Legal notice

LICENSE TERMS FOR THE USE OF ILLUSTRATIONS

This document is an official license offer by the Owner of the website PICTORIC shop.pictoric.com.ua (hereinafter — the Licensor) to any individual or legal entity (hereinafter — the Licensee) who wishes to purchase a license to use an Illustration presented on this website. In accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine, upon acceptance of the terms set out below and payment, the person accepting these terms becomes the Licensee.

1.​ DEFINITIONS

1.1. Website — the PICTORIC website at shop.pictoric.com.ua, where the Illustrations are posted and Licenses are granted.

1.2. Licensor — the owner of the exclusive economic copyright to the Illustration, who offers it for use on the terms of this Agreement.

1.3. Licensee — any legally capable individual or legal entity that has accepted the Offer and acquired the right to use the Illustration.

1.4. Illustration — a work of fine or graphic art in digital format, posted on the Website, the right to use which is granted to the Licensee.

1.5. Acceptance of the Offer — full and unconditional acceptance by the Licensee of the terms of this Offer by paying for the rights to the Illustration or its image, or by actually downloading it.

1.6. License — permission to use the Illustration to the extent and on the terms defined by this Agreement.

2.​ SUBJECT OF THE AGREEMENT AND GENERAL TERMS

2.1. The Licensor grants the Licensee a non-exclusive right to use the Illustration and its image (a non-exclusive license) on the terms defined by this Agreement, and the Licensee undertakes to pay the fee for such use (License fee, royalty) according to the rates indicated on the Website.

2.2. All economic and moral copyrights to the Illustrations belong exclusively to the Licensor. This Agreement is not an agreement on the assignment (sale) of copyright. The Licensee only acquires the right to use a copy of the Illustration file in accordance with the selected License type.

2.3. The License is valid worldwide, except in the russian federation, belarus and iran, from the moment of payment and download of the file by the Licensee.

3.​ LICENSE TYPES AND SCOPE OF PERMITTED USE

Depending on the purpose of the purchase, the Licensee selects one of two license types before making payment:

3.1. PERSONAL (NON-COMMERCIAL) LICENSE:

3.1.1. Permits the use of the Illustration solely for personal, non-commercial, non-corporate and educational purposes.

3.1.2. This type of License is granted for perpetual use from the moment of payment.

3.1.3. Permitted uses:

-​ printing the Illustration or its image on any materials, such as canvas, paper, wood, acrylic, PVC, clothing, etc., solely for personal use;

-​ storing the Illustration or its image in digital format (on a flash drive, computer, phone or any other digital medium) solely for personal use;

-​ decorating one's own premises without use for commercial and/or advertising purposes;

-​ using the Illustration or its image solely for personal non-commercial purposes, in particular as an element of digital design (avatar, desktop wallpaper, etc.) on the Licensee's own devices, without the right to distribute, reproduce or sublicense it;

-​ using the Illustration or its image for educational purposes solely in educational institutions.

3.1.4. Any use of the Illustration for commercial purposes is prohibited, in particular in any activity directly or indirectly aimed at obtaining financial profit, income, royalties or other material benefits, regardless of who carries out such use (individual or legal entity).

3.2. COMMERCIAL LICENSE:

3.2.1. Permits the use of the Illustration for commercial purposes related to doing business, marketing, advertising and creating goods for sale, with mandatory attribution to PICTORIC.

3.2.2. This type of License is granted for a limited term of 1 (one) year from the moment of payment and/or provision of access to download the Illustration. After this term expires, the Licensee must stop the commercial use of the Illustration or contact the Licensor to extend the license for a new term.

3.2.3. Permitted uses:

-​ integration into the design of websites, mobile applications and interfaces, email newsletters, presentations and search engines (Google, Opera, etc.);

-​ on social networks: Instagram, Facebook, LinkedIn, TikTok, Meta and other platforms; in media and press: in newspapers, magazines, on news websites, radio and television;

-​ in virtual (VR) or augmented (AR) reality;

-​ in advertising and marketing: in commercials, presentations, promotional materials and email or messenger campaigns to promote brands, goods or services;

3.2.4. If the Illustration is to be used on other terms or in other ways not defined by this License, the Licensee must contact the Licensor to purchase an extended license.

