The terms of this agreement govern the use of the digital content of Designer Don supplied through the website located at designerdon.com (the “Site”).
In this Agreement: (a) “you” means the person downloading the content, (b) “Designer Don” or “we” means Designer Don, operator of the Site; and (c) “Content” means any digital media or other material that you are downloading from the Site after purchasing.
You are granted a perpetual, non-exclusive, non-transferable, worldwide licence to use the Content for the specified purposes (as defined below). All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Designer Don (and to the individual Don Campbell, owner of Designer Don).
(a) You are free to use any items purchased on the Site for personal or commercial purposes, provided they do not comprise the whole offering. For instance, you cannot buy and re-sell, but you can buy, use as an element of a project and include within. Any use of the Content that is not a Permitted Use shall constitute an infringement of copyright.
(b) Restrictions. You are permitted to use the Content for personal or commercial use, and you may transfer files among your devices such as phone, tablet, laptop, or desktop computer. You may physically transfer the Content from one location to another i.e., distributing it among your devices. You may not pass it on to another entity or individual for them to use. The license only covers your use of the item. If you wish to gift the item to someone else, you must purchase another copy and provide their details as the delivery address, for them to retain lawful access rights.
(c) Any additional permitted uses must be approved in writing by Designer Don.
If there is any doubt that a proposed use is a Permitted Use, you should contact Designer Don at email@example.com.
(i) You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not, either individually or in connection with others:
(ii) use the Content in whole form (i.e. resale it as a product on its own), format, or application intended for resale, license, or other distribution, whether online or not, regardless of profit or revenue;
use or display the Content on websites or other venues designed to induce or involve the sale, license, or other;
(iii) use the Content in books, magazines, newspapers, or any other publication, regardless of whether the final product is offered for sale, resale, license, or another form of distribution without reference to its original download page or this Site, unless it comprises part of a broader work as an asset;
(iv) incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
(v) use the Content in a fashion that is considered by Designer Don (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
(vi) remove any notice of copyright, trademark or another proprietary right from any place where it is on or embedded in the Content;
(vii) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
(viii)install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
(viiii) use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
Terms of This Agreement
(i) This Agreement is effective until terminated. You may terminate it by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Designer Don if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Designer Don in writing that you have complied with these requirements.
(ii) Designer Don reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, 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 immediately 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 for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.
(iii) Upon notice from Designer Don, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Designer Don may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Designer Don shall provide you with replacement Content (which shall be determined by Designer Don in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
Provision and Warranty
(i) While we have made reasonable efforts to provide the correct information in the Content, Designer Don does not warrant the accuracy of such information.
(ii) The content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Designer Don does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error-free. The entire risk as to the quality and performance of the content is with you. Should the content prove defective, you (and not Designer Don) assume the entire risk and cost of all necessary corrections.
(i) You agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Service and any other policies or agreements which may be incorporated by reference therein, and you agree to be bound by them.
(ii) Designer Don’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(iii) Designer Don agrees to provide the content in exchange for your agreement to the terms and conditions of this agreement. You agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and Designer Don, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Designer Don relating to the subject of this agreement, insofar as you are purchasing and utilising Digital Downloads from this Site.
Thank you for your business!
Publication date: July 24th 2014.
Last update: 26th May 2016.