Please read this license subscription agreement carefully before subscribing to our website. By Subscribing to the services offered on this website, you are agreeing to be bound by the following terms:
1. Terms and Conditions
These terms and conditions shall be applicable to you and all the users of the site of Smarty Symbols LLC. (“The Company”).
By using this website, 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.
These terms and conditions shall also govern your downloading and usage of any images or licenses in the site of The Company.
The Company reserves the right to change these Terms and Conditions, and also the pricing of any licenses offered in the site.
You hereby irrevocably agree that any amendments or changes in these Terms shall be immediately binding and applicable to you, without any need of any prior notice to you.
You acknowledge that the images contained in this website may be protected by copyrights, and all rights to such images may be protected by international copyright laws.
You agree that the Company may immediately remove any granted licenses to you, without the need for any notice, and especially if you fail to follow any of the terms and conditions contained in this agreement.
If you fail to comply with any of the terms contained in this agreement, or violate any of the terms of your licenses, you agree to immediately stop the usage of this site, and also to delete any of the images which you may have used or for which you have purchased or gained a license from this site.
4. Use Of Images
These terms and conditions shall be equally applicable to personal, corporate, educational, charitable, or any type of usage of images. Your use of our images shall be also governed by the terms of your license as set forth by the company.
The Company offers Commercial and Non-Commercial Licenses for its images.
a. With Regards to its non-commercial license:
By using The Company’s images, you are afforded an automatically renewed Non-Commercial license for your own use, or on behalf of your principal. However, you absolutely agree not to sell any of the Company’s images, or to sub-license it to any one else. In addition, you agree to bound yourself to be required to place an attribution for any usage of our images which specifically indicates that you acquired images from our site.
If you do not agree to place an attribution for the Company’s images, then you must purchase a Commercial license for the image in order to use it without any attribution.
You also agree that if you create any derivative works from the images of the Company, and thus, they still remain a copyright of The Company.
For our Non-Commercial licenses, you are absolutely prohibited from engaging in any activity which will result in gaining a profit through the use of our images.
Hence, you are prohibited from using our images in any medium if you only have a Non-Commercial license, which includes:
b. Web templates for mass distribution
c. Print media
d. DVD’s or CD’s
d. TV broadcasts
d. Social Media
g. Any educational materials.
i. Packaging labels
b. Commercial License
The Company, in its sole discretion, may extend a Commercial License to you for the use of its images. Alternatively, you may have purchased an automatically renewed commercial license subscription to The Company’s website.
A Commercial License grants you the permission to use the images of The Company, during the term of your subscription, in a digital and printed medium with limited attribution.
You may also sell your materials which use the images of the Company.
A commercial license purchased via http:www.smartysymbols.com will grant you permission to sell materials containing the image in the following formats:
b.1 Digital pdf containing no more than 300 images per product.
b.2 Print media
b.3 DVD’s or CD’s covers
b.4 Physical objects containing no more than 100 images per product
b.5 Social Media
b.6 Software containing less than 200 images in its entirety
b.8 Any printed educational materials.
b.9 Powerpoint/Keynote presentations containing less 300 images per product
b 10 Packaging labels
A commercial license will grant you the ability to do image manipulation of the company such as transformation of color images into line art. However, the final result is still a copyright of The Company.
You are also prohibited from sharing your registered account with the Company’s site, your license, or your downloaded images with others.
You hereby irrevocably agree that the Company retains the right to cancel your license, in its sole discretion, without the need for any justifiable reason.
You also agree that your right to use the images of the Smarty Symbols, in any of your materials, expires automatically with the termination of your subscription. This means that you agree to terminate your usage of the Company’s images in any of your materials once your subscription expires.
If Smarty Symbols exercises its right to terminate your subscription before the end of its term, or shall you preterminate your subscription for any reason, then your subscription shall immediately cease in such an event, without the need to extend your right to the actual end of your subscription term.
You agree that you will fully defend, indemnify, and hold SmartySymbols, LLC harmless against all types of liability, damages, costs, or claims, including legal fees and expenses arising from any breach of this agreement, your use of our images, and also if you combine our images with any of your materials.
7. Exclusion of Liability
You absolutely agree that you accept the Smarty Symbol’s images on an “as is” basis, and in no case shall the Company be liable for any of your usage of its images.
Smarty Symbols, LLC has the right to terminate your subscription at any time and your access to any or all the content on this website with or without prior notice.
9. Jurisdiction and venue
This Agreement and all matters arising hereunder shall be construed under and governed by the laws of the State of Texas without regard to such State’s conflicts of law rules. The state and federal courts located in Dallas County, Texas shall have exclusive venue and jurisdiction over any matters arising under this Agreement and the Party’s irrevocably waive any rights to claim jurisdiction and venue in any other court.