Last updated on: February 7, 2024
As the author of our images, graphics, music, audio visual works, products, and literary works including but not limited to marketing materials, user guides, and blog and website content, and as provided by law, Nikati and Company retains the copyright in and to all of our works of authorship. All of our images, graphics, music, audio visual works, products, and literary works including but not limited to marketing materials, user guides, and blog and website content, or derivative works, shall not be used, published, distributed, or sold without prior express written permission from Nikati and Company.
OUR RIGHTS UNDER COPYRIGHT LAW
United States Copyright Law grants exclusive rights to the copyright owner to do and to authorize any of the following:
- Reproduce the copyrighted work;
- Prepare derivative works based on the copyrighted work;
- Distribute copies of the copyrighted work to the public; and/or
- Display the copyrighted work publicly.
See 17 USC §106. When those rights are infringed, the copyright owner is entitled to recover damages and profits suffered as a result of the infringement. See 17 USC §504.
We may elect to claim actual damages and profits earned by the infringer as a direct result of the infringement or to seek statutory damages of up to $150,000. See 17 USC §504(b) and (c). Legal fees and costs also may be recovered from the infringer. See 17 USC §505.
Per 17 U.S.C. § 1202(b), which states that “No person shall, without the authority of the copyright owner or the law, intentionally remove or alter any copyright management information.” The fines for violating that statute alone start at $2,500 and go to $25,000, in addition to the fines for the copyright infringement. 17 USC § 1203(c)(3)(b).
SOCIAL MEDIA SHARING
You may share our Images without written consent via social media using the built-in sharing features on the various social media platforms, as long as photo credit is given to Nikati and Company. You may share our Images without written consent using the built-in sharing features on our website(s) and/or marketplace storefronts so long as photo credit is given to Nikati and Company. Sharing our Images through any other means, including but not limited to “right-clicking” to download and share, using third-party software to download and share, or taking a screenshot to share, is strictly prohibited without first obtaining the specific written consent of Nikati and Company. Use of the Images in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory ways, is strictly prohibited.
PRIVATE CLIENT PERSONAL USE IMAGE LICENSE STATEMENT
By purchasing and downloading the Images, you agree that the Images are not works made for hire in accordance with 17 U.S.C. § 101, and that Nikati and Company retains those exclusive rights in and to the Images provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
PERMITTED USE
You may use the purchased and downloaded Images for personal, non-commercial purposes, including display on personal websites and social media platforms, and you may make image prints for yourself and family and friends, if, when customary, credit is given to Nikati and Company as “© Nikati and Company.” By purchasing and downloading the Images, you agree to not permit or assist with any commercial use or sale of the Images without the specific written consent of Nikati and Company. Use of the Images in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory ways, is strictly prohibited.
STOCK IMAGE LICENSE STATEMENT
**Using our stock images is strictly prohibited without our prior express written consent, which is granted via an image license. If you would like to license one or more of our image(s), please visit the image licensing page on our website.
RIGHTS
The copyrights to the Images remain the exclusive property of Nikati and Company (Photographer). Images are not works made for hire in accordance with 17 U.S.C. § 101, and Photographer retains those exclusive rights in and to the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work. No rights to the Licensed Use listed above are transferred to Client until Photographer has received the License Fee in full. Client and its principals, employees, agents, and affiliates are jointly and severally liable for paying the License Fee to Photographer and for other obligations of the License. The only rights for use of the Images granted to the Client are those specifically set forth in a written licensing agreement. All other rights are reserved by Photographer. Use of the Images in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory ways, is strictly prohibited.
METADATA
The Images may contain copyright management information embedded in their file. Removing and/or altering this information is prohibited and violates copyright law.
RELEASES
Unless otherwise specifically stated, no model or property release exists for the Images. Client assumes sole responsibility to determine whether model and/or property releases are required by law and whether any releases provided by Photographer are appropriate for Client’s use of the Images.
ALTERATIONS
Client may not make or permit others to make any alterations to the Images.
