1. Definitions. “You” or “Customer” refers to you as the user of the Service, including, your employer or the entity on whose behalf you are entering into these Terms. “Service” means the vector icon packs subscription service the Company provides through the MaxVectors website.
2.1 License Grant. Subject to the payment of the applicable subscription fee, Company grants to you a non-transferable, royalty-free, worldwide right to download and copy the vector icon packs for the following uses: for advertising, graphic design, marketing, promotional graphics, web design, product packaging, film, video, illustration, multimedia presentations, online banner advertising, software, mobile or tablet applications, computer game, dog collars, and GUI design.
If you are using the Service on behalf of an entity or employer, then Company grants you the right to have a total of three (3) users from the entity or employer use the vector icon packs. If you need more than three (3) users then contact us about additional user seats.
If you are using the Service for a client then you have the right to use the Service for an unlimited number of clients. For each client you may use the Service on no more than 3 web sites. To use the Service on more than 3 web sites of a specific client, You or the client need to obtain an additional license.
2.2 Restrictions. You are only permitted to use the vector icon packs in accordance with these Terms and cannot use the vector icon packs for any other purpose without the express written consent of Company. You cannot modify, reverse engineer, decompile or create derivatives of the vector icon packs. Your Company, including, but not limited, offering for sale or distributing Company’s vector icon packs to third parties. You cannot use the vector icon packs to create any “print on demand” products or induce others to create these products.
You cannot resale or distribute the vector icon packs or share the vector icon packs unless expressly permitted under these Terms.
You may not use this License to provide the Service to customers if you are a web hosting company or a Content Management System or Web Site Theme building without obtaining an Extended License.
2.3 Proprietary Rights. The license granted under these Terms is a limited license and Company retains all right, title and interest, including, but not limited to, all copyrights, trade secrets, patents and trademarks, in and to the vector icon packs and any modifications or enhancements thereto or derivatives thereof. All copies of the vector icon packs are the exclusive property of Company.
2.4 Extended Licenses. If you want to use the vector icon packs for the purpose of selling, licensing or distributing a product incorporating Company’s vector icon packs, then you must purchase from Company an extended license before doing so. This includes the use of the vector icon packs in digital or non-digital products. Contact us to get an Extended License.
3. Service Fee.
The Service is a yearly subscription service that is billed before the subscription begins and prior to the downloading of the vector icon packs. Because the service contains digital goods the subscription fee is nonrefundable. If you choose not to renew your subscription or fail to timely pay your renewal fee, then the license granted by Company under these Terms will be terminated and you may not download additional icons until you have renewed your subscription.
4. Term and Termination.
4.1 Term. One (1) year term.
4.2 Termination. You can terminate your account any time you want and still access it for the remainder of the Term for which you have already paid. There are no refunds for early termination.
Company may terminate or suspend your account or ability to use the Service if You breach these Terms or if You are suspected of involvement in any illegal activity. Any termination or suspension of your account could prevent you from accessing your account, the Service or any other related information.
5. Company’s Content and Other Proprietary Rights. The Company or its third party licensors own the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Service (“Max Foundry’s Content”). The Company or its third party licensors own the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Max Foundry’s Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of Max Foundry’s Content in whole or in part except as expressly authorized in writing by the Company or as specified in these Terms. The Company does not grant any express or implied rights, and all rights in and to the Service and to Max Foundry’s Content, are retained by the Company.
6. NO WARRANTY. The company provides service “as-is.” This includes all faults and as available. The company gives no express warranties, guarantees, or conditions. To the extent permitted by law, the company disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, the company does not warrant that the service, the site or the content will be accurate, error-
free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this agreement cannot change. The terms of this section shall survive any termination of these terms.
7. LIMITATION OF LIABILITY. In no event will the company or its directors, employees or agents be liable to you or any third person for any loss or damage (including, but not limited to, any direct, indirect, punitive, actual, consequential, incidental, special or exemplary damages or for lost profits or lost data) resulting from your use of or inability to use the service or the material, information, software, video, or other content on the site, regardless of the basis upon which liability is claimed and even if the company has been advised of the possibility of such loss or damage.
Notwithstanding any of the foregoing, the company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for use of the service or site, but in no case shall the company’s liability to you exceed $750. You acknowledge that if no fees are paid by you to the company for the use of the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the company, regardless of the cause of action. The limitations of liability will apply to you only to the extent permitted by applicable law. The terms of this section shall survive any termination of these terms.
8. Indemnity. Customer agrees to indemnify and hold the Company and its affiliates, officers, agents, subsidiaries, or other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) Customer’s use of the Service; (ii) Customer’s connection to the Service, including Customer’s use of the Service to provide a link to another site; or (iii) Customer’s violation of these Terms. The terms of this section shall survive any termination of these Terms.
9. Service Availability. The Company reserves the right at any time and for no reason to modify, update or discontinue, temporarily or permanently, all or any portion of the Service with or without notice.
10. General. These Terms constitute the complete agreement and supersede all prior agreements between you and the Company. These Terms are governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and the Company each irrevocably consent. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. The Company’s failure to act or your failure to act with respect to a breach does not waive the Company’s rights or your right act subsequently. You may not assign or transfer rights under these Terms, or delegate any duties. The Company retains the right to assign its rights under these Terms or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. These Terms will bind the Company’s successors and permitted assigns.
11. Notices. Any notice from You to the Company must be addressed to firstname.lastname@example.org. These Terms are in electronic form. There may be other information regarding the Service or the Site that the law requires us to send You. You consent to the Company sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if You do, You must stop using the Site or the Service. We may provide required information to You by email at your registered email address or by access to the Site, Service or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to You by email will be deemed given and received on the transmission date.