4.​ STRICT RESTRICTIONS AND PROHIBITIONS

Regardless of the selected License type (Personal or Commercial), the Licensee is strictly prohibited from:

4.1. Reselling, renting out, sublicensing, gifting or otherwise distributing the original or modified digital files of the Illustration or its image to third parties.

4.2. Uploading the Illustrations to any stock photo or microstock platforms (for example, Shutterstock, Adobe Stock) or integrating them into design-tool templates (for example, Canva, TemplateMonster) where third parties could gain access to download the source file.

4.3. Using the Illustrations to create trademarks or marks for goods and services (logos) without obtaining the Licensor's separate written consent.

4.4. Modifying, reworking, changing the color scheme of, adding third-party elements to or creating derivative graphic works based on the Illustration or its image, if this distorts the original meaning or violates the author's moral rights.

4.5. Using the Illustration or its image (in whole or in part) for training, testing or developing Artificial Intelligence (AI) models, generative neural networks and machine learning systems.

4.6. Using the Illustration or its image in materials containing calls to violence, pornography, racial, religious or gender discrimination, or otherwise violating the current legislation of Ukraine.

4.7. Using the Illustration or its image, in digital or physical form, in any other way not provided for by this License.

5.​ PAYMENT PROCEDURE AND RECEIPT OF THE ILLUSTRATION

5.1. The right to use the Illustration or its image is granted on the basis of 100% prepayment. The fee for using the Illustration or its image is indicated on the page of each individual Illustration on the Website.

5.2. Payment is made by the Licensee using the payment systems integrated into the Website or by any other method available on the Website.

5.3. Immediately after successful payment is confirmed, the Licensee is given access to download the file of the Illustration or its image by means of a link sent by email.

5.4. Given the digital nature of the Illustration and the instant provision of access to digital content (file download), the License fee (payment for the License) is non-refundable. The Licensee confirms that from the moment the download link is received or the Illustration file is actually downloaded, the service of granting the right of use is deemed to have been provided in full, and the License is deemed accepted without the right to cancel or annul it or to receive a refund. If the file turns out to be damaged or does not open, the Licensor undertakes to replace it with a proper copy within 3 (three) business days of receiving a written request from the Licensee.

6.​ LIABILITY OF THE PARTIES AND PENALTIES

6.1. The parties are liable for breach of the terms of this Agreement in accordance with the current legislation of Ukraine.

6.2. If it is found that an Illustration purchased under a Personal License is being used commercially, or if the prohibitions set out in Section 4 of this Agreement are violated, the Licensee shall pay the Licensor a penalty of 10 times the current price of the Commercial License for that Illustration, and shall also compensate all losses incurred.

6.3. The Licensor is not liable for any direct or indirect losses, lost profits or moral damage to the Licensee arising from the use of, or inability to use, the downloaded Illustrations.

7.​ DISPUTE RESOLUTION

7.1. All disputes and disagreements arising in the performance of this Agreement shall be resolved through negotiations.

7.2. The claim (pre-trial) settlement procedure is mandatory. The period for considering a written claim is 30 (thirty) calendar days from the date of its receipt.

7.3. If no agreement is reached, the dispute shall be referred to court in accordance with the applicable jurisdiction and procedural law of Ukraine.

8.​ FINAL PROVISIONS

8.1. This Agreement enters into force from the moment the Licensee accepts these terms and remains in effect until the Parties have fully performed their obligations.

8.2. The Licensor reserves the right to unilaterally change the terms of this Agreement by posting a new version on the Website. Changes take effect from the moment of their publication. The use of Illustrations purchased before the changes were made is governed by the version of the Agreement in force at the time of Payment.

8.3. In all matters not regulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine, in particular the Civil Code of Ukraine and the Law of Ukraine "On Copyright and Related Rights".

8.4. These license terms are drawn up in the Ukrainian language, have full legal force and are the same for all Licensees who accept them on the Website.