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0creativity studio Material Agreement


The following is a legal agreement between You and the owners of 0creativity.net("Website"), 0creativity studio. ("0creativity studio", "We", "Us") which governs the use of any non-watermarked photographic image, illustration, animation, Flash file, film or video footage, motion sequences, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material  ("all kind of materials involving text") downloaded from our Website. By downloading all these stuff You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download any material.

All materials on the Website are under process of copyright and are the property of 0creativity studio or its image providers. All rights are reserved unless otherwise granted to You. Your rights to use the materials are subject to this Agreement.

We hereby grant to You a non-exclusive, non-transferable license to use the materials on the terms and conditions explained in this Agreement.

A: Prohibited uses


You may not use the materials in the following ways, unless they are expressly permitted by one of our Extended licenses that You have obtained from Us in writing for the materials:

  • download for your prouduct.
  • In electronic items for resale, such as website templates, document templates, wallpapers, screensavers, e-cards or similar products that You intend to sell or distribute.
  • For creating printed reproductions that You intend to sell.
  • On physical items for resale and "print on demand" items such as t-shirts, postcards, mouse pads, coffee mugs, calendars (e.g. on sites like Cafepress), or on any similar mass produced items that would contain the materials in a dominant way.
  • For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
  • In a way that would make people assume that the person(s) depicted on the materials is/are endorsing a certain product or a service.
  • In a way that could give a bad name to either 0creativity studio or the person(s) depicted on the materials, including illustrating sensitive social subjects such as health issues, crime, sexual preferences, drug abuse or similar issues.
  • As part of a business name, trademark, service mark or logo.
  • In any print project where the number of copies would exceed 250.000.
  • You may not reverse engineer, decompile, translate, or disassemble any part of the materials.
  • SELLING AND REDISTRIBUTION OF THE MATERIALS (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE MATERIALS WITH OTHERS!

C: Information on rights

0creativity studio requires a written Model Release for each Material that has identifiable people on it (within reasonable boundaries). However We do not represent or make warranties whatsoever as to the legality or validity of any Release associated with an material.

Furthermore, certain materials may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. 0creativity studio does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the material.

You acknowledge that by purchasing an material the ownership of the material does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the material or the right to use the material to anyone else. The work You create with the material must be used either by yourself or by your client. By obtaining a Multi-seat extended license for the material You may share the material with other people at your organization. You warrant that You will do your best to prevent third parties from duplicating the material.

D: Termination

This Agreement is effective until it is terminated. This Agreement will terminate automatically, without notice from 0creativity studio, if You fail to comply with any provision of this Agreement.
You can terminate the licenses granted under this Agreement with respect to any materials by destroying the materials, along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the materials for any purpose. Such termination may not effect payment or indemnity obligations.

E: Indemnification

You agree to indemnify, defend, and hold harmless 0creativity studio and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any material, your failure to abide by any restriction regarding the use of an material, or any claim by a third party related to the use of an material.

F: Warranty and Liability

You represent, warrant and covenant that:
  • You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of You and/or your company, employer or principal;
  • You will not use the materials in any way that is not permitted by this Agreement;
  • Your use of the materials will not violate any applicable law or regulation of any country, state, or other governmental entity;
  • If You are acting as an agent, You must inform your client/principal of the terms of this Agreement.
THE WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY MATERIALS, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 0CREATIVITY STUDIO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

0CREATIVITY STUDIO SHALL NOT 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 WEBSITE OR THE MATERIALS.