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MISTERELEMENTS.COM ART USAGE LICENSE AGREEMENT

This agreement applies to collections by MisterElements and collections by Blue67.

created 10/11/2007, updated 1/8/2010, updated 2/25/2010, updated 4/20/10, this version 2/2/2014

Please note that usage of MisterElements content for books, book covers, magazines, newspapers, video, and theatrical presentations is now covered under the Unlimited License as of 2/25/2010. Sets bought with the Standard License for above usage prior to 2/25/2010 will continue to be honored.

Please note that due to popular demand, using MisterElements Content for APPS is now permitted as part of the Unlimited License.

If you have any questions about which usage your project requires, please contact info[at]misterelements.com.

MisterElements.com
Blue Foliage, Inc.
USAGE LICENSE AGREEMENT

1) This agreement is between the owners of Blue Foliage, Inc. and You (the "User"), who licenses and downloads digital art ("Content"). For the purpose of this agreement, "Content" is defined as any art or image owned by either Erik DePrince (“MisterElements”) or Jess Volinski (“Blue67Design”) of Blue Foliage, Inc. that has been made available for download. By downloading Content, You agree to be bound by the Terms and Conditions of the Agreement. By purchasing and downloading Content you are accepting and agreeing, either for yourself or on behalf of your employer, that you have read, understood, and accepted the Terms and Conditions of this Agreement. If you do not agree with the Terms, You are not allowed to download any Content.

2) You may not share the downloaded materials with anyone else (except in the case of the Unlimited License which allows up to 5 members of Your organization to use the Content, see section 5b below). You may make your own backup copies as necessary but these personal copies may not be distributed in any way or sold.

3) All copyright and intellectual property rights to the Content are retained by Erik DePrince (“MisterElements”) or Jess Volinski (“Blue67Design”) of Blue Foliage, Inc. You may not use the Content as part of a business name or in any logo or part of any trademark. You may not attempt to copyright or trademark any of the Content. In the event that you create a derivative work based on any of the downloaded images, all rights in and to such Images shall continue to be owned by Erik DePrince/Jess Volinski and is subject to your rights to use such Image(s) according to the terms set forth in this license agreement.

4) We hereby grant You a non-exclusive, non-transferable license to use, modify, publish, and reproduce the Content in accordance with the Terms and Conditions explained below. By purchasing and downloading Content from this website, you agree to be bound by the Terms and Conditions of this Agreement.

5) TERMS AND CONDITIONS
You agree to use the Content under the following Terms and Conditions:

a) STANDARD LICENSE (Personal Use, Non Commercial) Terms and Conditions:

Permitted uses-
You may use the Content on MisterElements.com for the following purposes, provided that you do no violate the rights of any third party:
• You may use the Content for printed advertising and promotional projects (not for re-sale). This includes promotional packaging for product mockups, printed materials, flyers, presentations, commercials, catalogues, promotional postcards (not for re-sale), mailers, brochures, promotional greeting cards (not for re-sale).
• You may use the Content in digital format on websites, online or electronic publications, multimedia presentations, cell phones, broadcast film/video.
• You may use the Content for prints and posters for personal or promotional non-commercial uses (not for re-sale or distribution) to decorate your home, office, school, public space, or restaurant.
• You may use the Content for personal non-commercial (not for sale) uses such as party invitations, school projects, t-shirts, etc.
• You may use the Content as part of a corporate identity, including letterheads, web banners, and corporate documents. (However the Content cannot be used as part of any logo or part of any trademark).

Prohibited Uses-
You may not use the Content on MisterElements.com in the following ways:
• YOU MAY NOT RE-SELL THIS CONTENT ON ANY OTHER MICROSTOCK WEBSITE OR WITH ANY STOCK AGENCY. YOU MAY NOT RE-SELL OR SUB-LICENSE THIS DIGITAL CONTENT WHATSOEVER.
You may not use the Content as part of a business name or in any logo or part of any trademark. You may not attempt to copyright or trademark any of the Content.
• You may not claim ownership over the Content. All Content is owned by either Erik DePrince (MisterElements) of Jess Volinski (blue67design) of Blue Foliage, Inc.
• You may not use the Content in electronic items for resale such as web templates, wallpapers, digital scrapbooking products, screen-savers, e-cards, or similar products that You intend to sell or distribute.
• You may not distribute the Content in any form, electronically or in hard copy, except for making personal backups.
• You may not create printed reproductions for re-sale.
• You may not use the Content in any print project where the number of copies would exceed 250,000.
• You may not use the Content to create physical items (such as t-shirts, mugs, calendars) for sale, distribution or license. This also applies to any stores such as cafepress.com where products are produced "on-demand".
• You may not use the Content in connection with any obscene, pornographic, immoral, defamatory or illegal purposes, for spreading hate or discrimination, or to victimize any people, societies, or cultures.
• You may not use the Content in any way that could give Erik DePrince or Jess Volinski of Blue Foliage, Inc. a bad name, including depicting certain sensitive social issues, such as crime, health issues, sexual preferences, drug abuse or similar issues.

