Using our website requires that you abide by the following Terms and Conditions. This document is an important part of using the website, and as noted below, we highly recommend you read and fully understand the agreement in order to use the website and services offered.
1. Description of the Site and Membership Accounts
2. General Acknowledgments and Agreements
3. Use of Content and the Site
4. Restrictions as to Use of the Site
5. Notification of Claims of Infringement
6. Management and Operation of the Site
7. Payments for Content
8. Membership Accounts
9. Indemnification
10. Limitations and Disclaimer
11. Term and Termination
12. Miscellaneous
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SVGBUY (“SVGBUY”), THE OWNER AND OPERATOR OF THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND IN ANY CHANGES HERETO THAT SVGBUY MAY PUBLISH FROM TIME TO TIME (COLLECTIVELY, THE "TERMS OF USE"). WE ENCOURAGE YOU TO KEEP A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
These Terms of Use govern your use of the www.svgbuy.com website, including, without limitation, the uploading and downloading of photographs, illustrations, images or other pictorial or graphic works and related informational materials (collectively, the “Content”) onto or from the www.svgbuy.com website, access to web mail, forums and training materials, if any, and any and all other services offered by SVGBUY on or through the www.svgbuy.com website or affiliated sites providing SVGBUY services (the www.svgbuy.com website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Site”).
1. Description of the Site and Membership Accounts
The Site provides, among other things, an online marketplace for uploading and downloading Content and is generally divided into a public section and a private section. The public section offers to all visitors, among other things, general information about the Site and SVGBUY, the ability to view Content on the Site, a search engine to search for Content on the Site, the ability to view and post comments on the Site, and a process by which visitors can create an account to access the private areas of the Site for downloading and uploading Content.
User Members
When a visitor to the Site registers to create an account to download Content, the visitor will become a “User Member”. The User Member will select an available user name (“Member Name”) and a corresponding user password (“Membership Password”) to create a unique, personal membership account (a “Membership Account”). During registration, each User Member shall be given the opportunity to select a country, language and currency designation. Such designation(s) may be revised at any time after the completion of the registration process. The User Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
A User Member shall download Content only through his or her Membership Account, and such Content shall be subject to a separate Content License Agreement. Applicable royalty rates for sublicenses granted to User Members who download Content shall be in accordance with the Site's Standard pricing and payment policies.
2. General Acknowledgments and Agreements
Your use of the Site constitutes your acknowledgment and acceptance of these Terms of Use, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access any portions of the Site or use any services offered on the Site. SVGBUY may from time to time, without notice to you, change these Terms of Use and other rules or guidelines, in whole or in part, in its sole discretion and post such changes on the Site. Your continued access or use of the Site constitutes your acceptance of all such changes and your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such access or use. It is your responsibility to regularly check the “Terms of Use” to view the then-current terms. If you do not agree to be bound by the terms and conditions of these Terms of Use as so amended, do not use or access the Site. Without limiting the foregoing, SVGBUY will use commercially reasonable efforts to notify its members of changes to these Terms of Use through blogs, web mail, forums and other means of electronic communication.
Services on the Site are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Site are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Site. Your Membership Account on the Site may not be sold or otherwise transferred to another person or entity. If your use of the Site is on behalf of an entity, you represent and warrant that such party has full knowledge of your actions and has consented thereto and that you have the authority to bind such entity to these Terms of Use.
3. Use of Content and the Site
All of the contents of the Site, including the Content, is owned by sellers or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. You acknowledge and agree that no ownership of any Content can be transferred, and that no sale of any Content can be effectuated on or through the Site. Only the rights expressly sublicensed in a Content License Agreement are granted on or through the Site. Except as explicitly permitted under these Terms of Use or a Content License Agreement (if any), SVGBUY does not grant any express or implied permission to use any Content and no portion or element of this Site or its Content may be copied or retransmitted via any means. Without limiting the foregoing, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any part of the Content without, or in violation, of a Content License Agreement with SVGBUY. You may not remove any copyright, watermark or other proprietary notices contained in the Content, caption information, or any other material on the Site and you are responsible for obtaining your own advice, legal or otherwise, to determine whether additional third-party consents, rights or privileges are needed for your use of the Content.
These Terms of Use are in addition to your obligations (if any) under a Content License Agreement with SVGBUY. In the event of any conflict between these Terms of Use or any other rules and regulations on this Site with an applicable Content License Agreement or Member Supply Agreement, the Content License Agreement or the Member Supply Agreement, as the case may be, will govern.
4. Restrictions as to Use of the Site
You agree that you shall not use the Site in any manner that is not permitted by these Terms of Use or that violates any law, regulation or statute in an applicable jurisdiction. You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not upload or post onto the Site, or use the Site to transfer, any Content or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Site, or obtain any services or information not intentionally made available to you by SVGBUY on or through the Site. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Site. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Site, including, without limitation, with respect to the origin or source of any Content or other material or content that you upload or any identifying information for your Membership Account.
