Usage Terms

Last Updated: November 16, 2024

By downloading or using our digital products, such as Procreate brushes, figure templates from the Croquis Kit, and other design assets, you agree to the terms outlined in this document. These terms govern how you can use the products you've purchased.

The usage of these digital assets is governed by a licensing agreement that outlines how you may and may not use the content. Please read through these Usage Terms carefully, as they explain your rights and restrictions regarding the use of our digital products.

Licensing Agreement

This License Agreement ("Agreement") is a legal agreement between you, the "Licensee," and Amiko Simonetti, the "Licensor," regarding the purchase and use of the Licensed Asset(s), including but not limited to Procreate brushes, Croquis Kit templates, and any other digital products offered through Amiko Simonetti’s website, amikosimonetti.com ("Site").

By purchasing or downloading any Licensed Asset from the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this License Agreement.

If you have any questions regarding this Agreement, please contact me at amiko@amikosimonetti.com.

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1. Parties to the Agreement and Number of Users

1.1 Licensor: Amiko Simonetti, the author and owner of the Licensed Asset(s).

1.2 Licensee: The individual purchasing the Licensed Asset(s) from the Site.

1.3 Number of Users (Seats): Each Licensee is permitted to use the Licensed Asset(s) for a single user (seat) only. If you require additional users, you must purchase additional licenses.

2. Grant of License

Upon payment of the applicable License Fee, the Licensee is granted a non-exclusive, non-transferable, non-sublicensable, perpetual right to use the Licensed Asset(s) as specified below.

The Licensee is granted the right to use the Licensed Asset(s) solely for personal and commercial fashion design projects, subject to the terms of this Agreement.

3. Permitted Uses

The Licensed Asset(s) may only be used for creating new works that are significantly different from the original assets. For example, you may use the templates to create fashion illustrations, or use the brushes to create technical sketches. The resulting work must require time, effort, and skill to produce, and must not derive its primary value from the original Licensed Asset(s).

Specifically:

  • Fashion Designs and Illustrations: Creating fashion illustrations on top of templates or using brushes for sketching.

  • Portfolio Use: Using the Licensed Asset(s) to create drawings or other creative works to be included in an online or physical portfolio, or on social media channels (e.g., Instagram, Pinterest, etc.).

  • Videos and Live Streams: Use of the Licensed Asset(s) in videos or live streaming, where the Asset(s) are used within drawings or other creative work.

4. Prohibited Uses

The following uses of the Licensed Asset(s) are strictly prohibited:

  • Digital Development: The creation of apps, desktop applications, or video games using the Licensed Asset(s).

  • Redistribution and Sharing: Sharing, redistributing, or making the Licensed Asset(s) available for download, including via email, cloud storage, or physical copies.

  • Resale and Sub-Licensing: Resale or sub-licensing the Licensed Asset(s) or any modification thereof in a way that competes directly with the original product.

  • False Authorship: Claiming the Licensed Asset(s) as your own, either in original or modified form.

  • Use in Trademarks: The Licensed Asset(s) may not be used in any trademark, service mark, or similar use under any circumstances.

  • Offensive Content: The use of the Licensed Asset(s) in pornography, fraud, defamation, or other illegal, immoral, or offensive material.

  • Other Unapproved Uses: Any other use not expressly permitted by this Agreement.

5. Ownership and Intellectual Property

The Licensor retains full ownership of the copyright and all intellectual property rights in the Licensed Asset(s), including any modifications. The Licensee does not receive any rights to the underlying copyright, and nothing in this Agreement constitutes an assignment or exclusive license.

6. Termination of License

The Licensor reserves the right to terminate this Agreement and revoke the Licensee’s rights to use the Licensed Asset(s) at any time if the Licensee breaches any of the terms of this Agreement. Upon termination, the Licensee must immediately cease using the Licensed Asset(s) and destroy or delete all copies.

7. Content Withdrawal

The Licensor may, at any time, withdraw the Licensed Asset(s) from sale or discontinue the license if a third-party claim of infringement is made. In such cases, the Licensor will provide a replacement, subject to availability, but will not be liable for any other damages.

8. Limitation of Liability

The Licensor will not be liable for any damages, including but not limited to emotional distress, loss of revenue, or intellectual property infringement, arising from the use of the Licensed Asset(s).

9. Indemnification

The Licensee agrees to indemnify and hold harmless the Licensor from any claims, damages, or expenses arising from the Licensee’s breach of this Agreement or unauthorized use of the Licensed Asset(s).

10. Limitation on Time to File Claims

Any legal action related to the Licensed Asset(s) or this Agreement must be initiated within one (1) year from the date the cause of action accrues.

11. Modifications to the Agreement

The Licensor reserves the right to modify this Agreement at any time. Any changes will be posted on the Site and will apply only to future purchases of the Licensed Asset(s).

12. Legal Action and Dispute Resolution

12.1 Legal Action: Any unauthorized use of the Licensed Asset(s) will result in the immediate termination of this Agreement, and the Licensor reserves the right to pursue legal action for any infringement of intellectual property rights.

12.2 Dispute Resolution: Any disputes arising from this Agreement shall be resolved through binding arbitration under the laws of the State of New York. The arbitration will be conducted by a neutral third party, and both parties agree to resolve disputes on an individual basis, not as part of any class action.