Entrepreneurial Excellence License Terms of Agreement

Please carefully read this Entrepreneurial Excellence License Subscription Agreement (“Agreement”) before subscribing to our website and using our Entrepreneurial Excellence License services. By subscribing to the services offered on this website specifically for the Entrepreneurial Excellence License provided by Smarty Symbols LLC, you agree to be bound by the following terms:

Terms and Conditions 1.1 

Applicability of Terms and Conditions These terms and conditions shall apply to you, and all users of the site of Smarty Symbols LLC who are using the Entrepreneurial Excellence License, effective immediately upon your subscription to the Entrepreneurial Excellence License.

1.2 Binding Agreement

By using this website and the Entrepreneurial Excellence License, you agree to be immediately bound by these terms and conditions, which shall be the sole controlling document that will govern the relationship between you and the Company in regard to the Entrepreneurial Excellence License.

1.3 Usage of Resources under Entrepreneurial Excellence License

These terms and conditions shall also govern your downloading and usage of any resources, including but not limited to images, icons, symbols, graphics, and illustrations, specifically under the Entrepreneurial Excellence License provided by The Company. This license permits you to use our digital assets, which include over 30,000 images, to create educational materials in PDF format. These educational materials are intended for distribution under a protected server on your self-hosted website, exclusively for the use of your members who have the right to download them.

2. Definitions

2.1 The Company

Refers to Smarty Symbols LLC, the provider of the Entrepreneurial Excellence License and associated digital assets governed by this Agreement.

2.2 Entrepreneurial Excellence License

The specific license that governs the use, redistribution, and modification of resources, images, or other digital assets provided by The Company under this Agreement. This license permits usage in PDFs and one self-hosted website.

2.3 Subscriber

Any individual or entity who subscribes to the Entrepreneurial Excellence License offered by The Company and agrees to the terms of this Agreement.

2.4 Digital Assets

All visual elements, icons, symbols, graphics, and illustrations made available specifically under the Entrepreneurial Excellence License, including but not limited to those provided by Smarty Symbols LLC.

2.5 Entrepreneurial Excellence License Permission

The permission explicitly granted by Smarty Symbols LLC to the Subscriber, allowing them to use the Digital Assets in accordance with the terms specified in this Agreement.

2.6 Commercial Use

Utilization of Digital Assets for both personal and/or financial gain, explicitly governed by the terms and conditions set forth in this Entrepreneurial Excellence License Agreement.

2.7 Stand-alone Use

Usage of Digital Assets as separate, individual items without substantial alteration or creative content added by the Subscriber, as permitted by this Agreement.

2.8 Custom Design

Unique and creative arrangement, modification, and additional content added by the Subscriber to the Digital Assets, consistent with the terms of this Entrepreneurial Excellence License.

2.9 Subscription Term

The duration for which the Subscriber is entitled to access and utilize the Digital Assets specifically under the Entrepreneurial Excellence License.

2.10 Termination

The cessation of the Subscriber’s access to the Digital Assets and the revocation of the Entrepreneurial Excellence License due to expiration, termination, or breach of this Agreement.

2.11 Indemnity

The obligation of the Subscriber to defend, indemnify, and hold Smarty Symbols LLC harmless from any liability, damages, costs, or claims arising from the Subscriber’s use of the Digital Assets under the Entrepreneurial Excellence License.

2.12 Attribution

A statement acknowledging the use of Smarty Symbols LLC’s Digital Assets, to be included in any resource or derivative work created using the Digital Assets, as specified in this Agreement.

2.13 Third-Party Platforms

Any website, application, or digital platform not owned or operated by Smarty Symbols LLC, where the Digital Assets might be used or displayed.

2.14 Severability

The principle that if any part of this Agreement is deemed unenforceable, the remaining provisions shall continue in full force and effect.

3. Copyright

3.1 Protection of Digital Assets

You acknowledge that the digital assets available under the Entrepreneurial Excellence License are protected by copyrights. All rights to these digital assets are governed by international copyright laws and are the exclusive property of Smarty Symbols LLC. While you are granted a specific license to use these copyrighted digital assets under the terms of this Agreement, the ownership and protection of these assets remain with Smarty Symbols LLC.