You may not use the Site in a fraudulent manner, or otherwise in a manner for which the Site is not reasonably intended to be used. Without limiting the generality of the foregoing, you will not download Content for the primary purpose of artificially inflating the ranking of a given Content contributor or for the primary purpose of artificially triggering payments to a Content contributor. A Content contributor, or someone else on his/her behalf, may not download Content that such contributor has uploaded.
5. Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any Content or other content on the Site infringes upon your copyrights or other intellectual rights, you may submit a written communication to SVGBUY at agent@SVGBUY.com. Such communication must contain the following information:
(a) a physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, in respect of the exclusive right that is allegedly infringed;
(b) a description of the copyrighted work or works that you claim has been infringed and, if applicable, a further description of what material or aspect of such Content is claimed to be infringing;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SVGBUY to locate the material;
(d) information reasonably sufficient to permit SVGBUY to contact you, such as an address, telephone number and an electronic mail address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
6. Management and Operation of the Site
You acknowledge and agree that SVGBUY has no obligation to review any Content or other material or content uploaded or posted onto the Site, and shall have no responsibility for any such Content or other material or content. SVGBUY shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Content or other material or content uploaded or posted onto the Site. If you upload or post any Content or other material or content onto the Site, or any Content or other material or content is uploaded or posted onto the Site using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Content or other material or content.
SVGBUY reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Site at any time. You acknowledge and agree that SVGBUY has no obligation to make, or continue to make, the Site or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of SVGBUY). SVGBUY reserves the right, in its sole discretion, to suspend, restrict, block, disable or terminate your access or use of the Site or your Membership Account at any time without notice or liability to you and whether or not such measures are based on the existence of a breach of these Terms of Use.
You acknowledge and agree that SVGBUY shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Site, including any web log, comments to any web log, or any forum on the Site. You acknowledge and agree that SVGBUY shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Site. SVGBUY does not control such third party websites and the existence of any such hyperlinks does not imply any endorsement or affiliation with SVGBUY.
You acknowledge and agree that SVGBUY may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Site. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Site. You acknowledge and agree that SVGBUY may also store personal information about you on its computers within or outside Canada. By using this Site you acknowledge and agree that SVGBUY may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms of Use; respond to claims that any Content violates the rights of third-parties; or to protect the rights, property, or personal safety of SVGBUY, its members, users or the general public. SVGBUY will take precautions to protect your personal information, however, SVGBUY cannot guarantee that such personal information will be confidential and secure. SVGBUY shall not be responsible or liable for any matter or thing relating to the collection, storage, use or transmission of your personal information.
7. Payments for Content
Transactions on the Site for downloading Content shall be conducted using the approved payment methods in accordance with SVGBUY's standard pricing and payment policies. If you purchase any Content by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize SVGBUY to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. All purchases are final and non-refundable.
8. Membership Accounts
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided to you by SVGBUY, and the Membership Password selected by you and approved by SVGBUY for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and corresponding Membership Password, and that SVGBUY may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Site. SVGBUY will not be liable for any losses whatsoever caused by any unauthorized use of your account or other breach of the security of your account, however, you may be liable for the losses of SVGBUY or others due to such unauthorized use or breach of security.
9. Indemnification
You agree to defend, indemnify and hold harmless SVGBUY and its affiliates, and their respective officers, directors, employees, members, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, damages, obligations, judgments, losses, liabilities or any other expenses (including attorney fees and disbursements) or other liability arising from your breach of any of your representations, warranties or obligations under these Terms of Use, and from any and all access and use by you of the Site (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Content or other material or content whether or not intentional. SVGBUY shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with SVGBUY in the defense of any such claim, action or matter.
10. Limitations and Disclaimers
Your use of the Site is entirely at your own risk. You agree that neither SVGBUY nor its affiliates, nor any of their respective officers, directors, employees, members, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Site, even if such parties have been advised, or advised of the possibility, of such damages, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS OR USE OF THE SITE OR THE CONTENT OR OTHER MATERIALS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT SVGBUY nor its affiliates, nor any of their respective officers, directors, employees, members, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable) SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SVGBUY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.SVGBUY.COM WEBSITE OR THE SERVICES ON THE WWW.SVGBUY.COM WEBSITE, OR ANY CONTENT OR OTHER MATERIALS AVAILABLE ON THE WWW.SVGBUY.COM WEBSITE, INCLUDING THAT ANY ERRORS OR DEFECTS IN THE SITE OR THE CONTENT OR OTHER MATERIALS WILL BE CORRECTED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS OR FREEDOM OF ANY SERVICES, OR ANY CONENT OR OTHER MATERIALS FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
SVGBUY shall have no responsibility for any Content or other material or content uploaded or posted onto the Site, including, without limitation any material or content uploaded or posted by any Member onto the Site in any forum or as any comment to a web log.
