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Licensing

  • Licensing Terms and Conditions

    If you download any content which was created by The Agile Artist...

    • whether it was created for your personal use or for the use of many
    • whether as an image, text, PDF, or any other format
    • whether from theagileartist.com or any other website
    • and whether it was a paid or free product...

    ... you are agreeing to comply with, and be bound by, the following terms and conditions of use, which include the "Licensing Terms & Conditions" section, as well as every section and policy listed on this website.

    Definitions
    Throughout these policies, the following terms and definitions will be used.

    • "This website", "we", "us", and "our" refer to The Agile Artist.
    • "You", "your", and "yours" refer to you, the user or viewer of this website.
    • "Artwork" refers to any downloadable content provided by us for your use, including, but not limited to: images, text, e-books, and product bundles.
    • "Other projects" refers to any use outside of your request and our delivery of a service provided by us.
    • "Outside sources" refers to anyone who is not you or us, including, but not limited to: employees, coworkers, outsourcers, friends, and family.
    • "Non-transferable" means that, unless stated otherwise within the following conditions of use, you may not share, sell, distribute, rent, redistribute, load, give away, sublicense, or otherwise transfer artwork or the right(s) to use artwork. All rights and licenses apply to only one (1) natural person, you.

    License/rights Allocation
    By purchasing artwork, you receive a non-exclusive, non-transferable worldwide right to use it an unlimited number of times within the scope of the purchased license.

    However, unless stated otherwise within the following conditions of use, we do not abdicate any ownership or intellectual property rights to the artwork. Those rights remain with us. You are only allowed the rights granted in your purchased license.

    You also agree to take all commercially reasonable steps to prevent outside sources from duplicating artwork. If you know about any unauthorized duplication of artwork, please notify us via email at support@theagileartist.com.

    Copyright Notice
    If purchased artwork is reproduced in mass media (published on a blog or website, in a magazine, in a newspaper, or on television), a copyright notice must be displayed next to, or underneath, the artwork. This notice must contain the following text: " The Agile Artist (http://theagileartist.com)".

    User Name and Password
    To obtain rights and licenses to artwork, you may be required to obtain a user name and password. Your user name and password are ONLY to be used by you, and we reserve the right to monitor accounts and take appropriate actions to stop users from sharing their login information.

    Payment Requirements
    Your rights/licenses are subject to this agreement, and are conditioned upon you making any necessary payments to The Agile Artist for your acquisition and use of the artwork. If you fail to make any payment when due, or if any payment is dishonored, or if any credit card or digital currency charge is refused or charged back, your account will be marked as delinquent.

    If your account becomes delinquent, your rights and licenses to use the artwork which was accessed due to the failed payment will automatically terminate, unless the following payments (where applicable) are received by The Agile Artist within fifteen (15) days from the date that your account became delinquent:

    • the original amount of the failed payment
    • a $10 penalty fee
    • collection costs
    • bank charges
    • credit card processing fees
    • other processing fees
    • any other financial fees or damages caused by your initial failed payment
  • Services: Consulting

    Client Contributions
    You will provide your own personnel and third-party contractors to work with us, as required, and will provide necessary information, management, and cooperation so that the consultation can be successfully achieved. You acknowledge that insufficiency on your part with respect to the provision of adequate personnel, third party contractors, information, management, cooperation, or other reasonable requests may impact the timing and fees of the consultation.

    Payment
    All known payments will be made up front, before beginning any consultation service. If additional payments are necessary throughout the length of the service, those payments must also be made before their corresponding work can begin.

    All payments will be made through the payment system on TheAgileArtist.com, unless otherwise agreed upon by both parties. If, for whatever reason, there are additional fees associated with the payment of a service, you agree to pay those fees, and that those fees will not come out of your payment to us.

    Likewise, if, for whatever reason, there is an outstanding balance for a service, a 5 percent (5%) weekly charge will be added to the outstanding balance. You agree to pay this charge. You also acknowledge that insufficiency on your part with respect to the provision of adequate personnel, third party contractors, information, management, cooperation, or other reasonable requests may impact the timing and fees associated with the fulfillment of the service.

    To view out refund policy, please click here.

    Additional Expenses
    You agree to indemnify and hold us harmless against any and all liabilities, damages, claims, costs, and expenses, including attorney's fees, following or resulting from your consultation service. You also agree to reimburse us for any additional expenses, including (but not limited to) messengers, travel, and transportation needed to successfully accomplish the consultation.

    Cancellation
    If you order a service, and cancel it before it has been completed, we will retain the payment for that service. Any exceptions will be determined on a case-by-case basis.

    To view out refund policy, please click here.

    Employment
    It is understood that we are an independent contractor, and are neither an employee nor an agent of, or on behalf of, you or your company.

    Miscellany
    You understand that all Licensing and Service Terms on The Agile Artist are binding upon you, your counterparts, heirs, successors, assigns, and personal representatives. Any disputes will be arbitrated in San Jose, California under the rules of the American Arbitration Association and the laws of California. All Licensing and Service Terms shall be governed by the laws of the State of California, and courts of such state shall have exclusive jurisdiction and venue.

