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, in its sole discretion, may extend a Commercial License to you for the use of its images and templates. 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 for your own personal and/or financial gain, during the term of your subscription, in a digital and printed medium with limited attribution.
All commercial license purchased via http:www.smartysymbols.com will grant you permission to sell and/or distribute materials containing the Company’s image in the following formats:
b.1 Digital pdf containing no more than 150 images per resource,
b.2 Digital material with movable pieces with no more than 50 pieces per resource,
b.2 Print media
b.3 DVD’s or CD’s covers
b.4 Physical objects containing no more than 50 images per product
b.5 Social Media posts ( If images are embedded in a larger image with additional text)
b.6 Any printed educational materials.
Commercial licensee is strictly prohibited from uploading any Smarty Symbols in png or jpg format to any program which may make images available free/paid to others. A commercial license will grant you the ability to do image manipulation of the company such as transformation of color images into line art, or combining images. However, the final result is still a copyright of The Company.
Even with a commercial license, you are also prohibited from sharing your registered account with the Company’s site, your license, or your downloaded images with others. Account holders must protect their password and access to the platform. Failure to comply with this requirement will automatically block your account.
You are strictly prohibited, even with a commercial license, to sell or distribute the Company’s images or templates as stand alone items in any image format. The images from the Company’s must be utilized in a way to enhance your own resource. Selling the Company’s images without a custom design, text, and other relevant content is beyond the scope of your license. Resources created with the Company’s images must pass the following minimum standard: “Are customers purchasing/downloading/accessing your resource because of how the Company’s images are organized, designed, accompanied text or because of the Company’s image alone?” If the Company finds that your resource does not meet the minimum requirement, we may ask that you edit your resource.
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 future resources you may create for personal gain once your subscription expires. Resources that meet the minimum standard and that have been published prior to the cancelation of the license may remain live.
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.
A commercial license grants you permission to upload a pdf. file to specific websites as listed below:
- Teachers Pay Teacher (http://www.teacherspayteacher.com)
- Amazon (http://www.amazon.com)
- Etsy ( http://www.etsy.com)
With a commercial license, you are strictly prohibited from the following:
- Upload any Smarty Symbols to a 3rd party website without an additional written authorization from a Smarty Symbols representative ([email protected])
- Re-license the materials you created using Smarty Symbols on other platforms without written authorization or a separate agreement which would grant you such permission
- Utilize the images on the development of any software without a separate agreement
Such acts are considered a breach of agreement and may be subject to copyright infringement.
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.
10. DISCLAIMER OF WARRANTY. THE SMARTY SYMBOLS ARE PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT THE SMARTY SYMBOLS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SMARTY SYMBOLS IS WITH LICENSOR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.