11. Term and Termination
The agreement created by these Terms of Use shall continue in perpetuity unless terminated in accordance with this Section 11. SVGBUY at any time may terminate the Terms of Use in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under these Terms of Use, or for inactivity by you with respect to your access or use of the Site. A User Member may at any time terminate his Membership Account by sending a written termination request to SVGBUY at agent@SVGBUY.com. In the event termination is by SVGBUY, SVGBUY shall notify you of such termination. SVGBUY reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password. Termination of a Membership Account shall automatically lead to the termination of the User Member’s Content License Agreement, and vice versa. Termination of a Membership Account shall not relieve a User Member from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated. The provisions of Sections 8, 9, 10, 11 and 12 shall survive the termination of the agreement created by these Terms of Use.
12. Miscellaneous
The relationship between SVGBUY and you under these Terms of Use is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your access or use of the Site.
No action or non-action of SVGBUY to exercise any power, right, privilege or remedy under these Terms of Use shall be construed as a waiver or amendment of these Terms of Use or preclude any other or further exercise of any such power, right, privilege or remedy.
These Terms of Use shall inure to the benefit of, and be binding upon, SVGBUY and you, and its and your respective successors and assigns. Nothing in these Terms of Use, express or implied, is intended to confer upon any person or entity, other than SVGBUY and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of these Terms of Use. SVGBUY shall have the right, in its sole discretion, to assign any or all of its rights or obligations under these Terms of Use. You shall have no right to assign any of your rights or obligations under these Terms of Use.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. These Terms of Use shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof. The headings contained in these Terms of Use are for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms of Use.
You acknowledge that you have read and understood THESE TERMS OF USE and agree to be bound thereby. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ACCESS OR USE THE SITE, ORDER ANY CONTENT, SUBMIT ACCOUNT INFORMATION OR CONDUCT ANY OTHER TRANSACTION IN CONNECTION WITH THE SITE OR CONTENT, EACH SUCH TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS OF USE.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SVGBUY (“SVGBUY”), THE OWNER AND OPERATOR OF THIS WEBSITE. By accessing or using this WEBSite in any way, you agree to be bound by and comply with the terms and conditions set forth in this document and in any changes hereto that SVGBUY may publish from time to time (collectively, the “Terms of Use”). WE ENCOURAGE YOU TO KEEP A COPY OF THESE TERMS OF USE FOR YOUR RECORDS
Content License Agreement
Our Content License Agreement outlines the available licenses, rights and ownership details, and the permitted uses of each license. The document covers the standard Royalty-free License as well as the Extended License options.
Please read this Content License Agreement (“Agreement” or “CLA”) carefully before downloading anything from www.Svgbuy.com (“Site”). This Agreement contains information regarding your legal rights, remedies, and obligations and constitutes a binding agreement between Svgbuy United (“Svgbuy”) and anyone who makes use of the Site or any Content (“Client”). The Client acknowledges and agrees that by using or paying for any Content from the Site, the Client will be bound by all the terms of this Agreement and the Site Terms of Use. If you do not agree with any of the terms, please contact us directly at support@Svgbuy.com to discuss with our legal team before downloading or using any Content from the Site.
For any general questions or concerns, please contact support at support@Svgbuy.com. Definitions relevant to this agreement can be found in Section 15.
1. Ownership and Limited Transfer
Each Member retains all rights to their Content, including copyright, title, and all other intellectual property rights. The Client agrees that, except for the rights expressly granted by Svgbuy under this Agreement, no rights in any Content are granted to the Client at any time.
Svgbuy agrees to a limited transfer of granted rights between a Client authorized to purchase on behalf of another or between a Client and a third party, where the third party is integral to the creation of the final Work (for example, a printer, designer, or social media manager), provided those parties agree to the terms of this Agreement. If you have questions about whether an intended transfer falls within this limited right, please contact support@Svgbuy.com
2. Grant of Sublicense
a. Standard License
Subject to all terms of this Agreement, Svgbuy grants the Client a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, or display the Content. Without the purchase of an Extended License (Multi-Seat, Product for Resale, and/or Unlimited Print) or written permission from Svgbuy, the Client may not allow the Content to be accessed by more than one user, use Content in a template or on-demand product, or for any other use not expressly granted in this section. For questions regarding use of Content or to clarify use details, Svgbuy encourages Client to contact support@Svgbuy.com.