INDEMNIFICATION
Client will indemnify, hold harmless, and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising from any use of the Images by Client.
PHOTO CREDIT
Client will ensure that all published uses of the Images will be accompanied by the following copyright notice as follows: “©Nikati and Company” or “Copyright Nikati and Company” (“Photo Credit”). If the Photo Credit does not accompany the Client’s published use of any Images, Client agrees to pay to Photographer a three-times multiple of the License Fee as reasonable compensation for the lost value of the Photo Credit.
TRANSFER AND ASSIGNMENT
Transfer and Assignment: Client may not assign, transfer, or sub-license this License or any rights granted under it, in whole or in part, whether voluntary or by operation of law, without the express written consent of Photographer.
WAIVER
No amendment or waiver of any terms of this License is binding unless set forth in writing and signed by the Photographer.
WARRANTY AND LIABILITY
The Photographer represents and warrants that the Photographer is the copyright owner of the Images and that the Photographer has not granted any rights in the Images that would permit a third party to raise a claim against the Client for the Licensed Use. Photographer’s liability for all claims by Client shall not exceed the License Fee. Photographer shall not be liable for any general, special, direct, indirect, consequential, incidental, or other damages arising out of Client’s use of the Images.
DISPUTES
Any dispute regarding this License shall, in Photographer’s sole discretion, either: (1) be arbitrated in Davidson County, Tennessee under rules of the American Arbitration Association and the laws of Tennessee; or (2) be adjudicated in the Davidson County, Tennessee state courts or the United States Court for the Middle District of Tennessee, and Photographer and client both agree to submit to and consent to the jurisdiction of the State of Tennessee.
Nikati and Company reserves the right to change our governing law terms upon the sale, expansion, reorganization, and/or relocation of our business.
DIGITAL CREATIVE TOOLS LICENSE STATEMENT
Last updated: February 7, 2024
By purchasing and/or downloading our Digital Creative Tools, you are agreeing to the license terms contained in this document and to the Terms of Service on our website. You also agree that Nikati and Company Digital Creative Tools are not works made for hire in accordance with 17 U.S.C. § 101, and that Nikati and Company retains those exclusive rights in and to the Digital Creative Tools assets provided by 17 U.S.C. § 106.
GENERAL
**After you purchase and download your digital creative tool file(s), please keep a copy of your receipt. Your receipt doubles as proof we have granted you a license to use this product.
By purchasing and downloading this Digital Creative Tools product, Nikati and Company grants you, as the original purchaser, a limited, non-exclusive, non-transferable, revocable, single-seat, license to use our Digital Creative Tools for your own enjoyment and/or for limited commercial purposes, within the parameters of these license terms.
These Digital Creative Tools License Terms precede and supersede any Terms of Service, Terms of Use, End User License Agreement, or similar, which requires any user to waive, tacitly or otherwise, intrinsically or overtly, any of their rights under copyright law, for the purpose of training data sets (machine learning), or for any other purpose, as a condition of using any software or service.
*Note: Please see the EXAMPLES OF PERMITTED AND NON-PERMITTED USE section of this document for a few permitted and non-permitted use examples. If you have any questions, please reach out to us at licensing@nikatiandco.com.
PERMITTED USE
You may make one backup copy of the Digital Creative Tool File that you have purchased and downloaded from us, and we encourage you to do so. We are not responsible for any data loss due a computer crash.
Image/Artwork Post-Processing and Mockups
You may use our Digital Creative Tools, for your own personal use or commercially, to enhance, post-process, mockup, display, market, and sell your own images/artwork, or images/artwork you have legally licensed. You may also use our Digital Creative Tools to mockup custom prints and custom matted and/or framed artwork for individual clients, and then share those mockups with your client for review as long as you send the client a flattened file from which no element can be further customized or extracted. However, if for instance, you are a software programmer, print lab owner, app developer, etc., you may not import, incorporate, or use any element of our Digital Creative Tools in part or in whole to enhance, post-process, mockup, display, market, and sell, etc., products in “mass production” online ordering systems, SAAS or computer applications, mobile applications, plugins, extensions, presets, etc., and/or to train data sets (machine learning) without our express written permission.
