License Agreement – Personal Use - Limited Commercial
This document is a license agreement ("License") by Preserved
Gardens and Anne Post ("Preserved Gardens") between the user ("You") and Preserved Gardens.
Use of the
images or materials from Preserved Gardens is conditional upon your agreement to
the terms and conditions set out below. If you do not agree to
these terms, then you must not accept the terms and you cannot
copy, download, access, or otherwise use any images or content from
Preserved Gardens. Downloading or using images or materials constitutes
acceptance of these terms whether or not you’ve read this contract.
Preserved Gardens may revise and update this Agreement at any
time and without notice. Your continued use of the Preserved Gardens
website after any such changes are posted will constitute your
acceptance of these changes.
Preserved Gardens owns all images and material on
this website. The use of images/material is non-exclusive and royalty free,
but you must not modify them, for the uses
permitted under the clause Conditions of Use.
Images and materials from Preserved Gardens are written, photographed
and/or scanned by Preserved Gardens. All images and materials remain
in the ownership of Preserved Gardens and materials are
you, not sold.
granted for the use of the
images/materials gives you no
lawful right to make available images and/or materials by Preserved Gardens. Use of
the images and material in such manner will be an infringement of the
intellectual property rights of Preserved Gardens and Preserved
Gardens reserves its right to take action to prevent any such
All materials, including the organization and presentation of
these materials, are the property of Preserved Gardens and are
protected by intellectual property laws. The use of these images/materials is
at your own discretion, but attribution must be given
to Preserved Gardens, including a link to the Preserved
Gardens website (www.preservedgardens.com)
The rights for all images, materials, and content lie with
Preserved Gardens. Images, scans, or photos have been taken in a
private space; using the images in your work may or may not be allowed,
depending on the nature of such work as outlined in this contract.
Any use not covered in this contract will be granted by Preserved
Gardens in its own discretion. If in doubt please contact Preserved
Gardens. Contact information is provided at the bottom of this
CONDITIONS OF USE
Use of images/materials are only allowed under the following
- Private use, with attribution to Preserved Gardens,
including a link to the Preserved Gardens website (www.preservedgardens.com)
when used online. The "nofollow" attribute must not be used.
-Permitted: <a href="http://www.preservedgardens.com/"
<a href="http://www.preservedgardens.com/" rel="nofollow">Preserved
Small business use, with prior written permission from Preserved
Gardens, and with attribution and link back to Preserved Gardens.
Notification to Preserved Gardens of use including where and how
images and materials are used.
It is NOT permitted
- Use any image or content in any way without either giving
attribution and link back to Preserved Gardens OR purchasing the
image or content. Links may not have the nofollow attribute.
- Sell or distribute any of these images and/or materials in a
modified or unmodified
form, or where a derived product you are selling or distributing
is an image/texture or collection images/textures.
IN OTHER WORDS:
Do not sell or freely distribute any of these images/materials
(modified or not) by itself or in a texture pack, material, clipart,
website theme, scrapbooking pack, or any other form.
- Give away the digital file on any website or blog. This
includes sharing the digital file with friends. Please refer others
to Preserved Gardens so they can get their own file.
- Use commercially unless permission has been obtained in
writing from Preserved Gardens.
- Re-sell digital file "AS IS" even if it is resized or
rearranged in a similar look.
- Bundle the images with software such as paint programs, 3D
programs, photo-kiosk software.
- Sell or use as pattern for mass production purposes.
- Use the images in graphic design themes or templates
sold on physical or digital market places (this includes templates
of websites, business cards and e-cards)
- Resell or redistribute the image/texture at 'print on
demand' services (mugs, t-shirts, mouse mats, art etc.)
- Sell as a part of scrapbooking kit or any kind of DIY
- Sell or redistribute as skins for laptops, phones and
other devices, created with images from Preserved Gardens.
- Release the image/texture/material or derivative products under Open
Information of the individuals with whom we interact
are private. Preserved
Gardens does not disclose personal information of any company or
individuals that use any Preserved Gardens web presence. No
newsletters or offers will be sent to you without your prior
consent. Any information submitted by the user will be used solely
for the purpose of completing the agreement, delivering materials,
enforcing copyright, and addressing any issues whether paid or unpaid.
LIMITATION OF LIABILITY
You assume all responsibility and risk for the use of
Preserved Gardens images, materials, and information.
In no event shall Preserved Gardens be liable for any
incidental, indirect, punitive, exemplary or consequential damages
whatsoever, including damages for loss of profits, interruption,
loss of business information, loss of data, or any other pecuniary
loss in connection with any claim, loss, action, suit, damage or
other proceeding arising under or out of this License, including
without limitation your use of, reliance upon, access to or
exploitation of Preserved Garden, the materials or any part thereof,
or any rights granted to you hereunder, even if we have been advised
of the possibility of such damage, whether the action is based on
contract, tort (including negligence), infringement of intellectual
property rights or otherwise.
You agree to indemnify and hold Preserved Gardens harmless
against all claims or liability asserted against Preserved Gardens
arising out of or in connection with any breach by you or anyone
acting on your behalf of any of this License. Any legal fees arising
from any attempt to place liability on Preserved Gardens or its
representatives for any breach of this License will be your
This License shall be governed by and construed in accordance
with the laws of The United States, without regard to conflict of
laws and provisions thereto. The parties consent to the exclusive
jurisdiction of the courts of, venue and situs in The United
States as well as The State of Michigan.
Preserved Gardens reserves the right to terminate the
of the use of the materials from Preserved Gardens if the user is
found in breach of this License and does not remedy that breach
within three (3) days of receiving notice from Preserved Gardens or
Feel free to email any questions regarding this
firstname.lastname@example.org or the address below. Correspondence must be in English.
and materials remain the intellectual property of Preserved Gardens.
41071 Conger Bay
Harrison Township, Michigan 48045
Copyright Preserved Gardens and Anne Post 2014
For information about obtaining
exclusive commercial License with copyright transfer
use the above contact information.