1900s vintage 1970s retro Abstract Activewear Animals Arts craft Birds Blurs
Border Bouquet Bush Camouflage Checks Conversational Ditsy floral Dots
Drawn style Eastern Electricity Ethnic Floral Geometric Giftware Hand marks
Home-interiors Ikat Insects Kids wear Mens wear Monotone Mosaic Nature
Painterly style Paisleys Patchworks Placement Plaid Pop art Print noprint S: F/Winter
S: Holiday S: Resort S: S/Summer S: Transition Skins Scarf style Streetwear Stripes
Swimwear Texture Traditional Tribal Tropical Under world Wall art decor Womenswear
 

Terms and conditions

Terms and conditions


Terms, Conditions and Copyright

Effective Sep 2015

This Terms and Conditions document (the Agreement) is a legal contract between the client organization or individual (Client) identified in a ATELIERBRUSH purchase digital design format that governs your use of (a) ATELIERBRUSH’s online services available at the websites for which access has been purchased pursuant to the Purchase Product. Your acceptance of the Purchase Digital Design constitutes an application to use the Services pursuant to the terms of this Agreement, and by clicking the “Register” button, accessing or using the Services, you confirm your agreement to be bound hereby. To the extent there is any conflict between this Agreement and the terms and conditions of use posted on either Site, this Agreement shall take precedence.

Use of Services

(a) ATELIERBRUSH grants you a, non-transferable, limited right to use of the design, provided that you fully comply with the terms and conditions of this Agreement.

(b) You agree that all you will use design that you access through use of the Services, only in accordance with the terms and conditions of this Agreement.

(c) Certain areas of the Sites may only be open to you if you are a full subscriber or will only be available for a limited period of time. Any time limit applying to your access and use of the Sites will be set out in the ATELIERBRUSH Support Dept.

(d) Certain Content that we license from third parties may be subject to additional guidelines or rules that will be clearly posted on the Sites. You are also subject to any such guidelines and rules.


(e) The Content is protected by copyrights, and other intellectual property rights owned by ATELIERBRUSH or its Content providers. You are only allowed to re-produce the design only if you download with your brush points. You can re-design and manipulate of the original download design.

(f) You agree not to use the Services for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including the Privacy and Electronic Communications Regulations 2003 or other regulations regarding unsolicited email marketing.

(g) You agree not to resell of the original design digital format to any one. It can be re-produced but not allowed to resell of the original digital format in any markets.

(h) The Client agrees to take necessary measures to procure and ensure the compliance by its Authorized Users with the terms and conditions set forth in this Agreement governing the use of the Services.


Registration

(a) The Client warrants that the information the Client has given in the site is accurate and complete.

(b) To use the Sites, you must register and provide ATELIERBRUSH with accurate and complete registration information.

(c) It is your responsibility to update your registration data and promptly inform ATELIERBRUSH of any changes to your information.

(d) As part of the registration process, ATELIERBRUSH shall assign to the Client or, at the discretion of ATELIERBRUSH, shall allow the Client to select, a user name and password. Each registration is for a single user only.

(e) ATELIERBRUSH does not permit any sharing by more than one person of a user name and password or access to the Sites through a single name being made available to multiple users on a network.

(f) You agree that you will not allow others to use your user name and password and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify ATELIERBRUSH immediately of any unauthorized use of your user name and password.


Fees

(a) You agree to pay to ATELIERBRUSH, the non-refundable pro membership fee for full access to the site.

(b) For subscription services, you acknowledge and agree that your brush point will be expired as your pro membership expire. Expired brush point cannot be reused.

(c) All payment transactions for pro membership subscription and purchasing brush points are done by PayPal. ATELIERBRUSH never keep any payment informations in the site.


Usage of content

ATELIERBRUSH hereby grants you a non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download and print such Content and create derivative works of fashion patterns, prints, included within the content and use such works and your derivative works thereof on or in your products that provided.

(a) Clearly marked “downloadable”, you can instantly download and download key will be also emailed to you. The download key will be expired in 24 hours. The following are strictly forbidden and represent a breach of this Agreement, unless prior written consent is obtained from ATELIERBRUSH or the relevant third party Content provider:

(i) Incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;

(ii) Incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;

(iii) Resale of its original digital condition;

(iv) Distribution of Content to parties outside of the Client organization. However, you may provide designs to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only.

(v) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, furnished or in any manner provided to a third party.


(b) ATELIERBRUSH may provide news e-mail service or other prompts to new Content. Your use of the Content received through the e-mail news service will be subject to the terms and conditions of this Agreement.