Advertising and Marketing
You may use our Digital Creative Tools as a support element in your own personal designs or in commercial designs used in product or service advertising and marketing materials both online and in print, as long as the final designs used in these materials consist of and are delivered, submitted, uploaded, etc. as a flattened file from which no element can be further customized or extracted, and the advertised and marketed product or service does not compete with any of our Digital Creative Tools.
Interior Designers and Architects, Photographers/Artists/Graphic Artists
You may use our Digital Creative Tools as a support element, to showcase, display, mockup, and/or market your own designs and services to clients, online or in print, as long as the final designs consist of and are delivered, submitted, uploaded, etc. as a flattened file from which no element can be further customized or extracted. You may import/convert our Digital Creative Tools files into a CAD or other application as part of your design workflow as long as long as the final designs consist of a flattened file from which no element can be further customized or extracted. However, you may not import, convert, incorporate, or otherwise use any element of our Digital Creative Tools in part or in whole in a CAD or other application and then publish, distribute, share, or sell the resulting files and/or any exported elements as templates, plugins, extensions, presets, etc., without our express written permission.
Digital Products
You may use our Digital Creative Tools as a support element in your own designs, to create digital products for your own personal use or for sale, as long as the digital product consists of a flattened file from which no element can be further customized or extracted, is significantly different than our Digital Creative Tools, and does not compete with any of our Digital Creative Tools. You may not use our Digital Creative Tools, in part or in whole, to create templates, masks, brushes, plugins, extensions, and/or presets, etc. without our express written permission.
Physical Products
You may use our Digital Creative Tools as a support element in your own designs, to create physical products such as T-shirts, mugs, hats, physical papers, etc., for your own personal use or for sale, as long as the final designs used on these products are significantly different, and consist of and are delivered, submitted, uploaded, etc. for manufacturing as a flattened file from which no element can be further customized or extracted. However, if for instance, you are a software programmer, print-on-demand service owner, app developer, etc., you may not import or use any element of our Digital Creative Tools in part or in whole to enhance, post-process, mockup, display, market, and sell, etc., products in “mass production” online ordering systems, SAAS or computer applications, mobile applications, plugins, extensions, presets, etc., without our express written permission.
PROHIBITED USE
*Note: Please see the EXAMPLES OF PERMITTED AND NON-PERMITTED USE section of this document for a few permitted and non-permitted use examples. If you have any questions, please reach out to us at licensing@nikatiandco.com.
You shall not remove our copyright notice from anywhere it appears.
You shall not extract, modify, repackage, distribute, share, sub-license, resell, copyright, trademark, in whole or in part, for free or in return for consideration, any of our Digital Creative Tools in any way, without our express written permission.
You shall not allow or cause another person to extract, modify, repackage, distribute, share, sub-license, resell, copyright, trademark, in whole or in part, for free or in return for consideration, any of our Digital Creative Tools in any way, without our express written permission.
You shall not invite or allow another person to download, copy and/or use our files. If you need more copies of one of our Digital Creative Tools (multiple seats), you must purchase and download one copy for each seat. If you would like to purchase a multi-seat license, please reach out to us at licensing@nikatiandco.com.
You shall not import into or use any of our Digital Creative Tools in part or in whole in any electronic and/or online ordering system, digital art display system (i.e. using our mockup tools as NFT art exhibitions digital frames or matting), any online customization system including but not limited to a print lab or other print-on-demand application or ordering system, or any SAAS application, computer application, mobile app, plugins, extensions, website gallery ordering system, video game, etc., and/or to train data sets (machine learning) without our express written permission.
