The Agreement defines the terms under which buyers obtain rights to use the Works posted on the website patternsbuy.com
Key Terms
Site - a collection of graphic and informational materials, as well as software and databases ensuring their availability on the Internet at patternsbuy.com
Personal Account (Account) - a protected section on the Site containing unique information about the User (Buyer): contact details and purchase history.
Access to the Personal Account is provided through the Site using a login (email address entered during registration) and password.
Buyer (Licensee) - any individual or legal entity (Site User) who has placed an order to purchase a work within and under the terms provided by the Offer.
Works (Design) - graphic design objects, including seamless patterns, vector graphics, and any other digital images created by vector graphics or otherwise, which are subject to copyright.
Copyright Holder - the author, his heir, or any individual or legal entity holding exclusive rights to the Work obtained by law or contract.
1. General Provisions
1.1. Marina Viktorovna Fomicheva, registered as a self-employed individual, hereinafter referred to as the "Licensor", offers to conclude a contract on the terms specified in this Offer.
1.2. The person who concludes the Agreement with the Licensor is hereinafter referred to as the "Licensee", "Buyer". Together and/or separately, the Licensor and Licensee (Buyer) are referred to as the "Party" and/or "Parties";
1.3. The Agreement is considered concluded by acceptance of this offer in the manner provided in Section 2.
2. Procedure for Acceptance of the Public Offer
2.1. A person interested in using the Site materials and purchasing Works registers on the Site.
Acceptance of the offer is recognized at the moment the buyer places an order (selects the Work and clicks the "Checkout" button). From this moment, the contract is considered concluded;
2.2. This Agreement is considered concluded upon full and unconditional acceptance by the Licensee. Consent and unconditional acceptance by the Licensee of the terms of this Agreement means acceptance of the Privacy Policy and Personal Data Processing Policypatternsbuy.com/privacy/
In case of disagreement or non-acceptance of any terms of the Agreement, the Licensee refuses to conclude this Agreement.
3. Subject of the Agreement
3.1. The Licensor undertakes to grant the Licensee the right under a simple license to use its Works posted on the Site, and the Licensee undertakes to pay the Licensor a fee in the manner provided by this Agreement;
3.2. The scope of rights and methods of use of the Works are carried out by the Licensee within the framework of a simple license.
4. Non-exclusive Commercial License
4.1. The Licensee acquires property rights to use the Work on a non-exclusive basis;
4.2. The right to use the Work is granted to the Licensee for 10 (ten) years without territorial restrictions;
4.3. Under the non-exclusive commercial license, the Licensee has the right to:
4.3.1. use the Work for personal and commercial projects;
4.3.2. use the Work on physical end products for sale in multiple projects with production rights for an unlimited number of units (no print run restrictions);
4.3.3. unlimited use of the Work for printing on fabrics, wallpapers, packaging, or any surface material.
4.4. Use of the Work means:
4.4.1. reproduction of the Work;
4.4.2. public display of the Work.
4.5. Under the non-exclusive commercial license, the Licensee is prohibited from:
4.5.1. reselling, sublicensing, distributing, or transferring the original file containing the Work to third parties in any way that allows others to download, extract, or distribute the Work as is or any part thereof;
4.5.2. creating conditions for extracting the Work from the product or content;
4.5.3. using the Work in a way that gives third parties access to it for further use;
4.5.4. using the Work to create an official logo, company name, trademark, or otherwise registering any intellectual property rights on the Works or in relation to them with any government or non-governmental organizations;
4.5.5. using the Work in a manner that infringes intellectual property rights, third-party trademark rights, or causes claims of unfair advertising or competition;
4.5.6. using the Work in a way that competes with the Licensor's activities;
4.5.7. using the Work for illegal purposes prohibited by the legislation;
4.5.8. The Licensee is not entitled to sell, assign, or otherwise alienate the Works as independent objects of rights, except in cases where sales, assignments, or other alienations relate to items that include the Works;
