Tumbler Wrap of Ghost Mask/Goth Melt

Digital Image Download/Digital Image License  =  NO REFUNDS

This is a DIGITAL item for INSTANT DOWNLOAD! No PHYSICAL ITEM will be mailed!

This digital image license is specifically for (50) skinny tumblers

Digital download includes:

1). Purchased digital image. 

2). Legal License Agreement.

3). Sample Tumbler display image for product listings. 

4). "Verified Seller" image for product listings.

Purchased image is high resolution PNG FILE (300 dpi). Depending on tumbler, image may need resizing/cropping adjustments

LEGAL AGREEMENT:

 DIGITAL IMAGE LICENSE

This Digital Image License is granted by BrizBazaar LLC (BrizBazaar) to the Purchaser of a digital image from BrizBazaar LLC in consideration of purchase of the digital image and payment of the purchase price.  The rights of the Purchaser to utilize the image are limited to those specifically set forth below.  The digital image and the copyright to the digital image remain the property of BrizBazaar LLC, and may not be copied or distributed except as expressly permitted below.

This License is effective upon the purchase of a Digital Image File.

‌1.  Definitions. For purposes of this License, the following terms shall have the following meanings:

“Copy” means any physical object upon which the Digital Image has been reproduced.  Physical objects include, but are not limited to drinkware such as glasses, tumblers, drinking cups, and can/jar wraps; jewelry; and the like.  “Copy” does not include any electronic copy of the Digital Image or Digital Image File.

“Digital Image” is the image which is purchased by the Purchaser.

“Digital Image File” is the electronic file containing the Digital Image.

 ‌”Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.

 ”Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.

“Purchaser” means the Person purchasing a Digital Image. 

”Term” means until the licensed number of Copies of the Digital Image have been made and distributed.

2.  License.

2.1  License Grant. Subject to the terms and conditions of this License, BrizBazaar hereby grants to Purchaser a non-exclusive, non-transferable, non-sublicenseable license to make and distribute not more than fifty (50) Copies of the Digital Image.

2.2  Purchaser shall not transfer a Digital Image File or electronic copy thereof to any other Person. 

 2.3  Sublicensing. Purchaser shall not grant sublicenses under this Agreement.

2.4  Reservation of Rights. BrizBazaar expressly reserves all rights not expressly granted to Purchaser under this License.

2.5  No Alteration of Digital Images or Digital Image Files.  Digital Images are to be used only in the exact form in which they are purchased.  Purchaser agrees not to alter the Digital Images in any way.

2.6  Attribution of authorship.  Purchaser agrees that the following will appear on any Copy:  “© BrizBazaar LLC.  Reproduced with permission.”  If the required notice is already included in the Digital Image File as part of the Digital Image, then use of the unaltered Digital Image will satisfy this requirement.

 3.  Ownership and Registration.

3.1  Acknowledgement of Ownership. Purchaser acknowledges that BrizBazaar is the owner of the Digital Image and the copyright to the Digital Image.  Purchaser agrees not to dispute or challenge or assist any Person in disputing or challenging BrizBazaar’s rights in and to the Digital Image or the copyright for the Digital Image.

 ‌3.2  Licensee Restrictions. Purchaser agrees that it shall not apply for, or obtain, or assist any Person in applying for or obtaining any registration of the Copyright to the Digital Image.

 ‌4.  Payment and Consideration for the License.

 ‌4.1  Up-Front Payment. Purchaser shall pay the full purchase price for the Digital Image prior to downloading or otherwise acquiring the Digital Image file.  Payment of the full purchase price is full compensation for BrizBazaar for the License granted herein.

 ‌4.2  Audit Right. Purchaser shall keep complete and accurate books and records showing the description price, quantity and date of manufacture and sale of all Copies made, sold, or distributed. Such books and records shall be kept separate from any books and records not relating solely to the Copies and be available during normal business hours for inspection and audit by BrizBazaar or its authorized representative, who shall be entitled to take copies of or extracts from the same. If such inspection or audit should reveal that more than 50 Copies of the Digital Image have been sold or distributed, Purchaser shall pay to BrizBazaar the purchase price for the number of licenses which would be necessary to properly license all Copies which have been made, sold, or distributed, with each license providing permission to make, sell, or distribute 50 Copies, and reimburse BrizBazaar for any professional charges incurred for such audit or inspection. Such inspection and audit right of Licensor shall remain in effect for a period of one year after the Purchaser discontinues selling Copies, and shall be in effect if the Purchaser recommences selling Copies.