The Standard License allows use in:
i. advertising, editorial, and promotional projects, up to 100,000 hard copies. This includes but is not limited to promotional materials, product packaging, book covers, presentations, catalogues, magazines, or newspapers;
ii. online, electronic, and mobile publications and applications for an unlimited number of impressions. This includes but is not limited to websites, e-book covers, online album or playlist covers, broadcast media, and mobile application or video game backgrounds or elements where the content is not contributing to the core value; or
iii. any social media platform, but where no modification is made to the photograph or video, an attribution must accompany the social media post with specific mention of the original Artist’s name and Svgbuy United. Svgbuy asks that you consider properly embedding Content or limiting the filesize of Content posted to social media as a best practice to protect the artist’s copyright.
b. Extended License Options
A Client may purchase an Extended License to expand upon the usage rights granted in the Standard License, subject to all provisions of this Agreement. Extended license options below may be stacked to achieve the necessary usage rights.
i. Multi-Seat License: Allows for any number of users within the same organization to use the Content, so long as all users agree to be bound by the provisions of this Agreement, and that the Client remains liable for all use by additional users. This license is required for any Content that will be stored on a server or content management system for simultaneous or team access. Use by global offices, non-branded affiliates, and non-direct subsidiaries is not included in the Multi-Seat License.
ii. Unlimited Print License: Allows Client to make an unlimited number of hard copies of items described in Section 2(a)(i) above; and unlimited copies of hard copy prints, posters and other reproductions for personal use, but not for business use, resale, license, or other distribution. Purchase of this license includes a complimentary Multi-Seat license.
iii. Products for Resale License: Allows for incorporation of Content or derivatives into products intended for resale or other distribution (including, in some cases, when distributed for free) where Content provides the core value of the product. Such products include, but are not limited to, posters, calendars, stationery items, e-cards, on-demand products both tangible and electronic, photo books, stickers, mugs, apparel, artwork, screensavers or wallpapers (including mobile), templates (including but not limited to turn-key websites, pre-formatted emails or newsletters, or blog or CMS themes). Purchase of this license includes a complimentary Multi-Seat license.
iv. Market Freeze License: Allows for exclusive use of the Content for a period of time (a “Market Freeze Period”), beginning at the date of purchase and lasting for the period chosen by the Client at the time of purchase. During the Market Freeze Period Svgbuy will not license the Content to any other Client. Use of the Content during a Market Freeze Period will be in accordance with this Agreement. Client acknowledges and agrees that there will be no restriction on the grant of any license or other right to the Content before or after the Market Freeze Period, and previous licensees of the Content will have the right to continue using the Content during the Market Freeze Period. Client may continue non-exclusive use of Content in perpetuity. Purchase of this license includes the following complimentary Extended Licenses: Multi-Seat, Unlimited Print, and Products for Resale (excluding 3 month Market Freeze licenses).
v. Sensitive Use License: Allows for the use of Content in a way that would otherwise be prohibited or restricted under Sections 3(m). This license requires the explicit permission of the photographer and the model(s) in the Content to be licensed and must be negotiated by contacting Svgbuy directly at support@Svgbuy.com. Please allow additional time when purchasing this license, as obtaining the necessary permissions and signatures may cause delays.
3. Restrictions on Use
Without limiting any previously mentioned restrictions, the Client acknowledges and agrees that they will not do any of the following, unless Client has contacted support@Svgbuy.com and arranged specific terms in writing and signed by both parties:
a. sell, sublicense, assign, convey, share, or transfer any Content, in whole or in part, or rights thereto to any person or entity except as expressly permitted under this Agreement; or
b. sell or distribute Content or Work containing Content in any way that allows the Content to be extracted, accessed, or downloaded as a stand-alone file; or
c. use, reproduce, distribute, or display the Content in a way that is considered by Svgbuy or under applicable law, to be considered pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; or
e. without the purchase of a Multi-Seat Extended License, download or store the Content or allow access on more than one computer or in a library or content-management system; or
f. without the purchase of an Unlimited Print Extended License, use Content in a print run over 500,000 copies; or
g. without the purchase of a Products for Resale Extended License, use, reproduce, or distribute the Content in connection with any goods or services intended for resale or distribution where primary value lies in the Content itself; or
h. incorporate the Content into a trade, design, or service mark; business name; or logo; or
i .make use of any audio that may, in some circumstances, accompany video content; or
j. take any action in connection with the Content that violates any law, regulation or statute in an applicable jurisdiction; or
k. post Content that has not been altered on social media or use the Content in an editorial manner without the following credit adjacent to the Content in print or in credits for audio/visual productions, including a link to www.Svgbuy.com where technically feasible: "© [Name of Member] / Svgbuy United”; or
l. use Content in any way that suggests or implies that any individual in the Content is personally endorsing any product, service, idea, or site, including but not limited to attributing quotes to or creating fake online profiles for an individual including promotion or marketing materials (for example, on political materials or dating apps); or
m. use the Content that includes an identifiable model in connection with a subject that would be unflattering, embarrassing, or unduly controversial to a reasonable person (and not otherwise restricted by Section 3(m)), without Client accompanying each use with a conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only; and (ii) that the person depicted is a model. Such subjects include but are not limited to medical issues, menstruation, relationship concerns; or
n. use any Content that includes an identifiable model in a manner that depicts such person in a potentially sensitive subject matter; including, but not limited to actual or implied sexual activity, substance abuse and recovery, sexually transmitted infections, mental health concerns and disorders, abuse, abortion, promotion of tobacco use, or any implication that the model engages in activity that is immoral or illegal. The only exceptions to this restriction are Assets where it is clear that the intended purpose of the Asset is to convey such a sensitive use or where a Sensitive Use Extended License has been negotiated and purchased. For any questions related to what constitutes “identifiable” or “sensitive,” please contact support@Svgbuy.com.
