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Go to the shopSWEETPNG Market LICENSE (“License“)
ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF ANY PRODUCT OR SERVICE OF SWEETPNG MARKET.
This License is an agreement between SWEETPNG Limited (“SWEETPNG“) conducting business or transactions through and as SWEETPNG.COM (“the Site”) and the user (“You“) who downloads Content (as defined below) from any of the Site. You may not allow anyone else to use your username or password. Each use/activity/transaction originating from Your username/account will be attributed to and, be held responsible by You, regardless of whether such use/activity/transaction was known to or approved by You. You must not use any automated means to access, log-in or register accounts on the Site.
You understand that the Content is copyrighted and may be owned by a third party, partner/contributor or supplier, and any unauthorized use by You may be an infringement of such copyright. We reserve the right to amend, change, alter, substitute or otherwise modify the terms and conditions of this Agreement (and other terms and conditions, guidelines or policies at the Site) at any time (“Update“). Each Update will be dated and indicated on the Site, and such indication shall serve as effective notification to You. Continued (i) download of Content from the Site (or receipt of Content from SWEETPNG or its approved affiliates, upon request); or (ii) registration of user account, after two (2) weeks of such Update will constitute your unconditional acceptance of the Update.
You have agreed to be bound by the terms and conditions of this Agreement and by downloading any of the Content from SWEETPNG, You acknowledge that You have read, understood, and accepted the terms and conditions of this Agreement.
If You are purchasing on behalf of a licensee (“Licensee“), You hereby represent and warrant that You are authorized to act on behalf of such Licensee and have full authority to bind the Licensee to this Agreement. If the Licensee fails to abide by the Agreement, You shall be personally and fully liable on a joint and several basis for such failure and any resulting damage or claim. For the purpose of this Agreement, all terms and conditions of the Agreement as applicable to You shall apply equally to the Licensee (as the case may be).
Subject to the terms herein, SWEETPNG grants You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable sub-license/license to use, Reproduce, modify, publish and display downloaded Content according to the terms and condition of this Agreement.
For the avoidance of doubt and clarity, in the event, if the Content is to be used by multiple users within your organisation then You shall purchase the Content based on how many users shall be using it. For example, if there are five (5) designers within your organization who wish to use the Content then You will be required to purchase five (5) of those Content thus obtaining five (5) individual licenses for the use of the Content by your respective designers.
This Agreement only allows the creation and registration of a Single User Account. You may not allow anyone else to use Your username or password.
Permitted uses include the use, modification, Reproduction and/or display of Content (in each case, without any rights of resale) in relation to the following Licensed Works:-
Uses |
Examples of Licensed Works |
Allowed |
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Not Allowed |
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Image Requirements |
Watermarking: I do NOT REQUIRE your product images with SWEETPNG designs to be watermarked, however when uploaded online they do need to be placed on a mockup and uploaded at no greater than 72dpi, 1500 x 1500. I also recommend using a watermark for your own branding purposes. Product Images: You MAY use my product images to share with your customers to gauge interest in a design. Our product images must remain with our branding or add your own. This protects both your product and my design work. |
To facilitate Your use of Content to Reproduce Licensed Works, You may also:
Other than as specifically permitted in paragraphs 7 and 8 herein, You may NOT:
RESTRICTIONS |
MEANING |
Sublicense, sell or transfer any rights in License |
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Sell, share, license, assign or distribute the Content |
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Infringe SWEETPNG’s Intellectual Property Rights |
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Extract Content Illegally |
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Use Content Illegally or in a way that would bring SWEETPNG into disrepute |
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Use Content to Derogate Persons / Property |
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Resell Licensed Works |
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You understand and agree that SWEETPNG may, in its sole discretion:
This License is effective until it is terminated. You can terminate this Agreement by:
SWEETPNG can terminate this Agreement without notice to You if You fail to comply with any of the terms and conditions of the Agreement. Upon such termination, You must immediately carry out paragraphs 11(a) and (b) above with or without further notice by SWEETPNG and confirm in writing to SWEETPNG that the foregoing requirements have been completed.
You agree that neither SWEETPNG nor their respective affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than You), shall be liable for any general, punitive, special, incidental, indirect or consequential damages or loss of profits or any other damages, costs or losses arising from any use or non-use of the Content even if such parties have been advised, or advised of the possibility, of such damages.
THE CONTENTS AND SITE ARE PROVIDED “AS IS, AS AVAILABLE, WITH ALL FAULTS” BASIS AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AI powered designs are in use in some designs. AI-generated art is used as a starting point by our human artists by utilizing text prompts that are converted into digital graphics to enhance creative expressions and for subsequent creative refinement. Any likeness or resemblance to existing art is unintentional and incidental as each text prompt is crafted to be unique. Hand drawn corrections are made by and not limited to the following: flaw corrections, retouching, details and elements are added, background removed, color profile corrections, images are upscaled using additional graphic softwares to create a final digital product for end consumer use.
13 Licensee Indemnity.
Notwithstanding anything to the contrary in this License, You agree to fully defend, indemnify and hold SWEETPNG and its officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with SWEETPNG and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys’ fees and expenses, arising in connection with Your use of the Content and the Site or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in this License.
Provided that You have not breached the terms of this License, SWEETPNG agrees to defend, indemnify, and hold You harmless up to the Liability Cap (defined below). Such indemnification shall only apply to claims for damages directly attributable to SSWEETPNG’s breach of the warranties and representations in this Agreement, together with the expenses (including reasonable attorneys’ fees), arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of unaltered Content downloaded and used by You pursuant to this Agreement violate SWEETPNG’s warranties and representations contained herein. This indemnification is on the condition that You give SWEETPNG:
SWEETPNG shall not be responsible for any claim settled without SWEETPNG’s consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
SWEETPNG’s maximum aggregate obligation and liability to You for all claims (assessed collectively) under paragraph 14 shall be limited to zero Dollars (US$0.00) or the total amount of the license fees paid by You for the Content whichever the lower (“Liability Cap“).
You shall be entitled to license the Content at the rates and/or pricing as per check out. This rate and/or pricing may be reviewed and amended by SWEETPNG from time to time, in its sole discretion.
The representations and the warranties made by SWEETPNG in this Agreement apply only to the Content as delivered by SWEETPNG and will be invalid if the Content is used by You in any manner not specifically authorized in this Agreement or if You are otherwise in breach of this Agreement.
This Agreement shall be governed by the laws of Singapore, without regard to the conflict of laws principles.
All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these Rules. The number of arbitrator shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to SWEETPNG such that damages and remedies under Singapore Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Singapore, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.
You shall not assign Your rights or interests under this Agreement to any third party without the SWEETPNG prior written consent in each instance; except that You may assign Your rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of You, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which You participates, or (iii) to the purchaser of all or substantially all of the assets of You, provided such assignee agrees to assume in writing such Your rights and obligations under this Agreement.
Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
This Agreement constitutes the entire agreement between You and SWEETPNG regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intention. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.
You have agreed and reaffirm Your agreement to this License electronically by downloading the Content.