Terms Of Service

The Quick and Easy on the Eyes Version

Your graphic(s) purchase includes our Blue Penguin Graphics License (BPGL) by default. 

  • The BPGL license is personal, non-transferable, non-exclusive, and does not expire.
  • Your graphic(s) can be used multiple times on multiple projects
  • You can freely modify the graphics without any restrictions.
  • No back-links or attribution required. If you do decide to give us credit though, you would not believe how much we’d love you for that!

 

So Here’s What’s Allowed

  • The Commercial @Work Use Stuff: internet/extranet websites, banners, flyers and other marketing materials, print, video, newsletters, keynote slides, books, product packaging etc.
  • The Personal @Home Use Stuff: arts & crafts, family newsletters, scrapbooks etc.
  • Educational @School Use Stuff: video, slides, classroom activities, non-published homework for school events etc.
  • Physical products you’d make for resale, such as Apparel and Clothing, T-shirts, Sweatshirts, Sweaters, Hoodies, Tank tops, Coats, Trousers, Socks, Hats, Mugs, Tumblers, Cups, Plates, Clocks, Stickers, Wall posters etc.
  • Digital products you’d make where our graphics have been used in Commercial and Personal graphic works, Videos, Media, TV, Movies, Comedy Shows and more...
  • Contracted work for your client(s).

 Free To Use

And Here’s What’s Not Allowed

  • Redistribution: The resell, re-license or give away [for free or with payment] our graphics is strictly not allowed.
  • Unlawful and/or Defamatory use: You cannot use our graphics for illegal or unauthorized purposes, to defame a person or in a way that violates any laws in your jurisdiction or the jurisdiction where the graphic(s) would be seen and/or used.

If you have any questions about licensing, please contact us.

 

 

The Deep Dive Into The Details Version

Term Of Servise

Last updated: 08/01/2018

All visitors and customers of BluePenguin.Graphics, are subject to the following terms and conditions. In using this website and/or by downloading/displaying any material, you agree to be bound by this agreement. Should you be using this website on behalf of your client(s) this agreement also extends to your client(s) and their party.

 

The Blue Penguin Graphics License

The Blue Penguin Graphics License

You can ONLY use any of our graphics with our Blue Penguin Graphics License, which can be obtained by simply purchasing the graphic(s) you wish to use.

All graphics belonging to Blue Penguin Graphics are under our signature royalty-free commercial license. This license gives you a non-exclusive and non-transferable right to use them for a wide variety of commercial, editorial, personal, charitable or educational purposes. That also includes creating products for resale.

You may use our graphics multiple times, in multiple owned or client projects.

 

Unauthorized Use

  • Our graphics may not be placed, as provided or modified, on a website or any other medium (digital, physical or otherwise) for redistribution or resale
  • Our graphics may not be used for illegal or unauthorized purposes and/or in a way that violates any laws in your jurisdiction or the jurisdiction intended for the graphics use
  • Our graphics may not be used for unlawful or defamatory uses
  • Our graphics may not be used in a way that constitutes an infringement of copyright, trade name, trademark, service mark or a subjects’ proprietary ownership that belongs to a third-party

 

Team License

Purchasing single or multiple graphics for your entire team of artists to access is simple and easy. Please contact us when you are ready. This license would simply be our "Blue Penguin Graphics License” identified as valid for your entire team.

 

Contact Details

Please ensure the contact details in your account are accurate. Your license is invalid and unverifiable otherwise.

 

Watermarked Images

Watermarked graphics are allowed only as comp/proof images (e.g. to showcase a project in progress to a client). It is strictly forbidden to remove/alter in any way, the watermarks from our products and use them in any finished form.

 

Trademark / Logo

You are free to use our graphics to create any logo(s) which won’t be trademarked. You cannot use our graphics as a logo or part of a logo if you intend to pursue a trademark. Blue Penguin Graphics are available to all our customers and as such they can purchase the same graphic for their respective use(s).

