Terms of Service (“TOS”)
Single User Standard License
The following is a legal agreement between you ("you" or "Customer") and Inspire Graphics, Inc., DBA Lettering Deliights (“LD”), a Utah corporation.
Please read these TOS carefully before purchasing, downloading and using any LD fonts, alphabets, graphic designs, cut-its or any other digital content (“Product”). By downloading any product, you agree to be bound by the terms of these TOS, as well as any other terms published on the Lettering Delights website. You also agree that the products are the property of LetteringDelights.com and licensed (not sold) to you only for personal use as a single user. THIS IS A SINGLE LICENSE. IT AUTHORIZES ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE IMAGES. If you are contemplating broader usage rights, please review the Commercial License.
PART 1 – LIMITED LICENSE
- All image designs and the downloadable digital files are protected by United States Copyright law and international treaties. LD and sub-licensed artists own or control all rights, including the copyrights in and to the Product. LD and/or its sub-licensed artists reserve all rights in and to the Images not expressly granted to you by the terms of these TOS. Your rights to use any Image are subject to this license agreement and are conditioned upon you making payment to LD for your use of the Images.
- LD hereby grants you a non-exclusive, non-transferable, worldwide, perpetual right to use, modify, and reproduce Product in the following ways, subject to the limitations and restrictions set forth in Part II:
- On websites;
- For use in scrapbook pages, cards, written letters, signs, name tags, invitations, announcements, gifts, candy bar wrappers, etc. for personal use only, not for resale, exchanging or commercial distribution., provided that no Product is reproduced more than one hundred thousand (100,000) times in the aggregate, and that the Product cannot be readily unincorporated or disassembled from such digital media or software;
- If your desired usage is not set forth above, or if you need enhanced use, please see our Commercial License or contact customer support.
- In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by LD or its sub-licensed artists, subject to your rights to use such Product(s) pursuant to the terms and limitations set forth herein.
- All other rights in the Images are expressly reserved by LD or its sub-licensed artists.
PART II – RESTRICTIONS
YOU MAY NOT
- Share, loan, rent, resell, or distribute the products.
- Install and use the Product on more than one computer at a time.
- Make copies of the Product other than for back-up purposes.
- Copy or alter by electronic means, reproduce, modify, or create derivative works from the Product for the purpose of resale or distribution in any format.
- Use the Product to make Digitalized Embroidery designs for resale or distribution.
- Use the Product to make Rubber Stamps for resale or distribution.
- Use the Product to make Cross stitch kits for resale or distribution.
- Use the Product to make Scrapbook Kits for resale or distribution.
- Use the Product to produce vinyl lettering or other cuttable/printable Product for resale or distribution.
- Add the Product to Software Programs for resale or distribution.
- Add the Product to books or other educational Product for resale or distribution.
- Use the Product to make candy wrapper designs or Product for resale or distribution.
- Use the Product to design website pages other than your own personal website pages. If you use them for your own personal website pages you must protect the images from being copied or downloaded.
- Use the Product to make any product images into tubes, brushes or other format variation for resale or distribution.
- Offer any product images on any cloud or webpage for download, distribute them through a group or social media site such as Facebook or Pinterest or include them in any graphics collection either on the Internet or otherwise.
- Obtain any LD Product through fraud or any deceptive manner. This would include taking unfair advantage of a software error or marketing offer. If such occurs and the deceptive manner is egregious, Inspire Graphics reserves the right to remove offending purchases or to suspend your customer account.
- Use the Product in a manner that competes with LD's business.
- Use the Product in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not limited to the use of Product a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
LD warrants that our artwork and digital files shall be free from defects for 30 days from the time the products are downloaded or are sent to you. If you detect a problem within 30 days, please contact us by e-mail: support@LetteringDelights.com or through our Facebook page. If you have any copyright questions, please contact us by email: copyright@LetteringDelights.com.
LIMITATION OF LIABILITY
LD’s sole responsibility to you shall be to abide by the limited warranty as stated above. Under no circumstances, including negligence, shall LD be responsible for any damages or loss that result from the use of, or inability to use the Product. If any legal action arises out of copyright infringement, LD shall be indemnified and held harmless of any and all costs or damages that you or LD incurs.
You hereby acknowledges that you are licensing the products for non-commercial, personal use. You hereby agree to pay liquidated damages to LD in the amount of $5,000.00 per individual Product for any non-personal and/or commercial use, in violation to this TOS. In addition, should LD incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, you agree to reimburse LD for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties' best interest to have determined the amount of such reasonable liquidated damages.