3.2 Ownership of Combined Works

Any works that combine Smarty Symbols with other intellectual property (the “Combined Works”) shall remain the exclusive property of their respective owners. Smarty Symbols LLC retains all intellectual property rights in the Smarty Symbols used in any Combined Works. This means that while you have the right to use Smarty Symbols’ digital assets within your Combined Works as permitted by this Agreement, the ownership and intellectual property rights of the original Smarty Symbols’ content remain with Smarty Symbols LLC.

3.3 License Termination

You acknowledge and agree that the Company has the right to immediately revoke the Entrepreneurial Excellence License and remove any access to the digital assets without prior notice, particularly if you breach any of the terms and conditions set forth in this Agreement. This means that in the event of a breach of this Agreement or non-compliance with its terms, Smarty Symbols LLC reserves the right to terminate your Entrepreneurial Excellence License and deny access to the digital assets without prior warning.

3.4 Consequences of Non-compliance

Failure to comply with the terms specified in this Entrepreneurial Excellence License Agreement or violations of the stipulated license may result in severe consequences, including but not limited to:

3.4.1 License Revocation

The Company reserves the right to immediately revoke your Entrepreneurial Excellence License in the event of non-compliance, without providing prior notice. Consequently, you will lose all rights to use any digital assets obtained under this license.

3.4.2 Termination of Subscription

Non-compliance may result in the immediate termination of your subscription to our platform and services, depriving you of access to all content and digital assets.

3.5.3 Obligation to Remove Digital Assets

Upon violation of any terms, you are obligated to promptly remove any digital assets downloaded, used, or incorporated into your materials under the Entrepreneurial Excellence License.

3.5.4 Legal Ramifications

Failure to adhere to this Agreement or the terms of the Entrepreneurial Excellence License may expose you to legal action. This could include claims for damages, injunctive relief, or any other legal remedies applicable under law.

Adherence to the terms and conditions laid out in this Entrepreneurial Excellence License Agreement is crucial for continued access to the platform’s resources and to mitigate the risk of legal consequences. The Company takes its intellectual property rights seriously and will rigorously enforce them to protect its copyrighted digital assets.

For any questions or concerns regarding the terms of this Entrepreneurial Excellence License Agreement, please contact us promptly at [email protected].

4. Use of Digital Assets in PDF Format and One Self-Hosted Website

4.1 Applicability of Terms

These terms and conditions exclusively apply to the use of digital assets in PDF format under the Entrepreneurial Excellence License. This license encompasses a broad range of applications, including personal, corporate, educational, charitable, and various other usage scenarios. It governs your rights and responsibilities regarding the use of digital assets provided by Smarty Symbols LLC under this specific license.

4.2 License Grant

Upon subscription, an Entrepreneurial Excellence License is automatically extended to you for the use of the digital assets in PDF format and on one self-hosted website.

4.3 Permitted Usage

The Entrepreneurial Excellence License permits you to use the digital assets for your personal and/or financial gain, exclusively in PDF format and on a single self-hosted website, during the term of your subscription, subject to limited attribution requirements.

4.4 Allowed Formats and Platforms

The Entrepreneurial Excellence License grants you permission to sell and/or distribute materials containing the Company’s digital assets exclusively in digital PDF format or on one self-hosted website, with no more than 150 digital assets per resource.

4.5 Digital Asset Manipulation

Licensees are strictly prohibited from uploading any digital assets in formats other than PDF to any platform or service that may make the digital assets available for free or for purchase to others, except for one self-hosted website as specified. You may manipulate the digital assets, such as by altering colors or combining them; however, the final product remains copyrighted by The Company.

4.6 Third-Party Licensing

Licensees under the Entrepreneurial Excellence License are strictly prohibited from sublicensing any PDF resource or website content created with the digital assets to any third-party entity without explicit authorization from one of the Company’s officers. Licensees are permitted to create resources for direct sale to consumers; any business-to-business engagements require separate authorization from a Company officer.