4. Releases
a. Each asset detail page lists the type and number of releases available for that asset.
b. Model and property releases are available to clients upon request, but all identifying information will be redacted to protect private information.
5. Taxes
Client is responsible for any and all applicable taxes, customs, or duties imposed by any jurisdiction as a result of any license purchased by Client.
6. Payments and Pricing
a. Invoice payment terms will be net-30. This includes any Client purchasing on behalf of another entity, regardless of when the end user pays the purchasing Client.
b. Failure to pay will be considered a material breach of this Agreement.
c. Any invoice paid constitutes a binding agreement with Svgbuy.
7. Warranties and Disclaimers
a. Subject to all terms and conditions contained in this Agreement, Svgbuy represents and warrants that, to the best of its knowledge, the use by the Client of the Content as provided and as authorized in this Agreement will not infringe or violate the intellectual property rights, publicity rights, or privacy rights of any third party.
b. Svgbuy does not hold licenses for any audio tracks that may, in rare circumstances, accompany video Content. The Client has no rights to use such tracks.
c. Except as set forth in this Agreement, the Content is provided “as is” and Svgbuy makes no further representations or warranties as to the Content, including as to the accuracy of titles and descriptions.
8. Indemnification and Limitations
a. Subject to the provisions below, the Client agrees to defend, indemnify, and hold Svgbuy and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, employees, members, contractors, owners, agents, representatives, licensors, and (sub)licensees (collectively, “Indemnitees”) harmless from all claims, damages, liabilities and expenses (including reasonable legal fees) arising from:
i. the Client’s breach of any warranties or obligations under this Agreement, and
ii. from any and all uses of the Content by the Client resulting from the Client’s modification of the Content, the combination of the Content with any other work(s), and the context in which the Content is used.
b. Subject to the provisions below, Svgbuy agrees to defend, indemnify and hold Client and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, and employees harmless from all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from a breach of the representations and warranties set forth above. This section will not apply if the use and/or distribution by the Client of the Content has at any time not been in accordance with the terms and conditions of this Agreement or if the Client is otherwise in breach of this Agreement.
c. Each party’s indemnity obligations are conditioned on the indemnified party
i. promptly providing the other party with written notice of any claim or threat of a claim;
ii. giving the indemnifying party control of any defense or settlement, provided that the indemnifying party will not make any settlement that imposes any material obligation on the indemnified party without prior written agreement of the indemnified party.
iii. cooperating fully with the indemnifying party in the defense of any such claim or matter, including production of all reasonable related information.
d. Except for any liability which cannot by law be excluded or limited, in no event will the Indemnitees’ total liability to the Client arising from this Agreement, or the use of any Content licensed hereunder, exceed ten thousand dollars ($10,000.00) regardless of the number or type of claims and regardless of the number of times that the Client licenses the same content from Svgbuy. The foregoing exclusions and limitations are applicable notwithstanding any failure of essential purpose.
e. The foregoing states the entire obligation of Svgbuy and the other Indemnitees, and the sole remedy of the Client, with respect to any breach of the representations and warranties above. This indemnity section will survive the termination of this Agreement.
9. Termination
Svgbuy may terminate this Agreement at any time without notice if Client fails to comply with any provision of this Agreement. Upon termination, Client must cease use of any Content and delete Content from any of Client’s computers or systems. Svgbuy realizes that in some cases, removal of content will not be possible. Termination will only be used as a last resort.
10. Severability
If any provision contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect; the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable.
11. Waiver
No action by Svgbuy, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No action by Client, other than express written waiver approved, in writing, by Svgbuy, may be construed as a waiver of any provision of this Agreement.
12. Changes
Svgbuy reserves the right to modify these terms as needed from time to time. Unless Svgbuy determines a change alters the material understanding of how the Client may use the Content, Svgbuy will not be obligated to notify Client of minor changes.
13. Entire Agreement
This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of each party. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Client, the terms of this Agreement will govern.
