How can you use PatternNerd images?
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
- As part of an "Out-of-Home" business provided the intended use is less than 500,000 gross impressions.
- Use the image as part of your social media, provided resolution is 1024x1024px or less.
- You may use in larger social media sizes such as Facebook covers etc as a background element for your branding as long as it's changed enough so that if downloaded it's not usable as basically the same original image.
- You may not take credit for image itself or use it for your logo or a trademark without an extended agreement.
- Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000
- I can make customized images for you. For you sole use for you to use without restrictions
- Resellers - I want to help you by making it easy to use my image in your products/designs. Please contact me and let me know what you are thinking about doing.
You may not
- You may not take credit for the image itself
- Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).
- Reverse engineer, decompile, translate, or disassemble any part of the Image(s).
- Copy or reproduce the Image(s), except as specifically stated above.
- Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. Digital Mirrors or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.
- Use the Image(s) to compete with Digital Mirrors. Digital Mirrors is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.
- Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.
- Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, etc.
- Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal.
- Stockpile, download, or otherwise store Images not used during the subscription term for future use.
- Regarding Free Images: You may not remove watermarks or meta-data. If you need a non-watermarked image they may be purchased.
If you are not satisfied with the quality of image let us know within 3 days, if we can we will attempt to resolve any quality issues. If you are still not satisfied You may request a full refund (minus fees kept by 3rd party payment processors). Digital Mirrors is not responsible in any way for your dissatisfaction print-quality.
You agree to make full payments per the terms of this Agreement.
Refunds are governed by the terms of the individual service used. Digital Mirrors uses PayPal as it's secure payment processor.
If you have purchased an image, you may receive a full refund (minus fees not refunded by 3rd party payment processors) within three (3) days of your invoice date if you are dissatisfied for any reason. Repeated requests for refunds will be reviewed and may result in user being blocked from making future purchase. By requesting a refund, you hereby represent and warrant that:
- you have deleted or destroyed all downloaded Images,
- that you have not, and will not use any Images from the subscription, and
- that a breach of the foregoing shall require you to immediately repay the entire subscription fee plus damages to Digital Mirrors.
- This Agreement is effective until it is terminated.
- This License Agreement will terminate automatically, without notice from Digital Mirrors, if you fail to comply with any provision of this Agreement.
- You can terminate this Agreement by destroying the Image(s), along with any copies or archives and ceasing all use of the Image(s) for any purpose. Such termination will not effect payment obligations.
- Upon termination of this Agreement, you agree to
- destroy all copies and archives of the Image(s),
- cease using the Image(s) for any purpose, and
- confirm to Digital Mirrors in writing that you have complied with these requirements.
- Digital Mirrors represent and warrants that:
- it has the right to enter into this Agreement and to grant the rights hereunder; and
- the Image(s) or will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of license.
- EXCEPT AS PROVIDED ABOVE, THE IMAGE(S) AND ACCOMPANYING MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DIGITAL MIRRORS GRANTS NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGO TYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED ARE OBTAINED. DIGITAL MIRRORS DOES NOT WARRANT THAT THE IMAGE(S), WEB SITES OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
USER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS
- You represent and warrant that you are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of yourself and/or your company, employer, or principal.
- You represent, warrant, and covenant that you do not reside in any country to which export of U.S. products are prohibited or restricted and you shall not ship, transfer, or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations;
- Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
- You shall not use the Image(s) in any way that is not permitted by this Agreement.
- The information that you provide to Digital Mirrors is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary.
- You are solely responsible for your use of the Image(s) and agree that Digital Mirrors grants no rights and makes no warranties with regard to the use of trademarks, trade dress, copyrighted designs, or works of art or architecture in any Images; and you must satisfy yourself that all necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
- You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights, and you should not rely solely on the information provided by Digital Mirrors.
- You are solely responsible for obtaining any and all releases and clearances as may be required. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel.
LIMITATION OF REMEDIES
- Digital Mirrors' entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement, will be at Digital Mirrors' sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s).
- Under no circumstances whatsoever will Digital Mirrors be liable to you for any money damages including, without limitation, any lost profits, lost revenue, lost savings, or other incidental or consequential damages arising out of:
- the use or inability to use the Image(s),
- Digital Mirrors' breach of this Agreement, or
- for any claim by any other party, even if Digital Mirrors has been advised of the possibility of such damages.
- In no event shall the liability of Digital Mirrors exceed the amount paid by you for accessing, acquiring, and/or using any Image(s) within the preceding six (6) months. Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim, or shall be waived.
- You agree to indemnify and hold Digital Mirrors, its affiliates, employees, and anyone else associated with Digital Mirrors, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys' fees) asserted against Digital Mirrors arising out of your use of the Images or in connection with any breach of any of the terms of this Agreement.
- Digital Mirrors may, at its sole discretion, modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to the terms will be effective upon the posting of such changes on the Site. The most recent version of the User Agreement may be found at https://www.digitalmirrors.com/account/agreement/image-usage. You must review the User Agreement from time to time and agree that any subsequent use by you of this web site following changes to this Agreement constitutes your acceptance of all such changes.
- If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable, consistent with the parties' intent.
- You agree to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or your use of the Image(s), pursuant to this Agreement.
- No action of Digital Mirrors, other than an express written, signed waiver may be construed as a waiver of any part of this Agreement, and no employee of Digital Mirrors is authorized to make an oral waiver. In the event that Digital Mirrors waives a specific part of the Agreement, it does not mean that Digital Mirrors waives any other part.
- The laws of the State of California govern the interpretation and enforcement of this Agreement. Any claims must be brought solely in courts situated in the State of California, and you expressly consent to the exclusive personal jurisdiction of such courts. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
- You agree to reimburse Digital Mirrors for its legal fees, costs, and disbursements if Digital Mirrors is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
- You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. Digital Mirrors may assign or transfer this Agreement freely.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DIGITAL MIRRORS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DIGITAL MIRRORS OR POWERFRAMEWORKS RELATING TO THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE ORDER TERMS (EVEN IF SUCH TERMS ARE SUBSEQUENT TO THE DATE OF THIS AGREEMENT). FAQS, OTHER EXPLANATIONS, AND TEXT IN DIGITAL MIRRORS' WEBSITES ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT UNLESS SPECIFIED OTHERWISE IN THIS AGREEMENT.
© Digital Mirrors and/or its licensors. All rights reserved.
(Revised December 18, 2019)