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License Agreement for Soulful Art Image Licensing

SOULFUL ART IMAGE LICENSING
IMAGE LICENSE AGREEMENT

LAST UPDATED: July 2021

By downloading content from the Soulful Art Image Licensing website, you hereby accept and agree to the terms of this agreement, which constitute a legal agreement between you and SAIL.

This is a license agreement between you and Soulful Art Image Licensing (SAIL) which grants you the right to download and use images from this site, as well as create an account for such purposes, in accordance with the Usage Guidelines and this License Agreement. By downloading content from this site, you are acknowledging that you have read, understood, and agreed to all the terms listed in this License Agreement.

Soulful Art Image Licensing grants you a non-exclusive, non-transferable license to download, use, publish, and display content according to the terms and conditions of this agreement.

  1. Types of licenses offered by Soulful Art Image Licensing . SAIL offers three types of license models: (1) single use and (2) unlimited usage for a 12 month period, and (3) a Custom License for commercial, long-term, and other uses.
         A.  A single use license means you may download a single image for one-time use according to the Usage Guidelines. This license does not include  the right to reproduce the image on products for sale or use in logos.
         B.  Unlimited usage for a 12 month period, also called the “All Access Pass,” allows you to download an unlimited number of images during a 12 month period for use according the Usage Guidelines. At the end of the 12 month subscription period, you no longer have the right to use these images and must renew your license for another 12 months in order to use these and/or additional images. This license does not include the right to reproduce the image on products for sale or use in logos.
         C.  A Custom License is available for certain uses, including commercial and marketing purposes, which fall outside the parameters of allowable uses outlined in Section 2 below. The Custom License is not available on the website. See Section 4 below for more information.
    D.  Complimentary license. When you sign up for the SAIL monthly newsletter by providing your name and email, SAIL in turn provides you with one free image license, (to be used according to the Usage Guidelines).
  2. Use of licensed content. You may use licensed content in any way consistent with the rights granted below and not restricted (see Section 3, Restricted Uses, below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Soulful Art Image Licensing are as follows:
         A.  Standard Uses: You may use the images in temporary publications and presentations including church bulletins, PowerPoints, banners, annual reports, newsletters, flyers, and similar uses, which are not products for resale.
         B.  Exceptions: You may use an image for a personal, one-time use in a Zoom background or screen saver, or as an image on your website to enhance your content and message. These uses are considered a “one-time use” and will not expire after 12 months and may be used in perpetuity by a single user but are not transferable to another user.
         C.  Non-Exclusive Use: You do not have exclusive rights to use of the content. Soulful Art Image Licensing can license the same content to other users.
  3. Restricted Uses.
         A.  No Unlawful Use: You may not use this content in connection with or for pornographic, obscene, defamatory, or unlawful uses.
         B.  No Commercial Use of Content: You may not use content for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose, unless specific permission is granted through a Custom License. Contact permissions@soulfulartimagelicensing.com for inquiries. See Section 4 below.
         C.  No Alteration of Content. Content may not be altered or used in the creation of derivative art work. Incidental cropping is allowed if necessary but the integrity of the image must be maintained.
         D.  No Third Party Users. You may not resell or provide content in any way that allows others to download, extract, sub-license, or redistribute content. You may not sell or share your account with others at any time.
         E.  No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up of licensed content. You cannot create artwork based on licensed content or claim you are the author.
         F.  No unauthorized access to content. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download content from this website at any time.
         G.  No trademark or logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo.
  4. Additional Uses: only with a Custom License. The following uses are prohibited unless permission is granted from Contemporary Spiritual Art with the purchase of a Custom License. The Custom License is not available on the website. For information about a Custom License for your project, contact permissions@soulfulartimagelicensing.com.
         A.  On Demand Products. Unless you purchase a Custom License, you may not use content in connection with “on demand” products (e.g., products in which a licensed image is selected by you or a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, or similar items (this includes the sale of products through custom design websites, as well as sites such as zazzle.com and cafepress.com). Many of these items are already available at retail on pollycastor.pixels.com.
         B.  Electronic Templates. Unless you purchase a Custom License, you may not use content in electronic or digital templates intended for resale or other distribution, sold separately or in a collection, or an automated shopping system (for example, website templates, business card templates, electronic greeting card templates, brochure design templates, and similar uses).
  5. Users of licensed content. The rights granted to you are non-transferable and non-sub-licensable, meaning that you cannot transfer or sub-license them to anyone else. There are two exceptions:
         A.  Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on whose name is on the account. In other words, if you purchase an image license, only one of you (and not both) is granted a license to use the images.
