GFX supply LICENSE
The following License Terms as well as the GFXsupply Terms of Service ("TOS") a may be amended or updated from time to time (collectively the “Agreement”) constitute an agreement between you (“Buyer” or “you”) and GFXsupply LLC and/or any of its affiliates, setting forth the rights and obligations with respect to the digital content (“Items”) licensed by you. Any terms not defined herein shall have the definition set forth in the TOS. Please review the Agreement before you purchase any Items.
All Items available on retrosupply.co are protected by United States and international copyright laws and treaties. GFXsupply retains ownership of the Items, but grants to you certain rights to use the Items on the following terms. All other rights are expressly reserved by RetroSupply LLC.
GFXsupply hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce the Item worldwide, in perpetuity, as expressly permitted by the license herein and subject to the terms set forth herein:
You may use a purchased Item in a new End Product as long as the End Product meets the following requirements.
End Products must be significantly different than the original Item and require time, effort, and skill to produce. End Products must not be used or sold in a way that is directly competitive with the original Item you purchased. End Products must not redistribute the original Item to any third parties in a manner that allows for the extraction of the original Item.
For the following categories, special terms apply:
Installable Items (Fonts and Add-Ons):
Here, an End Product must be a unique implementation of the Item. For example, you may purchase a font and use it to make unique word art, or purchase and use a brush to create an illustration, but you must not redistribute the original files in any way.
Templates and Themes:
Here, an End Product must be a unique implementation of the Item, often requiring limited copy and content changes. For example, if you purchase a resume template, you may use the Item for yourself or a client after having input personal information (you may not resell it as stock).
A purchased Item may be used in one Project. As an exception, Installable Items may be used in an unlimited number of Projects on a one seat per license basis. A Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. However, all purchased Items may be used in an unlimited number of Personal Use Projects.
Under the Standard License, you may use purchased Items to create End Products for Sale where lifetime sales of the End Product for Sale do not exceed 500 units. If a Standard Licensed Item is purchased and used to create an End Product for Sale of which the sales exceed 500 units, either another Standard License or an Extended License must be purchased. For End Products that are not offered for sale, you may distribute as many copies of the End Product as you like.
An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person (wholesale, drop-shipping, etc.). For purposes of this license, “intend to sell” means you plan to sell, license, sub-license, or distribute the End Product for any type of fee or charge.
You may modify or manipulate the Item, or incorporate it into other content and make a derivative work from it. GFXsupply will retain all right, title, and ownership in the Item, and the resulting derivative work is subject to the terms of this Standard License.
You may not sublicense, resell, share, transfer, or otherwise redistribute the Item (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.
You may not make the Item available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Item, and you must not permit an end user of the end product to extract the Item and use it separately from the End Product.
You may use purchased Items in TV, films, streaming video, on demand broadcasts, and/or online videos for up to 10,000 views per month. For anything over 10,000 monthly views, contact RetroSupply LLC directly in order to inquire about further rights options.
You may not publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify us via email at email@example.com.
You may not use any Item in a way that violates the Agreement including, without limitation, in a manner that infringes any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Items that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the rights owner.
You may not register as a trademark the Item or the end product incorporating the Item – not even logos. If you use the Item to create a logo for yourself or a client, keep in mind that third parties can use the Item too, even in another logo.
You may not use any Item if that use could result in a third party’s claim that it acquired rights in the Item that are contrary to this license. Upon RetroSupply LLC's request, you shall immediately remove the Item from any unauthorized location or use, including an unauthorized social media platform or website.
You may not falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than the copyright holder(s) of that Item.
You may not use Item(s) containing models and/or property in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
If you purchase an Extended License, the following terms apply:
This Extended License allows you to use Items in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
You may also use Items purchased under the Extended License to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
Portions of some Items may be governed by an open source software license such as the GPL (GNU General Public License). In these cases, any portions of Item not governed by an open source license will be covered by this license. You will have to review the terms of the applicable open source license to determine the requirements applicable to those portions of the Item.
If you breach any of the terms of the Agreement, the license can be terminated, in addition to GFXsupply other rights at law and/or equity. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it. GFXsupply shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
If you create the End Product for a client, your client must comply with these License Terms.
This Agreement constitutes the entire agreement between you and GFXsupply concerning your use of the Item. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part of the Agreement shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. If there is an inconsistency between the terms of the License Terms and the TOS, the License Terms will apply to the extent necessary to resolve the inconsistency.
GFXsupply failure to assert any right or provision under this License shall not constitute a waiver of such right or provision.
All Items are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
GFXsupply does not warrant that the Item, GFXsupply websites, or other materials or services ("GFXsupply products or services") will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the GFXsupply Products or Services is solely with you.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.
Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, PayPal address, Amazon Pay account information, Apply Pay account information), email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).
Additionally, we use this Order Information to:
Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We may use your Device Information to run a retargeting advertising campaign.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.
For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy
We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/
You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
You can opt out of targeted advertising by using the links below:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.
Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org