Terms of Digital Assets Use
End User License Agreement
Orchid Studio
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content made available by Orchid Studio to purchase a downloadable files. This License Agreement may also apply to digital content that Orchid Studio may have available at no charge only if expressly indicated during the initial download for that digital content.
The terms and conditions of this License are contractual in nature. By downloading, installing and using Orchid Studio digital resources, the Licensee acknowledges that has read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
PERSONAL LICENSE This license is for personal non-commercial use only and works under the following conditions:
- Creation of end products not meant for sale or to make any profit from them.
- Licensee may create physical end products not for resale or wholesale.
- With this license, assets can’t be used on social media accounts, websites, apps, games or any other digital platform that’s open to monetization.
- Under no circumstances Orchid Studio’s resources may be copied, redistributed, resold, sub-licensed, modified, edited or shared with other users.
The use of Orchid Studio products items for sale requires the purchase of a COMMERCIAL LICENSE.
COMMERCIAL LICENSE This license includes all the PERSONAL LICENSE benefits and limitations, and additionally the Licensee may:
- Use the resources to create a printed final product for sale.
- Use the assets in multiple projects for sale.
- Use assets in up to 1,000 physical projects with commercial purposes.
- Use the resources for one social media account with commercial purposes.
- With this license, assets can’t be used on websites, apps, games or any other digital platform that’s open to monetization besides one social media account as mentioned.
Under no circumstances Orchid Studio’s resources may be copied, redistributed, resold, sublicensed, modified, edited or shared with other users.
Use of digital resources for logo creation. Orchid Studio’s digital assets can’t be used as a stand-alone logo or used in artwork to create a logo.
Use of Digital Assets for Physical Products. Orchid Studio’s digital products may be used for creating physical items for resale if you have purchased a COMMERCIAL LICENSE only.
Use for Commercial Projects and Client Work. Orchid Studio’s digital assets may be used in commercial projects and client work if you have purchased a COMMERCIAL LICENSE only.
Use for Digital Products. Orchid Studio’s digital assets can’t be distributed as a digital product alone but they can be included in final artwork that will be digitally downloaded by the final client, only when a COMMERCIAL LICENSE is purchased. Digital assets can’t also make part of video games, websites or apps.
Use on video. The use of Orchid Studio’s digital assets is not permitted in Streaming, Broadcast, Video, TV, Cable or Film irrespective of the method of use and transmission.
Redistribution. Orchid Studio’s digital assets may not be redistributed, sublicensed, modified, edited or resold in any form. Modifying the Designs for reselling and/or other distribution is prohibited. Reselling as a digital stock image / downloadable asset is prohibited.
Copyright. All digital content made and distributed by Orchid Studio is protected by United States and international copyright and other laws and treaties. As between you and Orchid Studio, Orchid Studio retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, copyright to use the Licensed Asset as expressly set forth above on the terms herein. Licensee may not assert any ownership in the digital asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the asset.
Final products designed using any of Orchid Studio’s digital assets can’t be copyrighted or trademarked.
All rights are expressly reserved.
Termination. Orchid Studio has the right to terminate this Agreement immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy the original and any copies of the products purchased from Orchid Studio.
Warranty. LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORCHID STUDIO HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Revocation of Warranties. ORCHID STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS DOES NOT WARRANT THAT THE OPERATION OF THE DESIGNS WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE DESIGNS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL ORCHID STUDIO BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE DESIGNS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Limitation on Liability IN NO EVENT WILL ORCHID STUDIO BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF ORCHID STUDIO BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Choice of Law. All matters relating to digital assets and their License Agreements and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the licensed asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas and Harris Count. You expressly waive all defenses arising out of the selection of the jurisdiction and forum elected by Orchid Studio for the resolution of any dispute and agree to service of process by mail. This Agreement may only be modified in writing, signed by an authorized officer of Orchid Studio.
Notices All notices required to be sent to Orchid Studio under this License Agreement should be sent via email to hello@orchidstudiotx.