Terms and Conditions
Prepared by PIC Design Studio
Please read and understand this agreement before you commission, purchase or download any content from the computer. If you do not agree to the following terms, do not purchase, download or make any use of the content.
Content is defined as a single image or series of images, drawings, illustrations, artwork, diagrams, graphic design, photographs, photographic representations, composite images, animated images, or any other visual representation regardless of whether the content(s) is obtained via a personal delivery, a regular mail, a download from a website as a comp, licensed content that is downloaded/uploaded via FTP, or content(s) that has been delivered via any storage media that is now known or may become known in the future.
The term "comp", as used in this licensing agreement, means a sample of a design layout or communication project used for internal use only or for presentation to a client of an idea/concept. Artist’s content may not be displayed beyond layout and/or comp use without paying for a usage license first.
This agreement affects you as an individual as well as your employer if you are licensing any content on behalf of your company. If you leave the company that licensed the content, the company may continue to make use of the content pursuant to this agreement. You, however, as an individual, may not make a copy or transfer the content to a new place of employment or to your own company.
2. Time Schedule:
A schedule compatible with the Client’s timing requirements will be established at the outset of the project, with project commencement contingent upon prompt acceptance of this terms and conditions along with a signed contract including an anticipated completion date. All dates and time schedules are contingent upon prompt project commencement and Client’s timely response as required.
3. Permitted Usage of Image Content for Presentation:
All digital content: All of the low-resolution images are for visual reference only. Specifically, no comp image may be placed on a server for public distribution or published in any way except for use in a client’s presentation. Additionally, artist Paul Chung’s content images may not be used as an example for another artist, or illustrator to recreate in substantially the same manner. Content images may also be included in 'non-commercial', personal or school projects, with prior notification via email.
4. Permitted Usage of Licensed Content:
You may publish any licensed content pursuant to the specified usage terms and conditions stated in your usage license and pursuant to the payment terms set forth. The content is licensed to only one company or individual specified in the agreement and that license may not be resold, re-licensed, or transferred to any other company or individual. For production and/or archiving purposes, high-resolution (layered or flat) digital files of the content may be served over a network or placed in a digital library provided the maximum number of users does not exceed 10 people within the same company at the same location. If additional users will need to have access to the original high-resolution file, or you will need to make copies of the original high-resolution file, you must contact us about a license upgrade prior to its distribution.
5. Restricted Usage:
You cannot resell the content or any modification of the content directly. You may not lease, license, re-license, or sub-license the content as an end-product when the content is not included within a specific design project. You agree not to use artist, Paul Chung’s content in a defamatory context, or in conjunction with any other materials that may be deemed to be defamatory, either by altering the content or by using it with accompanying text or graphics that is defamatory. The artist, Paul Chung, gives no rights or warranties with respect to the use of product names, trademarks, logos, registered or copyrighted designs, or works of art depicted in the content. You must use your own due diligence to insure that all necessary or required rights, consents or permissions are secured prior to publishing the content. You agree to hold artist, Paul Chung harmless from any and all claims and expenses arising from your use of our content.
6. Copyright of Content:
The content contained on all electronic media, or print media is copyrighted and protected by the intellectual property laws of the United States, the Digital Millennium Copyright Act (DMCA), and the Berne Convention. The usage rights for any reproduction of this content must be purchased and payment received prior to publication.
The use of content is licensed, not sold unless specified, and the content remains the sole and exclusive property of Paul Chung. You agree not to make, authorize or permit any use of any content, until usage rights have been obtained and payment received. Content use without prior payment is a copyright violation.
The artist, Paul Chung reserves all rights to use the content or images contained in his original work to promote, to display, sell or publish or use it in any other manner in which the artist see fit.
7. Compensation for Unauthorized Use:
Because it is difficult to determine damages resulting from unauthorized usage, in the event that you utilize any content other than for the allowable uses (see "Permitted Usage of Licensed Content" above), or fail to make payment prior to publication, you agree to pay, as liquidated damages, a sum equal to four (4) times our normal license fee, payable within ten (10) days of our billing notification. If you fail to make such payment in a timely manner, this liquidated damage provision shall be void and we shall have the right to sue for copyright Infringement, for which we will not accept less than ten (10) times the normal license fee plus attorney's fees and all associated costs.
8. Copyright Protection:
Each reproduction or work in which Paul Chung’s content appears must be copyright protected.
Editorial use of the content must bear the credit line "© Artwork by Paul Chung". You agree to provide statutory copyright protection of the content by registering the work you created or the work in which the content appears in a timely manner.
9. Payment Terms:
No usage rights are granted, and no content downloading is permitted, until full payment has been received prior to releasing the content-exceptions may apply-if there is an established Artist-Client relationship. Once the payment is made, all usage license fees are non-refundable. Any invoice for a usage license renewal must be paid within ten (10) days of its net due date, and/or prior to the publication of any content. Any disputes concerning the invoice must be submitted in writing within five (5) days of the invoice date, or you shall be deemed to have accepted the invoice and its terms as issued.
Any and all disputes relating to this agreement, including its validity, interpretation, performance, breach or other matter, excluding copyright issues, shall be settled by arbitration in California pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court having jurisdiction. The Laws of the State of California shall govern the interpretation of this Agreement. You agree that the arbitrator(s) will have full authority to award arbitration costs including legal fees, plus legal interest on any award.
11. Legal Costs and Jurisdiction:
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 us for reasonable legal fees and disbursements if the artist, Paul Chung is successful in the suit.
12. No Waiver, Complete Agreement:
The terms set forth in this policy represent our entire agreement concerning the delivery of any content to you, your review and usage thereof. All prior understandings or representations, whether oral or written, based on "industry custom" or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us.
No action of the artist, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorized to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.
The above terms are governed by Article 2 of the Uniform Commercial Code.