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Terms and Conditions

General Terms

Licensing & Subscriptions

Terms of use

On December 2016 VectorOpenStock has become Vexels. Since then all VectorOpenStock copyrights belong to Vexels. All licenses aquired to VectorOpenStock from 2009 to 2016 are still valid. It is then desirable but not mandatory to change attribution links to 'Vexels.com'. It is just a change of domain, the owners and team behind remind the same. Enjoy our new features!

1. General

1.1. These Terms of Use (the “Terms”) for the website https://www.vexels.com (the “Website”) constitute a legal agreement between the user (“you”, “your”, and “user”) of the Website and Dugson Digital SRL (the “Company”, “Vexels”, “we”, “us”, and “our”). The Website is owned and operated by the Company.

1.2 By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to one or more provision of the Terms, please do not use the Website.

2. About the Website

2.1 The Website is a graphic design stock and online editing platform allowing users to purchase and customize graphic resources (collectively the “Graphics” and individually the “Graphic”).

2.2 You can login into the Website not only by creating a user account directly on the Website, but also by using your Facebook and Google accounts.

3. Company’s Content

3.1 Images, text, and other materials (the “Company’s Content”) published on the Website are owned by the Company and its partners.

3.2 WITHOUT AN APPROPRIATE LICENSE, THE COMPANY’S CONTENT CANNOT BE COPIED, MODIFIED, DEEP LINKED TO, OR OTHERWISE REDISTRIBUTED IN ANY MANNER. WE RESERVE THE RIGHT TO START A CROSS-BORDER LEGAL ACTION AGAINST ANY THIRD PARTY THAT DOES NOT COMPLY WITH THE RESTRICTIONS STATED IN THIS SECTION 3.2.

3.3 We put reasonable efforts to correctly tag and describe all Company’s Content. However, we do not warrant the accuracy of Company’s Content.

4. Use of the Website

4.1 You acknowledge that your use of the Website or any related services is at your own risk.

4.1 You represent and warrant that you will use the Website only in accordance with these Terms.

4.3 You agree not to use the Website and the Graphics in any way that:
• violates any applicable laws;

• spreads malware;

• is ethnically, racially, or otherwise objectionable;

• is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;

• interferes with the normal operation of the Website;

• uses bots and other automated methods.

4.4 You acknowledge and agree with the following statements:

• Downloading the Graphics does not transfer the copyright to you, but merely provides you with a license to use the Graphics, subject to the purposes, terms, and limitations stated in the Licenses & Subscriptions document available at. You disclaim any ownership in the Graphics.

• Some of the Graphics feature well-known brands, trademarks, logos, public personalities, and celebrities. Such Graphics can be used only for editorial purposes or if you are an authorized reseller. We make reasonable efforts to ensure the proper identification of such Graphics. However, Vexels does not warrant the identification or lack of identification of any Graphics that is intended exclusively for editorial and educational use. Vexels shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate identification of the Graphics that is intended exclusively for editorial and educational use.

• Some of the Graphics available on the Website are created and uploaded by third party contributors (the “Third Party Graphics”). The copyright for the Third Party Graphics belongs to their original authors. Vexels clearly distinguishes the Third Party Graphics by placing an author’s name (other than Vexels) on the Third Party Graphics. The terms of use for the Third Party Graphics shall be negotiated directly with the authors of the Third Party Graphics.

• If the Graphics do not have obvious proprietary markings that indicate an exclusive owner, the Company cannot be deemed to have actual knowledge that the Graphics infringe any third party’s rights.

• Vexels reserves the right to decide and act upon any case that is not comprehended over the Terms at its sole discretion.

• You are solely responsible for the use of the Graphics in combination with any other material.

• You are not allowed to sublicense, resell, redistribute or rent the Graphics.

5. Modification of the Graphics

5.1 You are allowed to: (1) manipulate and modify the Graphics and (2) include the Graphics in composites to achieve a desired effect.

5.2 The ownership of the copyright of such modified Graphics remains with Vexels and may not be assumed by any other person if the original Graphics is still identifiable in part or in whole.

5.3 You are not allowed to sell or redistribute the Graphics where the original graphic file is provided in the compilation as a primary component, unless the use of such Graphics is specifically granted under terms of the Individual Licenses and the Subscriptions purchased by you.

5.4 The modified Graphics that are so thoroughly incorporated that they are not reasonably identifiable are not subject to the restrictions stated in this Section 5.

6. Notification of copyright infringement

6.1 We make significant efforts to ensure the safety and legality of the Graphics.

6.2 If you believe that any of the Graphics published on the Website infringe your intellectual property rights, you can send us a notice by using the contact details mentioned in Section 17. In the notice, please include: (i) a description of the copyrighted work(s) that you claim has been infringed; (ii) identification of what material is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Website; and (iv) information sufficient to permit the Company to contact you.

