Terms of Use - Anamored

PLEASE READ CAREFULLY BEFORE PURCHASING OR DOWNLOADING ANY IMAGES OR ANY OTHER MATERIALS FROM THIS WEBSITE:
(This page last updated on 8/7/19)

This license agreement is a legal agreement between YOU and US, Anamoglam Inc of Tryon, NC in regards to:

the SVG (Scalable Vector Graphics) downloadable image files.

the Embroidery Designs, Machine Formatted downloadable files.

We license use of the Images to you on the terms of this Agreement. We do not sell the Images/Files to you. We remain the owners of the Images at all times.

IMPORTANT NOTICE TO ALL USERS: BY CONTINUING WITH THE PURCHASE OR CLICKING TO “ACCEPT” YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU (AND IF YOU ARE A BUSINESS, YOUR EMPLOYEES). BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO BE BOUND BY OUR WEBSITE TERMS OF USE, PRIVACY POLICY AND COOKIES POLICY, WHICH FORM PART OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE USE OF IMAGES AND FILES TO YOU AND YOU MAY NOT DOWNLOAD OR PURCHASE ANY IMAGES FROM THIS WEBSITE.

You should retain a copy of this Agreement for future reference.

1. GRANT AND SCOPE OF AGREEMENT

1.1 In consideration of payment by you of the agreed fee and you agreeing to comply with the terms of this Agreement, we grant to you a non-exclusive, non-transferable license to use the Images and Embroidery Files royalty-free within the terms of this License. We assume you are one user. Separate/additional terms may apply to any request for any additional users besides yourself.

1.2 You may

(a) Subject to the terms of this agreement, you may print or embroider files onto any project for resale for personal or small commercial use. Small commercial must not exceed 50,000 times.

(b) Download a copy of the purchased files an unlimited amount of times. This applies to paid downloads only. Download links for free designs will expire once the promotion has ended.

(d) You may use the artwork in personal or small commercial branding, printed marketing material or online marketing material.

1.3 You may not

(a) Resell, rent, lease, sub-license or loan any part of our designs electronically.

(b) Share or redistribute electronic files. This would require an additional user license.

(d) Reproduce the Images, in whole or in part, either individually or in combination with others.

(e) Use or display the Images in an electronic format which enables them to be downloaded or shared in any peer-to–peer or similar file sharing arrangement;

(f) Install or transfer the images to a network server or web server for use by other users unless otherwise agreed by a multi-user or site license;

(g) to keep all copies of the Image secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Images;

(h) if you are a business, to supervise and control use of the Images and ensure that the Images are used by your employees and representatives in accordance with the terms of this Agreement;

(i) not to use the Images or any Anamoglam Content to provide any white labeled or competing products or otherwise imply or present the Images or Anamoglam Content in such a way as to imply or suggest that we endorse your products or that the Images or Anamoglam Content is your own;

3. UPDATES TO LISTINGS

We update our files frequently. Once a listing’s files are updated, so will the files in your order. We cannot guarantee that the files you ordered will be the same as time progresses so please download immediately and date your files. We are constantly making changes to improve our website.

4. YOUR INDEMNIFICATION

We are not responsible for any damage or losses that may occur after the use of our digital designs. We recommend that you test all our embroidery files on similar material prior to applying to final product.

4.1 The Designer shall indemnify the Customer against all damages, losses and expenses arising as a result of any action or claim of infringement of Intellectual Property Rights of a third party.

4.2 The indemnity in clause

4.1 is subject to the following conditions:

(a) the Customer promptly notifying the Designer in writing of the claim;

(b) the Customer making no admissions or settlements without the Designer’s prior written consent;

(d) the Customer allowing the Designer complete control over the litigation and settlement of any action or claim.

4.3 The Designer shall not use or re-create the look and feel of the Deliverables or anything substantially similar to it.

5. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Images anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Images are licensed (not sold) to you, and that you have no rights in, or to, the Images other than the right to use them in accordance with the terms of this Agreement.

6. EXCLUSION OF WARRANTIES

The Images are provided to you on an “as is” basis. We do not warrant or provide any guarantees that the Images will meet your requirements or fitness for a particular purpose;

6.1 While we have made reasonable efforts to correctly categorize Image content we do not warrant the accuracy of such information;

6.2 Nothing in this clause affects your rights as a consumer.

7. LIMITATION OF LIABILITY

7.1 You acknowledge that the Images have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Images meet your requirements prior to purchase.

7.2 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Images for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss or corruption of data or information;

(e) loss of business opportunity, goodwill or reputation; or

(f) any indirect or consequential loss or damage.

(g) loss of product due to faulty design. It is the consumer’s responsibility to test all artwork prior to final use.

8. TERMINATION

8.1 You may terminate this Agreement at any time. There will be no refund for any unused Images.

8.2 We may suspend and/or terminate this Agreement and your right to use the Images immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

8.3 We may suspend links for downloaded items at any time.

8.3 Upon termination for any reason:

(a) all rights granted to you under this Agreement shall cease.

(b) you must immediately cease all activities authorized by this Agreement, and delete all copies of the Images; and

9. COMMUNICATIONS BETWEEN US

9.1 If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail. We will confirm receipt of this by contacting you in writing, normally by e-mail during regular business hours.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail.

9.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, twenty four (24) hours after an e-mail is sent, or three (3) days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

9.4 By registering and downloading items from www.anamored.com you will be automatically be subscribed to our monthly newsletter. You may unsubscribe at any time.