LICENSING TERMS

FREE GRAPHIC RESOURCES

Effective date: 4 February 2022

DEFINITIONS

For the purposes of these Licensing Terms, the following terms and definitions apply:

“Licensed Content” or “Work” means any content licensed to the Licensee under the Licensing Terms, including, but not limited to: illustrations; icons; graphics and/or other artwork and resources which are available for free and/or paid for on the absurd.design website.

“Licensor” means the owner and operator of the absurd.design website and the Licensed Content or its duly authorised representative.

“Licensee” means a user or purchaser of the Licensed Content, any person, entity, or any authorised representative of the company, person, or third party, that uses, downloads, or otherwise accesses Licensed Content from the absurd.design website.

“End Product” means the final result of an activity or process in which the Work or any part of the Work is used.

GENERAL

- Downloading, using or copying any content from the absurd.design website, including, without limitation, the Licensed Content, constitutes the Licensee’s acceptance of these Licensing Terms as well as any changes to these Licensing Terms as may be introduced by the Licensor from time to time with or without a prior notice to the Licensee.

- The Licensee hereby obtains the right to use the Licensed Content, subject to the terms of these Licensing Terms.

- The license is limited to the expressly permitted uses stated in these Licensing Terms. Future-existing technologies and uses of the Licensed Content are expressly reserved by the Licensor and are not included within the scope of the Licensing Terms.

- Where the Licensed Content is subject to a license fee, the Licensee agrees to pay the applicable license fees for the Licensed Content as determined by the Licensor. Paid licensed content may be subject to licensing terms applicable to membership/individual chapters graphic resources.

- The Licensee is required to attribute the Licensor in each End Product in which the Licensee uses the Work. The Licensee must use the following formulation for the credit: “Illustration(s) from absurd.design.” The term absurd.design must contain an active link to the absurd.design website.

- The Work is licensed and not sold. The Licensor or its licensors shall retain the ownership rights to the Work at all times. The Licensee shall not obtain the ownership of the Work under any circumstances, even if the Work is modified, manipulated, used in the End Product, or combined with other materials, works, or resources.

- The Licensor bears no liability whatsoever for the Licensee’s usage of the Work, whether in the End Product or elsewhere.

- The Licensor reserves the right to change the Licensing Terms, license fees, applicable terms and conditions, and the Work usage policy at any time. Please revisit these Licensing Terms prior to accessing any Licensed Content in order to be aware of changes.

LICENSEE’S RIGHTS

- The Licensee may use the Work for commercial and non-commercial purposes, excluding the prohibitions listed below. For example, the Licensee may use the Work to create an End Product for him or herself, for a client or for any other third party.

- The Licensee may use the Work in digital media, excluding the prohibitions listed below. For example, the Licensee may include the Work on a landing page, presentation, article or social media post.

- The Licensee may use the Work for desktop and/or mobile applications, excluding the prohibitions listed below. For example, the Licensee may include the Work on a website or app the Licensee is designing for him or herself, for a client or for any other third party.

- The Licensee may use the Work for teaching purposes, excluding the prohibitions listed below and provided the Licensed Content is not intended for redistribution or re-use of the Work in any form whatsoever.

PROHIBITIONS

- The Licensee may not modify, alter, or change the Licensing Terms without the express written consent of the Licensor or its' authorized representatives.

- The Licensee may not transfer, redistribute, resell, lease, license, sub-license, assign, or offer to a third party these Licensing Terms, the Work, nor any of Licensee’s rights, duties, or legal responsibilities granted hereunder.

- The Licensee may not use the Work in any form whatsoever (whether in its original form, modified, manipulated or combined with other works or resources) for offering the Work for free or for merchandising physical or digital products. This will be considered redistribution of the Work and will be sanctioned under the applicable copyright law. For example, the Licensee may not (i) print the Work on a t-shirt, cup, tote bag or other physical product or (ii) use the Work for offering for free or for merchandising digital products, including, without limitation, non-fungible tokens (NFTs), digital stickers, postcards, patterns, and alike.

