Digital Scrapbooking Premium Membership

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Terms and Conditions of Use 
CONTENT LICENSE AGREEMENT

This is a legal contract between you and PIXELPAINTPAPERS.COM, a division of IceLink Design. By downloading Content from our website, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or agree with these terms do not download the Content.

This is a license, not a sale. We or our Members continue to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement ("Agreement") that states what you may and may not do with the Content and contains limitations on warranties and remedies.

Only you are permitted to use the Content. Any additional persons who wish to use the Content must download it from the PixelPaintPapers website themselves. Within this Agreement, "PixelPaintPapers", "we", "our" and "us" refers to PixelPaintPapers.com, a division of IceLink Design, and "you" and "your" refers to you, the customer.

1. This Agreement governs your use of PixelPaintPapers's Content (namely, the paper patterns, frames, embellishments, or other material that you are downloading from the PixelPaintPapers website in conjunction with you entering into this Agreement with PixelPaintPapers ("Content").

2. We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by PixelPaintPapers or its Members, as the case may be.

PERMITTED USES:
3. You may:
(a) use the Content in the following applications:
(i) scrapbook, archival and various paper crafts, including printed scrapbook papers, frames or embellishments, atered books, greeting cards, and digial scrapbook layouts;

(ii) online or digital format for the use of creating scrapbook layouts;
(iii) prints (i.e. a hardcopy) and reproductions for personal use;
(b) create Derivative Works (namely an original work within the meaning of the Copyright Act which incorporates but is not substantially similar to the Content) by incorporating the Content into your own work;
(c) transfer or display files containing Content or Derivative Works for the purpose of sharing your work with others, provided that such parties shall not have no further rights to use the Content.

PROHIBITED USES:
4. You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:
(a) use the Content in design template applications for resale, including, without limitation, website templates, flash templates, and brochure design templates;
(b) display the Content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items;
(c) use the Content in any posters (printed on paper, canvas or other mediums) or other items for resale;

(d) use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
(e) incorporate the Content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);
(f) use the Content in a fashion that is considered by PixelPaintPapers Inc. (acting reasonably) as pornographic, obscene, defamatory or libelous in nature;
(g) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
(h) sub-license, re-sell, rent, lend, or otherwise distribute the Content;
(i) post a copy of the Content on a network server or web server for use by other users; or
(j) transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.

TERM:
5. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, and any Derivative Works related thereto, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content, and any Derivative Works related thereto, for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Content, and any Derivative Works related thereto, to cease using the Content, and any Derivative Works related thereto, for any purpose, and to confirm to PixelPaintPapers in writing that you have complied with these requirements.


6. Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to PixelPaintPapers under this agreement or your obligations to not use the Content, or any Derivative Works related thereto, other than in the manner permitted under this Agreement.

LIMITATION OF REMEDIES & LIABILITY:

7. PixelPaintPapers's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content or accompanying material (if applicable), or out of your actions in downloading the Content, shall be as follows:
(a) You may, upon request to PixelPaintPapers, be permitted to download the Content again, at a location PixelPaintPapers will provide for you;
(b) If you continue to be unable to download the Content, PixelPaintPapers will refund the fee actually paid by you in respect of the use of such Content, provided PixelPaintPapers determines in its sole and absolute discretion that you have been unable to download such Content successfully.

8. IN NO EVENT SHALL PixelPaintPapers OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

9. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS
AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO PixelPaintPapers UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.

10. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


INDEMNIFICATION:
11. You agree to indemnify and hold PixelPaintPapers harmless against all claims or liability asserted against PixelPaintPapers arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.


GENERAL:
12. If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

13. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.

14. PixelPaintPapers reserves the right to elect at a later date to replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Derivative Works related thereto, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Derivative Works related thereto, in products that already exist.

JURISDICTION & ARBITRATION:

15. This Agreement will be governed under the laws of the state of Minnesota and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

16. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PixelPaintPapers, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PixelPaintPapers RELATING TO THE SUBJECT OF THIS AGREEMENT.
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