  • Services: Artwork Rights

    Upon the documented completion of your ordered service, you will receive all rights to the finished piece of artwork, including any electronic rights or usage, with the following exceptions:

    • We retain the right to display the artwork in our portfolio and for self-promotion.
    • You do not have the right to:
      • use the artwork (in whole or in part) as a trademark, service mark, or logo, unless that specific right is purchased along with the original service
      • resell the artwork as-is or without incorporating it into a non-bundle product (book formatting excluded)
      • give away or sell commercial or resale rights to the artwork
      • deconstruct or recreate the artwork
      • use only pieces of the artwork, whether you separate the pieces yourself or use an element from the creation of the artwork. The artwork must remain whole.
      • make the artwork available on a digital asset management system, shared drive, file sharing website, or the like for the purposes of sharing or transferring it
      • use the artwork in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition
      • use the artwork on a social media platform or other third party website which claims to acquire the rights to the Image as a result of such use. If requested by The Agile Artist, you shall immediately remove any Images from such platform or website.
      • use the artwork in a manner that competes with The Agile Artist's business
      • use the artwork in a way that depicts any person in a way that a reasonable person might find offensive, which includes, but is not limited to:
      • uses related to pornography, "adult videos", adult entertainment clubs or similar venues, escort dating or similar services, sexual or implied sexual activity or preferences, or the like
      • ads for tobacco products
      • in connection with political endorsements or advertisements where it could be interpreted that the person in the advertisement is endorsing the item or product on display in the advertisement
      • in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products
      • uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
      • uses related to mental and physical deficits, crime, or physical or mental abuse or ailments
      • used as part of or in conjunction with SPAM mailings and advertisements

    Examples:

    • If you have an image of an ice cream sundae, you may not choose to cut out the cherry and use that cherry in other projects or to be given to outside sources.
    • If you have a Photoshop file for the aforementioned ice cream sundae image, you may not use, give away, or save out for use, any of the images on the layers without combining them (in their original order and condition) with all of the other included layers.
    • If you order a service which requires text, and we create that text (you did not supply it to us), you may not separate, copy, or retype that text to use in other projects or to be given to outside sources.
    • If you purchased keyword research, you may use the individual keywords in your articles and on your website. However, you may not copy, retype, or redistribute the list or any part of it to be used in other projects or to be given to outside sources.
    • If you are given a list or legal document as part of a service, you may not alter, remove, or replace the text on the document and use it in other projects or to be given to outside sources.

    If you would like to obtain any of the excluded rights listed above, it will require an additional fee (to be determined by us) and consent from both us and you.

    If the completion of the service does not come to pass or is not documented, we will retain all rights to the finished artwork.

    Revisions and Redos
    A revision is a small change to the artwork, consisting of no more than 15 minutes worth of working time. The number of revisions included in a service is listed in the description for that service. Additional revisions must be purchased each time you request us to do an additional 15 minutes of work past what you originally paid for when ordering the service.

    A redo is when you request that we change at least 50% of the artwork (based on the creation pipeline for the artwork, not the visual appearance of the artwork). Redos must be purchased. Purchasing revisions will not buy you a redo.

    The cost of both revisions and redos may vary from service to service. You must purchase the revision and/or redo that corresponds with the service that you originally ordered, or it will not count towards your service. Any exceptions will be determined on a case-by-case basis.

    Payment
    All known payments will be made up front, before beginning any work corresponding to those payments. If additional payments are necessary throughout the length of the fulfillment of the service, those payments must also be made before their corresponding work can begin.

    All payments will be made through the payment system on TheAgileArtist.com, unless otherwise agreed upon by both parties. If, for whatever reason, there are additional fees associated with the payment of a service, you agree to pay those fees, and that those fees will not come out of your payment to us.

    Likewise, if, for whatever reason, there is an outstanding balance on an ordered service, a 5 percent (5%) weekly charge will be added to the outstanding balance. You agree to pay this charge. You also acknowledge that insufficiency on your part with respect to the provision of adequate personnel, third party contractors, information, management, cooperation, or other reasonable requests may impact the timing and fees associated with the fulfillment of the service.

    To view out refund policy, please click here.

    Additional Expenses
    We are only responsible for making the delivery of the artwork possible, and we will not be held responsible for any potential costs following the delivery of that artwork. You also agree to reimburse us for the following expenses: messengers, models, props, travel, proofs, and transporting digital storage objects (CDs, DVDs, USB sticks, etc.).

    Cancellation
    If you order a service, and cancel it before it has been completed, we will retain the payment for that service. Any exceptions will be determined on a case-by-case basis.

    Credits and Copies
    If you and we both agree that a credit line is to be presented with the artwork, you agree that a credit line suitable to the design of the artwork will be used. You also agree to pay an additional fifty percent (50%) of the total of the original service fee for failure to include a credit line.

    The credit line is required independently of our signature, which will be included at our discretion unless otherwise agreed upon. You also agree to provide us with ten (10) sample copies of any printed material.

