Please read the licensing agreement below for detailed information:
ODDSTYLES LICENSING AGREEMENT
This is a legal agreement between the Client and ODDstyles, incorporated and registered in the Netherlands with company number 63284731 and VAT number NL142923369B01. Which registered office is at Huijgensstraat 31, 3521 VM Utrecht. Upon ordering a design from ODDstyles the Client must indicate acceptance of these terms and conditions by clicking the “I accept” button below. ODDstyles will be deemed to have entered into this agreement with the Client once you have clicked “I accept”. Without agreeing to these terms and conditions you will not be entitled to use any design and/or content available at the Website.
“Design”: Any print, pattern, or graphic illustration and their keywords, descriptions and titles as offered at the Patternshop.
“Licence Fee”: The charged fee for the use of any Design as set out on the Website.
“Website”: ODDstyles.com and all pages within the oddstyles.com domain.
“Content”: All images, patterns, graphics, descriptions, information, titles, and agreements shown on the Website.
“Free”: Without cost or payment
“Pucrhase”: Acquire a design by paying for it with money
“Patternshop”: All parts of the website from where you can find and/or purchase a Design (menu title as shown on the website: The Collection).
“The Design Contributor”: A designer that offers their Design(s) through the Website and has a Sellers License Agreement with ODDstyles
“Sellers License Agreement”: The agreement between ODDstyles and the Design Contributor to which the Design is licensed by ODDstyles.
“Intellectual Property Rights”: All copyrights, patents, database rights, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
“Client”: The person who is using any of the services of ODDstyles.
“Virus”: A piece of code which is capable of copying itself and typically has a detrimental effect, such as corrupting the system or destroying data.
2. USE OF SERVICE
2.1. the Client agrees not to use any Content and/or Design for any illegal, unethical, fraudulent, misleading, or objectionable purpose. Neither will the Client breach any applicable law, agreement or any other type of regulation by using any Design and/or Content.
2.2. All the Content and/or Design on the website is protected by trademarks, service marks, copyrights, license agreements and intellectual property rights. The Client agrees not to misuse the content in any way, including any infringement of trademarks, service marks, copyrights or other intellectual property rights comprised in the License Agreement.
2.3. The Client agrees not to use any Content and/or Design in any way which could reasonably be considered to be competitive with or damage ODDstyles’ business interests.
2.4. The Client acknowledges that the Content is only for your general information and does not constitute any form of advice, recommendation or arrangement and is not intended to be relied upon by you in making any specific business or investment decisions.
2.5. The Client agrees not to sell any Content and/or Design in its original condition or in any manipulated form.
2.6.1. The Client agrees not to showcase any Content and/or Design in any way possible without written permission from ODDstyles.
2.6.2 Paying the License fee gives you permission to showcase only that particular Design and only in the ways stated in this Licensing Agreement.
2.7. The Client agrees not to copy any of the Content and/or Designs.
3. USE OF DESIGN
3.1. By paying the License Fee for a Design The Client agrees to the License Agreement and you wholly agree to the following:
3.1.1. Yes! The Client may use the Design for unlimited production, unlimited time and worldwide. For items for sale and resale.
3.1.2. Yes! The Client may adapt the Design by recoloring the pattern and/or the size of the pattern.
3.1.3. Yes! The Design can be used for Online & Promotional Material, Newspaper Articles, Print Ads, Flyers, Folders, Brochures, Booklets, Business Cards, Wrappings, Advertising Displays, Marketing, Gift Cards, Labels, Prints, Posters, Calendars, Stationery, Clothing, and Accessories.
3.1.4. No! The Design may not be duplicated, sub-licensed, or sold to any other party, in its original form or in any manipulated form.
3.1.5. No! The Design may not be used in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material.
3.1.6. No! The Design may not be modified any further than recoloring and/or adjusting the size of the Design.
3.1.7. No! The Design may not be shared across multiple companies. The Design can only be used by one company under one business number.
4. DESIGN REQUIREMENTS
4.1 We acknowledge that the Design you have Purchased;
4.1.1. Will be either a vectored AI file or layered PSD file.
4.1.2. Will have a seamless repeat;
4.1.3. Is created by ODDstyles or The Design Contributor itself and without the use of stock elements;
4.1.4. Will be removed from the website after purchase: the Design will only be sold once;|
4.2 The Free Design (which is not Purchased):
4.2.1 Is not exclusive and therefore will not be removed from the Website after a download.
4.2.2 Is not required to have any of the requirements stated at 4.1.
4.2.3 Is downloaded and used at your own risk and ODDstyles will not be responsible for any claims regarding the Free Design
4.2.4 Is a Design and therefore all other restrictions stated in this agreement are still applicable.
5. REFUND POLICY
5.1. Once the Design is purchased the transaction is non-refundable unless;
5.1.2. You can prove the purchased Design does not meet the Design requirements with exception of the seamless repeat which we will fix for you as soon as possible. (mail the pattern and order number to info@oddstyles with subject line “fix my repeat” )
5.1.3. Any other reason is not justified under this Licensing Agreement. However, if you feel you have a legit reason, please e-mail us.
6.1. The Client agrees that the Client obtains no Intellectual Property Rights of the Design by virtue of this agreement and that all Intellectual Property Rights of the Design shall at all times remain the property of ODDstyles or the Design Contributor, who has granted ODDstyles the right to sublicense the Licensed Design in accordance with the terms of the Sellers License Agreement.
6.2. The Client will immediately notify ODDstyles through writing, preferably email: firstname.lastname@example.org, if any of the following matters come to your attention:
6.2.1. any infringement in any way of the Intellectual Property Rights in the Licensed Design;
6.2.2. any claim in any way that the Licensed Design infringes the rights of any third party;
6.2.3. any other form of attack, charge or claim to which the Intellectual Property Rights in the Licensed Design is subject.
