SVGBackgrounds.com License Agreement
This SVGBackgrounds.com License Agreement (the “Agreement”) is entered into by and between Visiwig LLC, located at 104 De Pasquale Avenue, Providence, RI 02903 (“Licensor”), and the individual or entity (“Licensee”) who has obtained the graphic(s) (the “Graphic(s)”).
“Graphic(s)” means the digital visual design elements, images, icons, backgrounds, or any other graphical assets provided by Licensor through the website SVGBackgrounds.com. The Graphic(s) are categorized into two types:
- Free Graphics: Refers to Graphic(s) made available to the Licensee without charge.
- Premium Graphics: Refers to an expanded set of Graphic(s) that are accessible to Licensees with an Active Subscription under this Agreement.
“Licensee” refers to the individual or entity obtaining the Graphic(s) and agreeing to the terms of this Agreement.
“Licensor” refers to Visiwig LLC, the owner and provider of the Graphic(s).
“Subscription” means the fee-based access to the Premium Graphics granted to Licensee for a specified period as described on the website SVGBackgrounds.com and subject to the terms of this Agreement.
“Active Subscription” refers to the period during which Licensee has paid the applicable fees, either on a monthly or annual basis, and maintains access to the Graphic(s) through the website SVGBackgrounds.com. An Active Subscription continues until the end of the paid billing period, even if the subscription is canceled before the end of that period. Rates and terms of the subscription may vary and are described on the website SVGBackgrounds.com. The access and rights granted under an Active Subscription are subject to the terms of this Agreement.
“End Product” means a product, whether free or for sale, that integrates the Graphic(s) with other original design work, created by Licensee in accordance with the terms of this Agreement. This may include, but is not limited to, marketing materials, websites, social media posts, and advertisements.
“Agreement” means this License Agreement, including all its terms, conditions, and provisions.
“Project” refers to specific design or creative tasks undertaken by Licensee spanning no more than six months, such as building a website or updating a webpage, in which the Graphic(s) may be used, all subject to the terms of this Agreement.
- GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, worldwide license. Subject to the terms and conditions of this Agreement, Licensor grants Licensee the right to:
- Use the Graphic(s) to create an end product.
- Use the Graphic(s) within personal, commercial, and contracted client projects.
- Use the Graphic(s) in multiple projects.
- USAGE DURING AND AFTER SUBSCRIPTION
- Licensee may obtain and add Premium Graphics in accordance with Section 1 only while holding an Active Subscription with Licensor. However, Licensee may not download, store, or retain the Premium Graphics for future use beyond the immediate needs of current or ongoing projects.
- Upon termination or expiration of the Subscription, Licensee may retain and continue to use the Premium Graphics added during the Active Subscription period in projects initiated prior to termination or expiration. Licensee may not add Premium Graphics to new projects or use them in any other manner after the Subscription has ended.
Licensee shall not:
- Use the Graphic(s) on their own, as-is. Licensee must combine the Graphic(s) with other original design work and not use them as the primary integrity or design element within a design.
- Redistribute, sublicense, share, resell, rent, lend, or otherwise transfer the Graphic(s), access to the Graphic(s), or the rights granted under this Agreement to any third party.
- Use the Graphic(s) to create a free or paid product that competes directly with SVGBackgrounds.com.
- Use the Graphic(s) in automated systems or templates that allow end-users or clients to create their own graphics or end products.
- Use the Graphic(s) to train generative AI models.
- Represent the Graphic(s) as their original work or claim copyright in the Graphic(s).
- Use the Graphic(s) in any way that could be considered unlawful, fraudulent, immoral, defamatory, libelous, obscene, or discriminatory.
Licensee must provide proper attribution as specified by Licensor when using the Graphic(s) under this Agreement unless Licensee holds an Active Subscription. The detailed guidelines for proper attribution can be found on Licensor’s webpage at SVGBackgrounds.com/attribution/. Licensee agrees to adhere to the attribution guidelines as outlined on the webpage.
While Licensee maintains an Active Subscription, Licensor may provide updates, revisions, or additional content related to the Graphic(s) at no additional charge. Such updates, revisions, or additional content shall be considered part of the Graphic(s) and subject to all terms and conditions of this Agreement.
- SERVICE INTERRUPTION
Licensor makes no guarantees regarding the continuous, uninterrupted access to the Graphic(s) through the website SVGBackgrounds.com. Interruptions or delays in service may occur due to maintenance, updates, or circumstances beyond Licensor’s reasonable control. Such interruptions or delays shall not constitute a breach of this Agreement, and Licensee acknowledges and accepts the risk of temporary loss of access.
- WARRANTIES AND LIABILITY
The Graphic(s) are provided “as is,” and Licensor makes no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Licensor shall not be liable for any damages or losses arising from the use of the Graphic(s).
Licensee shall indemnify, defend, and hold harmless Licensor from and against all claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or resulting from Licensee’s use of the Graphic(s) not in accordance with this Agreement.
- LIMITATION OF LIABILITY
Licensor’s liability under this Agreement shall be limited to the amount paid by Licensee for the subscription. In no event shall Licensor be liable for any indirect, special, incidental, punitive, or consequential damages arising out of this Agreement.
Licensor may terminate this Agreement at any time if Licensee breaches any of the terms of this Agreement.
All notices or other communications required or permitted by this Agreement shall be in writing and shall be deemed given when:
- Sent by email to the respective parties at the email addresses provided by the Licensee at the time of subscription and to Licensor at Support@SVGBackgrounds.com, or such other email addresses as the parties may designate by notice pursuant to this section, and
- Posted on the website SVGBackgrounds.com, which will serve as a valid means of communication for all users, including those who have not provided an email address. Notices posted on the website shall be considered effective upon posting.
Licensor reserves the right to modify or amend this Agreement at any time. Any modifications or amendments will be posted on SVGBackgrounds.com, and Licensee’s continued use of the Graphic(s) or the services provided by Licensor after such modifications or amendments are posted shall constitute acceptance of the Agreement as modified. It is Licensee’s responsibility to review the Agreement periodically to be aware of any such modifications or amendments.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.
- GOVERNING LAW
This Agreement shall be governed by the laws of the State of Rhode Island, United States, and any disputes shall be resolved in the courts of the State of Rhode Island, United States.
- ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, agreements, or understandings between the parties related to the subject matter.
IN WITNESS WHEREOF, by accessing the Graphic(s), whether through a subscription purchase or free access, Licensee acknowledges and agrees to be bound by all terms and conditions of this Agreement as of the date of access. Licensor and Licensee agree that electronic acceptance of this Agreement shall have the same force and effect as if physically executed.