License Agreement for artwork of Thompson Advertising, Inc. dba Toons4biz. From here forward, referred to as Toons4biz. Toons4biz provides a non-exclusive Standard License with all its artwork.
Please FEEL okay to use our characters for newsletters, packaging, t-shirts, displays, packaging and more. It is permitted to use our characters as your company spokes-character. You CAN use them as your logo or part of your logo. You CAN put them on merchandise such as t-shirts and coffee mugs and resell them without out worrying about licensing rights or royalties (aren't we nice!)
Our only concerns are 1) those people who'd use our library of art to compete against us in the sale of images over the Internet (without a written agreement to do so), and 2) those people who'd include our characters in some type of clip art collection, thus cheapening the value of it. The legal copy below is written for the purpose of preventing these two things.
SCHOOLS AND GOVERNMENT ENTITIES:
The Standard License allows the use of artwork by a single school or government facility (anyone or any computer within a single building). If you want to share the Toons4biz artwork with multiple facilities, you must purchase a multiple user license. Call for pricing and details: (816) 366.0199.
Licensed users CAN duplicate the artwork and use it on any computer(s) owned by the licensed school/facility.
A Standard License limits the use of Toons4biz 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.
The artwork CAN also 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 items.
The artwork CAN be used on an official school Web site, but 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.
CLIPART SETS for schools come with four levels of licensing: A) Single School; B) Three School; C) Five School; and D) Ten School. All schools using the artwork must be in the same school district.
CLIPART SETS for facilities come with four levels of licensing: A) Single facility; B) Up to 10 facilities; C) Up to 399 facilities; D) Unlimited facilities. Call for pricing.
INDIVIDUAL clipart images are sold with a Single School/Facility License.
Teams are 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 (with a one-year license) must be purchased separately. All individual images are sold with the same restrictions found in a Single School License. Basically - the artwork can only be used by one team, for one year.
Copyright 2004 – 2013 Thompson Advertising, Inc. dba TOONS4BIZ. All Toons4biz artwork is licensed and registered by Thompson Advertising, Inc. All rights reserved.
TERMS AND CONDITIONS OF USE FOR ALL
These Terms and Conditions of Use govern the use of the Thompson Advertising, Inc. Web site (Toons4Biz.com) and its Content, and constitute a legal agreement between you and Thompson Advertising, Inc. ("Thompson Advertising, us, our, we"). Toons4Biz® is a registered trademarked brand wholly owned by Thompson Advertising, Inc. Read this Agreement (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 Thompson Advertising, Inc. 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 Thompson Advertising, Inc. and is protected by international copyright laws. Thompson Advertising warrants that it has the right to grant this license to you. Thompson Advertising makes no other warranties, express or implied, regarding, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Thompson Advertising 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 Thompson Advertising, 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 royalty free right to use the Content in whole or in part in advertising and promotional materials for you or your customers or direct clients. Examples of use include: advertisements, news articles, reports, brochures, books, newsletters, multimedia applications and presentations, packaging, broadcast, films, television productions, commercials, and training and industrial videos. Content may be used as part of a web site, but may not be used in a downloadable or FTP format.
No 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 Thompson Advertising 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.
This Agreement shall be governed by the laws of the State of Missouri. No action of Thompson Advertising, Inc., 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.
Thompson Advertising 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 Thompson Advertising 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 Thompson Adverting, assume the entire cost of all necessary servicing, repair or correction due to your use of this Web site. Thompson Advertising 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.
Thompson Advertising 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 Thompson Advertising. 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 Thompson Advertising. 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.
Thompson Advertising 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 Thompson Advertising, Inc. at the address or telephone number listed below.
Thompson Advertising, Inc. 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.
Reproduction of art. Customer is 100% responsible for examining all proofs before going to press. Thompson Advertising, Inc.'s sole responsibility is to correct their products. Under no circumstances is Thompson Advertising, Inc. 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 Royalty-Free Images:
Due to the liberal nature of the licenses for Royalty-free images, all sales of licenses are final; no refunds or credits will be allowed. The successful completion of the download by you of any Royalty-free image is considered to be the complete fulfillment of Toons4biz's obligations.
Thompson Advertising, Inc.
Copyright 2009 Thompson Advertising, Inc. - dba Toons4biz.com, All rights reserved. Toons4biz® is a registered trademark of Thompson Advertising, Inc.
5121 SW Mallard Point
Lee's Summit, MO 64082