AGREEMENT. Your use of Kosmos™ and/or Satellite™ our online digital design products, is subject to the terms set forth below. If you accept them by clicking “Yes, I Agree” below, these terms will constitute a legally binding agreement between you (the user of this product) and us (Documentary Designs, Inc. d/b/a The Design Library).
USE OF KOSMOS™. You may use Kosmos™ and/or Satellite™ only if it is registered in your name or the name of your company and your username and password have been authorized by us. As used herein, “you” means the individual listed as the registrant of the applicable Kosmos™ and/or Satellite™ account, unless that individual is acting on behalf of an employer or another third party, in which case “you” refers to such employer or third party. You may acccess and view each Kosmos™ and/or Satellite™ digital image only for the purpose of determining if you wish to license the image, You may not copy, download, print, forward, capture, adapt or make any use of any image unless and until you obtain a license, as set forth below.
GRANT OF LICENSE. Provided you are an authorized user, with respect to each digital image licensed from us by you through Kosmos™ and/or Satellite™ you will have a non-transferable, worldwide, royalty-free license to use and incorporate the image in your own work, your products, and/or your services, for any purpose, provided you make no use of the image in any product, service or item whose primary purpose or effect is to market, offer or provide stock images or designs. The license will take effect if and when you make full payment of the applicable license fee, as invoiced to you or included in your subscription, and is granted subject to your compliance with the terms of this agreement. The license applies to the licensed digital image and does not apply to the design or pattern depicted therein.
When you license a Kosmos™ image, the image will be removed from the Kosmos™ database during the period of your license, and during such period will not be available to be viewed or licensed by other users. However, it is understood that the design depicted may be available from one or more third-party sources. When you license a Satellite™ image, rights are granted as above but are non-exclusive. The same image may be licensed by others simultaneously and the design image will remain in the Satellite™ database.
WARRANTY LIMITATION. Our policy is to carefully control our inventory of designs and to take steps to avoid knowingly licensing any image that depicts a design in which a third-party holds a valid copyright or that is similarly encumbered. We are always willing to share available information of relevance that we may have regarding the history of each design. However, we make no representation or warranty as to the accuracy or completeness of any information we may provide with respect to any design, and we will have no obligation or liability with respect to such information or your reliance upon or use of it.
The design depicted in each licensed image is provided “as is” for inspirational purposes only. No license is granted with respect to any such design and we make no representation or warranty of any kind as to whether any design is free from third-party copyright, trademark or other intellectual-property claims.
We will have no liability for any direct, consequential or other damages resulting from your use of any image or the design depicted therein. You hereby indemnify and will hold us harmless against any and all third-party claims arising from such use, including, without limitation, any claim that your use violates any copyright or other intellectual-property right of any third party. In the event of any third-party claim asserted against you in connection with any licensed design, our obligation and liability will be limited to return of the amount of the license fee paid by you. Under no circumstances will we be liable for special, indirect, or consequential damages.
OWNERSHIP. The copyright and other intellectual property rights in Kosmos™, Satellite™ and in each licensed image (exclusive of the design depicted therein) are and shall remain the exclusive property of our company and/or our suppliers.
ARBITRATION. Any dispute or claim arising out of or relating to this agreement and/or your use of the product shall be resolved by binding arbitration conducted in the State and County of New York, U.S.A., in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). You hereby agree to the jurisdiction of the AAA and the courts located in such county and state with respect to all disputes arising hereunder. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
OTHER TERMS. This agreement and each license granted hereunder: (I) is not capable of assignment by you; (II) cannot be amended or waived except in a written document signed by the party against whom enforcement is sought, with no waiver of any instance of breach to be construed as a waiver of any other instance; (III) will not be interpreted against either party on the ground that it was drafted by that party; (IV) is binding upon your respective affiliates, employees, principals, agents, representatives, successors, and heirs; (V) will not be deemed to create a partnership, joint-venture, agency, employee/employer, or similar relationship; (VI) is governed by the laws of the State of New York and the U.S.A. (excluding conflict-of -laws rules); and (VII) sets forth your and our entire agreement regarding the subject matter hereof, superseding any previous understandings or arrangements in this regard.
ACCEPTANCE OR REJECTION. You may accept or reject the terms of this agreement by clicking the appropriate button provided below (i.e., either “Yes, I Agree” or “No, I Do Not Agree”). If you click “Yes, I Agree” you will be confirming your agreement to all of the above terms, and this will become a legally binding agreement between you and us. If you click “No, I Do Not Agree”, you will be deemed to have rejected this agreement and you will not be permitted to use the Kosmos™ and/or Satellite™ product or to access or use any of the designs.
YES, I AGREE NO, I DO NOT AGREE
Kosmos™ and Satellite™ are trademarks and service marks of The Design Library.
Copyright © Documentary Designs, Inc. d/b/a The Design Library, New York. All rights reserved.
