Your story, not ours.™
Your story,
not ours.™
MONOGRAM ARTWORK
TERMS & CONDITIONS
Monica Rich Kosann (“Licensor”) grants You a perpetual, non-exclusive, non-transferable, worldwide license to use the Downloaded Monogram Content (“Downloaded Content”) only for the Permitted Uses. This agreement applies to this agreed to usage of this Downloaded Content as well as all prior Downloaded Content you have created and downloaded through this application. You may not use the Downloaded Content for purposes other than the Permitted Uses. Permitted Uses of the Downloaded Content are for non-commercial personal end use, such as applying the Downloaded Content to items for personal use such as paper goods and embroidered personal items. Non-Permitted Uses include: (a) Use of the Downloaded Content as part of items for commercial purposes of any nature whatsoever, including use as a trade-mark, design-mark, trade-name, business name or service mark; (b) Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute or authorize, permit, or enable any other use of the Downloaded Content by others; (c) use of the Downloaded Content on a website or other venue in manner designed to induce or involve the sale, license or other distribution of commercial products or services; (d) Use the Downloaded Content in a way that is pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Digital Content into disrepute; and (e) Use of the Downloaded Content in a manner that gives the impression that the Downloaded Content was created by You or a person other than the owner of the Downloaded Content (including without limitation, by claiming ownership of, or exclusive rights to, the Downloaded Content). Except for the licenses expressly granted to You in this Agreement, all right, title, and interest in and to the Downloaded Content are and will remain with Licensor. No use by Licensor of the Downloaded Content in any medium or manner shall be deemed to interfere with the limited permissions given to You by Licensor herein. Licensor can terminate this Agreement without advance notice if You fail to comply with any of its terms. If that happens, You must immediately (i) cease using the Downloaded Content for any purpose; (ii) destroy or delete all copies and archives of the Downloaded Content; and (iii) if requested, confirm to Licensor in writing that You have complied with these requirements. If a claim of infringement arises from your use of the Downloaded Content, You must immediately notify Licensor of the claim (by email to concierge@monicarichkosann.com) and immediately stop using the Downloaded Content, at your own expense. This applies whether the claim of infringement is threatened, potential or actual. You also must immediately delete or remove the Downloaded Content from your premises, computer systems and storage (electronic or physical). You shall indemnify, defend, and hold harmless Licensor against all losses arising out of or resulting from any claim, suit, action, or proceeding (each, an "Action") by a third party related to or arising out of your use of the Downloaded Content. Limitations of Liability: YOU AGREE THAT THE DOWNLOADED CONTENT IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that Licensor and its suppliers will not be liable to you or any other party for lost profits, lost data, or any other indirect, incidental or consequential damages, or for any punitive or special damages arising from your use of the Downloaded Content. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. This Agreement is personal to You. You shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Licensor's prior written consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut. Your assent to this Agreement is explicitly provided by your actions in accessing and downloading the Downloaded Content.