You shall not import into or use any of our Digital Creative Tools in part or in whole in a CAD or other application or any other SAAS application, computer application, mobile app, etc., for the purpose of publishing, distributing, sharing, or selling the resulting files and/or any exported elements as templates, extensions, presets, etc., without our express written permission.
Any work products or designs that you create using our Digital Creative Tools shall not be delivered or submitted to any person or entity in the form of a file, layered or otherwise, from which any element can be extracted or further customized.
You shall not create any end products or designs that are similar to or compete with any of our Digital Creative Tools.
You shall not use our Digital Creative Tools in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory ways. This is strictly prohibited.
We reserve the right to update these license terms to limit permitted use for any future technologies.
EXAMPLES OF PERMITTED AND NON-PERMITTED USE
If you wish to use our deckle-edge paper kit to mockup and help you advertise and market, in print or online, your own line of physical deckle-edge paper, that is OK, and we hope you sell lots of paper! If you wish to create your own line of digital deckle-edge paper for resale or to give away for free, that is NOT OK.
If you wish to design custom digital deckle-edge wedding invitations for your friends or to sell to your clients, which they can then share with their event invitees, that is OK if you have added several of your own design elements, and if you deliver the invitations as flattened .jpg, .png, etc., files. However, if you wish to sell or share for free a line of digital deckle edge party or wedding invitations, and/or wedding invitation templates that people other than you can then customize themselves by adding their own design elements, fonts, name, date, venue, etc., that is NOT OK, unless you have our written permission.
If you wish to mockup and market your own line of physical deckle-edge thank you cards, notecards, or event invitations that you are going to offer for sale, that is OK.
If you are an artist or photographer and you wish to show a client a custom-framed mockup of your artwork before they purchase the framed artwork from you, that is OK if you deliver your mockup to the client as a flattened .jpg, .png, etc., file.
If you are a photographer or artist and wish to mockup and show your own photography or artwork on social media, your website, in print, etc., to help you sell it, that is OK.
If you want to use our Digital Creative Tools as a supporting element to create and/or sell a digital tote bag design that you deliver to friends or customers as a flattened .jpg. or .png file, or if you want to create or sell a physical tote bag with your design printed on it, both these uses are OK if your design includes several of your own design elements. Simply changing a color or shape in one of our Digital Creative Tools does not count as “significantly different.”
You MAY NOT submit, upload, or otherwise deliver a layered file containing your physical product design to a print-on-demand service or print lab.
If you are an interior designer and you wish to feature a framed artwork mockup within one of your room designs on social media, on your website, or in print, etc., that is OK, if the framed artwork mockup is shared, uploaded, and/or sent to your print professional as a flattened file that cannot be further customized.
If you use CAD, or if you use another SAAS application, computer program, or mobile app that can import or convert and then open, and/or utilize our Digital Creative Tools files (your application is compatible with our file types), it is OK to do so as part of your design workflow. However, if you then sell this work product to others as a template or preset, that is not OK unless you have our express written permission to do so.
If you sell or wholesale prints, merchandise, framing and/or matting, wall art, etc., and you create, own, or use a computer application, mobile app, on-demand and/or self-serve ordering system, etc., which allows customers to mockup and customize end products themselves and see what the finished end product looks like before they order it, you MAY NOT use our Digital Creative Tools inside any of these types of apps and systems without express written permission from us.
RETURNS AND REFUNDS
Due to the nature of our Digital Creative Tools products, all sales are final. You will not receive a refund for any Digital Creative Tools products once you have downloaded them.
DISPUTES
Any dispute regarding these license terms shall, in Nikati and Company’s sole discretion, either: (1) be arbitrated in Davidson County, Tennessee under rules of the American Arbitration Association and the laws of Tennessee; or (2) be adjudicated in the Davidson County, Tennessee state courts or the United States Court for the Middle District of Tennessee, and you and Nikati and Company both agree to submit to and consent to the jurisdiction of the State of Tennessee. Nikati and Company reserves the right to change our governing law terms upon the sale, expansion, reorganization, and/or relocation of our business.