14. Definitions
a. Agreement: this Content License Agreement, which governs the licensing and use of any Content available on the Site or otherwise affiliated with Svgbuy, and which may only be modified by an agreement in writing and signed by both Svgbuy and the Client;
b. Asset: any single photograph, video, or other digital media available to license from the Site or through Svgbuy directly;
c. Asset Detail Page: a page on the Site showing one asset and that asset’s details, including title, description, keywords, presence of any releases, and all other asset-specific material;
d. Client: any individual, entity, or agency using the Site to purchase sublicenses for Content;
e. Content: a collective term that includes any or all of the individual assets making up the Svgbuy collection;
f. Editorial: any content used for a non-commercial purpose, such as to provide context or illustrate an idea; often found in newspapers and blogs. All Content from Svgbuy may be used editorially;
g. License: payment in exchange for limited use of a copyrighted asset;
h. Member: an individual who has been accepted as a contributing artist at Svgbuy, and who provides Content to the site under Member Agreements. Members, by uploading Content to Svgbuy, authorize Svgbuy to grant sublicenses to such Content for use by Clients;
i. Promotional: not intended for sale, sublicensing, or other form of distribution in exchange for payment;
j. Resale/Distribution: the sale or distribution of any item or object that makes use of licensed Content as primary content;
k. Royalty Free: a licensing category where a Client pays a one-time fee in order to use the Content any number of times. All of Svgbuy’s license options are royalty free. Note that royalty free does not mean use is unrestricted; please see Sections 2 and 3 for details;
l. Site: the website found at www.Svgbuy.com containing Content for license and any affiliated sites;
m. Template: any pre-designed format or structure which may be customized by the individual user by replacing generic elements of the format or structure. Templates include but are not limited to turn-key websites, pre-formatted emails or newsletters, mobile app templates, or blog or CMS themes; and
n. Work: an original, finished product created by a Client and incorporating the licensed Content along with other materials.
Privacy Policy
As most websites do, Svgbuy collects some information from you as a co-op member or user of the Svgbuy website. Because of this, we want to assure you that we have your best interest in mind, and we've outlined our dedication to protecting your privacy in the document below. In essence, we will never sell your information to third parties, and we will take all necessary measures to ensure that your information is safe and secure. If you are looking for information on removal of personal information or GDPR, please see Section 10.
1. Application
2. Collection of Information by Svgbuy
3. Information That Will be Provided to Svgbuy
4. Communications
5. Cookies and Tracking Technologies
6. Use of Information
7. Sharing of Information
8. Retention of Information
9. Security of Information
10. Removal of Personal Data, including deletion in Accordance with General Data Protection Regulations (“GDPR”)
11. Minors
12. Conditions of Use
13. Changes to this Privacy Policy
This Privacy Policy sets out the practices of Svgbuy United (“Svgbuy”) with respect to the collection, use, and storage of personal information related to the use of and services provided through Svgbuy’s website (“Site”). Svgbuy encourages visitors to and users of the site to regularly review the current Privacy Policy. The most current version of this policy and others can be found at http://www.Svgbuy.com/legal.
1. Application
This Privacy Policy applies to all users of and contributors to the Site and covers all interactions, including but not limited to use of the Services and customer/contributor relations inquiries as well as all Svgbuy-related services that may be managed through other sites. If you do not agree with these terms, do not access or use the Site or make use of Svgbuy’s Services.
2. Collection of Information by Svgbuy
Svgbuy will only collect or receive Personal Information that is relevant to the legitimate purposes of the Site and to enable Svgbuy to provide the Services and do business with you.
3. Information That Will be Provided to Svgbuy
a. Generally:
i. Svgbuy receives and stores any information Users and Contributors enter on the Site or provide to Svgbuy in any other way, such as email, telephone, or mail.
ii. While you may choose not to provide Svgbuy with certain information, this may limit your ability to purchase content and use some features available from Svgbuy or to experience the most optimized performance from the Site.
b. Registration and Social Logins:
i. To use some services of Svgbuy you will need to register as a user and fill out a form with some personal information that you provide to Svgbuy, including your name and email address.
ii. If you utilize the option to sign into your Svgbuy account using Google or Facebook login services, you provide some personal information to Svgbuy from those accounts, including your user ID and avatar for the relevant social media account as well as your name associated with that account.
c. Purchasers and Contributors:
i. To purchase or sell content licenses from Svgbuy, you will need to provide additional information beyond that required to register, including contact and payment information.
ii. Contributors may be asked or are able to provide additional information for their contributor portfolio and profile, such as a biography, social media links, or photos of themselves. This is entirely within the control of the contributor.
d. Site Usage Information:
i. Usage Information includes the information created from your use of the Services and Site including metadata, device, and browser information generated from your use of the Site, location information regarding where you are accessing the Site, data about how you use the Site, and device log data recording when you have used the Site.