6.3. To any of the matters listed in clause 6.2. it is acknowledged that;
6.3.1. ODDstyles or the Design Contributor shall decide what action to take, if any;
6.3.2. ODDstyles or the Design Contributor shall have exclusive control over all claims and proceedings;
6.3.3. The Client agrees not to make any admissions other than to ODDstyles or the Design Contributor and shall provide ODDstyles or the Design Contributor with all assistance that is reasonably required in the conduct of any claims or proceedings.
7.1. The Client will take all actions that can be considered within reason to ensure the License Agreement is honored in all cases and at all times.
7.2. In case any infringement, claims, charges or attacks and/or damage is/are done in any way to ODDstyles and/or the Design Contributor that are caused by not following up on the Licensing Agreement, in any way and whatever the cause, ODDstyles and/or the Design Contributor will be indemnified against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by ODDstyles arising out of or in connection with any breach by you of the terms of this Licensing Agreement.
7.3. ODDstyles nor the Design Contributor shall be liable for any indirect, incidental, special or consequential damage arising in connection with the services, inability to use the site or any content on the site, whether for breach of contract, tortious behavior or negligence or any other cause of action. This limitation of liability applies, but is not limited to, any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation dismissing, computer virus, communicating online failure, or theft of, destruction of, unauthorized access to, alteration of, or use of data. The Client specifically acknowledges that ODDstyles or its Design Contributor is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the fort going rests entirely with the Client.
7.4. You acknowledge to indemnify and hold ODDstyles and/or the Design Contributor, its employees, agents, officers, directors and other representatives harmless from and against all costs, losses, liabilities and expenses (Including legal fees) which ODDstyles may suffer or incur, in connection with or arising from your breach of this Agreement, use of the Site, use of Content or Design.
8. ODDSTYLES ACKNOWLEDGES
8.1. ODDstyles hereby acknowledges that:
8.1.2. ODDstyles has the right to modify the terms and conditions of this Licensing Agreement. Any modification is effective 30 days after upon posting to the Website or immediately upon distribution to Client via e-mail or conventional mail.
8.1.3. To ODDstyles’ reasonable knowledge and belief (given the terms of the sellers License Agreement), the Design does not incorporate any material that infringes the Intellectual Property Rights or any other rights of any third party, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not, to ODDstyles’ reasonable knowledge or belief, place any person in criminal liability.
8.1.4. The Intellectual Property Rights in the Design have not, to its reasonable knowledge and belief (given the terms of the Sellers License Agreement), been licensed to any third party.
8.1.5. ODDstyles is not, at the date of this agreement, aware of any claim by any third party that the Design or any elements incorporated within the Design by either party, has infringed or will infringe any rights of any third party.
9. CLIENT ACKNOWLEDGES
9.1. the Client hereby acknowledges that:
9.1.2. The Client agrees not to exercise the Licensed Rights in any way that is or renders the Design obscene, defamatory or in breach of the privacy or any other rights of a third party or any law anywhere in the world;
9.1.3. The Client agrees to secure all third-party permissions and clearances necessary to enable you to exercise the rights granted to you under this Licensing Agreement; and
9.1.4. The Client agrees to have full authority to enter into this Licensing Agreement.
10. LICENSE FEE, PAYMENT AND SIGN UP
10.1. The License Fee is paid to ODDstyles in accordance with the methods of payment set out on the Website and, upon authorization of such payment, the Design shall be available to you for download.
10.2. The Client acknowledges that the information the Client has given at the sign-up and at the Website’s checkout procedure is accurate, complete and up to date.
10.3. It is the Clients responsibility to update your registration data and inform ODDstyles as soon as possible of any changes to the Clients information.
11. LIMITATION OF LIABILITY
11.1. The Design has not been created to meet the Clients individual requirements and it is the Clients sole responsibility to satisfy itself prior to entering into this Licensing Agreement that the Design will meet the Clients requirements. ODDstyles makes no warranty in that respect and no failure of any part or the whole of the Design to be suitable for the Clients requirements shall entitle the Client any form of compensation or refund. Neither shall it give rise to any right or claim against ODDstyles.
11.2. Whilst ODDstyles makes all reasonable attempts to exclude Viruses from the Design, it cannot ensure such exclusion and no liability is accepted for Viruses. Thus, the Client is hereby recommended to thoroughly scan the Design upon downloading the Design.
11.3. To the fullest extent permitted by law, ODDstyles shall not be liable to the Client for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from your exercise of the rights granted to the Client under this agreement.
11.4. No matter how many claims are made and whatever the basis of such claims, ODDstyles’ maximum aggregate liability to the Client under or in connection with this agreement, in respect of any direct loss will be a sum equal to the purchased Design the claim is made upon.
11.5. None of the clauses above shall apply so as to restrict liability for death or personal injury resulting from the negligence of ODDstyles or fraud or fraudulent misrepresentation.
12.1. Either party may terminate this agreement immediately if the other breaches any term of this agreement and such breach is incapable of remedy or continues for a period of 30 days after written notice requiring the same to be remedied has been given.
12.2. In the event of termination of this agreement, all rights granted pursuant to this agreement shall cease.
13.1. ODDstyles shall be entitled to assign or license all the rights granted to it under this Licensing Agreement to any third party without notice to the Client.
13.2. All notices to be served in accordance with this agreement may be served by email. The email address of ODDstyles shall be as displayed on the Website and the Client email address shall be as submitted by the Client to the Website upon the purchase of the Design.
13.3. If any provision or part-provision of this Licensing Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
13.4. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.5. The Design Contributor shall have the right to enforce any of the terms of this agreement against the Client.