6.3 Vexels reserves the right, under its sole discretion, to examine the materials indicated in your notice and decide if the materials infringe your copyright.

6.4 If Vexels finds out that there is a copyright infringement, the allegedly infringing materials will be immediately removed from the Website.

7. Registration of user accounts

7.1 In order to purchase Individual Licenses or Subscriptions, you are required to create a user account on the Website (the “Account”).

7.2 Your Account is not transferrable.

7.3 You agree to update your user account as soon as any changes in your contact information occur to ensure that your user account is up-to-date.

8. Termination of user accounts

8.1 You may request termination of your user account at any time, for any reason.

8.2 In order to terminate your user account, please follow the instructions on the user account interface on the Website or contact the Company by writing an email to info(at)vexels(dot)com.

8.3 Upon the termination of your user account, the Graphics will remain licensed under the terms of the Individual Licenses or the Subscriptions purchased by you.

8.4 Contributors are entitled to change the title, tags, category, and the description of a graphic.

9. Privacy

9.1 You hereby agree and acknowledge that the Company may collect and process some personal data through the Website. If you would like to know more about how we collect and process personal data, please read our Privacy Policy available at https://www.vexels.com/privacy-policy/.

10. Availability

10.1 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website will be always available, because the availability of the Website may be affected by factors, which we cannot control. We do not accept any responsibility for the unavailability of the Website caused by such factors.

11. Disclaimer of warranties

11.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE PROVIDE THE WEBSITE AND THE GRAPHICS ON “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE GRAPHICS. WE HEREBY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE, ITS OPERATION, AND THE GRAPHICS.

12. Limitation of liability

12.1 UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THE WEBSITE AND THE GRAPHICS.

13. Indemnification

13.1 You indemnify and agree to defend the Company and its officers against any claims which the Company may incur or suffer as a result of your access and use of the Website and the Graphics.

14. Links

14.1 The Website may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.

15. Governing Law

15.1 The Terms shall be governed by the laws of Uruguay.
15.2 You irrevocably consent to the exclusive jurisdiction and venue of the courts in Uruguay for all disputes arising out of or relating to these Terms.

16. Customer support

16.1 Please feel free to submit your support query to us. You can do this by:
• sending an email to support(at)vexels(dot)com ;

• calling us at +1 650 4526034

• or using the “Contact Us” form available on the Website.

17. Amendments

17.1 The Company reserves the right to modify or amend these Terms from time to time by: (i) sending you an email or a message through your user account on the Website; and (ii) posting an amended version of the Terms on the Website. If you continue using the Website following the notification sent by the Company and posting the changes to the Terms on the Website, you declare that you accept those changes.

17.2 The Company reserves the right to update and change the pricing structure as needed without a prior notice. In case the changing of the pricing structure affects the recurring fees paid by you in relation to your Subscriptions for the Graphics, the Company will: (i) notify you in detail about such changes at least 30 days in advance by sending you an email or a notice through your user account on the Website and (ii) seek your explicit consent.

18. Amendments

18.1 These Terms were last amended on 29th of November 2017.

LICENSING & SUBSCRIPTIONS


This licensing and subscriptions agreement (the “Agreement”) concluded by Dugson Digital SRL (“Vexels”, “us”, and “our”) and an individual user (the “user”, “you”, and “your”) of the website https://www.vexels.com (the “Website”) governs the use of graphic resources obtained through the Website (collectively the “Graphics” and individually the “Graphic”).

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.


1. WHAT TYPES OF LICENSES AND SUBSCRIPTIONS DOES VEXELS OFFER?

1.1 Vexels offers different license modalities that apply to your use of the Graphics. When purchasing the Graphics, the users can opt for two types of licensing modalities, namely, the individual licenses that apply to every Vexels Graphic published on the Website (the “Individual Licenses”) and monthly or annual subscriptions plans for downloading Graphics (the “Subscriptions”).

1.2 Individual Licenses. Vexels offers two types of Individual Licenses, namely, (i) the Standard License and (ii) the Extended License. The Standard License is a basic license that applies to a single Vexels Graphic purchased on the Website. The Extended License is a wider-scope license that provides users with additional rights.

1.3 Subscriptions. There are two types of Subscriptions offered by Vexels, namely, (i) the Pro Subscription and (ii) the Extended Subscription. Each type of Subscription has certain limits and restrictions that depend on your intended use of the Graphics.

1.4 The Individual Licenses and the Subscriptions are only applicable to the Graphics that are created, owned, and distributed by Vexels. Vexels Graphics are those that indicate “by Vexels” under the image preview. The Graphics that are created by third party authors do not fall within the scope of the Individual Licenses and the Subscriptions.


