183 lines
11 KiB
Plaintext
183 lines
11 KiB
Plaintext
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Free License Agreement
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Version 6.0 - June 23, 2020
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1. Acceptance of this agreement
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By using the JoyPixels Properties (defined below), you agree to be bound by the terms and conditions of
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this license agreement.
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2. You and JoyPixels
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2.1 JoyPixels
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JoyPixels Inc. is a Nevada Corporation. JoyPixels Inc. will be referred to in this agreement as JoyPixels, We,
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Our, or Us.
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2.2 JoyPixels Artwork
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This license applies to the following artwork, which we will refer to as the JoyPixels Artwork for this
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agreement, (the “JoyPixels Artwork”).
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All free version releases within the sixth, fifth, fourth, and third series of signature emoji (any 6.x, 5.x,
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4.x, and 3.x version) only. Note: We reserve the right to remove older signature emoji series (version 5.x, 4.x,
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and 3.x) from our website at any time—at which time they will no longer be available for download.
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2.3 JoyPixels Properties
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The JoyPixels Artwork, name, logos, trademarks, graphic files, and copyrights will be referred to collectively
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in this agreement as the JoyPixels Properties, (the “JoyPixels Properties”).
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2.4 What if you don’t agree to these terms and conditions?
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If you do not agree to the terms and conditions below, do not access or use the JoyPixels Properties. If
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you have any questions or concerns about this agreement, please feel free to contact us at
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licensing@joypixels.com.
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3. License
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Subject to the terms and conditions in this agreement we agree to grant you a personal, limited, revocable,
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non-exclusive, non-transferable, non-sublicensable license to use the JoyPixels Properties on the terms
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and conditions provided in this agreement. We reserve all rights in and to the JoyPixels Properties. This
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license is personal to you and allows you to access and use the JoyPixels Properties for your own
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projects. You agree not to transfer, distribute, sell, or modify the JoyPixels Properties. All rights not
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specifically granted hereunder are reserved to JoyPixels.
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3.1 Ownership of the JoyPIxels Properties
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The JoyPixels Properties and other intellectual property rights of JoyPixels (collectively, the “JoyPixels IP”)
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are and shall remain the property of JoyPixels. All uses of the JoyPixels IP under this agreement shall inure
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to the benefit of JoyPixels. You expressly acknowledge JoyPixels’s exclusive ownership of the JoyPixels IP,
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and all trade dress, advertising themes and other intellectual property used in connection with the JoyPixels
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IP, whether such intellectual property is registered or exists under common law. You further agree that, in
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the event you are or might have been deemed to have acquired any rights in any of the JoyPixels IP (other
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than limited rights granted by this agreement), those rights shall be and herein are assigned to JoyPixels,
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together with all goodwill associated therewith. You shall promptly, upon the request of JoyPixels, take all
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steps necessary to execute, acknowledge and deliver to JoyPixels any and all further instruments and
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assurances, necessary to effectuate the foregoing. You agree not to attack, dispute or contest such
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ownership or the validity of any rights of JoyPixels in the JoyPixels IP, whether such rights are registered,
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are contained in a pending application, or exist under common law. You shall not claim any title to or right to
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use the JoyPixels Properties, JoyPixels IP, or any variation thereof, other than the right to use the JoyPixels
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Properties under this agreement.
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3.2 PERSONAL USE ONLY - no commercial use
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All uses under this agreement shall be for personal use only. Licenses for commercial purposes and for
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business and non-profit entities must be granted under a separate fee license agreement.
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There is one exception—businesses and non-profits may use the JoyPixels Artwork under this agreement
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for internal implementation testing purposes only (i.e. design drafts, prototypes, mock-ups, etc.) to
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evaluate functionality or compatibility for a particular purpose.
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Note: Businesses, non-profits, and individuals that have purchased a premium license can use the free
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JoyPixels Artwork under the terms and conditions of their premium license agreement.
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3.3 IMAGE SIZE AND FORMAT LIMITS - .png format only
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Any JoyPixels Artwork used under this agreement must adhere to the following guidelines:
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(A) .png format only (.svg file format use is not allowed); and
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(B) cannot exceed the size of 128 x 128 pixels.
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3.4 What CAN you do with the JoyPixels Properties under this agreement?
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You can display it for personal use on your own projects as long as:
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(A) you use the JoyPixels Properties as a component of something that required time, effort, and
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skill to create—such as your personal website, videos/photos, social media content, banners/signs,
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artwork, school project, classroom lesson/assignment, etc.; and
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(B) you comply with the other terms and conditions of this agreement.
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There are some exceptions to what can be done with the JoyPixels Properties under this license
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detailed below in Section 3.5.
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3.5 What CAN’T you do with the JoyPixels Properties under this agreement?
