Image download terms and conditions
1.1 These terms and conditions shall govern the sale and supply of downloadable image files supplied by Lotti Brown Designs, and the use of those files, whether paid for or obtained for free as a giveaway or ‘freebie’.
1.2 Your express agreement to these terms and conditions is assumed when you place an order.
1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
2.1 In these terms and conditions:
(a) "we" means Charlotte Brown of Lotti Brown Designs (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "images" means those image files that are available for purchase or obtained for free as a giveaway or ‘freebie’ via our website or other marketplace; and
(d) "your images" means any such image files that you have purchased through our website or any other marketplace (including any enhanced or upgraded version of the image files that we may make available to you from time to time).
3. Licensing of images
3.1 We will supply your image files to you in the format or formats specified on our website or other marketplace, and by such means and within such periods as are specified on our website or other marketplace.
3.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make any use of your images permitted by Section 3.3, providing that you must not in any circumstances make any use of your images that is prohibited by Section 3.4.
3.3 The "permitted uses" of your images are:
(a) downloading a copy of each of your images;
(b) making, storing and viewing copies of your images on not more than 3 desktop, laptop, tablet or notebook computers, or mobile phones or other mobile devices;
(c) creating physical products for personal or commercial use, such as papercutting or papercrafts, vinyl crafts, T-shirts, sweaters and other clothing, mugs, signs, cushions, cards, phonecases, home décor and similar, with up to a maximum of 200 combined lifetime products permitted for commercial use;
(d) creating physical product packaging for personal or commercial use in line with Section 3.3(c) above;
(e) altering or personalizing the image by adding other elements, and/or resizing, re-colouring, cropping, rotating or similar.
3.4 The "prohibited uses" of your images are:
(a) the sale, renting, transferring or broadcasting of any image (or part thereof), and the licensing, sub-licensing, distribution or redistribution of any image (or part thereof) except in connection with a publication permitted by Section 3.3;
(b) the use of any download (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(c) the use of any image (or part thereof) to compete with us, whether directly or indirectly, such as by making the image file available digitally in any format, sharing, selling, giving away, or redistributing the image in any format which allows others to download, extract or redistribute the image, whether you have made your own alterations or not;
(e) the use of any image in any digital end product including by not limited to website software development, app development or video game development;
(f) the use of any image on print-on-demand, create-on-demand, or similar service including but not limited to Redbubble, Society6, Café Press and similar;
(g) claiming the image or design as your own work or claiming any copyright in the work, whether you have made your own alterations or not;
(h) using the image as part of a trademark, design mark, service mark, trade-name or similar unless the image is significantly altered and not the predominant feature of a new design.
3.5 You warrant to us that you have access to the necessary cutting machines, mats, tools, hardware, computer systems, media systems, software, network connections and similar in order to receive and enjoy the benefit of your images.
3.6 All intellectual property rights, copyright and other rights in the images not expressly granted by these terms and conditions are hereby reserved.
3.7 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
3.8 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
3.9 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant images in your possession or control.
3.10 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant images in your possession or control, and permanently destroy any other copies of the relevant images in your possession or control.
4. Cancellation right for all customers
4.1 This Section 4 applies to all our customers that purchase any image under these terms and conditions.
4.2 Due to the digital nature of the product, no refund can be given once any file supplied has been downloaded.
4.3 If you have not downloaded any file, refunds can be given on request within 14 days of purchase.
4.4 We will usually refund money using the same method used to make the payment and will process the payment within 14 days of your request.
4.5 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
5. Warranties and representations
5.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
5.2 We warrant to you that your images will be supplied to you with reasonable care and skill.
5.3 All of our warranties and representations relating to images are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 6.1, all other warranties and representations are expressly excluded.
6. Limitations and exclusions of liability
6.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:
(a) are subject to Section 6.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
6.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
6.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.5 We will not be liable to you in respect of any loss or corruption of any data, database or software
6.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
7.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
8.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
8.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
9. No waivers
9.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
9.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
10.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Third party rights
11.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
11.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
12. Entire agreement
12.1 Subject to Section 6.1, these terms and conditions, together with any terms and conditions specific to other marketplaces where the image files are sold, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
13. Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with English law.
13.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
14. Statutory and regulatory disclosures
14.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
14.2 These terms and conditions are available in the English language only.
15. Our details
15.1 This website is owned and operated by Charlotte Brown.
15.2 You can contact us:
(a) by post, to Lotti Brown Designs, Unit 94966, PO Box 92, CARDIFF, CF11 1NB, United Kingdom
(b) using our website contact form;