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Agreement for creative products and services by Thompson Advertising,
Inc. dba Toons4Biz, dba PBIS Teaching Tools, and dba Mascot Junction. From here forward,
referred to as Mascot Junction.
Mascot Junction provides two distinct types of licenses with its trademarked and copyrighted products. A Hard Product License comes with all printed products, such as posters, banners, signs and t-shirts. A Soft Product License
comes with all electronically downloaded products such as clip art,
gotcha rewards, photo recognition templates, activity sheets, award
Hard Product License:
Hard Product License applies to products such as posters, banners,
signs and t-shirts printed by Mascot Junction, and/or its authorized
vendors/business partners. The Hard Products License forbids the
printing, or duplication, of the aforementioned products. This includes
all printing, or duplication, from hard copies or electronic copies (pdf
proofs, screen captures, etc.).
Soft Product License:
Junction provides a non-exclusive Soft Product License with all its
Electronic Downloadable Products. The Soft Product License is limited to
one school per license. Either a school, or printer, may purchase the
Soft Product License, but use of the art is limited to one school. If a
printer wants to use the art for multiple schools, a Soft Product
License must be purchased for each school the art is used for.
What is permitted:
Soft Products License allows the use of Electronic Downloadable Product
(artwork) by a single school, or government facility (anyone, or any
computer, within a single building). A Soft Products License limits the
use of Mascot Junction images for anything other than official school
functions. The artwork CAN be used for any official school team, but
teams not officially associated with a license school have to purchase
the artwork/license separately.
- Use on t-shirts, apparel and school-related products for sale, or give-away
- Use as part of the licensed school's logo or team graphics
- Use on print and electronic communications related to the licensed school
users CAN duplicate the artwork and use it on any computer(s) owned by
the licensed school/facility. Everyone employed with the school can have
the art on their computer, and use it for school-related projects and
- Giving the art to a printer/vendor for the sole use of producing items exclusively for the licensed school.
artwork CAN be altered and used to produce and sell school-related or
facility-related items including: shirts, uniforms, flyers, brochures,
premiums, flags, banners, murals, signs, logos, posters and similar
What is NOT permitted:
away, selling or sharing the artwork with another school. Each
school/facility needs to purchase its own Soft Product License.
a print vendor to use Mascot Junction licensed art to produce
projects/products for more than one school. Each school must have its
own Soft Product License.
- The art may NOT be offered as clipart,
part of a clipart set, as art for sale, or as any design software
template for sale or giveaway. Only authorized resellers are permitted
to do this, and ONLY with a written, and signed contract from Mascot
considered independent entities. If they are officially associated with a
school, they CAN use artwork licensed by that school indefinitely. If
the team is part of a non-school league, the artwork must be purchased
separately. All individual images are sold with the same restrictions
found in a Soft Product License. Basically - the artwork can only be
used by one team.
TERMS AND CONDITIONS OF USE FOR ALL
These Terms and Conditions of Use govern the use of the Toons4Biz
Web site (toons4biz.com) and its Content, and constitute a
legal agreement between you and Mascot Junction ("Mascot Junction, us,
our, we"). Read this Agreement entirely before using this Web site
and/or downloading any images. If you do not agree with the Terms and
Conditions of Use, discontinue using the Web site.
This Web site
and its Contents are owned by Mascot Junction. All of the Content
displayed or featured on this Web site, including, but not limited to,
illustrations, photographs, graphics and text ("Content"), is owned by
Mascot Junction, and is protected by international copyright laws.
Mascot Junction warrants that it has the right to grant this license to
you. Mascot Junction makes no other warranties, express or implied,
regarding, including, without limitation, any implied warranties of
merchantability or fitness for a particular purpose. Neither Mascot
Junction shall be liable to you for any consequential, incidental,
direct, indirect or other damages arising out of the license of Content,
including any claim of a third party. You shall indemnify Mascot
Junction, against any losses, damages, expenses, or costs incurred by us
as a result of your breach of the terms of this Agreement, or your
unauthorized use of the Content and related rights.