         B.  Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
  6. User Accounts. You are responsible for tracking all activity for you user account.
         A.  You agree to (1) maintain the privacy and security of your password and username; (2) notify Soulful Art Image Licensing immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under your user account.
         B.  Monitoring. SAIL reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If SAIL determines that you are in breach of this or any other terms of an agreement with SAIL, it may investigate, suspend access to, or terminate your account and seek further legal remedies.
         C.  Termination. If your account is terminated for any violation of this Agreement and/or abuse of your user name or password, and/or content, you lose all rights to SAIL content, and you must IMMEDIATELY delete any and all content obtained prior to this termination, and forfeit all fees paid.
         D.  Age of Majority. You warrant and attest that you are 18 years or older.
         E.  You further agree that you fully understand the contents, meaning, and implications of this agreement. You will not use SAIL content in any way that is not permitted in this Agreement or in violation of this Agreement and that your use of this content will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to SAIL is accurate and true, including and without limitation all credit card information.
  7. Intellectual Property Rights.
    Ownership of content.
    All images and content on this site is owned and copyrighted by Polly Castor. All rights not expressly granted in this agreement are reserved by the artist. Any unauthorized use of content is an infringement on said copyright.
  8. Attribution.
         A.  Printed materials. In using content in printed materials, such as a church bulletin, you agree to credit the artist in the following way:
    “Title of artwork  © Polly Castor  SoulfulArtImageLicensing.com”.
    B.
      Power Point/Video.  If you use an image in a PowerPoint or other projected presentations, you do not need to include a credit line with the image but adding it to the end credits of the presentation is appropriate.
         C.  Commercial/Editorial. You do not need to include a photo credit for commercial use in conjunction with a Custom License, but if you are using content for editorial purposes, you must include a credit adjacent to the content or in production credits. The credit should be as follows:
    Title of artwork  © Polly Castor  SoulfulArtImageLicensing.com”.
  9. Fees and Renewal. Upon expiration of the 12 month subscription term, also known as the All Access Pass, if your subscription is set to AUTOMATICALLY RENEW, you authorize Soulful Art Image Licensing to charge and you agree to pay, the applicable subscription fees at the then applicable rate and taxes for the subscription according to your payment information on file. You may change your auto-renewal preferences in your SAIL account. SAIL may deactivate your subscription without prior notice if SAIL is unable to complete a transaction through the payment information provided by you.
  10. Termination/Refunds
         A.  Termination. Soulful Art Image Licensing may terminate this agreement at any time if you are in breach of any of the terms of this or any other agreement with SAIL, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to SAIL in writing that you have complied with these requirements.
         B.  Refunds. Soulful Art Image Licensing does not offer refunds. Once you have downloaded content, there is no way to return it or verify it has not been used. Your decision to download content includes the understanding that there is no refund.
  11. Representations and Warranties. Soulful Art Image Licensing makes the following representations and warranties:
         A.  Warranty of Non-Infringement. For all licensed content SAIL warrants that your use of such content in accordance with this agreement and in the form delivered by SAIL will not infringe on any copyrights or moral rights of Polly Castor, the content owner/creator.
         B.  No Other Warranties. SAIL content is provided “as is,” without representation, warranty, or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. SAIL does not represent or warrant that the content or this website will meet your requirements or that use of the content or websites will be uninterrupted or error free. SAIL makes no representation or warranty that your usage of SAIL content will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access SAIL, you do so at your own risk.
         C.  Indemnification/Limitation of Liability.
    …  .  ….1.
      Indemnification. You agree to defend, indemnify, and hold harmless Soulful Art Image Licensing, its directors, officers, employees, and any other entity associated with SAIL, and each of its successors, from any and all claims, damages, liabilities, losses, and expenses, including legal costs and attorney fees, arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with SAIL; and (iii) your failure to obtain any required release for your use of content.
              2.  Limitation of Liability. SOULFUL ART IMAGE LICENSING WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, THE ABILITY OR INABILITY TO USE THE CONTENT. SAIL , ITS EMPLOYEES OR RELATED PARTIES, WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES TO EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING AND USING SAIL CONTENT.
  12. Acknowledgement. You acknowledge that this agreement constitutes the entire understanding between you and Soulful Art Image Licensing, and there have been no warranties, representations, covenants, or understandings made by you or SAIL, except as expressly set forth in this Agreement. Any modifications to this agreement shall be communicated by email, with the address on file with your account, and agreed to by both you and SAIL. You may decide not to agree to updated versions of this Agreement, and in such case, you acknowledge that your account and your right to use the content will be terminated. You and SAIL agree and fully acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous Agreements or contracts, whether written or oral, entered into between you and SAIL, in regard to the conditions set forth in this Agreement.