digital and print usage.

The end product must be significantly modified and not simply a redistribution of purchased images. 

Extended Commercial License

This license covers commercial use for unlimited reproduction.

Along with a high-resolution (300dpi) JPG or PNG file, you will receive the original AI or PSD file, which requires access to Adobe Illustrator or Photoshop in order to edit the Images.

Modification Of Terms

AFBDS reserves the right to modify these terms as necessary at sole discretion, within reason, and will notify you of significant changes to your licensing terms by posting updated terms to this website.

Any term modifications will proactively apply to future purchases.

Upon licensing images, you agree to be bound to these terms. Review of terms and any modifications is suggested prior to purchase. 

Purchase Agreement & Additional Terms

  • Due to the digital nature of these Images, all sales are final and AFBDS does not offer exchanges.
  • All Images are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
  • The end product that the licensee creates must be significantly modified and not simply redistribution of purchased images. One must devote time and expertise to the downloaded Images in lieu of simply redistributing existing Images.
  • If any individual Term of these Terms is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these Terms, so that these Terms shall otherwise remain in full force and effect.
  • If you make modifications or use images in such a context that it resembles that of a third party, you are solely responsible for this use and any claim that a third party may make without any liability on the part of AFBDS.
  • Your usage rights include a single user (or, single seat) license so thank you for not sharing your purchase with anyone.
  • It is expressly understood and agreed that the Terms are entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by these Terms as to third parties.
  • In the event that you breach any of the Terms, AFBDS shall have the right to terminate your account without further notice, in addition to any other rights at law and/or equity. AFBDS shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
  • Licensed Images can be used for more than one project, granted that there is no overlap between the elements used for each project. (For example, if you purchase a set of 10 motifs. The use of these motifs can be divided amongst multiple projects so long as there is no overlap of usage for a given project).
  • If tax payment is required to your local, state, or federal entity, you are expected to make payment as necessary and required by law, whether directly or indirectly, as your sole responsibility.
  • To the maximum extent permitted by law, AFBDS excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Images. Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Images (or equivalent images) again, or the payment of the cost of having them supplied again.
  • You will indemnify and hold AFBDS, and any individuals or entities connected to AFBDS, harmless against any damages or liability of any kind arising from any use of the Images other than the uses expressly permitted by this License. You further agree to indemnify AFBDS for all costs and expenses that AFBDS incurs in the event that you breach any of the terms of this or any other agreement with AFBDS.
  • If you are entering into these terms on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to AFBDS for any breaches of the terms of these Terms.

Prohibited Use For Any License Purchase: 

  • You are prohibited from claiming Images as your own, duplicating patterns and/or images, reselling, or sub-licensing AFBDS products. But credit to AFBDS is NOT required provided Images are used within the terms of your license. 
  • You are prohibited from using Images in a fraudulent, immoral, obscene, illegal, blasphemous, defamatory, or pornographic manner.
  • You are prohibited from registering unmodified Images as a trademark or service mark.
  • You may not use any Images in a manner that infringes upon any third party’s trade mark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

Contact Information

These Terms are governed by and shall be construed in accordance with the laws of the State of Illinois in the United States of America. The law applicable to use of the Images and to disputes arising out of the Images is the state of Illinois in the United States of America.

If you have any questions or concerns, please contact Annette F. Brown with your order number, inquiry, and contact information at: hello@annettefbrown.com.

For exclusive licensing and commissioned patterns and illustrations, you can contact Annette here to discuss your project. 

To view exclusive collections, please request access, here

LAST UPDATED: July 15, 2019


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