Terms of Use

Permissions, Terms, and Conditions:

Last updated:  11/26/2016

This license agreement (Agreement) governs the terms by which the user obtains the right to use graphics, patterns, and other media content obtained and downloaded from the Jen Tennille Illustration and Design's Blog (The Site) located at http://jtillustrationanddesign.blogspot.com.

By downloading any file from The Site you represent that you have read, understand, and agree to be bound by this agreement.  The term “YOU” refers to the individual or legal entity, as applicable, identified as the user when downloading or using graphics,patterns, and/or other media content from The Site. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY GRAPHIC, PATTERN, OR OTHER MEDIA CONTENT OBTAINED FROM The Site.

1. License:

This is a license for use.  Jen Tennille Illustration and Design, Jen Tennille Waldera (Illustrator/Artist), continues to own all graphics, patterns, and other media content files. Subject to your acceptance of the terms of this Agreement, Jen Tennille Illustration and Design hereby grants to you a limited, non-exclusive, revocable, non-transferable, worldwide right to use the graphics, patterns, and other media files as follows:


  1. You may use these files personally and commercially for anything you like except for what is expressly prohibited in these Terms of Use.
  2. You may not sell, rent, load, give, sub-license, or otherwise transfer to anyone, the graphics, patterns, or other media file or the right to use the graphics, patterns, or other media file as a stand alone file or as part of a collection without first significantly and artistically altering the file.  Derivative works are permitted. Inclusion in clip art collections is not permitted.
  3. You may not use the graphics, patterns, or other media files in an instance where it is capable of being downloaded, extracted, or accessed by a third party as a stand-alone file or as part of a collection without first significantly and artistically altering the file.  Derivative works are permitted. Inclusion in clip art collections is not permitted.
  4. The graphics, patterns, and/or other media files, nor any derivative works may not be used, in part or in whole, as a trademark, nor may you claim any proprietary rights of any sort pertaining to the graphics, patterns, and/or other media files, or any part thereof.
  5. You may link to the graphics, patterns, and other media files only if you give credit to Jen Tennille Illustration and Design, provide a direct link to the THE SITE, and list copyright to Jen Tennille Illustration and Design.

2. Copyright:

Jen Tennille Illustration and Design, its licensors and contributors retain all right, title, and interest in and to the graphics, patterns, and other media files not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

3. No Warranty:

Jen Tennille Illustration and Design, Jen Tennille Waldera, make no representation or warranty with respect to any graphics, patterns, and other media files or the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any graphic, pattern, or other media file, and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for your intended usage are secured.  All of Jen Tennille Illustration and Designs’ graphic and other media files are provided "as is.” Jen Tennille Illustration and Design makes no representation or warranty either express or implied including but not limited to any implied warranties of merchant ability, fitness for any particular use, quality of image, non-infringement, or compatibility with any computer hardware or other equipment, operating system or software program. Neither Jen Tennille Illustration and Design nor any of its directors, officers, employees, subsidiaries, affiliates, contractors, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the graphics, patterns, and/or other media files. You acknowledge that Jen Tennille Illustration and Design has no obligation to review, monitor or screen graphics, patterns, and/or other media files, although Jen Tennille Illustration and Design reserves the right, in its sole discretion, to do so.  Jen Tennille Illustration and design does not approve, endorse or make any representations or warranties with respect to the graphics, patterns, and/or other media files. Jen Tennille Illustration and Design does not warrant the accuracy of any categorization, keyword, caption or title of the graphic, pattern, and/or media file or the metadata that may be provided therewith. ANY GRAPHIC, PATTERN, AND/OR OTHER MEDIA FILES DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH The Site IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS The Site OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING OR DOWNLOADING SUCH CONTENT.

4. Indemnity and Release:

You will indemnify and hold Jen Tennille Illustration and Design, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “Jen Tennille Illustration and Design Parties”), harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of the graphics, patterns, and/or other media files. You hereby release Jen Tennille Illustration and Design Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any graphics, patterns, and/or other media files or use thereof. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not now or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

5. Limitation of Liability:

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY JEN TENNILLE ILLUSTRATION AND DESIGN PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE GRAPHICS, PATTERNS, AND/OR OTHER MEDIA FILES, WHETHER OR NOT JEN TENNILLE ILLUSTRATION AND DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL JEN TENNILLE ILLUSTRATION AND DESIGN BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT RECEIVED BY JEN TENNILLE ILLUSTRATION AND DESIGN AS A RESULT OF YOUR USE OF THE GRAPHICS, PATTERNS, AND/OR OTHER MEDIA FILES YOU PURCHASED. IF YOU HAVE NOT PAID JEN TENNILLE ILLUSTRATION AND DESIGN ANY AMOUNTS IN THE PURCHASE OF THE GRAPHICS, PATTERNS AND/OR OTHER MEDIA FILES, JEN TENNILLE ILLUSTRATION AND DESIGN’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ZERO DOLLARS AND ZERO CENTS ($0.00). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JEN TENNILLE ILLUSTRATION AND DESIGN AND YOU. 

