Premium Content Platform Personal Use Seller Agreement

PREMIUM CONTENT PLATFORM SELLER AGREEMENT FOR PERSONAL AND NON-COMMERCIAL PERSONAL USE

  1. The member of DeviantArt who made files available on the Premium Content Platform (the "Platform") is the "Seller" and the member of DeviantArt who obtains a download of the files through the Platform is the "Buyer." The file or files made available by the Seller for download and the various elements of the content in those files are referred to as the "Content." The act of obtaining the file(s) from the Platform is referred to as the "Download."
  2. The Content is the original work of the Seller and/or Seller has all rights necessary to license the Content to Buyer as indicated in this Agreement. No other person or company has any right to control the Content.
  3. Seller grants to Buyer a non-exclusive and perpetual license to use the Content as follows:
    1. If the Content is a image or set of images, the right to use the image(s) for personal, non-commercial uses such as a public or private display in which no fee is charged for viewing the image(s) in particular; reproduction in copies for personal use; personal stationary; use on a personal website or as part of a personal website or gaming account; and, any other use of the image(s) by the Buyer for which no payment is made for use or transfer of the image(s) themselves. Buyer may incorporate the image(s) into a new work and alter the image(s) for those purposes provided the resulting work is used non-commercially by the Buyer such as for display in a Buyer's DeviantArt account.
    2. If the Content is a tutorial, comic book, finished book, example of technique (such as a PSD file with multiple layers to show development of an image), dAmuro redraw file, or any other file or set of files representing an integrated publication, the right to personally use the results and proceeds of the information contained in the files but not the right to reproduce the Content on the files directly;
    3. If the Content is a tool, an application, a piece of software, a brush, a texture, a wire frame, a template, a vector file or a similar functional or applied item for use in the making or production of other content, the personal right for the Buyer use the Content in the production of any work intended for any form of distribution including a commercial distribution or sale;
    4. If the Content is of a type for use in the personal customization of a webpage or website (such as an avatar, skins, themes and backgrounds), the right to use the content on any number of webpages personal to the Buyer or as a personal identifier for the Buyer on the Web or within a online environment such as a game or X-box Live;
    5. If the Content is of a type for use in the customization of a personal electronic device (such as "wallpaper," screensavers, skins, sound effects, visual themes, avatars), the right to use the content on any number personal devices belonging to the Buyer.
  4. Except for the Content described in paragraph 3C, above, Buyer may not use Content to promote any product or commercial endeavor.
  5. Seller retains and reserves all other rights to the Content under copyright, trademark or other intellectual or commercial laws and the Buyer acknowledges that Seller is the owner of the Content. Seller warrants and represents to the Buyer that Seller is the true owner of the Content and that there will be no interference by any third party making any other claim of ownership or control of the Content.
  6. Buyer may not sub-license or assign any rights acquired under this Agreement except as specified in paragraph 3, above.
  7. Buyer may never resell any file obtained with the Download.
  8. Buyer will provide attribution (that is, credit) to the Seller of the Content if appropriate in the circumstances of the use made by the Buyer but will not be required to provide attribution in any circumstance where it would interfere with the use licensed by the Buyer or where it is not common for such attribution to be given (for example when displaying an avatar or when using a brush).
  9. Seller and Buyer acknowledge that DeviantArt is not a party to this Agreement. Seller and Buyer agree to resolve all disputes arising out of this Agreement by themselves as fairly and efficiently as possible.
  10. Seller and Buyer agree that by using this Agreement form and by acknowledging its use on the Premium Content Platform at the time of the Download the transaction record for the Download will be the equivalent of their respective electronic signatures.