4.5.9. Any other use of the Work not expressly permitted by the license terms is strictly prohibited.
4.6. The Copyright Holder retains copyright to the Work, including exclusive rights, personal non-property rights, and other intellectual rights related to the Work;
4.7. The Copyright Holder and Licensor have the right to use the Work for placement in their portfolio (including on websites, social networks);
4.8. All rights not expressly granted to the Licensee under this Agreement are considered not granted. Any rights arising for the Licensee regarding created derivative Works do not allow use of the Work in ways other than those expressly provided by this Agreement;
4.9. To obtain a license, the Licensee selects the Work on the Site.
4.10. The moment of transfer of rights under the Agreement regarding a specific Work is the moment of payment by the Licensee after selecting the Work. Confirmation of the Licensee's selection is made by clicking the "Checkout" button;
4.11. The Buyer has the right to refuse the placed order in whole or in part at any time before its transfer (before the link to download the Work files is provided);
4.12. Refunds for paid but not received Works are made to the same bank details from which the payment was made to the Licensor. Refunds are made within 7 (seven) banking days from the date of order cancellation.
5. Obligations of the Parties
... 5.1. Obligations and guarantees of the Licensor.
5.1.1. After receiving payment from the Licensee, the Licensor undertakes to provide the Licensee with the opportunity to download the selected Work electronically on the Site in accordance with the Licensee's choice;
5.1.2. The Work is provided to the Licensee after confirmation of the Licensee's selection and payment. The Work is provided by placing a download link on the Site;
5.1.3. The Licensor undertakes to grant the Licensee rights to use the received Work in accordance with the terms of the simple non-exclusive License;
5.1.4. The Licensor guarantees that it is the lawful owner of the rights to the Work provided to the Licensee;
5.1.5. The Licensor guarantees that the author of the Work has duly permitted modifications to the Work, provided such modifications do not affect the honor, dignity, or business reputation of the Licensor as the author of the Work.
5.2. Obligations of the Licensee.
5.2.1. The Licensee undertakes to familiarize themselves with this Agreement and other documents related to the acquisition of rights specified herein;
5.2.2. The Licensee undertakes to fully and unconditionally accept the terms of this Agreement;
5.2.3. The Licensee undertakes to make payment for the right to use the Works in accordance with the terms of this Agreement;
5.2.4. The Licensee undertakes to use the Works only within the scope of acquired rights, without violating or exceeding them;
5.2.5. The Licensee is responsible for maintaining the confidentiality of their Account data (login and password) and must not disclose this information or allow others to use it to access the Site.
The Licensee agrees to take sufficient measures to prevent unauthorized access to their Account data, notify the Licensor of any unauthorized access, and update or revoke access for employees or agents of the Licensee.
The Licensee will bear full responsibility for payment for all images downloaded by others using their Account with or without permission or knowledge until the Licensor is notified of unauthorized use;
5.2.6. The Licensee must review the Acceptance Acts of the Works sent by the Licensor by email within 5 (five) calendar days from the date of sending and send them scanned to the Licensor's email.
All motivated objections are accepted within the specified period; after which, in the absence of objections or signed Acts, the Act is considered signed by the Licensee without claims.
6. Licensor's Remuneration
6.1. For granting rights to the Work under this Agreement, the Licensee undertakes to pay the Licensor remuneration;
6.2. The amount of remuneration is determined according to the corresponding Work's price posted at the time of purchase on the Licensor's Site;
6.3. The Licensee pays the Licensor 100% prepayment. The payment obligation is considered fulfilled upon receipt of the full prepayment amount to the Licensor's account;
6.4. All payments are made by bank transfer to the Licensor's account.
7. Liability of the Parties
7.1. The Parties are liable for the fulfillment of obligations under this Agreement in accordance with the current legislation;
7.2. Except as expressly provided by law, the Licensor is not liable for defects in the Work, its unsuitability for the Licensee's intended purposes, or losses arising from its use;
7.3. The Licensor's total liability under this Agreement is limited to the amount of payments made by the Licensee for the use of the respective Works.
8. Final Provisions
8.1. The Parties agree to use electronic document flow in the execution of this Agreement. Documents signed by analogues of handwritten signatures have legal force.
