Personal Art Licensing Agreement
This Personal Art Licensing Agreement (the “AGREEMENT”) is entered into effect on the date of purchase between Janelle Quibuyen DBA Make Look Good (“ARTIST”) and the purchase (“CLIENT”). For every image purchased and downloaded, the Artist grants you a personal, non-commercial, license for a single user which is non-exclusive, non-transferable and revocable.
Scope of this Agreement
This Agreement applies to all images and artwork by the Artist and delivered to the Client. This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights
All images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the images only for the agreed upon terms as set forth in this Agreement. Images used for any purpose not directly related outside of those terms, must be with the written permission of the Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice ©, 2) the Artist’s signature, and/or 3) other copyright and ownership information embedded in the metadata or elsewhere. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.
Relationship of the Parties
The parties agree that Artist is an independent contractor, and that neither Artist, nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Terms of Use
Client purchasing and downloading images are for non-exclusive, non-commercial, personal use only for a single user which is non-exclusive, non-transferable and revocable.
Permitted Use
This Personal Art License allows the Client to use the images for any personal use that complies with our Standards (see examples below). Client is able to reproduce and edit the original image as necessary for personal use. For example, Client may use the images to:
create artwork for the home,
print onto items for personal use,
tattooing the images on their body,
add them to a personal blog or use them on personal social media with proper credit to 1) @phatlip, 2) Janelle Quibuyen, and/or 3) Make Look Good.
Unpermitted Use
This Personal Art License is a non-commercial license which does not allow any business use. This means you can not use the images in any products or services you sell or trade or in any advertising or promotions for these. Client is NOT allowed to:
sell or redistribute the images,
print onto items for commercial use,
make the images available in a format that allows others to access or reproduce them,
use as a whole or part of a logo,
transfer use to others,
add the images to any stock image site,
claim the images are your own work,
or beyond any scope beyond what is expressly written.
In addition, Client agrees to not use the images in connection with any communication, document or material which:
is defamatory of any person, obscene, blasphemous, offensive, hateful, inflammatory, or promotes or uses violent or sexually explicit material or pornography,
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
infringes any copyright, design right, database right or trademark of any other person, or breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence,
promotes any illegal activity or advocates, promotes, incites any person to commit, or assist any unlawful or criminal act, or is in contempt of court, or is likely to deceive any person,
may be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or is likely to harass, upset, embarrass, alarm or annoy any other person.
If you would like to purchase an extended or commercial use license of the images, please contact
Delivery
Artist delivers images as only available for purchase and download online. Artist is not obligated to provide Client with images larger than 9x9” at 300DPI or any other format than what is available for purchase and downloadable online. In no event will Artist be liable for poor reproduction quality or consequential damages.
Fees
All fees and expenses payable under this agreement are required upon use and purchase of images. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide the Artist with a written statement that all images have been removed and destroyed.
No Exclusivity
This Agreement does not create an exclusive relationship between the parties. Artist is entitled to offer and provide the images to others, solicit other clients and otherwise advertise the images offered by Artist.
Transfer and Assignment
Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
Indemnification
Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client's responsibility to obtain the necessary model or property releases to ensure they are full effect and in force.
General Law/Arbitration
This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Washington. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in the State of Washington, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability
If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver
No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Personal Art Licensing Agreement to be duly executed as of the date of purchase by the Client. By clicking on the terms & conditions of this art license agreement, you are acknowledging you have read and agreed to the above terms upon purchase of the images.