e. Consent by registration:
i. By registering to create an account or purchase or sell licenses, you consent to the use of your personal information as indicated in this Privacy Policy.
ii. You may correct, amend, update, or delete your personal information and change other privacy preferences at any time by signing into your account.
iii. If at any time you decide to retract your consent to this Privacy Policy, you will no longer be able to make use of Svgbuy’s services until you reissue your consent.
f. Billing and Payout Information:
i. In completing transactions for products and services with Svgbuy or being paid royalties by Svgbuy, the following Personal Information could be collected from you:
1. Billing information such as the number, expiration date, card type and billing address of your credit card;
2. Demographic information such as a company name or type, job title and job description; and
3. Contributor payment information for royalty payouts.
ii. When Svgbuy collects credit card information, that information will be collected by way of an encrypted secure socket layer technology (SSL) pass-through.
iii. Svgbuy does not and will not store any member’s credit card information on its systems.
g. Model Information:
i. Through the course of releasing identifiable models so images can be licensed for commercial use, Svgbuy obtains basic information about each model, including birth date, name, contact information, and ethnicity.
ii. Svgbuy will retain model information indefinitely for business and legal purposes related to the issuance of licenses but never shares contact information without explicit permission from the model or where required for licensing purposes (such as SAG payment requirements).
h. Information Collected Automatically:
i. Svgbuy will receive and store some information whenever you interact with Svgbuy through the Site.
ii. Svgbuy automatically receives and records certain "traffic data" on their server logs from your browser including your IP address, Svgbuy-related cookie information, and the page you requested. This traffic data is used by Svgbuy to help diagnose problems with its servers, analyze trends, understand usability issues, and administer the Site.
iii. There are programs offered by certain companies that help you to visit websites anonymously. By using such programs, however, you may impact Svgbuy’s ability to provide you with a personalized experience.
4. Communications
a. Email Communication from Svgbuy: Svgbuy may use your email address to notify you about:
i. Svgbuy-related news, products, offers, surveys or promotions, and/or
ii. Actions that have been performed on the Site including interactions with Customer Service, and/or
iii. Notices about your account or licensed content.
b. Opt Out:You may opt out of receiving information by:
i.Logging into your account and disabling certain communication options, or
ii. Clicking the unsubscribe link at the bottom of any marketing email you receive from Svgbuy.
iii. You may not opt out of all communications. Where the communication is required to maintain your account or conduct other legitimate business purposes, you may not opt out.
c. Sharing of your Email Address: Svgbuy will not provide your email address to a third party except as described in Section 7 below (Sharing of Information).
5. Cookies and Tracking Technologies
Cookies and similar technologies are alphanumeric identifiers that the Site transfers to your computer's hard drive through your Web browser to enable Svgbuy’s systems to recognize your browser and tell Svgbuy how and when pages in the Site are visited and by how many people. Svgbuy cookies do not collect personal information, and Svgbuy does not combine information collected through cookies with other personal information to tell Svgbuy who you are or what your screen name or email address is. Most web browsers can either alert you to the use of cookies or allow you to fully disable cookies. Svgbuy recommends that you leave the cookies activated as rejecting cookies may affect your ability to use the Site.
6. Use of Information
a. Svgbuy uses information in furtherance of its legitimate interests in operating the Site and providing the Services.
b. Svgbuy also uses information to assist in personalizing the user experience and improving the Site and Services.
c. Information may be used to:
i. Provide, update, maintain, and protect the Site and Services
ii. Communicate with users and contributors
iii. Develop tools and features through the use of other information to assess trends in use, search and discovery functionality, and other features of the Site and Services
iv. For financial reasons, including invoicing, setting up account payment terms, maintaining accounts, and related activities
v. For legal reasons, including maintaining records of license purchases, model, and property releases.
vi. Once information has been anonymized or de-identified so that you are no longer personally identifiable, Svgbuy may use the information for any business purpose.
d. If you utilize the option to sign into your Svgbuy account using Google or Facebook login services, Svgbuy will utilize your user ID to verify your identity and facilitate login.
7. Sharing of Information
Svgbuy will not rent or sell your Personal Information to anyone and Svgbuy will share your Personal Information only as described below:
a. Personnel of Svgbuy: The personnel and authorized consultants and/or contractors of Svgbuy may have access to user information if necessary in the normal course of Svgbuy’s business.
b. Payment Processing: One or more outside credit card processing companies will be used by Svgbuy to bill you for the goods and services offered by Svgbuy. We make every effort to ensure any company with which we may share Personal Information protects that data in a manner similar to this Privacy Policy and to limit the use of such Personal Information to the performance of the services being provided to Svgbuy.