6. Termination:

This Agreement will commence on the date when you first download any graphic, pattern, and/or other media file and will remain in effect as long as you maintain any graphic, pattern, and/or other media file or Derivative Work in your possession. The license contained in this Agreement will terminate automatically without notice from Jen Tennille Illustration and Design if you fail to comply with any provision of the Agreement or the Terms of Use. If you want to terminate this Agreement, you may do so at any time by destroying all graphics, patterns, and/or other media files in your possession. Your indemnity and payment obligations and Jen Tennille Illustration and Designs’ rights in conjunction with those obligations shall survive any termination or expiration of this Agreement, as well as Jen Tennille Illustration and Designs’ limitation on liability. The provisions of this paragraph are in addition to any other remedies and rights Jen Tennille Illustration and Design may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein. Upon termination, you must immediately (i) cease using the graphics, patterns, and/or other media files for any purpose; (ii) destroy or delete all copies and archives of the graphics, patterns, and/or other media files and accompanying materials; and (iii) if requested, confirm to Jen Tennille Illustration and Design, in writing, that you have complied with these requirements, provided, however, that such requirements in (i), (ii) and (iii) shall not affect or limit your use of any existing Derivative Works containing the graphics, patterns, and/or other media files. Upon notice from Jen Tennille Illustration and Design, or upon your knowledge that any graphics, patterns, and/or other media file is subject to a threatened, potential or actual claim of infringement of another's right for which Jen Tennille Illustration and Design may be liable, you must immediately and at your own expense (i) stop using the graphics, patterns, and/or other media files; (ii) delete or remove the graphic and/or other media files from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.

7. Illegal Use:

By using the graphics, patterns, and/or other media files, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the graphics, patterns, and/or other media files for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, child trafficking, or pornography. You acknowledge and agree that products, services or technology provided by Jen Tennille Illustration and Design are subject to the export control laws and regulations of the United
States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Jen Tennille Illustration and Design products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

8. General Provisions:

This Agreement constitutes the entire agreement between you and Jen Tennille Illustration and Design regarding the use of the graphics, patterns, and/or other media files. Jen Tennille Illustration and Designs’ failure to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Your relationship to Jen Tennille Illustration and Design is that of an independent contractor, and neither party is an agent or partner of
the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jen Tennille Illustration and Designs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. If any provision of this Agreement is found illegal or unenforceable, the legality and
enforceability of the other provisions of the Agreement will not be affected. Your use of the graphics, patterns, and/or other media files must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the State of Washington, excluding its' body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all
disputes, controversies, demands, counts, claims, or causes of action arising under this Agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the American Arbitration Association. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. Jen Tennille Illustration and Design reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Washington. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Jen Tennille Illustration and Design for its reasonable legal fees, costs, and disbursements if Jen Tennille Illustration and Design is successful in the suit. Jen Tennille Illustration and Design reserves the right to seek an injunction to prevent breach of your obligation to Jen Tennille Illustration and Designs’ intellectual property rights.

9. Arbitration:

Arbitration shall be subject to the Federal Arbitration Act and not state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving similar disputes. The matter may be arbitrated either by JAMS or the American Arbitration Association (“AAA”), as mutually agreed upon by the parties or selected by the party filing the claim. As modified by this Agreement, unless agreed upon by the parties in writing, the conduct of the arbitration shall be subject to the then current rules of JAMS or AAA (whichever is arbitrating the dispute), for commercial arbitration and, if the arbitrator deems it appropriate, consumer disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and Jen Tennille Illustration and Design must abide by the following rules: (a) at your election, any in-person arbitration hearing will take place in the federal judicial district of Jen Tennille Illustration and Design; (b) if your claim is for $10,000 or less, instead of an in-person hearing, you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR JEN TENNILLE ILLUSTRATION AND DESIGN MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (g) Jen Tennille Illustration and Design will pay the arbitration costs as required by the rules of JAMS or AAA (depending upon which is arbitrating the dispute), (h) the arbitrator may award any damages or other relief or remedies
(including attorneys’ fees and costs) that are permitted by applicable law; and (i) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at-issue permit the prevailing party to be paid its fees’ and litigation costs, and in such instance any fees’ and costs awarded by the arbitrator shall be determined by applicable law, statute, regulation, or case law. Notwithstanding the foregoing, either you or Jen Tennille Illustration and Design may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in the State of Washington. With the exception of subparts (d) - (f) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subparts (d) - (f) are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Jen Tennille Illustration and Design shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable, or in the event both AAA and JAMS refuse to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between Jen Tennille Illustration and Design and you shall be exclusively brought in the state or federal courts located in the State of Washington.

10. Scope:

All purchases and downloads of the graphics, patterns, and/or other media files obtained through The Site on or after the below date are subject to this License. All purchases and downloads of the graphic and/or other media files through The Site before the below date, remain subject to any previous License associated with that purchase. Dated proof of purchase or a printed copy of these Terms is required to prove association with a previous License.

-Effective November 26, 2016

Jen Tennille Illustration and Design
Battle Ground, WA
360-597-2597
http://jtillustrationanddesign.blogspot.com

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