• You may not authorize any third party to use the Content for any purpose, besides sending files to Your printer or other parties related to the preparation of project materials.
• You may not share the Content over a network or on a CD or any other way.
• You may not use the Content as part of a business name or in any logo or part of any trademark. You may not attempt to copyright or trademark any of the Content.
• You may not falsely represent that the Content was created by you or a person other than Erik DePrince or Jess Volinski. You may not falsely represent that you own the copyright to the Content.



b) UNLIMITED LICENSE (Commercial Usage, Products for sale) Terms and Conditions

If the Permitted Uses for the Standard License do not meet your needs, You may decide to purchase the Unlimited License (and You may, according to #8 below, decide to upgrade a previously purchased Standard License to the Unlimited License by purchasing a License Upgrade on MisterElements.com).

The Unlimited License expands upon the allowed usages of the Standard License. In addition to the Permitted uses allowed for the Standard License, the Unlimited License also allows the art to be used on products, packaging and other items for commercial sale:
• You and 4 other users (for a total of 5) at your organization to use the Content according to the Terms and Conditions of this Agreement.
• You may use the Content for books, book covers, magazines, newspapers, video, theatrical presentations.
• You may use the Content in electronic items for resale such as web templates, wallpapers, apps,screen-savers, e-cards, or similar products with no limitations regarding the number of copies. However, even with the Unlimited License, You CANNOT use the Content for creating digital scrapbooking products for re-sale. All other restrictions from the Prohibited Uses section of the Standard License terms and conditions still apply.
• You may create an Unlimited run (no maximum of products) of physical items for sale (such as t-shirts, mugs, calendars) for sale. All other restrictions from the Prohibited Uses section of the Standard License terms and conditions still apply.
• By purchasing the Unlimited License, You may create an Unlimited run (no maximum) of printed copies. (Standard License limit is 250,000).
• You may create an Unlimited (no maximum) number of printed reproductions for re-sale.
Even with the Unlimited License you may NOT use the Content as part of a business name or in any logo or part of any trademark. You may not attempt to copyright or trademark any of the Content.


6) Rights
Content marked “Blue67Design” is created and owned by Jess Volinski who owns all rights including copyright to her content. Content marked “MisterElements” is created and owned by Erik DePrince who owns all rights including copyright to his content. By purchasing and downloading Content, Jess and Erik of Blue Foliage Inc. grant you usage rights, however You may never claim to own the Content purchased. You acknowledge that by purchasing Content from MisterElements.com the Content DOES NOT get transferred to You. You MAY NOT claim that the Content belongs to You. Your license is non- transferable. This means that You are NOT allowed to sell, rent, lend, give, sublicense or otherwise transfer the Content to anyone else.

7) Credit Attribution/Copyright Notice:
By using the Content you agree to give proper copyright attribution to either MisterElements/Erik DePrince or Blue67Design/Jess Volinski, depending on which collections you purchase a license to use. If for some reason you are unable to print or show proper attribution in connection with the Content, please contact info@misterelements.com for permission to omit attribution. Only written email permission will be honored as permission to omit attribution.

Credit shall be in the following form:
© MisterElements.com or © Erik DePrince/MisterElements.com for Content from the MisterElements collections
© Blue67Design or © Jess Volinski/MisterElements.com for Content from the Blue67Design collections.

If you have any questions about proper attribution please contact info@misterelements.com.

8) Using Content without a Proper License:
A valid usage license must be purchased before usage of the Content. Licenses bought after image usage are not permitted. You must have the proper image usage license prior to using the Content. Usage of the Content without the appropriate license at the time of usage is a violation of copyright.

9) Upgrading a Standard License to Unlimited:
If you have a Standard License and wish to upgrade it to an Unlimited License (prior to producing items for sale for instance), you may do so in the store under the category “License Upgrades.” As stated in #8 above, the Unlimited upgrade must be purchased before you have the rights to use the images according to the Unlimited License.

10) Indemnification
You agree to fully defend, indemnify and hold harmless Blue Foliage, Inc. (MisterElements.com) and its employees, officers, shareholders, directors, and anyone else associated with Blue Foliage, Inc., and each of their successors against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability to use Content, your failure to abide by any of the terms and conditions regarding the use of Content, or any claim by a third party related to the use of Content.

11) Warranty and Liability
THE CONTENT IS PROVIDED "AS IS". BLUE FOLIAGE, INC. DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY AND ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY, OR FITNESS OF A PARTICULAR PURPOSE. BLUE FOLIAGE, INC. DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OF COMPUTER VIRUSES OR OTHER DAMAGING MATERIALS. BLUE FOLIAGE, INC. DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS. WHEN YOU PURCHASE, DOWNLOAD, AND USE CONTENT, YOU DO SO AT YOUR OWN RISK.

BLUE FOLIAGE, INC. SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER, (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM YOUR USE OF THE WEBSITE (MISTERELEMENTS.COM) OR CONTENT.

Blue Foliage, Inc. reserves the right to amend or change this agreement at any time.





Our Commitment To Your Privacy:

Your privacy is important to us. To better protect your privacy the following notice explains the information we collect, how it is used, how it is safeguarded, and how to contact us if you have any concerns.

What Information Is Collected:

As part of the order process, the following information is collected from shoppers:
Name
Mailing Address
Email address
Phone number

How That Information Is Used:

Occasionally MisterElements.com will send email newsletters and snailmail postcards to our customers with special discounts and new product announcements. If at any time you wish to stop receiving these materials, please contact us. You can unsubscribe from our email newsletter by simply clicking the "Unsubscribe" link at the bottom of the email.

Your information is NEVER sold or given to anyone.

We do not receive or store credit card information at MisterElements.com. All payment is processed through Paypal's secure server and we NEVER receive your credit card information.



Contact us:

info@misterelements.com.