Grant of license

Subject to the terms and conditions of this Agreement, StorytellerSketches (“We”, “Us”, “The Platform”) grants you a non-exclusive, worldwide, royalty-free, perpetual, and non-transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display the images (“Images”) purchased and downloaded from our website (“Website”), storytellersketches.com, for personal, commercial, or non-commercial purposes, in accordance with the restrictions set forth in this Agreement.

How you can use licensed Images

You may use the Images for the following purposes:

• Incorporating the Images into business communications material, such as presentations, internal communications, and intranet-based content.
• Incorporating the Images into publicly-facing content on websites, social media posts, advertisements, marketing materials, e-books, white papers, presentations, and other digital or printed materials.
• Reproducing the Images in digital or printed form for personal or commercial use.
• Modifying the Images to create derivative works.

If you are purchasing on behalf of your employer or client, then your employer or client can use the Images. You represent and warrant that you have full legal authority to bind your employer or client to the terms of this Agreement. If you do not have that authority, then your employer or client may not use the Images.

Restricted uses

You may not:

• Sell, sublicense, distribute, or otherwise transfer the Images to any third party.
• Use the Images in a manner that violates any applicable laws or infringes upon any third-party rights, including but not limited to intellectual property rights.
• Use the Images in a defamatory, obscene, or unlawful manner, or in violation of any applicable regulations or industry codes.
• Use the Images (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) any Images (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Images or any content derived from the Images (including by Us, or the copyright owner of the Images).
• Use the Images in any way that allows others to download, extract, or redistribute them as standalone files (meaning just the files themselves, separate from the project, publication or other end use).
• Use the Images in products or services that compete with StorytellerSketches’ business.
• Falsely represent that you are the original creator of an end use that is made up largely of an Image or Images.
• Use the Images in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes ‘on demand’ products (products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (including the sale of products through custom designed websites, such as zazzle.com or cafepress.com).
• Use the Images for any AI-generator or other technology involving machine learning, large language models (LLMs), large action models (LAMs), or artificial intelligence purposes, or for any technologies designed to generate images or other content using artificial intelligence. This includes any descriptive information, keywords or other metadata associated with the Images.
• Modify or combine Images with other content to create illegal content which breaks Australian laws, and includes:
  • child pornography or child abuse;
  • content that shows extreme sexual violence or materials that are overly violent;
  • content that advocates, promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation;
  • content that violates any applicable low or regulation, including the criminal code, data protection, consumer law and youth protection provisions;
  • content that violates, plagiarises, misappropriates or infringes any third party rights, including any third party intellectual property rights; and
  • content that is obscene, libellous, sexually explicit or defamatory.

Ownership

All rights, title, and interest in and to the Images, including all intellectual property rights therein, are owned by the creator of the Images, which can always be found associated with each Image. You acknowledge and agree that you do not acquire any ownership rights to any Images under this Agreement.

Attribution

You do not need to include any credit or attribution when you use the Images.

Warranty Disclaimer

The Images are provided ‘as is’ without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall StorytellerSketches be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of the use or inability to use the Images, even if We have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless StorytellerSketches from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to your breach of this Agreement or your use of the Images.

Termination

This Agreement shall remain in effect until terminated by either party. StorytellerSketches may terminate this Agreement immediately upon written notice if you are found to breach any provision of this Agreement. Upon termination, you must cease all use of the Images and destroy any copies you have of them.

Refunds

Unless required by local law, there are no refunds for any credit packs you purchase.

Content withdrawal

StorytellerSketches may discontinue licensing and availability of any Image or other item of content at any time at its sole discretion. Upon notice from Us, or upon your knowledge, that any content may be subject to a claim of infringement of a third party‘s right for which We may be liable, StorytellerSketches may require you to immediately, and at your own expense, cease using the content, delete or destroy any copies, and ensure that your clients, distributors and/or employer do likewise. We will provide you with replacement content (determined by StorytellerSketches in its reasonable commercial judgement) free of charge, subject to the other terms of this agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales (NSW), Australia, including the Fair Trading Act 1987, without regard to its conflict of law provisions.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.