2. FOR WHAT PURPOSES CAN GRAPHICS BE USED?

2.1 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 2 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 2, please contact Vexels by using the contact details indicted in Section 4 of this Agreement in advance for obtaining our prior consent.

2.2 Advertising Use. The Advertising Use refers to the use of the Graphics aimed at promoting a company, brand, event 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 2.3).

2.3 Consumer Merchandise Use. The Consumer Merchandise Use refers to the use of the Graphics on physical products for sale, including, but not limited to, mugs, greeting cards, t-shirts, calendars, puzzles, posters, and artworks. The Graphics can be utilized for the Consumer Merchandise Use only if paid Individual Licenses or Subscriptions are obtained and the limitations granted by the Individual Licenses and the Subscriptions are respected.

2.4 Template Use. The Template Use refers to the use of the Graphics on digital and electronic templates intended for resale online or on CD/DVD catalogs, 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. You can not 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 Vexels.

2.5 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 a paid Individual Licenses or Subscriptions are obtained.

2.6 Logos & Corporate Identity Use. The Logos & Corporate Identity Use refers to the use of the Graphics that is intended for creation of a logo as a 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.

2.7 Editorial Use. The Editorial Use refers to physical or digital publications that are intended for using only in relation to events that are newsworthy or of general interest to public, including, but not limited to, books, e-books, textbooks, magazines, newspapers, guides, and blogs.


3. SUBSCRIPTIONS AND INDIVIDUAL LICENSES: LIMITS AND REGULATIONS

3.1 Each type of the Individual Licenses and the Subscriptions offered by Vexels have different limits and regulations that depend on the intended use of the Graphics.

3.2 The table below provides an overview of the limits and regulations applicable to each type of use of the Graphics in relation to the types of the Individual Licenses and Subscriptions available through the Website.

USE

INDIVIDUAL LICENSES

SUBSCRIPTIONS

Standard License

Extended License

Pro Subscription

Extended Subscription

Advertising

10,000 prints

200,000 prints

10,000 prints per Graphic

200,000 prints per Graphic

Merchandise

200 prints, lifetime

5,000 prints, lifetime

200 prints per Graphic during the subscription period

5,000 prints per Graphic during the subscription period

Templates

200 sales

5,000 sales

200 prints per Graphic during the subscription period

5,000 prints per Graphic during the subscription period

Downloads

N/A

N/A

30 per day, up to 200 per month

300 per day, up to 2,000 per month

Users per Account

N/A

N/A

A single user

Up to 15 users


3.3 Individual Licenses

3.3.1 Vexels offers two types of Individual Licenses, namely, the Standard License and the Extended License. The Individual Licenses grant you the right to use a single and specific Graphic downloaded through the Website. Under the Individual Licenses, Vexels grants you a non-transferable, non-exclusive and non-sublicensable right to use the Graphics. The Individual Licenses are not subject to an expiration term. The Individual Licenses do not require you to attribute Vexels.

3.3.2 Standard License. The Standard License allows you to use the Graphics for the purposes of all six types of uses listed below without giving a specific attribution to Vexels. The Standard License is not subject to an expiration term. The payment for the Standard License is charged by Vexels per Graphic to be licensed under the Standard License. Permitted uses and coverage for the Standard License:

3.3.3 Extended License. The Extended License allows a larger number of prints/runs/copies of the item of the Graphics than the Standard License. The Extended License is not subject to an expiration term. The payment for the Extended License is charged one time for each Graphic licensed under the Extended License. Permitted uses and coverage for the Extended License:


3.4 Subscriptions

3.4.1 Vexels offers two types of subscriptions: the Pro Subscription and the Extended Subscription. The payments for the Subscriptions are charged by Vexels on monthly or annual basis, depending on your preference. The Subscriptions offer the following benefits:

3.4.2 Registration of the Account. In order to sign up for the Subscriptions, you are required to create an account on the Website (the “Account”).

3.4.3 Cancellation of the Subscription. The Subscriptions can be cancelled at any time. Upon cancellation of the Subscriptions, the Graphics will remain licensed under the terms applicable to the type of the Subscriptions chosen by you. The users can opt for a refund only if the cancellation of the Subscriptions is requested within 15 days commencing on the date of signing up for the chosen type of the Subscriptions. The user must have downloaded less than 30 graphics in that time period. If the Subscriptions are cancelled within such a time period of 15 days, the Graphics downloaded by the user will be erased from the Account and become unavailable.

3.4.4 Subscriptions for the Consumer Merchandise Use. In order to utilize the Graphics for the Consumer Merchandise Use, the users are required to have an active Subscription. In case a user would like to cancel the Subscriptions but prefers to keep using a specific Graphic, the user can purchase Individual Licenses that allow the Consumer Merchandise Use for the specific Graphic.