(c) Any use of the Services other than as specifically permitted above is prohibited.


Disclaimers

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND ATELIERBRUSH. IF YOU WISH TO BECOME PRO MEMBERSHIP SUBSCRIVER AND ORDER YOUR CHOSEN DESIGN FROM ATELIERBRUSH.COM YOU MUST INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE ‘REGISTER’ BUTTON AS YOU BECOME A MEMBER OF THE SITE. ATELIERBRUSH WILL BE DEEMED TO HAVE ENTERED INTO THIS AGREEMENT WITH YOU ONCE YOU HAVE CLICKED ‘REGISTER’. REGISTERING ATELIERBRUSH.COM IS FREE AND AGREES TO THE TERMS OF THE AGREEMENT.


Limitations of liability

(a) ATELIERBRUSH will not be liable to you in any manner whatsoever for any consequences of any delay or interruption in the delivery or updating of the Sites. Furthermore, ATELIERBRUSH shall not liable to you for any failure or delay in performing its obligations as a result of an event outside of the reasonable control of ATELIERBRUSH, its sub-contractors or suppliers (as applicable) (a Force Majeure Event).

(b) The Sites may contain advertising or sponsorships from time to time. ATELIERBRUSH is not responsible for the material provided by such advertisers and sponsors. Further, ATELIERBRUSH provides no assurances that it will not take advertisements or sponsorships from competitors of Client. Your correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by such advertisers or sponsors are solely between you and such third party.

(c) NEITHER ATELIERBRUSH NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE SERVICES, INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES (BUT IS NOT LIMITED TO) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT ATELIERBRUSH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL ATELIERBRUSH’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT INCLUDING THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO ATELIERBRUSH DURING THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION ARISE.


Modifications to terms and conditions

(a) ATELIERBRUSH reserves the right to modify the terms and conditions of this Agreement (including those relating to your use of the Content). Any modification is effective 30 days after upon posting to the Sites or immediately upon distribution to Client via e-mail or conventional mail.

(b) Your continued use of the Services following the effective date of notice of any modification(s) to this Agreement shall be deemed an acceptance of all such modifications.

(c) Notwithstanding the foregoing, any modifications that have a material negative impact on you, other than modifications imposed on us by Content providers, shall not be effective until the end of the term of the then-current Purchase Document.


Term of agreement; termination

(a) This Agreement shall commence on the date on which ATELIERBRUSH accepts your application to use the Services and from which date the Client and Authorized Users shall have access to the Services. The Agreement shall continue:

(i) in respect of a subscription, for the period set forth in the Purchase Document (Initial Term) and thereafter shall continue for further periods equal to the Initial Term on each anniversary of the start of your subscription unless terminated by you on providing 90 days’ prior written notice to ATELIERBRUSH; and

(ii) in respect of Consulting Services, until completion of the Consulting Services.

If ATELIERBRUSH in its sole discretion permits you to continue to use the Sites following expiration of the Purchase Document or a renewal period, the terms and conditions of this Agreement shall continue to apply in respect of such use.

(b) Notwithstanding the above, ATELIERBRUSH may terminate this Agreement or suspend your account at any time in the event that you have materially breached (or ATELIERBRUSH reasonably suspects that you have materially breached) any provision of this Agreement. At ATELIERBRUSH’s option, termination shall be effective after a reasonable cure period.

(c) If ATELIERBRUSH terminates this Agreement, or suspends your account for any of the reasons set forth above, ATELIERBRUSH will not refund any amounts that you have previously paid. Further, you shall remain liable for any amounts owed to ATELIERBRUSH pursuant to the then-current Purchase Document.

(d) Upon any expiration or termination of this Agreement, all rights and licenses granted herein shall terminate, except that you may continue to manufacture and sell products that incorporate Content and that were designed prior to such expiration or termination.

(e) These remedies are in addition to any other remedies that ATELIERBRUSH may have at law or in equity.


Privacy policy

Please review our Privacy Policy posted on the Sites to understand our practices. You agree that the Privacy Policy is incorporated in this Agreement.


Copyright compliance

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Sites infringes your copyrights, you may submit a notification by providing ATELIERBRUSH with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works at the Sites;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ATELIERBRUSH to locate the material;

(iv) Information reasonably sufficient to permit ATELIERBRUSH to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of these requirements, your notice may not be valid.


Terms of Copyright

Fashion pattern print designs in the site are copy righted and you can use the design for your use with your brush point purchasing.

textile design copyrighted


* For any exclusive licensing purchase, please contact us.