The Creative Elements (or TCE) means Longina Phillips Designs Pty Ltd (ACN 003523564), L1, 425 Elizabeth Street, Sydney, NSW, 2010, Australia.
Images means artworks, drawings, graphics, motifs and the like which are owned by TCE and offered for license under the TCE branded business.
The following Licence Terms and Terms & Conditions (collectively the Terms) form an agreement between you and The Creative Elements (TCE) and sets out the rights and obligations in relation to the Images licensed by you.
Modification of Terms
TCE reserves the right to modify the Terms at any time in its sole discretion. TCE will use reasonable efforts to notify you of any modification by email or as an announcement on this website. Modifications to the Terms apply to new purchases and any renewals.
In licensing Images, you agree to be bound the Terms as modified, and we encourage you to review the current Terms on a regular basis.
Single seat Image Licence
This is a single seat licence authorising one person to license, download and use Images. No other persons may access your account of use Images licensed through your account.
The licence can be installed on up to two computers used by you, provided only one computer is used at a time.
TCE grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited here) and reproduce Images worldwide, in perpetuity, as expressly permitted by the type of licence and subject to the limitations set out here.
Yes - physical products, must not exceed 500 units.
Yes – provided print in physical form, must not be reproduced more than 5,000 times in the aggregate.
Yes – provided digital products, must not exceed 500,000 gross impressions
Yes – provided audio-visual content, must be for a production which has a budget which does not exceed US$10,000
Additional licence terms
- The Personal, Commercial or Enhanced Commercial licences grant you the right to use Images to create physical product, print form, digital products and audio-visual content (End Product) subject to the restrictions above and on the following terms.
- End Product must not simply redistribute the Images and must be significantly different from the Images in that the End Product has involved the exercise of skill, care and time to produce.
- End Product may be used for one project, that is an application of the Images to create an End Product under a single concept.
- You may not use any Images in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
- You may not use any Images in a manner that infringes upon any third party's trade mark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- You may not register any unmodified Images (in whole or in part) as a trade mark or service mark.
- You may not falsely represent, expressly or by way of reasonable implication, that any unmodified Images (in whole or in part) was created by you or a person other than TCE.
- You are not required to credit TCE in relation to any modified Images created by you under the Terms.
- If TCE identifies any use of the Images by you, you hereby grant TCE a worldwide, non-exclusive license to feature your use of the Images and to use your trade marks in TCE's promotional materials.
- Except when required by law, TCE shall be under no obligation to issue refunds under any circumstances.
- If TCE is required to collect indirect taxes (such as goods and services tax, sales tax, value-added tax et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where TCE or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
- Upon notice from TCE or if you learn that any Images are subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which TCE may be liable, or if TCE removes any Images for any reason and gives you notice of such removal, you will remove the Images from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Images at your own expense. TCE shall provide you with comparable Images (which comparability will be determined by TCE in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this licence.
- If you are entering into these Terms on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to TCE for any breaches of the terms of these Terms.
- If any individual term of these Terms is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these Terms, so that these Terms shall otherwise remain in full force and effect.
- It is expressly understood and agreed that the Terms are entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by these Terms as to third parties.
- In the event that you breach any of the Terms, TCE shall have the right to terminate your account without further notice, in addition to TCE's other rights at law and/or equity. TCE shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- TCE does not offer refunds or exchanges for delays in both physical and electronic stock orders.
- All Images are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
- If the Images are modified or used in a particular context, they may resemble the artwork or images of a third party. If you make such modification or use Images in such context, you are solely responsible for this use and any claim that a third party may make.
- Neither TCE nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Images, TCE's breach of this agreement, or otherwise, unless expressly provided for herein, even if TCE has been advised of the possibility of such damages, costs or losses.
- You will indemnify and hold TCE, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Images other than the uses expressly permitted by this Licence. You further agree to indemnify TCE for all costs and expenses that TCE incurs in the event that you breach any of the terms of this or any other agreement with TCE.
- These Terms are governed by and shall be construed in accordance with the laws of the State of New South Wales Australia. The law applicable to use of the Images and to disputes arising out of the Images is the state of New South Wales, Australia.
EFFECTIVE DATE: 26TH NOVEMBER 2018