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(A) Use it for any business or non-profit entity—this license is for personal use by individuals. (with
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the one exception detailed in Section 3.2 permitting implementation testing use by businesses and non-profits)
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(B) Use it for any commercial purpose—this includes anything that generates revenue either directly or
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indirectly—including donations. (for commercial licensing contact us at licensing@joypixels.com)
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(C) Use it for any merchandising purpose or in the creation or sale of tangible/physical products such as
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promotional products, shirts, cards, stationery, books, packaging, print-on-demand items, etc. (for consumer
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goods licensing contact us at licensing@joypixels.com)
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(D) Use it in any advertisement—including digital advertisement—or for any promotional or endorsement
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purpose. (for advertising licensing contact us at licensing@joypixels.com)
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(E) Use it for a client of yours or for any third party—including ad agencies and all other
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representatives of third parties. (for client or third party licensing contact us at licensing@joypixels.com)
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(F) Use it in the creation of digital or other educational content except for teachers/students for their
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own personal use—you’re not allowed to create material for entire school districts, organizations,
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etc.(use by teachers and students is limited to their own personal school, classroom, or projects)
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(G) Use it for any charity or fundraising purpose—including individual or personal projects/campaigns.
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(H) Sell or license it—you may not sell, license, sub-license, lease, rent, lend, or redistribute the rights
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herein—including using the JoyPixels Properties as an upsell item, in-app purchase, add-on, etc.
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(I) Use it in digital templates that will be resold or distributed to multiple people—such as design
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apps, themed templates, etc.
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(J) Use or rebrand the JoyPixels Artwork under a different name.
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(K) Allow others to extract the JoyPixels Artwork, in whole or in part.
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(L) Include it in open source projects or cryptocurrency projects. (we support these types of projects
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however they require a custom license agreement—please contact us at licensing@joypixels.com)
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(M) Use it in a logo.
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(N) Register as a trademark any of the JoyPixels Properties, or any products or works that include
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the JoyPixels Properties.
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(O) Use it to suggest an endorsement from JoyPixels.
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(P) Modify it—any modification including color changes are not allowed.
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4. Damages
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If you breach this agreement, we have the following remedies, if we feel they are merited:
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(A) You agree that if you violate this agreement we can get an injunction against you.
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(B) You agree that if you violate this agreement you will pay us 100% of all revenue you’ve
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received from items that you’ve sold in violation agreement as well as any damages deemed
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appropriate by a court of competent jurisdiction.
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5. Amendments
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You agree that we may change or modify these terms and conditions. If we make changes to these
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terms and conditions, we will provide notice of the changes by updating this agreement at
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https://www.joypixels.com/licenses/free. By continuing to use our JoyPixels Properties, you confirm
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your acceptance of the revised terms and conditions. If you do not agree to the amended terms and
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conditions, you must stop using our JoyPixels Properties.
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6. Termination
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This license continues until it is terminated by either party, which can happen at any time. We reserve
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the right to terminate this agreement for any reason. In the event of termination you will no longer have
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any rights to use the JoyPixels Properties.
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7. Indemnification
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You shall indemnify us and hold us, our officers, directors, employees, affiliates, successors, and assigns,
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harmless from any damages and liabilities (including reasonable attorney fees and costs):
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(A) Arising out of or related to this agreement;
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(B) Arising out of your use of the JoyPixels Properties, any alleged defects or failures to perform of the
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JoyPixels Properties, or any product liability claims; and
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(C) Any claims arising out of your advertising, distribution, marketing, or sale of the JoyPixels Properties.
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8. Arbitration
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Any dispute, claim or controversy arising out of or relating to this agreement will be determined by
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arbitration in Las Vegas, Nevada. The arbitration will be administered by JAMS pursuant to JAMS’
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Streamlined Arbitration Rules and Procedures and will utilize the Final Offer (or Baseball) option. The
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latest rules and procedures can be found on the JAMS website
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(https://www.jamsadr.com/rules-streamlined-arbitration/). Judgment on the award may be entered in
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any court having jurisdiction. This court will not preclude parties from seeking provisional remedies in
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aid of arbitration from a court of appropriate jurisdiction.
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9. No warranties
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All Items are provided "as is" without warranty of any kind, either express or implied, including, but not
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limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
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10. Applicable Law
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This agreement will be construed in accordance with and governed by the laws of the State of Nevada. Las
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Vegas, Nevada shall be the exclusive venue for any action brought by any party in any way related to this
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agreement.
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11. Waivers and modifications must be written
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Any waiver or modification to this agreement must be written.
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Assignment
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We can assign our rights under this agreement without restriction. If you’d like to assign your rights
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under this agreement, you will need to get prior written permission from us before you can do so (and we
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can’t guarantee that we’ll allow it, though we’ll try).
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13. Severability
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Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other
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provision of this agreement. If possible, any unenforceable provision within this agreement will be
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modified to reflect the parties’ original intention.
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14. Entire Agreement
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This agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of
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the website. If you have any questions or concerns regarding any of the terms and conditions above, please
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feel free to contact us as licensing@joypixels.com.
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