Dusty Pink InstaFilm Maker

Type

Photo

Photo Frame

Film Filter

This is a licensing agreement between you and OOOPEN Lab that explains how you can use the licensed photos, illustrations, and vector graphics you obtain from OOOPEN Lab. By downloading content from the Brand, you accept the terms of this agreement. OOOPEN Lab merely provides this platform and is not involved in the licensing relationship between you and the Brand.​1. Types of Licenses Provided by OOOPEN LabFree content downloads are available. As the name suggests, free content can be used for non-commercial purposes without payment! The Brand&#39;s free content license includes photos, illustrations, and vector graphics provided by the Brand. The permitted uses of this licensed content are described below.​2. How You Can Use Licensed ContentYou may use the content for non-commercial purposes (see Restrictions on Use below). Subject to these restrictions and the remaining terms of this agreement, OOOPEN Lab grants you the following rights:A) Perpetual: This means your right to use the content downloaded during the term of the agreement has no expiration date. However, this does not apply if you violate the terms of this agreement or violate the law.B) Non-Exclusive: This means you do not have the exclusive right to use the content. The Brand may license the same content to other customers.C) Worldwide: This means the content can be used in any geographic region. However, you should be aware of whether you are violating local laws and regulations.D) If the Brand has separate provisions for the licensed use in addition to this agreement, those provisions shall prevail.​3. For the purposes of this agreement, &quot;use&quot; means copying, reproducing, publicly transmitting (online), and publicly displaying. Please be sure to read the Restrictions on Use section below for exceptions.​4. Restrictions on UseA) No Illegal Use: You may not use the content in connection with pornography, defamation, or other illegal means, promote violence or hatred, or violate any applicable laws or industry regulations.B) No Commercial Use: You may not use the licensed content for any commercial, promotional, editorial advertising, endorsement, advertising, gaming/betting/gambling purposes, or promotional purposes.C) No Use in Trademarks or Logos: The content (in whole or in part) may not be used as a distinctive or identifying feature of a trademark, design mark, trade name, business name, service mark, or logo. Furthermore, you have no right (in any jurisdiction) to register such content (in whole or in part) as a trademark or rely on any such registration, prior use, and/or accumulation of goodwill to prevent any third party (including us, our clients, or the copyright holder of such content) from using that content or any similar content. ​ ​ D) No False Attribution: You may not falsely represent that you are the original creator of the end use principally composed of the licensed content. For example, you cannot create a painting based solely on licensed content and claim that you are the author. ​ ​ E) No Resale of Products: You may not use the content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself, including, but not limited to, cards, stationery, paper products, calendars, clothing items, posters (printed on paper products, canvas, or any other media), DVDs, mobile apps, non-fungible tokens, or other items for resale, licensed use, or other distribution for profit. This includes &quot;on-demand&quot; products (meaning products where a third party selects content for personalized customization), including, but not limited to, postcards, mugs, short-sleeved t-shirts, posters, and other items (this includes selling products through custom-designed websites and websites such as zazzle.com and cafepress.com). ​ ​ F) Prohibition of Electronic Templates: You may not use the content in electronic or digital templates (such as website templates, business card templates, electronic greeting card templates, brochure design templates) intended for resale or other distribution.G) Limited Print Runs: You may not reproduce the content in physical print form (including, but not limited to, all items in Section 4(E)) more than 100 times.H) No Use for Machine Learning, Artificial Intelligence, or Biometric Technologies: You may not use the content (including any caption data, keywords, or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes, or for any technology designed or intended to identify natural persons. ​ ​ I) Other Violations of Laws and Regulations: Any other manner that violates laws and regulations.​5. Non-Transferable and Non-SublicensableThe rights granted to you are non-transferable and non-sublicensable, meaning you cannot transfer or sublicense them to anyone else.​6. User AccountYou agree to:A) Keep all passwords and user names secure.B) Notify the Brand immediately of any unauthorized use or other security breaches.C) Be fully responsible for the activities that occur under each user account. The Brand reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If the Brand determines that you have violated these terms or any other terms of this agreement, the Brand may seek further legal remedies.D) Comply with OOOPEN Lab&#39;s Terms of Use and Privacy Policy.