3.4.5 Pro Subscription. The Pro Subscription is intended for use in small-scale businesses, such as small merchandise sellers, small marketing and advertising agencies, graphic designers, freelancers, and other similar organizations. Each Pro Subscription can be utilized by 1 registered user only. The Pro Subscription allows users to download up to 30 Graphics per day. The total monthly limit applicable to Pro Subscriptions is 200 Graphics per month. Each Graphic download generates a license certificate that is accessible through the Account. Permitted uses and coverage for the Pro Subscription:

3.4.6 Extended Subscription. The Extended Subscription is intended for use in medium-to-large-scale businesses, such as large merchandise sellers, medium to large marketing and advertising agencies, and other similar organizations. The Extended Subscription can be used by up to 15 users affiliated to one company or organization. The Extended Subscription allows the users to download up to 300 Graphics per day. The total monthly limit applicable to the Extended Subscription is 2,000 Graphics per month. Each Graphic download generates a License Certificate that is accessible through the Account. Permitted uses and coverage for the Extended Subscription:

3.5 Customized plans. If your requirements exceed the above described Individual Licenses and Subscriptions, please contact Vexels support for a custom plan that meets your particular business needs by writing to: info(at)vexels(dot)com or using the contact details indicated in Section 4 of this Agreement.

3.6 On-Demand Products. The Individual Licenses and the 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 Etsy, Zazzle, CafePress, and Amazon Merch. Permitted uses and coverage for the On-Demand Products:

3.7 Who can use the Graphics? Vexels grants you a non-transferable, non-exclusive and non-sublicensable license to use the Graphics. The license to use the Graphics cannot be transferred or sublicensed to any third parties, except for users’ employers, customers, or subcontractors. If the Individual Licenses or the 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 as stated in this Agreement. Users’ subcontractors, including, but not limited to, publishers, printers and mailing houses, are allowed to use the Graphics under the Individual Licenses and the Subscriptions for the sole purpose of distributing the project for which the Graphics was downloaded.

3.8 Prohibited uses of the Graphics

3.8.1 The Graphics distributed by Vexels 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.

3.8.2 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. Vexels considers the publishing of such editable source files of the Graphics redistribution and strictly prohibits such practices.

3.8.3 In case of your failure to comply with any provisions of this Agreement, Vexels reserves the right to immediately revoke all Individual 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.

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

3.9 Prices and Payments

3.9.1 The prices of the Individual 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://www.vexels.com/plans. The Prices are in United States Dollars (USD) and include all applicable taxes.

3.9.2 The Prices are subject to change. In case Subscription Prices change, Vexels will notify you in detail about such changes at least 30 days in advance by sending an email or a notice through the Website.

3.9.3 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 Vexels to charge the designated Payment Method for the total amount of the purchase.

3.9.4 The fees for the Subscriptions are charged on monthly or annual basis, depending on your preferences. By purchasing a Subscription, you authorize Vexels to subsequently charge a recurring monthly fee until the Subscription is canceled or expired.

3.9.5 By purchasing the Individual 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.

3.10 Free use

Vexels provides the users of the Website with a possibility to utilize most 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 3.10.

The Graphics available for Free on the Website are prohibited from being used for the purposes of (i) Template Use and (ii) Merchandise Use, where the Graphics is the main reason for purchasing a product (e.g., on templates, t-shirts, mugs, packaging, labels, and calendars). You can not use Free Graphics without attribution. If you would like to use the Graphics for Free, you are required to meet the below-mentioned attribution requirements.


Use of the Graphics

Requirements

Personal Use

Credit us by stating: “Designed by vexels.com”

Social media

  • Make a reference to our social media account on that specific network; or

  • Link the content on the publication

Print Media

Credit us by placing the statement “Designed by Vexels.com” below the image in a readable font size

School projects and presentations

Credit us by stating: “Designed by vexels.com”

Merchandise for resale

Not allowed. Available with Individual Licenses or Subscriptions only

Templates for resale

Not allowed. Available with Individual Licenses or Subscriptions only

Advertising Use

  • Credit us by placing the statement “Designed by Vexels.com” in a readable font size; or

  • Purchase the Individual Licenses or the Subscriptions

Web Use

Credit us with the suggested web code (i.e., attribution link) that you will find when downloading the Graphics


YOUR FAILURE TO MEET THE REQUIREMENTS LISTED IN THIS SECTION 3.10 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.


4. CONTACT DETAILS

Below, you can find our contact details.

Our address is:

Dugson Digital SRL

Blanca del Tabare 2918

Montevideo

Uruguay

Our phone number is: +1 650 4526034

Our email address is: info(at)vexels(dot)com

You can also contact us by using the “Contact Us” form available on the Website.


5. AMENDMENTS

We reserve the right to amend or modify this Agreement from time to time by sending you a message through the Account or an email. 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 has been last amended on 29th of November 2017.