This Agreement is the determining factor on the issues of application of the Site www.SimpleClipart.com (hereinafter referred to as the Site, SimpleClipart, Website). The information about the rights and royalty-free license for application of the materials is contained in the Standard and Extended licensing agreements.
This Site is controlled, operated and owned by Kava Images Content s.r.o. The access to the information and the features of the Site is provided to the User if he/she accepts the current Terms and Conditions and agrees with them. The fact that the User applies this Site implies acceptance of these Terms and Conditions. If the User does not agree with current regulations or other use of this resource he/she should leave the Site.
The User has no right or possibility to intervene in the organization of security of the Site or otherwise similarly wrongfully use the Site or other system resources, networks and services that are available or can be linked to this site. The User agrees to use the Site only to the extent permitted by the law.
1. Intellectual property
All the submitted materials at the Site, including the system of organization and presentation are the property of SimpleClipart and are protected by laws and regulations on intellectual property, including, but not being limited, to copyright law and other similar laws.
In the case of absence of the agreement with SimpleClipart (such as the Standard license agreement), unspecified ways to use materials at the Site without the express written permission is prohibited by SimpleClipart.
The materials provided at the Site may be copied and subsequently used solely for personal use of the User for non-profit or educational purposes. It is also understood that in any case it is forbidden to modify the materials, in particular, to remove or obscure any copyright notices or other forms of fixing the fact of intellectual property. The User has no right to create derivative works based on the materials available at the Site, or use them in other ways.
3. Updating the Site
SimpleClipart provides regular updates of technical, content and other information at the Site. However, SimpleClipart undertakes no obligation to guarantee the completeness, accuracy and consistency provided at the site. SimpleClipart has the ability to add, view or delete the information, resources, services, contained at the Site. SimpleClipart also reserves the right to make changes to the Site without prior notice of the actual or potential visitors and customers.
4. Links to Other Sites
The Site pages may contain links to websites of third parties. Such links are provided solely for the User’s convenience, but their presence does not mean that they are recommended by the administration of SimpleClipart. Also SimpleClipart does not guarantee their security and compliance with the User's expectations. SimpleClipart has no obligation in the event of any damage or loss which directly or indirectly resulted from the use of services, information, or the very fact of visiting of such Sites and resources.
5. Software and computer viruses
Due to the fact that during work with the Site there can be certain fails connected with the organization of Internet connection, software, data transfer and other things, there are situations that lead to incorrect or incomplete copying of the information contained at this site. Similarly, the Site pages may have malicious code or software products infected with computer viruses.
SimpleClipart is not responsible and disclaims any liability associated with operation of any computer software, presence of any computer viruses or other elements with malicious code, presence of destructive or harmful files that could have spread or otherwise have affected the software and hardware as a result of viewing of the Site, account access to the information or downloading any material from the Site by the User. SimpleClipart strongly recommends using antivirus software or other security programs while working with external websites.
6. Format for information submissions
The Site contents and the Site itself are available to be viewed and used without any personal intervention on behalf of the Site owners (except for pre-moderation), conditions and warranties of any kind, implied or explicit. These guarantees include the conditions and obligations of merchantability of the material. SimpleClipart does not guarantee that the contents of the Site, its functioning or that the Site in general will meet the expectations and requirements of the User, and also that its application will be carried out without any errors or will not be interrupted for any reason.
7. Limitation of Liabilities
The User confirms that he/she understands and accepts the responsibility and risk which follow from any kind of the Site use, including, without limitation, any information or other materials available at the Site.
SimpleClipart, as well as its employees, management, partners, agents are not responsible for the malfunction of any kind or discontinuance of the Site which caused loss of business information, profits or which caused other financial damages in connection with the claims of any kind, losses, motions, actions or other events that arose in connection with the action of these Terms and Conditions, as well as outside its jurisdiction, including, without limitation, site navigation, usage, access to any materials or parts thereof, as well as any rights, including rendering guarantees even if SimpleClipart was warned about the theoretical possibility of such damage, regardless of whether the event that occurred and the caused damage was due to abuse of the intellectual or other property or based on violation, negligence, contractual obligations or other similar cases and situations.
The total aggregate liability of SimpleClipart in accordance with the use of the Site in whole or in part or of the materials located at the Site will not exceed $ 5.00 U.S. in cash.
8. Reimbursement of losses
Agreeing with the provisions of the present Agreement, the User thereby confirms his/her readiness to pay the damages or payment obligations to SimpleClipart which occurred as a result of violations of any of these above-mentioned clauses of Terms and Conditions made by the User or by other persons acting on his/her behalf.
9. The procedure for notice and filing the claim of violation
SimpleClipart shows respect for intellectual property and encourages others to follow the same conditions. If the User is sure and confirms that the object of his/her intellectual property has been copied and used in violation of his/her rights or if the rights of the same user for intellectual property have been violated otherwise he/she should turn to SimpleClipart with written submissions, including the following information:
- physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property under discussion;
- description of the operation or any other form of intellectual property owned by the single owner, the rights to which, according to the User, have been violated;
- description of the Site location where this information was located;
- the User’s e-mail address, phone number and physical address;
- the User’s application confirming availability of grounded assumption that the use which was the subject of the proceedings was not permitted by the law or by the copyright owner;
- the application made by the appropriate affidavit that the information provided by the User is accurate, correct and that the author of the statement is represented by the person who is authorized to act on behalf of the copyright owner or is its direct owner.
The letter which includes all listed items should be addressed to the General Director and sent using the Contact form or by e-mail to the address of Customer Support.
10. Applicable law
The Site is controlled and monitored by Kava Images Content s.r.o. (SimpleClipart), the Czech Republic. The Site is available for use anywhere in the world. Since all the regulatory databases of countries have their own laws and regulations that may differ from the laws of the Czech Republic, while implementing the access to the Site the User agrees that these Terms are determined by the laws of the Czech Republic which can be applied in these situations.
11. General Provisions
On all the matters relating to the paragraphs of this document the User may consult with SimpleClipart using the contact information listed in the section "Contact Us".