Downloadable Digital Products Terms and Conditions of Sale
Welcome to bubert.com.ua (which we may refer to as the “Bubert”, “Optimistic Kids Art”, “Site” or “Service”).
This page explains the terms by which you may use our online services and website, provided on or in connection with the Service. By using the website, creating an account and checking the "I agree" (or similar) box, or otherwise accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Sale, including the License Terms (the "License"), which constitute a binding agreement with us, and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy (the "Privacy Policy"), whether or not you are a registered user of the Service. These Terms apply to all visitors, users, buyers, sellers and others who access the Service ("User(s)," or "you," or "your"). If you open a Bubert account on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.
1.0 Introduction
These terms and conditions set out the terms and conditions between you, the customer, and Davydenko Kateryna Volodymyrivna («Bubert», "Optimistic Kids Art", “us”, “we”), governing the use of our Bubert Service and our downloadable digital files (the “products”). Your use of our Service, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our Service or purchase, download or use any of our products.
2.0 License and Use
Standard license
This license gives you non-exclusive, non-transferable, one-person right to use items purchased at Optimistic Kids Art (bubert.com.ua) in a personal or small commercial project (up to 100 sales) for yourself or a client. After purchasing this license you will get a receipt of purchase by e-mail. Also, it will be stored in your purchase history.
Please, note that commercial use does not include reselling images as is, in a stand alone fashion. The graphics need to form part of a new design that incorporates other resources, graphics and/or text. Products must not be used or sold in a way that is directly competitive with the original graphics you purchased.
This license cannot be used for reselling graphics on customizable goods made on demand like t-shirts, cups, magnets, digital templates, where the clipart contributes to the core value of the product.
No credit is required.
Extended license for vector illustrations
This license gives you non-exclusive, non-transferable, one-person right to use items purchased at Optimistic Kids Art (bubert.com.ua) in commercial projects (unlimited sales) for yourself or a client. After purchasing this license you will get a receipt of purchase by e-mail. Also, it will be stored in your purchase history.
Please, note that commercial use does not include reselling images as is, in a stand alone fashion. The graphics need to form part of a new design that incorporates other resources, graphics and/or text. Products must not be used or sold in a way that is directly competitive with the original graphics you purchased. The copyright remains with the author, while you are given the right to use the graphics.
Commercial license cannot be used for reselling graphics on customizable goods made on demand like t-shirts, cups, magnets, digital templates, where the clipart contributes to the core value of the product.
No credit is required.
Extended license for AI generated clipart
This license gives you non-exclusive, non-transferable, one-person right to use items purchased at Optimistic Kids Art (bubert.com.ua) in commercial projects (unlimited sales) for yourself or a client. Also you can produce and sell physical goods, where the clipart makes up the main value including products made on demand like fabrics, stickers, cups or t-shirts, sell digital embroidery patterns. And you can sell digital products, where the clipart doesn't make up the main value of the product.
Please, note that commercial use does not include reselling images as is, in a stand alone fashion, as digital cliparts or graphic products where the clipart contributes to the core value of the product. The graphics need to form part of a new design that incorporates other resources, graphics and/or text. Products must not be used or sold in a way that is directly competitive with the original graphics you purchased. The copyright remains with the author, while you are given the right to use the graphics.
No credit is required.
3.0 Intellectual Property
The products and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection Regulations due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale via email: art@bubert.com.ua