Your right of
usage under this Agreement is the non-exclusive, non-transferable right
to use the Content in whole or in part for your school. Examples of use
include: posters, banners, t-shirts, apparel, merchandise, and printed
and electronic communications. Content may be used as part of a web
site, but may not be used in a downloadable or FTP format.
copies of this Content may be resold or redistributed. Content may not
be rented, sold, given away, leased, sub-licensed or loaned in any form.
Additionally, you agree to take all reasonable steps necessary to
prevent any third party from duplicating or distributing any Content.
Defamatory, offensive, pornographic, or otherwise unlawful uses of
images are expressly prohibited.
This license will terminate
automatically without notice from Mascot Junction, if you fail to comply
with any provision of this license. Upon termination, you must
immediately stop using the Content, and shall destroy all Content or
copies thereof. If any provision of this Agreement is held invalid, the
remainder of the Agreement shall remain in full force and effect.
Agreement shall be governed by the laws of the State of Missouri. No
action of Mascot Junction, other than express written waiver, may be
construed as a waiver of any provision of this Agreement. This agreement
contains all terms of the license agreement and no terms or conditions
may be added or deleted unless made in writing and signed by an
authorized representative of both parties.
Mascot Junction uses
reasonable efforts to ensure the quality and reliability of the Content,
but we make no warranties or representations as to the Content's
quality or reliability. The Content of the Web site is provided "as is,"
and Mascot Junction excludes any warranty, express or implied,
including, without limitation, any implied warranties of satisfactory
quality or fitness for a particular purpose. The Content and functions
of this Web site are not warranted to be uninterrupted or without error.
You, not Mascot Junction, assume the entire cost of all necessary
servicing, repair or correction due to your use of this Web site. Mascot
Junction will not be liable for damages of any kind (including, without
limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental, or punitive damages)
arising out of your use of, your inability to use, or the performance of
this Web site or the Content.
Mascot Junction retains the right
to prosecute any legal or equitable action before any court (US and
non-US) to obtain injunctive or other relief in the event that such
action is necessary or desirable, in the opinion of Mascot Junction.
Users of this Web site agree that any and all disputes arising from the
use of this Web site or its Content, shall be settled by binding
arbitration, at the discretion of Mascot Junction. This Agreement shall
be interpreted and governed by the laws of the State of Missouri, USA.
Venue for all disputes arising under this Agreement shall lie
exclusively in the Superior Courts of the State of Missouri.
Junction reserves the right to change these Terms and Conditions of
Use, prices, information and available contractual license terms without
notice. All rights not specifically granted to you by this Agreement
are reserved. Questions on usage or rights should be directed to Mascot
Junction at the address or telephone number listed below.
Mascot Junction does not guarantee the downloaded files nor provide any
warranties whatsoever, implied or expressed, and without limitation,
damages for loss of profits or business, data, goodwill, computer
failure, or any other commercial losses or damages.
of art. Customer is 100% responsible for examining all proofs before
going to press. Mascot Junction's sole responsibility is to correct
their products. Under no circumstances is Mascot Junction liable for
loss of press time, material or ink.
By downloading the artwork,
you agree to the terms of this license. If you do not accept the terms
of this license, do not download the artwork. Once the artwork is
downloaded, it cannot be returned or refunded.
Return Policy for Electronic Downloadable Products:
Due to the liberal nature of the licenses for Electronic Downloadable
Products, all sales of licenses are final; no refunds or credits will be
allowed. The successful completion of the download by you of any
Electronic Downloadable Product is considered to be the complete
fulfillment of Mascot Junction's obligations.
Thompson Advertising, Inc. does business as Mascot Junction and also as Toons4Biz®.
Mascot Junction is a single source provider. We are the creator, and owner of all the art found on our Web sites.
Thompson Advertising, Inc.
dba Mascot Junction™
dba PBIS Teaching Tools™
5121 SW Mallard Point
Lee's Summit, MO 64082
Copyright 2013 Thompson Advertising, Inc. - dba Toons4biz.com, All rights reserved. Toons4biz® is a registered trademark of Thompson Advertising, Inc.