5.  Representations and Warranties.

5.1  Disclaimer of Representations and Warranties. Nothing in this Agreement shall constitute any representation or warranty by Licensor that:

(a)  any copyright is valid;

(b)  any application for copyright registration shall proceed to grant or, if granted, shall be valid; or

(c)  the exercise by Purchaser of rights granted under this License will not infringe the rights of any Person.

 ‌5.2  Exclusion of Consequential and Other Indirect Damages. To the fullest extent permitted by Law, BrizBazaar shall not be liable to Purchaser for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not Purchaser has been advised of the possibility of such damages.

 6.  Assignment. Purchaser shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this License, in each case whether voluntarily, involuntarily, by operation of law or otherwise. Any purported assignment, delegation or transfer in violation of this Section 12 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

 ‌7.  Term and Termination.

7.1  Term. This Agreement shall commence] as of the date upon which the Purchaser purchase the Digital Image File, and shall remain in force until the Purchaser has sold or distributed fifty (50) Copies (the “Term”).

7.2 If Purchaser wishes to sell or distribute more than 50 Copies, then Purchaser may do so by Purchasing another copy of the Digital Image File along with the associated License.  Purchaser may purchase as many Digital Image Files as are needed to copy and distribute each set of 50 Copies that Purchaser wishes to make, sell, or distribute.

7.3  Surviving Rights. Any rights or obligations of the parties in this Agreement which, by their nature, should survive termination or expiration of this Agreement will survive any such termination or expiration, including the rights and obligation set forth in this Section 7.3 and Section 1, Section 4, Section 5, Section 6, Section 7, and Section 8.

8.  Miscellaneous.

 8.1  Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this License shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 ‌8.2  Interpretation. For purposes of this License, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this License as a whole. Unless the context otherwise requires, references herein: (i) to Sections refer to the Sections of this License; and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This License shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

 ‌8.3  Entire Agreement. This License constitutes the sole and entire agreement of the parties to this License with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.

8.4  No Third-Party Beneficiaries. This License is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this License.

8.5  Headings. The headings in this License are for reference only and shall not affect the interpretation of this License.

8.6  Amendment and Modification; Waiver. This License may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this License, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this License shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

8.7  Severability. If any term or provision of this License is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this License so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

8.8  Governing Law; Submission to Jurisdiction. This License shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Pennsylvania. Any legal suit, action or proceeding arising out of or related to this License or the Services provided hereunder shall be instituted in the United States District Court for the Western District of Pennsylvania, located in Pittsburgh, Pennsylvania, or the Court of Common Pleas of Washington County, Pennsylvania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.

8.9  Equitable Relief. Licensee acknowledges that a breach by Licensee of this License may cause Licensor irreparable damages, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, Licensor will be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance and any other relief that may be available from any court, in addition to any other remedy to which Licensor may be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this License to the contrary.

 ‌8.10  Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by BrizBazaar hereto against the Purchaser arising out of or related to this License, if BrizBazaar is the prevailing party, then BrizBazaar shall be entitled to recover its reasonable attorneys’ fees and court costs from the Purchaser.

 ‌...

 

 Licensed Use Highlights:

- Downloaded image can only be used as tumbler wrap

- Up to 50 tumblers can be sold with licensed image

- Size adjustments can be made to fit tumbler (if needed)

- Sample Tumbler image and Verified Seller image can be used in product product pics (not mandatory, but suggested)

- Credit to artist must be given in product description / and in comments on social media (@brizbazaar) 

 

Prohibited Hightlights:

- Digital image file CAN NOT be resold to ANYONE

- Digital image file CAN NOT be given away or shared with ANYONE (And NO sharing on social media posts/comments) 

-Digital image file CAN NOT be used on other physical products that aren't licensed

-Digital image CAN NOT be altered or changed in any way (ie: No additions to image or color changes to the image)