License Terms

1 – Licensing and Subscriptions

This Licensing and Subscriptions Agreement (the “Agreement”) concluded by MAKEANDPOP.COM (“MAKE&POP”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) of the website https://makeandpop.com (the “Website”), including all its subdomains, governs the use of graphic resources obtained through the Website (collectively the “Graphics” and individually the “Graphic”), and the use of MAKE&POP’ proprietary Tools and Services (including but not limited to Digital Templates, Online Makers, Customer support, widgets, APIs; henceforth named the “tools” or “services”).

By using the Website and downloading the Graphics, you agree to be bound by the terms of this Agreement. If you do not agree with one or more provisions of this Agreement, you are not authorized to use the Website and download the Graphics.

2 – What types of Licenses and Subscriptions does MAKE&POP offer?

2.1. MAKE&POP offers Individual Licenses that apply to the use of its Graphics and Tools. Users can purchase a single type of Individual Licenses, namely, the Premium License. The Premium License grants users a specific amount of credits that can be used to purchase the Graphics. The Premium License grants perpetual, worldwide, non-exclusive, non-transferable and non-sublicensable personal and commercial use rights of a Graphic purchased using Premium License credits.

2.2. MAKE&POP does not offer Subscriptions plans at the moment.

3 – What purposes can Graphics be used for? 3.1. Your use of the Graphics is subject to the limits and regulations applicable to the particular type of the Individual Licenses or the Subscriptions purchased by you. The list of uses indicated in this Section is non-exhaustive and includes only a part of the possible uses of the Graphics. If you would like to use the Graphics for special purposes drastically different from those mentioned in this Section, please contact MAKE&POP by using the email contact(at)makeandpop(dot)com in advance for obtaining our prior consent.

3.2. Advertising Use. Advertising Use refers to the use of the Graphics aimed at promoting a company, brand, event, product, or organization, either by digital or printed means. The Advertising Use includes, but is not limited to, company websites, social media, flyers, brochures, banners, printed promotional materials, posters, stationery, marketing campaigns, corporate presentations, newspapers, and product packaging. Please note that the Advertising Use is not considered the same as Consumer Merchandise Use (see Section 19.3.).

3.3. Consumer Merchandise Use. Consumer Merchandise Use (also “Merch Use”) refers to the use of the Graphics on physical products for sale, including, but not limited to, mugs, greeting cards, t-shirts, calendars, face masks, self-publishing books, puzzles, posters, and artworks. The Graphics can be utilized for the Consumer Merchandise Use only if a paid Merch License or a Merch-type Subscription is obtained, and the limitations granted by the Individual Licenses and the Subscriptions are respected.

3.4. Template Use. Template Use refers to the use of the Graphics on physical and digital templates including, but not limited to, website templates, greeting card templates, calendar templates, business cards templates, brochure design templates, presentation templates, and banner/ads templates. The Graphics can be utilized for the Template Use only if a paid Individual Licenses or Subscription are obtained and the limitations granted by the Individual Licenses and Subscriptions are respected. Also, if you would like to utilize the Graphics for the Template Use, you are required to add a significant value to the Graphics. For Templates, you cannot use the Graphics exactly as they are displayed on our Website. That kind of use is considered to be redistribution and that is not permitted by MAKE&POP.

3.5. Mobile Apps & Software Use. Mobile Apps & Software Use refers to the use of the Graphics in mobile applications and desktop software intended for sale. The Graphics can be utilized in mobile apps and software that contain in-app purchases, display advertising, and use any other monetization means only if paid Individual Licenses or Subscriptions are obtained.

3.6. Logos & Corporate Identity Use. Logos & Corporate Identity Use refers to the use of Graphics intended for creation of a logo as part of it. You are allowed to copyright your logo that has been created using the Graphics, however, such a copyright will cover only your unique logo design and will not prevent other Vexels’ customers from using that particular item of the Graphics in their projects.

3.7. Editorial Use. Editorial Use refers to physical or digital publications that are intended for use only in relation to events that are newsworthy or of general interest to the public, including, but not limited to, books, e-books, textbooks, magazines, newspapers, guides, and blogs. Editorial Use graphics are strictly non-commercial licenses and cannot be used for profit-driven publications of any type.

4 – Immutable Digital Assets

Unless expressly authorized by MAKE&POP, you may not use any items of content in connection with an immutable digital asset intended for sale (such as a non-fungible token). Please contact MAKE&POP by using the email contact(at)MAKE&POP(dot)com in advance for obtaining our prior consent.

5 – Liability

MAKE&POP will not be held liable for any rejections, takedowns, suspensions, terminations or any kind of activity that happens to users’ Merch accounts on any given platform. Each Merch account owner is the sole responsible for the use of our designs, their accounts and the product information they submit.

