Website Terms of Use

Last Updated: July 28th, 2021

Clipart.com ("SITE") IS A PLATFORM THAT ALLOWS USERS ("YOU") TO ACCESS VISUAL CONTENT FOR A FEE. THESE TERMS AND CONDITIONS OF USE ("TERMS") REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND AUTHENTIC CREATIVES, LLC D/B/A Clipart.com (Clipart.com). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING OUR PRIVACY POLICY, DO NOT USE THIS SITE. This Agreement is in addition to our Privacy Policy and License Agreement.

INTELLECTUAL PROPERTY

All elements of the site, including the text, still images, moving images, graphics, illustrations, audio, multi-media, graphics, vectors, software, data and the selection and arrangement of those elements ("Content") and the general design are owned by Clipart.com or its licensors and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. You must enter into a License Agreement to use any of the Content. You may not use Clipart.com's trademarks or trade names, including "Clipart.com" without Clipart.com's prior written consent. In addition, the look and feel of the Site, including all elements of the design is the service mark, trademark and/or trade dress of Clipart.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Clipart.com names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Clipart.com.

USE OF THE SITE AND RIGHT TO MODIFY THE TERMS

By using the Site Clipart.com you represent that you are over eighteen (18) and have the authority and right to agree to these terms. If you are accessing this Site on behalf of any entity, you further represent and warrant that you are authorized to accept these terms on such entity's behalf and that such entity agrees to indemnify Clipart.com for violations of these Site terms. Clipart.com reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. In using the Site and any of its Content, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. Clipart.com reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Clipart.com. Clipart.com may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Clipart.com.

PROHIBITED USE OF SITE AND CONTENT

You are specifically prohibited from the following:

Removing, altering or changing any copyright information or other notices or metadata associated with the Content;
Downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license with Clipart.com;
Using any data mining, robots or similar data gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site visitors or Clipart.com's Users;
Manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology;
Circumventing any Site restrictions or measures to limit access to the Site;
Registering or attempting to register for any products or services offered by the Clipart.com if you are not authorized by the party to do so;
Disclosing, selling or trading any password to restricted areas of the Site or allowing any third party to have access to your password;
Interfering in any manner, whether technological or otherwise with the function of the Site or/and services offered by Clipart.com;
Exploiting or commercializing the Site or the Content without the specific written authorization of Clipart.com; or
Using the Site and its Content other than for the intended purpose.

PASSWORD PROTECTION AND SECURITY

This Site is password protected for only registered users who have received an authorized password from Clipart.com and only those who are using their own unique password are permitted to access this Site. A condition of accessing the Site is that you shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another employee or subcontractor engaged by you or your employer or otherwise. If you become aware of any loss, theft or misuse of your password, you must inform us in writing immediately, otherwise you may be liable for any loss or damage arising from such misuse. We reserve the right to terminate your access in the event of any misuse of your password.

PRIVACY POLICY

To understand our practices, please review our Privacy Policy available at Clipart.com/privacy.php, which is incorporated by reference into these Terms and also governs your use of the Site.

LINKS TO THIRD PARTY SITES

The linked sites are not under Company control, and it is not responsible for the Content of any linked site, or any link contained in a linked site, or any changes or updates to such sites. Clipart.com is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that Clipart.com provides the links to you only as a convenience and it does not endorse the linked sites or their use or content.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless, Clipart.com, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Site; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including, but not limited to, any intellectual property right. Clipart.com shall promptly notify you of any such claim, and Clipart.com shall assume control of the defense of such claim subject to your indemnification.

GENERAL DISCLAIMERS

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND Clipart.com EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Clipart.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Clipart.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR Clipart.com CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

IN NO EVENT SHALL Clipart.com, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Clipart.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Clipart.com RECORDS, CONTENT, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Clipart.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Clipart.com FOR ACCESS OR USE OF THE SITE.

Clipart.com GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. Clipart.com IDENTIFIED THE CAPTION FOR THE CONTENT TO THE BEST OF ITS ABILITY BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. Clipart.com IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF THE CONTENT BY THIRD PARTIES.

YOU AND Clipart.com AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR Clipart.com WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR Clipart.com ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND Clipart.com FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, Clipart.com, AND ALL PARTIES TO ANY SUCH PROCEEDING.

FEEDBACK

If you choose to correspond with us or our employees in any manner with respect to the Site, including any Site Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Clipart.com has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Clipart.com is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Clipart.com a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

CONTACT

General questions or comments about the Site or these Terms of Use should be sent through the "Contact Us" form available on the Site.

TERMINATION

The license granted to you in these Terms terminates automatically upon any unauthorized use of the Site and Clipart.com reserves the right to take any action we deem appropriate in connection with your violation of these Terms, including, without limitation, taking appropriate investigative and legal action for any illegal or unauthorized use of the Site, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, IP addresses, and traffic information. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from any such violation.

CANCELLATION POLICY

We are able to give a refund provided you purchased a new (first time) subscription no more than three (3) days before your refund request and that you have not downloaded more than five (5) images. If a refund is granted you must delete all the files downloaded from Clipart.com from your computer. Refunds will not be granted for renewals or upgrades except at the sole discretion of Clipart.com.

MISCELLANEOUS

Jurisdiction and Attorney's Fees: This agreement, its validity and effect, shall be interpreted under and governed by the laws of the Commonwealth of Massachusetts. If User is an agent for or an employee of a non-U.S. Clipart.com but operates in a place of business in the United States or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. The Parties agree that all claims shall be brought and that the parties shall be subject to the jurisdiction of the applicable commonwealth or federal court located in Suffolk County. If Clipart.com is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.

No Assignment: This Agreement is not assignable or transferable on the part of the User without Clipart.com approval. Clipart.com may assign its rights and obligations under this Agreement without any User consent or prior notice. Any change of ownership shall be provided to the User on the Site.

No Waiver: No action of Clipart.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Clipart.com in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.

Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between Clipart.com and User and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by user, the terms of this Agreement shall govern.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

To file a complaint regarding the Site or to receive further information regarding use of the Service, send a letter to the above address, contact legal@clipart.com via e-mail. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.