​7. Intellectual PropertyA) Ownership of Content: All licensed content is owned by OOOPEN Lab. All rights not expressly granted in this agreement are reserved by OOOPEN Lab.B) Attribution: You need to attribute the source of the photos, illustrations, and vector graphics.C) Content Withdrawal: OOOPEN Lab may, in its sole discretion, discontinue licensing any content item at any time. You must stop using the content upon notification; delete or destroy any copies; and ensure that your clients, distributors, and/or employers do the same.​8. Representations and WarrantiesOOOPEN Lab makes the following representations and warranties:A) Non-Infringement Warranty: Your use of the content in accordance with this agreement and in the form provided by the Brand will not infringe any copyright, moral rights, trademark, or other intellectual property rights, nor will it violate any privacy or publicity rights; however, the Brand does not grant any rights or make any warranties regarding the use of names, people, trademarks, trade dress, logos, registered or unregistered or copyrighted designs, works of art, or architecture depicted or contained in the content. In such cases, it is your sole responsibility to determine whether permission is required for the content you intend to use, and it is your sole responsibility to obtain such permission. Please note that you are solely responsible for any edits made to the content. ​ ​ B) Title/Metadata Disclaimer: While the Brand has made reasonable efforts to properly categorize the content, edit content keywords, edit content descriptions, and titles, the Brand does not warrant the accuracy of such information or any metadata provided with the content.C) No Other Warranties: Except as otherwise provided in the &quot;Non-Infringement Warranty&quot; section above, the content is provided &quot;as is&quot; without any representations, warranties, or conditions of any kind, whether express or implied. The Brand does not represent or warrant that the content will meet your requirements or that use of the content will be uninterrupted or error-free.​9. Indemnification/Limitation of LiabilityA) You agree to defend, indemnify, and hold the Brand harmless from and against all damages, liabilities, and expenses (including, but not limited to, litigation costs, attorneys&#39; fees, and fees the Brand is required to pay to third parties due to your breach) arising out of or related to any act by you (or anyone acting on your behalf) that violates or is alleged to violate any provision of this agreement.B) Limitation of Liability: The Brand will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this agreement, even if the Brand or its authorized representatives have been advised of the possibility of such damages, costs, or losses. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability. ​ ​ C) If you violate the terms of this agreement, the Brand has the right to revoke your license and prohibit you from continuing to use the services under the terms of this agreement. You must also compensate the Brand for all damages and losses suffered as a result.​10. General ProvisionsA) Assignment: The rights you enjoy under this agreement may not be transferred without the prior written consent of the Brand. The Brand may transfer this agreement to any of its affiliates or any successor without giving notice or obtaining consent, provided that such entities agree to abide by these terms.B) Electronic Storage: You agree to retain the copyright symbol, the Brand&#39;s name, the content&#39;s identification number, and any other information that may be embedded in the electronic file containing the original content, and to properly ensure security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for backup purposes. ​ ​ C) Severability: If one or more provisions of this agreement are found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be amended only to the extent necessary to make them enforceable. ​ ​ D) Waiver: No act by either contracting party shall be construed as a waiver or non-application of any provision of this agreement unlessE) Entire Agreement. No terms and conditions of this Agreement may be added to, deleted, or modified unless made in writing and accepted by you and the Brand. ​ In the event of any conflict between the terms of this Agreement and the terms contained in any purchase order you submit, the terms of this Agreement shall govern.F) Notice. All notices required to be sent to the Brand under this Agreement shall be sent via email to hello@ooopenlab.cc. All notices to you will be sent via email to the email address listed in your account.G) Governing Law and Jurisdiction. If any dispute arises between you and the Brand due to your use of the materials provided by the Brand under this Agreement, you agree that the laws of the Republic of China shall govern and that the Taipei District Court of Taiwan shall be the court of first instance.