c. Protection of Svgbuy and Others: Svgbuy may release personal information when it believes in good faith that such release is necessary to:
i. comply with any law, order, rule, or regulation;
ii. enforce the Terms of Use, Content License Agreement, other license agreements, any policies of Svgbuy, or any other legal agreements, or;
iii. protect the rights (including intellectual property rights), property, or safety of Svgbuy, its members, employees, contractors, or others.
iv. As examples, Svgbuy may exchange information with other companies and organizations for fraud protection and credit risk reduction or where ordered to by a court; or Stocks may provide model contact information to the buyer of a license where payment is required from the buyer under SAG rules.
d. Other Service Providers: Svgbuy utilizes a number of third-party tools and systems in order to provide the Services to Users and Contributors. These third parties include but are not limited to credit card payment processors, customer management systems, project management systems, image hosts, marketing and user experience integrations, and tools for contributors to manage their sales information. Svgbuy carefully vets third party services to ensure proper handling of any shared data.
e. Contributor Information: Contributor Information collected during registration and visits to the Site, such as your full name and location, social media links, or personal website addresses may be displayed to other Svgbuy users in your member profile. Contributors control what Personal Information is included and displayed publicly to other Users through the member profile and account settings.
f. With Your Consent: Except as noted above, if your Personal Information is to be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, Svgbuy will notify you in advance and allow for opting out where feasible.
8. Retention of Information
a. Svgbuy will retain account information for legitimate business and legal purposes including all records related to content licensed by Users.
b. Svgbuy may retain some information for as long as necessary for the purposes described in this Policy, including after deactivation of an account. Please note that as all licenses purchased from Svgbuy are in perpetuity, license information must be retained in perpetuity.
c. When possible, Svgbuy will restrict the retention of information to the shortest possible time period.
d. Svgbuy may pseudonymize some information for ongoing retention without identifying features.
9. Security of Information
a. Passwords:
i. Your Svgbuy User or Contributor account information is protected by a password for your privacy and security.
ii. You should protect against unauthorized access to your password and to your computer by using a strong alpha-numeric password and by logging off once you have finished using a shared computer.
iii. Svgbuy utilizes one-way cryptographic salt and pepper hashing to secure all of its User and Contributor passwords, making their contents irrecoverable, even to Svgbuy employees.
b. Access by Svgbuy Employees:
i. Only personnel of Svgbuy who need personal information to perform a specific job (for example, a customer service representative, legal team member, or accountant) are granted access to your member account information.
ii. All of Svgbuy’s employees will be kept up to date on our privacy and security practices.
c. Encryption of Sensitive Data:
i. When you enter sensitive information through our Site, Svgbuy encrypts that information using secure socket layer technology (SSL).
ii. Collection of credit card information from Svgbuy’s users and members is collected by way of an encrypted secure socket layer technology (SSL) pass-through, and
iii. Svgbuy will not store any member’s credit card information on its systems.
d. Disclaimer: Although Svgbuy will use commercially acceptable methods to protect all Personal Information submitted to it, you should be aware that no method of transmission over the Internet or method of electronic storage is completely secure. Svgbuy cannot guarantee the absolute security of such Personal Information.
10. Removal of Personal Data, including deletion in Accordance with General Data Protection Regulations (“GDPR”)
a. To request removal and deletion of personal data obtained by Svgbuy in the course of providing its services, please contact Svgbuy’s Legal team at support@Svgbuy.com.
b. If you are making the data removal request for an account identified by a different email address than the one used to make the request, please reference the relevant email address.
c. Upon receipt of a request, we may verify some or all of the information provided prior to deletion or anonymization of data, but all covered data will be deleted or anonymized within 28 days of request or verification confirmation as required by law.
11. Minors
You must be 18 years or older to register to use the Site, and Svgbuy has no intention of soliciting or collecting Personal Information from anyone under that age. If Svgbuy learns that it has collected information from a minor under the age of 18, Svgbuy will delete that information as quickly as possible. If you are under the age of 18, do not enter any information on our Site. If you are under 18 but interested in becoming a contributor, please contact legal@Svgbuy.com to inquire in addition to filling out any application. Accepted contributors may be 16 and over, and may enter Personal Information related to their accounts.
12. Conditions of Use
If you decide to visit the Site, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of British Columbia law.
13. Changes to this Privacy Policy
Svgbuy may amend this Privacy Policy from time to time, at its sole discretion and in order to comply with then-current law. If Svgbuy makes changes to the Privacy Policy, Svgbuy will notify you by posting an announcement on the Site or sending an email so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed. You will be deemed to have been made aware of, and will be subject to, any material changes to this Privacy Policy after such notice has been posted. Use of information collect by Svgbuy will be subject to the Privacy Policy in effect at the time such information is used, regardless of when the information was collected.
This Privacy Policy is effective as of March 22, 2021.
Svgbuy takes the privacy of its users and contributors seriously. If you have any questions or concerns about this Privacy Policy you are encouraged to contact us at support@Svgbuy.com.