- The Licensee may not use the Work in any form whatsoever (whether in its original form, modified, manipulated or combined with other works or resources) for any End Product that is used as a template, whether that template is offered for free or marketed for sale. For the avoidance of doubt, this means that using the Work in the End Products which are offered or marketed as products or services designed to facilitate the creation or development of other end products is prohibited. This will be considered redistribution of the Work and will be sanctioned under the applicable copyright law. For example, the Licensee may not use the Work for creation of a template for software applications, websites, apps, documents, patterns, printables, and alike.

- The Licensee may not use the Work in any form whatsoever (whether in its original form, modified, manipulated or combined with other works or resources) for any End Product which allows third parties to extract or access the Work as a stand-alone file, including, without limitation, web applications, software programs, web templates and app templates. This will be considered redistribution of the Work and will be sanctioned under the applicable copyright law. For example, the Licensee may not include the Work in a graphic editor, generator or library, app template, WordPress themes or other similar products.

- The Licensee may not use or officially register the Work or any part of the Work as a logo, trademark, copyright item, a corporate identity representation, or any other stand-alone work.

- The Licensee may not use the Work to replicate a product or service similar to or competing with the Licensor’s business.

- The Licensee may not use the Work in any manner that violates any applicable law, including, without limitation, infringing upon any third-party copyrights, trade names, trademarks, or service marks.

- The Licensee may not use the Work for the purposes of training machine learning or artificial intelligence systems.

- The Licensee is not allowed to use the Work in any form whatsoever (whether in its original form, modified, manipulated, or combined with other works or resources) for participating in contests, competitions, exhibitions or in any other similar events that would imply that the Licensee is the author of the Work. For the avoidance of doubt, this means that using the Work in End Products which would falsely represent authorship and/or ownership of the Work, is strictly prohibited.

CREDITS, DURATION, AND TERMINATION OF LICENSING TERMS

These Licensing Terms commence immediately upon the Licensee's access or purchase of any Licensed Content from the absurd.design website and continue as follows:

- For free Works, the Licensing Terms are valid until terminated by the Licensor, provided that the Licensee properly attributes the Licensor in each End Product in which the Licensee uses the Work. The Licensee must use the following credit: “Illustration(s) from absurd.design.” The term absurd.design must contain an active link to the absurd.design website. Upon removing the required credit, these Licensing Terms shall terminate immediately and the Licensee shall stop using the Work and the End Product.

- The Licensor reserves the right, at its sole discretion, to suspend or terminate these Licensing Terms at any time.

- Upon termination of the Licensing Terms for any reason whatsoever, the rights granted to the Licensee under these Licensing Terms shall terminate and the Licensee shall stop using the Licensed Content and the End Work.

VIOLATION OF LICENSING TERMS

If the Licensor believes, at its sole discretion, that the Licensee violates these Licensing Terms and it is appropriate, necessary or desirable for the Licensor to do so, the Licensor may:

- Send the Licensee a formal warning;

- Suspend or terminate the Licensee’s right to use the Licensed Content;

- Request the Licensee to cover the damages incurred by the Licensor;

- Report the Licensee to public authorities; or

- Commence a legal action against the Licensee.

GOVERNING LAW AND DISPUTES

These Licensing Terms are governed and construed in accordance with the laws of Spain, without regard to its conflicts of law provisions. The Licensee agrees to attempt to resolve any disputes arising out of or relating to these Licensing Terms by means of negotiation with the Licensor. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Barcelona, Spain.

MISCELLANEOUS

Indemnification. The Licensee agrees to indemnify, defend and hold the Licensor, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the Licensee’s breach of these Licensing Terms, use of the Work or the End Product, or violation of any law or the rights of a third party.

Severity. In the event that any provision of these Licensing Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Licensing Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

Limitation of liability. Unless otherwise excluded or limited by the applicable law, the Licensor will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out of or in connection with the Licensed Content or the End Product.

Disclaimer of warranties. The Licensed Content is provided on “AS AVAILABLE,” “AS IS,” and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, the Licensor does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Licensed Content or other content featured on the absurd.design website. It is the Licensee’s sole responsibility to verify and assess the suitability for the purpose of the Licensed Content prior to using it and to decide whether or not the Licensed Content is suitable for the intended use.

Transfer of rights. The Licensor is entitled to transfer its rights and obligations under these Licensing Terms entirely or partially to a third party by giving a prior notice to the Licensee.

CONTACT

For any concerns, questions, feedback, comments, copyright infringement claims, or requests for technical support, please contact xyz@absurd.design.