The analogues of handwritten signatures include the Licensee's login and password to the Site Account, the Licensee's email provided during registration, and the Licensor's email listed in the Contacts section of the Site.
Other agreements/documents may be concluded/signed via fax, email, messengers. Fax and electronic copies signed by authorized persons of both Parties have legal force and may be used as evidence in disputes.
8.2. The Licensor reserves the right to unilaterally amend this Agreement, notifying about upcoming changes by posting a message on the Site.
Such notification must be posted no later than 5 (five) business days before the changes take effect. Changes do not apply to already purchased or prepaid Works and property rights thereto;
8.3. In all other matters not regulated by this Agreement, the Parties are guided by the current legislation;
8.4. All disputes arising during the execution of this Agreement are resolved by negotiation and by sending claims. The claim consideration period is 30 (thirty) calendar days. Unresolved disputes are submitted to court in accordance law;
8.5. Invalidity of any part or clause of this Agreement does not entail invalidity of the Agreement as a whole;
8.6. All questions, comments, and suggestions regarding this Agreement may be sent to the Licensor's email listed in the Contacts section of the Site.
9. Representations and Warranties
9.1. By accepting, the Licensee confirms that:
9.1.1. they are legally capable or an authorized representative of a legal entity;
9.1.2. they have read and agree with the current version of the offer;
9.1.3. they undertake to pay remuneration according to the offer terms;
9.1.4. they have provided accurate information during registration;
9.1.5. they have read the User Agreement and the Privacy Policy and Personal Data Processing Policy;
9.1.6. they consent to the processing of personal data;
9.1.7. they consent to receiving promotional messages via email and SMS to the contacts provided during registration or purchase.
9.2. The Licensee confirms that they have read, understood, and had the opportunity to obtain independent legal advice before agreeing to the terms of this Agreement. The Licensee fully and unconditionally agrees to assume obligations under this Agreement. The Licensee further agrees that this Agreement is the complete and exclusive agreement between the Licensee and Licensor.
10. Licensor's Details
Marina Viktorovna Fomicheva
email:marina@patternsbuy.com
To the image catalog
Key Terms
Site - a collection of graphic and informational materials, as well as software and databases ensuring their availability on the Internet at patternsbuy.com
Personal Account (Account) - a protected section on the Site containing unique information about the User (Buyer): contact details and purchase history.
Access to the Personal Account is provided through the Site using a login (email address entered during registration) and password.
Buyer (Licensee) - any individual or legal entity (Site User) who has placed an order to purchase a work within and under the terms provided by the Offer.
Works (Design) - graphic design objects, including seamless patterns, vector graphics, and any other digital images created by vector graphics or otherwise, which are subject to copyright.
Copyright Holder - the author, his heir, or any individual or legal entity holding exclusive rights to the Work obtained by law or contract.
1. General Provisions
1.1. Marina Viktorovna Fomicheva, registered as a self-employed individual, hereinafter referred to as the "Licensor", offers to conclude a contract on the terms specified in this Offer.
1.2. The person who concludes the Agreement with the Licensor is hereinafter referred to as the "Licensee", "Buyer". Together and/or separately, the Licensor and Licensee (Buyer) are referred to as the "Party" and/or "Parties";
1.3. The Agreement is considered concluded by acceptance of this offer in the manner provided in Section 2.
2. Procedure for Acceptance of the Public Offer
2.1. A person interested in using the Site materials and purchasing Works registers on the Site.
Acceptance of the offer is recognized at the moment the buyer places an order (selects the Work and clicks the "Checkout" button). From this moment, the contract is considered concluded;
2.2. This Agreement is considered concluded upon full and unconditional acceptance by the Licensee. Consent and unconditional acceptance by the Licensee of the terms of this Agreement means acceptance of the Privacy Policy and Personal Data Processing Policypatternsbuy.com/privacy/
In case of disagreement or non-acceptance of any terms of the Agreement, the Licensee refuses to conclude this Agreement.