 

Copyright

Our graphics may not be copy-written themselves, but you can copyright a larger work you created where our graphics are used in/that our graphics are only a small part of. Further, our graphics are not the sole, central or main reason the larger work you created (a book for example) that would be purchased.

 

Delivery of graphics

After successful collection of your payment, our graphics are made immediately available for download. We will also email you a copy of your purchase that includes download links. With respect to any issues downloading graphics after having successfully placed an order, please do not hesitate to contact us and we will forward your files using another method of delivery.

 

Availability of graphics

You may download a graphic you have purchased multiple times for as long as that graphic remains available on our website. We do not force a limit on downloads.

 

Refund policy

We stand behind our products 100%. Your satisfaction is guaranteed. Please contact us if you are not 100% satisfied with your purchase. We will issue a full refund in the highly unlikely event we cannot make it right.

 

Limited warranty

All our graphics are provided “as is” and without warranties of any kind either expressed or implied. You use our graphics and other assets at your sole risk. We do not warrant, guarantee or make any representations regarding the results that may be obtained from the use of our graphics available for purchase or as a free download. You expressly understand and agree as part of these terms of service that Blue Penguin Graphics and those associated with its operation, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or other tangible or intangible losses.

 

Personal information and privacy

Any use of your personal information is within the guidelines of our Privacy Policy. Your privacy is extremely important to us. We never sell or rent your personal information. Creating an account with Blue Penguin Graphics and using our services means that you agree to the Privacy Policy of this website.

Should you decide that you do not agree with our Privacy Policy, you must cease using our website and its services immediately.

 

Termination of use

We always retain the right to discontinue any of our services or the website itself with or without a prior notice to any individual, group or collective. If we find that any individual, group or collective breaches any of the provisions of these terms of use, we will suspend the individual, group or collective’s account without notice. Specifically, your license will be suspended automatically and you must delete and destroy any products obtained from our website.

 

Indemnification

In case you breach these terms of use and with that the rights of a third party, you agree to indemnify and hold us harmless against all claims, damages, costs, liabilities, and expenses asserted against us.

 

Jurisdiction

These terms of use shall be governed in accordance with international treaty provisions and other applicable laws in your jurisdiction and the jurisdiction/intended use of the graphic(s).

 

No waiver

Absence of an immediate notification does on qualify as acceptance of a breach of terms. If we do not act immediately against anyone breaching these terms of use, it does not mean we are forfeiting our right to take any action(s) in response to the breach on a later stage.

 

Legal fees

In the event you pursue court as arbitration and court’s decision is in Blue Penguin Graphics favor, you agree to reimburse us for any legal fees and ancillary costs incurred prior to, during and post as related to this legal process.

 

Severability

If any provisions of these terms of use are deemed illegal and unenforceable, the rest of the provisions will still apply.

 

Computer viruses or connection problems

We thoroughly scan all files we make available for download with various antivirus software. It is extremely unlikely for a computer virus to sneak past our quality control process.

However, in such an unlikely case a device virus is found, we cannot be held responsible for any harm caused to your computer / digital systems by device viruses that may have been transmitted while accessing our website and/or downloading our products.

We are not responsible for any incomplete or corrupt copies of files that you may download from our website in relation to internet connection problems.

 

Copyright claims

If you think that we have harmed your own copyright with any of our illustrations, content, intentional or unintentional design, please contact us and we will investigate the claim thoroughly.

 

Disclaimer

We are doing our best to prepare the content of this site. However, for Blue Penguin Graphics cannot warranty the usage, expressions and suggestions of the contents, graphics and any other material as well as its accuracy. In addition, to the extent permitted by the law, Blue Penguin Graphics shall not be responsible for any losses and/or damages due to the usage of the content, graphic and/or information on our website. The use of the content, data, information and/or any other asset/s from Blue Penguin Graphics website and it's affiliated accounts is under the user responsibility excursively.

 

Contact us

Please do not hesitate to contact us should you have any further questions or concerns in regards to these terms of use.