By using this site and/or downloading any material, you agree to be bound by this Agreement. We reserve the right to change this agreement at any time without further notice. Should you disagree with anything stated here, then you are not granted the right and license to download, copy or use any of the Artworks covered by this Agreement.
This Artwork Licensing Agreement (the “AGREEMENT”) is entered into effective on the date you download the Artwork and shall be considered a binding Agreement between eL Seed (“ARTIST”) and you (“USER”).
1) Scope of this Agreement.
This Agreement applies to any Artwork, image, graphics, digital assets, or digital images, or any part thereof, created by Artist as part of the ‘ElSeed Coloring Book’ (collectively known as “IMAGES”), and made available for free download to the User. This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Artist reserves the right to revoke your authorization to view, download and use the images and information available related to the Artwork, and you agree to immediately discontinue your such use upon written notice from the Artist. All rights not specifically granted under this Agreement are reserved to the Artist.
2) RIGHTS GIVEN TO USER:
The rights given to the User are strictly for non-commercial use and for personal hobbyist purposes only.
a- What you can do:
i- You may download the Artwork file.
ii- You may print the pages in the coloring book to color and display or sharing, including on social media and on a personal, non-commercial purposes.
iii- You may share the link to the download site on social media and other means in order to allow others to access the site and download the coloring book.
b- What you cannot do:
i- You may not use the artwork for any commercial purposes including, but not limited to, sale, rent licensing or any other type of commercial use or use in advertisements or other types of commercial communications. This shall include print, digital or any other format.
ii- You may not use the Artwork, whether the raw files or colored, in full or in part, as a part of any type of art exhibition or display, or any other public display, whether paid or unpaid.
iii- You may not alter or change the Artwork other than color the artwork, or make any derivative work to it, and in any case, you agree that any alterations or amendments to the original artwork or derivatives works shall become the exclusive property of the Artist with all the rights that come with it and all the terms in this Agreement shall also apply to the derivative work and you agree to sign any instrument, at the request of the Artist, to give all rights to any such works to the Artist.
iv- You may not share the original coloring book electronic files with any other person or entity through any electronic means including emails, FTP sites, any type of memory devices or any other type of means that may allow the sharing of the electronic Artwork file and that you will direct any person to the Artist site for download purposes.
v- Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere. You may not remove and/or alter such information and any such alteration may constitute a violation of the copyright law and/or other laws and may be cause for legal action in addition to any copyright infringement which may have occurred.
vi- You may not claim the Artwork, whether the raw file or colored images or prints to be your work and you shall always ascribe all copyright to the Artist.
3- INTELLECTUAL PROPERTY:
User agrees that all Images and rights relating to them, including copyright, reproduction rights, remain the sole and exclusive property of the Artist. This license provides the User with the limited right to reproduce and distribute the Images only for the agreed upon terms as set forth above in clause 2(a). User acknowledges that nothing in this Agreement shall be construed to bestow any of the copyright or related rights of the Artwork to the User.
4- Indemnification: User agrees that the free Artwork is provided on an ‘as is’ basis and will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the use of the Images or materials.
5- Transfer and Assignment: Client may not assign or transfer this agreement, or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
6- General Law/Arbitration: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Emirate of Dubai, United Arab Emirates. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Dubai, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.