4.7 Account Integrity

Sharing your registered account, Entrepreneurial Excellence License, or downloaded digital assets is strictly prohibited under this license. Account holders are responsible for safeguarding their account credentials. Violation of this term will lead to immediate account suspension.

4.8 Custom Design Requirement

Licensees are prohibited from selling or distributing the smarty symbols images as stand-alone items. All digital assets must be used to enhance your own resources in PDF format or within your self-hosted website. If the Company determines that your resource fails to meet this standard, you will be required to modify your resource.

4.9 License Revocation

The Company retains the exclusive right to cancel your Entrepreneurial Excellence License at its sole discretion, without the need for any justification. Please note that the revocation of your license does not absolve you of your obligations and responsibilities under this Agreement. Upon license revocation, you must immediately cease all use of the Company’s digital assets and comply with any further instructions provided by The Company to ensure compliance with this Agreement. Failure to adhere to these post-revocation obligations may result in legal consequences.

5. Payment and Billing

5.1 Subscription Fees and Auto-Payment

Upon subscribing to the Entrepreneurial Excellence License, you agree to pay the applicable annual subscription fees as outlined on our website. Payment will be automatically processed using the payment method you provide during the subscription setup.

5.2 Failed Auto-Payment

In the event that an auto-payment for your subscription fails, Smarty Symbols LLC reserves the right to take the following actions:

5.2.1 Notification

You will receive a notification regarding the failed payment to the email address associated with your account. It is your responsibility to ensure that your payment information is accurate and up-to-date.

5.2.2 Suspension of Access:

If the failed payment is not rectified within seven (7) days, Smarty Symbols LLC may temporarily suspend your access to the Entrepreneurial Excellence License and associated digital assets. During this period, you will not be able to download or use the licensed resources.

5.2.3 Subscription Termination

Failure to resolve the failed payment within 7 days may result in the termination of your subscription. This termination will lead to the immediate revocation of access to the Entrepreneurial Excellence License and all associated digital assets.

5.3 Payment Information Updates

It is your responsibility to keep your payment information current to ensure uninterrupted access to the licensed resources. You can update your payment information by logging into your account on our website.

5.4 Dispute Resolution

If you believe that a failed payment was in error or wish to dispute a payment, please contact our customer support team at [email protected] to address the issue promptly.

6. Permitted Website Uploads and Restrictions

6.1 Designated Website

Upon signing up for an Entrepreneurial Excellence License or via subsequent email correspondence, you will specify one (1) designated website where you are permitted to upload PDF products containing Smarty Symbols.

6.2 Notification of Hosting Changes

All changes to the designated hosting website must be communicated to Smarty Symbols through the email specified for such updates.

6.3 Compliance Monitoring

Upon subscribing to the Entrepreneurial Excellence License, you are required to set up a free active account accessible to officers of Smarty Symbols LLC. This account must be established on any marketplace, website, or platform where the digital assets will be used, especially if these platforms are password-protected.

6.3.1 Purpose

The purpose of this account is to allow Smarty Symbols LLC to periodically verify the appropriate usage of its digital assets. Access to this account should be sent to the email [email protected].

6.3.2 Account Duration

This free active account must remain open for a period of three (3) years after the expiration or termination of your Entrepreneurial Excellence License. Failure to maintain this account will be considered a breach of this Agreement and may result in legal consequences.

6.4 Unauthorized Uploads and Usage

Even with an Entrepreneurial Excellence License, the following actions are strictly prohibited:

• Uploading to Unauthorized Platforms: Distributing any products containing Smarty Symbols on websites or platforms other than the one specified during the sign up process, unless additional written authorization is obtained from a Smarty Symbols representative.
• Third-Party Re-licensing: Re-licensing, sharing, or distributing materials created using Smarty Symbols on platforms other than the designated website, without explicit written permission from a Smarty Symbols representative.
• Software Development: Employing Smarty Symbols in the development of any software applications without entering into a distinct licensing agreement specifically covering such use.