6 – On-Demand Products

The Premium Licenses and Subscriptions can be used to sell products that use the Graphics for the purposes of a third party customization on a made-to-order basis, including postcards, mugs, t-shirts, posters, and puzzles (the “On-Demand Products”).

The On-Demand Products can be sold in online on-demand marketplaces, including, but not limited, to Merch by Amazon, Etsy, Printful, Zazzle, CafePress, and Kindle Direct Publishing (KDP).

7 – User of the Platform

MAKE&POP grants its Active and Deactivated users a non-transferable, non-exclusive and non-sublicensable license to use the Graphics and allowed tools of its platform, where conditions apply.

The license to use the Graphics cannot be transferred or sublicensed to any third parties, except for users’ employers, customers, or subcontractors. If Premium Licenses or Subscriptions are purchased on behalf of a client or an organization, the Graphics can be used by the client or employees of the organization, subject to the terms and limitations stated in this Agreement.

Users’ subcontractors, including, but not limited to, publishers, printers, and mailing houses, are allowed to use the Graphics under the Premium Licenses and the Subscriptions for the sole purpose of distributing the project for which the Graphics were downloaded.

8 – Prohibited use of the Graphics

8.1. The Graphics distributed by MAKE&POP bear a copyright and withhold authorship. You are not allowed to sublicense, resell, redistribute or rent the Graphics published on the Website in full or in part as your own property.

8.2. You are not allowed to publish the editable source files of the Graphics, including any vector graphic format, included but not limited to .AI, .SVG, .EPS or .PDF, in their original form or with small modifications. MAKE&POP considers the publishing of such editable source files of the Graphics redistribution and strictly prohibits such practices.

8.3. In case of your failure to comply with any provisions of this Agreement, MAKE&POP reserves the right to immediately revoke all Premium Licenses and Subscriptions granted to you without a prior notice. Under such revocation, you agree to: (i) immediately stop using the Website and the Graphics; and (ii) delete and destroy all copies of the Graphics from all media.

8.4. You are not allowed to use the Graphics in any way that:

Violates any applicable laws, including intellectual property rights of others; Spreads malware (e.g., viruses, worms, Trojan horses); Is ethnically, racially, or otherwise objectionable; Is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene; Spreads spam or other illegal messaging; and Copies, distributes, rents, resells, modifies, compromises, damages, disables, impairs, and overburdens the Website.

8.5. Liability of ill use of MAKE&POP products The User is the sole liable for any incurrence into prohibited uses of MAKE&POP graphics and products.

9 – Prices and Payments

9.1. The prices of the Premium Licenses and Subscriptions (the “Prices”) are specified on the Website at the moment of your purchase or communicated to you in writing.

For more information about the Prices, please visit https://store.makeandpop.com/l/buy-credits

As of October 2022, the Prices are expressed in United States Dollars (USD) and exclude all applicable taxes.

All payments to MAKE&POP will be made in US Dollars.

9.2. The payments can be made on the Website by using a credit card or a PayPal account (the “Payment Methods”). By making a payment through the Website, you authorize MAKE&POP to charge the designated Payment Method for the total amount of the purchase.

9.3. By purchasing the Premium Licenses and the Subscriptions through the Website, you declare that you are solely responsible for paying all applicable taxes and fees, including, but not limited to, value added tax (VAT), credit card fees, foreign exchange fees, and cross border fees.

10 – Free use

10.1. MAKE&POP provides the users of the Website with a possibility to utilize some of the Graphics (except those marked as “Premium”) for free (the “Free Use”, “Free Graphics” or “Graphics for free”) through a non-registered guest user account or with a free account created anytime at no cost. The use of the Free Graphics is subject to the requirements listed in this Section.

10.2. Prohibited Uses

This license is for personal use only. Personal use means non-commercial use of the Graphics for display on personal websites and computers, or making image prints, merchandise, or artwork for personal use. The Graphics may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Graphics may not be used in advertising. The Graphics may not be resold, relicensed, or sub-licensed.

10.3. Obligatory use

You must attribute MAKE&POP as the creator of the graphic. If you would like to use the Graphics for Free, you are required to meet the below-mentioned attribution requirements.

10.4. Your failure to meet the requirements listed in Section 10 will be considered as an infringement of the intellectual property rights of the Company and may result in legal proceedings against you and the penalties provided by law, such as liability for monetary damages and imprisonment.

11 – Affiliates

MAKE&POP has an Affiliate program where people can earn money by recommending our products.

This program can be accessed at: https://store.makeandpop.com/affiliates

12 – Contact Details

MAKEANDPOP.COM

Email: contact(at)makeandpop(dot)com

13 – Amendments

We reserve the right to amend or modify this Agreement from time to time. In case you continue using the Website after receiving such a message or an email, you agree to the changes stated in the message or the email.

This Agreement was last amended on October 15th, 2022.