Creative Kitten - Terms of Use
CreativeKitten.com (referred as "CreativeKitten", "we" on this document) makes information, services and products (referred as "Digital Content and Materials" on this document) available on this Web site (this "Site"), subject to the following terms and conditions. By accessing this Site and downloading any Digital Content, you (also referred as "user", "your", "yourself" in this document) agree to these terms and conditions. CreativeKitten reserves the right to change these terms and conditions at any time without notice. CreativeKitten reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved by CreativeKitten. These terms represent the entire understanding relating to the use of this Site and downloading any Digital Content from this site and supercede any prior or contemporaneous, conflicting or additional communications.
Copyright
The materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. Except as otherwise provided in this document, no portion of this Site may be distributed or reproduced by any means, or in any form, without CreativeKitten's prior written permission. You may download copy of the Digital Content/Materials offered on this site as free downloads for your personal and/or commercial use on non-exclusive rights basis in line of the following terms.
You may use any of the downloaded Digital Content from CreativeKitten free of charge - without any fee or obligation for commercial or personal purposes. (In websites, printed promotional materials, magazines, newspapers, books, brochures, leaflets, CD/DVD covers, in an Editorial context, for example. using the Digital Content to explain, illustrate, comment on or graphically design the text within text article, documentary and story based publications, multimedia presentations, broadcast film and video, cell phones, with business identity on stationery, business cards, letterhead etc.)
You are permitted to make whatever modifications necessary to CreativeKitten downloaded Digital Content to make them fit your needs. However, all downloaded Digital Content will still be subject to this license regardless of the extent of the modification. The work created with the downloaded Digital Content must be used either by yourself or by your client. A User must do their best to prevent third parties from duplicating the downloaded Digital Content.
Credit for the use of materials downloaded from CreativeKitten such as a link back to creativekitten.com is required. You can copy the following code and paste it on your website or use one of the banner at: http://www.creativekitten.com/about
Image by <a href="http://www.creativekitten.com" title="free artwork and design">Free-CreativeKitten.com</a>
If you use downloaded Digital Content in non online projects, you must include the following credit statement in your project: "Photos/Icons/Graphics (as applicable) provided by CreativeKitten free of charge - www.creativekitten.com"
You MAY NOT use any downloaded Digital Content:
You MAY NOT resell or redistribute any of the material/downloaded Digital Content in any other way, modified, unmodified, standalone or combined with another product without prior written consent from creativekitten.com. Using the photos, clipart, icons and other works in website templates for your own and your business website use doesn’t count as selling or redistribution, however you are not allowed to use in templates that you intend to sell, creating printed reproductions that you intend to sell, or distribute, build a gallery using the downloaded Digital Content.
You MAY NOT use to endorse products and services if it depicts a person.
You MAY NOT use as part of a trademark, service mark or logo.
You MAY NOT claim any of the downloaded Digital Content as your own work.
You MAY NOT sub-license, assign, or transfer this license to anyone else without prior written consent from CreativeKitten
You MAY NOT use any of the material for the purpose of spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
You MAY NOT use any of the material included in this file to promote adult oriented content, products or services.
You MAY NOT use any of the material to promote any drug retailers/sellers/distributors, gun retailers/sellers/distributors, pyramid marketing schemes and gambling activities.
You MAY NOT use any of the material in a way that can give a bad name to CreativeKitten or the person(s) depicted on the Image.
You agree to only use the downloaded Digital Content/Materials as expressly permitted in these Terms of Use, and in accordance with applicable laws, rules and regulations. Other than the rights expressed in these Terms of Use, a you have no other rights of any kind with respect to the materials. Downloading a Digital Content/Material does not transfer the ownership of the Digital Content/Material to the downloader and you must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Digital Content/Material or the right to use the Digital Content/Material to anyone else.
Materials specified above do not include logos, graphics, sounds or images on this Site - not offered as free download, which may be reproduced or distributed only when expressly permitted by CreativeKitten.
Copyright Notice
Except where otherwise specified, the contents of this Site are Copyright © 2008 CreativeKitten, The Netherlands. All rights reserved.
Submissions, Comments and Feedback
Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.
Linking to Site
CreativeKitten permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:
* May link to, but not replicate, content contained in this Site;
* Must not create a frames or border environment or browser around content contained in this Site;
* Must not present misleading or false information about CreativeKitten's services or products;
* Must not misrepresent CreativeKitten's relationship with the linker;
* Must not imply that CreativeKitten is endorsing or sponsoring the linker or the linker's services or products;
* Must not use CreativeKitten's logos or trade dress without prior written permission from CreativeKitten;
* Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
* Must not contain materials that would violate any laws;
* Must agree that the link may be removed at any time upon CreativeKitten's request pursuant to CreativeKitten's reserved rights to rescind its consent to allow the link.
Links to Other Sites
This Site may provide links to third-party Web sites, which are not under the control of CreativeKitten. We make no representations about any other Web site, that you may access through this one. When you access a non-CreativeKitten Web site please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to a non-CreativeKitten Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site.
Viruses and Destructive Code
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Third-party Products and Services
This Site mentions third-party products and services for informational purposes. CreativeKitten makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by CreativeKitten "as is", without warranty of any kind, either express or implied.
Disclaimer, Limitation of Liability and Indemnification
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND FWT, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.
CreativeKitten MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
IN NO EVENT WILL FWT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PREESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF CAD EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD CreativeKitten HARMLESS FROM, AND YOU COVENANT NOT TO SUE CAD FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, CreativeKitten MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
General
Products and Services Availability
This Site can be accessed from countries around the world and may contain references to CreativeKitten services, programs, and products that have not been announced in such country. These references do not imply that CreativeKitten intends to announce such services, programs, or products in such country.
Governing Law and Forum
The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the The Netherlands, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of The Netherlands, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.
International Use
CreativeKitten controls and operates this Site from its headquarters located in the The Netherlands. We make no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of Dutch export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.
Export Control Laws
Software and products available on this Site is subject to Dutch export controls. No software from this Site may be downloaded or otherwise exported or re-exported: into any country to which The Netherlands has embargoed goods;
By downloading or using software and products from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with The Netherlands export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Registrant Removal
In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.
Recognizing the global reach of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.
WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA, HOWEVER, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR.
If you have any questions regarding these terms please contact us.