6.5 Prohibited Usage in Interactive Games

6.5.1 Definition of Interactive Games

For the context of this Agreement, “Interactive Games” are defined as any software, application, or digital platform constructed for the purpose of user interaction. This includes, but is not limited to, games, quizzes, and interactive educational tools that offer functionalities such as drag-and-drop, object selection, or any other form of user interaction with digital elements.

6.5.2 General Restrictions

Entrepreneurial Excellence Licensees are strictly prohibited from incorporating Smarty Symbols LLC images within Interactive Games, be it proprietary or third-party, unless they obtain a separate, explicit license agreement from Smarty Symbols LLC.

6.5.3 Functionality Limitations

The prohibition extends to the use of Smarty Symbols LLC images as interactive elements within these games. This includes, but is not limited to, functionalities like drag-and-drop features, clickable elements, or any form of user interactivity involving the images.

6.5.4 Separate Licensing Requirement

Licensees wishing to use Smarty Symbols LLC images within Interactive Games must acquire a separate written license agreement from Smarty Symbols LLC. Failure to comply with this stipulation will be viewed as a significant breach of this Agreement and may result in actions including immediate termination of the Entrepreneurial Excellence License, legal action, and any other remedies available under this Agreement.

6.6 Signage and Public Display Restrictions

6.6.1 Definition of Signage and Public Display

For the context of this Agreement, “Signage and Public Display” refers to both physical and digital mediums, such as Large Communication Boards (exceeding 20 x 20 inches), posters, and digital screens. These mediums are intended for public interaction or viewing and may incorporate one or more images from Smarty Symbols LLC.

6.6.2 General Restrictions on Signage and Public Display

Entrepreneurial Excellence Licensees are strictly prohibited from using images from Smarty Symbols LLC to create PDF files for the purpose of providing customers with the ability to generate any Signage and Public Display exceeding 20 x 20 inches for resale, free mass distribution, or public display unless explicitly authorized via a separate license by Smarty Symbols LLC.

6.6.3 Requirements for Separate Licensing

Entrepreneurial Excellence Licensees seeking to utilize images from Smarty Symbols LLC in any form of Signage and Public Display exceeding 20 x 20 inches must obtain a separate, written license agreement from Smarty Symbols LLC. Unauthorized deployment in Signage and Public Display of this scale will constitute a breach of this Agreement, resulting in immediate termination of the Entrepreneurial Excellence License, potential legal action, and any other available remedies under this Agreement.

7.Consequences for Violation

Violations of these prohibitions will be treated as a severe breach of this agreement and may lead to actions including, but not limited to, copyright infringement charges, immediate termination of your Entrepreneurial Excellence License, and legal proceedings.

7.1 Expiration of Digital Asset Usage
Upon the termination of your Entrepreneurial Excellence License, your right to use new digital assets ceases immediately. However, a grace period of up to three (3) years from the date of termination may be granted for products that were already posted on the previously authorized link, under the following conditions:

7.1.1 Specifics of Grace Period Usage
The grace period ONLY applies to PDF products that were already created, finalized, and posted on the approved marketplaces specified in Section 5.12 BEFORE the termination date of your Entrepreneurial Excellence License. During this grace period, you are allowed to continue selling these pre-existing PDF products.

7.1.2 No Creation of New Products
Strictly no new PDF products or updates to existing PDF products can be created, modified, or posted using Smarty Symbols’ digital assets after the termination of your Entrepreneurial Excellence License. Failure to adhere to this condition will result in immediate account suspension and may incur legal consequences.

7.1.3 Post-Grace Period Engagement
After the expiration of the three-year grace period, if you wish to continue using the digital assets, you must engage with Smarty Symbols LLC to explore licensing options.

7.1.4 Record-Keeping
It is your responsibility to maintain accurate records concerning the posting dates of all PDF products on the approved marketplaces to verify their eligibility for the grace period.

7.1.5 Obligation to Delete Digital Assets
Upon the expiration or termination of your Entrepreneurial Excellence License, you are obligated to promptly delete all digital assets acquired under this license from any and all storage mediums and systems. This is to ensure that no new products can be created or modified using Smarty Symbols’ digital assets post-license expiration. Failure to comply will be considered a breach of this Agreement and may incur legal consequences.