3. Subject of the Agreement
3.1. The Licensor undertakes to grant the Licensee the right under a simple license to use its Works posted on the Site, and the Licensee undertakes to pay the Licensor a fee in the manner provided by this Agreement;
3.2. The scope of rights and methods of use of the Works are carried out by the Licensee within the framework of a simple license.
4. Non-exclusive Commercial License
4.1. The Licensee acquires property rights to use the Work on a non-exclusive basis;
4.2. The right to use the Work is granted to the Licensee for 10 (ten) years without territorial restrictions;
4.3. Under the non-exclusive commercial license, the Licensee has the right to:
4.3.1. use the Work for personal and commercial projects;
4.3.2. use the Work on physical end products for sale in multiple projects with production rights for an unlimited number of units (no print run restrictions);
4.3.3. unlimited use of the Work for printing on fabrics, wallpapers, packaging, or any surface material.
4.4. Use of the Work means:
4.4.1. reproduction of the Work;
4.4.2. public display of the Work.
4.5. Under the non-exclusive commercial license, the Licensee is prohibited from:
4.5.1. reselling, sublicensing, distributing, or transferring the original file containing the Work to third parties in any way that allows others to download, extract, or distribute the Work as is or any part thereof;
4.5.2. creating conditions for extracting the Work from the product or content;
4.5.3. using the Work in a way that gives third parties access to it for further use;
4.5.4. using the Work to create an official logo, company name, trademark, or otherwise registering any intellectual property rights on the Works or in relation to them with any government or non-governmental organizations;
4.5.5. using the Work in a manner that infringes intellectual property rights, third-party trademark rights, or causes claims of unfair advertising or competition;
4.5.6. using the Work in a way that competes with the Licensor's activities;
4.5.7. using the Work for illegal purposes prohibited by the legislation;
4.5.8. The Licensee is not entitled to sell, assign, or otherwise alienate the Works as independent objects of rights, except in cases where sales, assignments, or other alienations relate to items that include the Works;
4.5.9. Any other use of the Work not expressly permitted by the license terms is strictly prohibited.
4.6. The Copyright Holder retains copyright to the Work, including exclusive rights, personal non-property rights, and other intellectual rights related to the Work;
4.7. The Copyright Holder and Licensor have the right to use the Work for placement in their portfolio (including on websites, social networks);
4.8. All rights not expressly granted to the Licensee under this Agreement are considered not granted. Any rights arising for the Licensee regarding created derivative Works do not allow use of the Work in ways other than those expressly provided by this Agreement;
4.9. To obtain a license, the Licensee selects the Work on the Site.
4.10. The moment of transfer of rights under the Agreement regarding a specific Work is the moment of payment by the Licensee after selecting the Work. Confirmation of the Licensee's selection is made by clicking the "Checkout" button;
4.11. The Buyer has the right to refuse the placed order in whole or in part at any time before its transfer (before the link to download the Work files is provided);
4.12. Refunds for paid but not received Works are made to the same bank details from which the payment was made to the Licensor. Refunds are made within 7 (seven) banking days from the date of order cancellation.
5. Obligations of the Parties
... 5.1. Obligations and guarantees of the Licensor.
5.1.1. After receiving payment from the Licensee, the Licensor undertakes to provide the Licensee with the opportunity to download the selected Work electronically on the Site in accordance with the Licensee's choice;
5.1.2. The Work is provided to the Licensee after confirmation of the Licensee's selection and payment. The Work is provided by placing a download link on the Site;
5.1.3. The Licensor undertakes to grant the Licensee rights to use the received Work in accordance with the terms of the simple non-exclusive License;
5.1.4. The Licensor guarantees that it is the lawful owner of the rights to the Work provided to the Licensee;
5.1.5. The Licensor guarantees that the author of the Work has duly permitted modifications to the Work, provided such modifications do not affect the honor, dignity, or business reputation of the Licensor as the author of the Work.
