THE DYNASMILES by DNT / DNT DYNAMITE DESIGN, LLC
EXTENDED USE LICENSE AGREEMENT (Commercial License for Small Business)
Small business is defined as a privately owned corporation, partnership, or sole proprietorship that has fewer employees than a public corporation or regular-sized business and generates less than $5 million in annual sales.
LAST UPDATED: August 13, 2022
This is a license agreement between you and THE DYNASMILES by DNT / DNT DYNAMITE DESIGN, LLC. By downloading clipart from any of our store fronts, you accept the terms of this agreement.
What licenses are available for downloading your clipart?
THE DYNASMILES offers two types of licenses: standard and extended.
Every file downloaded from THE DYNASMILES comes with a standard license also known as a personal use license.
An extended license gives you well defined commercial rights in exchange for an additional license fee. Unless you purchase an extended license, your use of clipart is subject to the standard license terms.
How can I use your extended use licensed clipart?
You may use our clipart in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) are:
Perpetual, meaning there is no expiration or end date on your standard rights to use the clipart. The only exception to perpetual rights is for clipart downloaded on a subscription and not used within 30 days after the end of your subscription.
Non-exclusive, meaning that you do not have exclusive rights to use the clipart. THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) can license the same clipart to other customers.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
EXTENDED USE LICENSE ALLOWANCES:
You MAY use our graphics in a commercial scrapbook kit sold within the limitations listed here. No stand alone art files. Must be sold for personal use only. Must adhere to print run and revenue restrictions.
You MAY use our graphics to create digital printable files as long as you add enough of your own design to make it original and unique. Files must be flattened (JPG) and sold for personal use only. You cannot include any of our original files in your download.
You MAY use our graphics to create invitations, labels, organizers, planners, gift wrapping, party and home decoration, stationery, handmade or printed cards, brochures, flyers, business cards, etc. You can also create stationery or other printed products at Zazzle, Cafe Press, Etsy, etc., and in your own store as long as you add enough of your own artwork and design to make it original and unique to you.
You MAY use our graphics to create embroidery designs to sell as long as the file is a digital embroidery file. You cannot include any of our original files in your download.
FABRIC & RIBBON DESIGN
You MAY use our graphics to print on fabric and sold within the limitations listed here. Must be sold for personal use only. Must adhere to print run and revenue restrictions.
You MAY use our graphics as a design resource when creating mobile apps.
You MAY use our graphics. The file must be flattened, un-editable and un-extractable. You cannot include any of our original files in your download.
No Unlawful Use.
You may not use clipart in a pornographic, defamatory, threatening or other unlawful manner.
No Political/Persuasive/Protest/Campaign Use.
You may not use clipart to sway public opinion in any form.
No Standalone File Use.
You may not use clipart in any way that allows others to download, extract, or redistribute clipart as a standalone file (meaning just the clipart file itself, separate from the project or end use).
No Use in Trademark or Logo.
You may not use clipart as part of your business branding (trademark, design mark, trade name, business name, service mark, or logo) because you do not own the artwork.
No Subscription Abuse.
You may not stockpile, download or otherwise store clipart not used in a project or end use within 30 days after the end of your subscription for future use.
No False Representation of Authorship.
You may not falsely represent that you are the original creator of a work that is made up largely of licensed clipart. For instance, you cannot create a painting based solely on licensed clipart and claim that you are the author.
You may not sublicense, resell, share, transfer, or otherwise redistribute the content (e.g., as stock, in a tool or template, as source files, etc.), not even for free.
Intellectual Property Rights
Who owns the clipart?
All of the licensed clipart is owned by DNT Dynamite Design, LLC. All rights not expressly granted in this agreement are reserved to DNT Dynamite Design, LLC.
Except in the case of subscriptions, this agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the clipart and deleting or destroying any copies. THE DYNASMILES may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the clipart; delete or destroy any copies; and, if requested, confirm to THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) in writing that you have complied with these requirements.
Unless renewed, subscription agreements terminate automatically at the end of the subscription period, with a 30 day grace period to use any clipart downloaded during the subscription term in a project or other end use. Clipart incorporated into projects or end uses prior to the expiration of the grace period may continue to be used in perpetuity in that project and in any other projects. Any clipart not included in a project at the end of the 30 day grace period is not considered licensed and must be deleted. Any clipart that is used within the 30 day grace period remains subject to the terms of this agreement. THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this agreement and/or abuse of the subscription account, in which case you must immediately: cease using the clipart; delete or destroy any copies; confirm to THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) in writing that you have complied with these requirements; and pay THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) any amounts which remain owing to the end of the term of your subscription as set on your invoice.
Social Media Termination.
If you use the clipart on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the clipart for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
THE DYNASMILES does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of DNT DYNAMITE DESIGN, LLC.
THE DYNASMILES may discontinue licensing any item of clipart at any time in its sole discretion. Upon notice from THE DYNASMILES, or upon your knowledge, that any clipart may be subject to a claim of infringement of a third party's right for which DNT DYNAMITE DESIGN, LLC may be liable, THE DYNASMILES may require you to immediately, and at your own expense: cease using the clipart, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. THE DYNASMILES will provide you with replacement clipart (determined by DNT DYNAMITE DESIGN, LLC in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Indemnification/Limitation of Liability.
Indemnification of THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) by you.
You agree to defend, indemnify and hold harmless THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) and its parent, subsidiaries, affiliates, and clipart suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
Indemnification of you by THE DYNASMILES (DNT DYNAMITE DESIGN, LLC).
Provided that the clipart is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth above, THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) agrees, subject to the terms of this agreement, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) of its warranty in above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the clipart or the context in which the clipart is used by you. This indemnification also does not apply to your continued use of clipart following notice from THE DYNASMILES (DNT DYNAMITE DESIGN, LLC), or upon your knowledge, that the clipart is subject to a claim of infringement of a third party's right.
Limitation of Liability. THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF THE DYNASMILES (DNT DYNAMITE DESIGN, LLC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.