8. Indemnity

You agree to comprehensively defend, indemnify, and hold harmless Smarty Symbols LLC, its officers, directors, employees, and affiliates against all liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from:

1. Any violation of this Agreement on your part, including but not limited to the unauthorized use of the Company’s images or the breach of any terms and conditions herein.
2. Your utilization of Smarty Symbols images in combination with other materials, products, or content.
3. Any third-party claims related to the use of resources generated with Smarty Symbols images.

This indemnification obligation will persist beyond the termination of your Entrepreneurial Excellence License and the expiration of this Agreement.

9. Exclusion of Liability

You expressly acknowledge that the use of Smarty Symbols’ images under the Entrepreneurial Excellence License is entirely at your own discretion and risk. Smarty Symbols, LLC disclaims any responsibility for direct, indirect, incidental, special, consequential, or exemplary damages—including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible assets—even if the Company has been advised of the potential for such damages. This disclaimer applies universally to all claims, whether based in warranty, contract, tort, or any other legal theory.

10. Termination

Smarty Symbols, LLC reserves the exclusive right to discontinue your Entrepreneurial Excellence License and access to any content at its sole discretion, either with or without prior notification. Termination may occur for various reasons, including but not limited to, violation of this Agreement, breach of license conditions, or inappropriate use of the Company’s images.

Upon such termination, you are mandated to cease all utilization of Smarty Symbols’ images immediately. All downloaded images must be deleted from your devices, and your privileges to access and use the images will be automatically revoked.

11. Attribution

11.1 Mandatory Attribution Statement

All resources or products generated under the Entrepreneurial Excellence License that incorporate Smarty Symbols’ images are required to feature a prominently displayed attribution statement on the first page of the resource or product and/or homepage. The attribution statement should read as follows: “This [product/resource] was created using Smarty Symbols. All rights reserved worldwide.”

11.2 Visual Credit

In addition to the text attribution, licensees are obligated to display one of the pre-approved credit images supplied by Smarty Symbols. These credit images can be found at the Smarty Symbols Attribution Buttons section on our website. The chosen credit image must be clearly visible and adhere to Smarty Symbols’ official attribution guidelines.

12. Jurisdiction and Venue

This Agreement, as well as any matters or issues connected thereto, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, USA, applicable to contracts executed and performed wholly therein, without regard to conflict of laws principles.

For any legal action or proceeding arising out of or related to this Agreement, the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts situated in Dallas County, Texas.

13. DISCLAIMER OF WARRANTY

The images made available under the Entrepreneurial Excellence License are provided on an “as-is” basis. Smarty Symbols extends no warranties, either express or implied, regarding these images. The Company does not warrant that the images will meet your specific requirements or that the use of these images will be uninterrupted or error-free.

You acknowledge that the entire risk concerning the quality and performance of the images is solely yours to bear. Smarty Symbols disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer forms an integral part of this Agreement.

14. LAST UPDATE

This Entrepreneurial Excellence License Agreement was last updated on 10/16/2023. Licensees are responsible for regularly reviewing this Agreement to ensure familiarity with its most current version.

15.Modification of Terms

15.1 Process for Amendment

This Agreement may be amended, modified, or updated at the sole discretion of Smarty Symbols LLC. Amendments will be posted on the Smarty Symbols website and may be sent to Licensees via email or another suitable notification method.

15.2 What Constitutes an Amendment

An amendment to this Agreement shall be considered valid only if it explicitly refers to this Agreement and clearly outlines the sections or clauses that are being amended, modified, or replaced. Amendments must be consistent with all applicable laws and regulations.

15.3 Notification and Acceptance

Licensees will be notified of any amendments via email or another suitable method, and will have a defined period, as specified in the notification, to review the amendment. Unless a Licensee terminates their subscription within this period, continued use of Smarty Symbols services will constitute acceptance of the amendment.

15.4 Effective Date of Amendment

Amendments will take effect immediately after the defined review period has expired, unless otherwise specified in the amendment notification.

This version accounts for the online nature of the agreement and streamlines the process for amendment, making it more manageable for you. Feel free to adjust this sample clause as needed.