5.2. Obligations of the Licensee.
5.2.1. The Licensee undertakes to familiarize themselves with this Agreement and other documents related to the acquisition of rights specified herein;
5.2.2. The Licensee undertakes to fully and unconditionally accept the terms of this Agreement;
5.2.3. The Licensee undertakes to make payment for the right to use the Works in accordance with the terms of this Agreement;
5.2.4. The Licensee undertakes to use the Works only within the scope of acquired rights, without violating or exceeding them;
5.2.5. The Licensee is responsible for maintaining the confidentiality of their Account data (login and password) and must not disclose this information or allow others to use it to access the Site.
The Licensee agrees to take sufficient measures to prevent unauthorized access to their Account data, notify the Licensor of any unauthorized access, and update or revoke access for employees or agents of the Licensee.
The Licensee will bear full responsibility for payment for all images downloaded by others using their Account with or without permission or knowledge until the Licensor is notified of unauthorized use;
5.2.6. The Licensee must review the Acceptance Acts of the Works sent by the Licensor by email within 5 (five) calendar days from the date of sending and send them scanned to the Licensor's email.
All motivated objections are accepted within the specified period; after which, in the absence of objections or signed Acts, the Act is considered signed by the Licensee without claims.
6. Licensor's Remuneration
6.1. For granting rights to the Work under this Agreement, the Licensee undertakes to pay the Licensor remuneration;
6.2. The amount of remuneration is determined according to the corresponding Work's price posted at the time of purchase on the Licensor's Site;
6.3. The Licensee pays the Licensor 100% prepayment. The payment obligation is considered fulfilled upon receipt of the full prepayment amount to the Licensor's account;
6.4. All payments are made by bank transfer to the Licensor's account.
7. Liability of the Parties
7.1. The Parties are liable for the fulfillment of obligations under this Agreement in accordance with the current legislation;
7.2. Except as expressly provided by law, the Licensor is not liable for defects in the Work, its unsuitability for the Licensee's intended purposes, or losses arising from its use;
7.3. The Licensor's total liability under this Agreement is limited to the amount of payments made by the Licensee for the use of the respective Works.
8. Final Provisions
8.1. The Parties agree to use electronic document flow in the execution of this Agreement. Documents signed by analogues of handwritten signatures have legal force.
The analogues of handwritten signatures include the Licensee's login and password to the Site Account, the Licensee's email provided during registration, and the Licensor's email listed in the Contacts section of the Site.
Other agreements/documents may be concluded/signed via fax, email, messengers. Fax and electronic copies signed by authorized persons of both Parties have legal force and may be used as evidence in disputes.
8.2. The Licensor reserves the right to unilaterally amend this Agreement, notifying about upcoming changes by posting a message on the Site.
Such notification must be posted no later than 5 (five) business days before the changes take effect. Changes do not apply to already purchased or prepaid Works and property rights thereto;
8.3. In all other matters not regulated by this Agreement, the Parties are guided by the current legislation;
8.4. All disputes arising during the execution of this Agreement are resolved by negotiation and by sending claims. The claim consideration period is 30 (thirty) calendar days. Unresolved disputes are submitted to court in accordance law;
8.5. Invalidity of any part or clause of this Agreement does not entail invalidity of the Agreement as a whole;
8.6. All questions, comments, and suggestions regarding this Agreement may be sent to the Licensor's email listed in the Contacts section of the Site.
9. Representations and Warranties
9.1. By accepting, the Licensee confirms that:
9.1.1. they are legally capable or an authorized representative of a legal entity;
9.1.2. they have read and agree with the current version of the offer;
9.1.3. they undertake to pay remuneration according to the offer terms;
9.1.4. they have provided accurate information during registration;
9.1.5. they have read the User Agreement and the Privacy Policy and Personal Data Processing Policy;
9.1.6. they consent to the processing of personal data;
9.1.7. they consent to receiving promotional messages via email and SMS to the contacts provided during registration or purchase.
9.2. The Licensee confirms that they have read, understood, and had the opportunity to obtain independent legal advice before agreeing to the terms of this Agreement. The Licensee fully and unconditionally agrees to assume obligations under this Agreement. The Licensee further agrees that this Agreement is the complete and exclusive agreement between the Licensee and Licensor.
10. Licensor's Details
Marina Viktorovna Fomicheva
email:marina@patternsbuy.com