    Original Art
    Any original, physical artwork remains our property unless otherwise expressed and agreed to by both you and we. You are responsible for the return of the original artwork in an undamaged condition within thirty (30) days of its first reproduction.

    Permissions and Releases
    You agree to indemnify and hold us harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials which were supplied to us by you for use on your behalf and/or that we used at your request, for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

    Employment
    You understand that we are an independent contractor, and are neither an employee nor an agent of, or on behalf of, you or your company.

    Miscellany
    You understand that all Licensing and Service Terms on The Agile Artist are binding upon you, your counterparts, heirs, successors, assigns, and personal representatives. Any disputes will be arbitrated in San Jose, California under the rules of the American Arbitration Association and the laws of California. All Licensing and Service Terms shall be governed by the laws of the State of California, and courts of such state shall have exclusive jurisdiction and venue.

  • Shop: Individual Files

    For the duration of this section, "file" refers to any and all files downloaded with the purchase of an individual item from the shop (not a bundle, e-book, or informational product).

    When purchasing such a product, you will have the choice of buying a standard use license or an extended use license. The extended use license will allow you all of the uses that come with the standard use license, as well as giving you additional rights to the file.

    The license that you will need is determined by your intended use of the file, which can be found by referencing the chart below.

    You are only allowed to use your purchased file in the ways described in the chart regarding your intended use and chosen license. Using your copy of the file in any way not listed in the chart is prohibited, and may result in legal action being taken against you.

    If your intended use is not listed on the chart below, please contact support@theagileartist.com, and tell us what you would like to use the file for. Based on your intended use, we will tell you which license you'll need.

    Do not assume that just because your intended use is similar to one that is listed, that the license requirements will be the same. Always ask if you are not 100% sure to guarantee that you are legally covered.

    No matter which license you purchase, you are never allowed to do the following:

    • give or sell the file to outside sources (whether by itself, in a bundle, as part of a membership site, or by any other means)
    • use the file in a template which will be distributed to outside sources (for free or paid)

    When referencing this chart, please take note the following definitions:

    • Personal Use: You can only use the file for personal projects. You will not make money by using the file, either directly or indirectly, and it will not be used in anything created for outside sources.
    • Commercial Use: You can use the file for personal projects and/or in a way that might make you money, either directly or indirectly, but the file cannot be used in anything created for outside sources.
    • Client Use: You can use the file for personal projects and/or in a way that might make you money, either directly or indirectly. The file may also be used in what you create for outside sources.
    • Free Distribution: You can incorporate the file into something that you will give away for free. No currency can be exchanged to obtain this, ever.
    • Paid Products: You can incorporate the file into something that you will give away for free and/or into something that outside sources will have to pay to gain access to.
    • n/a: Not Applicable - The file cannot, and/or may not, be used in this way.
    License Chart
  • Shop: Bundles

    For the duration of this section, "bundle" refers to any and all files which have been packaged with other, similar files to create 1 product. For example, a product made up of 50 graphics would be considered a graphics bundle, and a product that consisted of 3 e-books would be considered an e-book bundle, etc.

    When purchasing a bundle, you might have the choice of buying a standard use license or an extended use license. The extended use license will allow you all of the uses that come with the standard use license, as well as giving you additional rights to the bundle.

    The license that you will need is determined by your intended use of the bundle.

    • Standard License: This license allows you to use the bundle in personal projects. You may also use the bundle to make money indirectly (such as a button graphic on a sales page), but it cannot be used in anything which will be given or sold to an outside source.
    • Extended License: This license allows you to use the bundle in personal projects and/or in a way that might make you money, either directly or indirectly. It can also be used in free and paid projects, and projects created for outside sources.

    No matter which license you purchase, you are never allowed to do the following:

    • give or sell the bundle to outside sources (whether by itself, in a different bundle, as part of a membership site, or by any other means)
    • use the bundle in a template which will be distributed to outside sources (for free or paid)

    You are only allowed to use the bundle in the ways described by your chosen license, and with the exceptions listed above. Using your copy of the bundle in any way that has not been covered by your purchased license is prohibited, and may result in legal action being taken against you.

  • Shop: E-books, Information Products, and Courses

    E-books, information products, and courses are for personal use only. You may not sell, rent, or give them to outside sources, in part or in whole, under any circumstances unless it is stated that you are allowed to do so within the license that is included in the product itself.

  • Free Products

    Anything that is created by us and made available for you to download for free can be used for personal use only. You may not sell, rent, or give it to outside sources, in part or in whole, under any circumstances unless it is stated that you are allowed to do so within a license that is included in the product itself.

  • Membership Products

    For license definitions, please reference the definitions section in "Shop: Individual Files", above.

    Free
    Anything that is created by us and made available for you to download for free can be used for personal use only. You may not sell, rent, or give it to outside sources, in part or in whole, under any circumstances unless it is stated that you are allowed to do so within a license that is included in the product itself.

    Silver
    Any product made available through a paid Silver membership level may be used for commercial use and paid products.

    Gold
    Any product made available through a paid Gold membership level may be used for client use and paid products.

This website is currently in development (alpha). Please make all purchases through cjohnson@theagileartist.com.