License Agreement

Effective: January 1st, 2018
Last updated: August 30th, 2019

For use of customizable templates (“the Asset”).

Any terms not defined herein shall have the definition set forth in the Terms of Service. Please review this Agreement and the Terms of Service before you purchase any Assets.

The following License Terms as well as the Terms of Service as the same may be amended or updated from time to time (collectively the “Agreement”) are made effective as of January 1st, 2018, and constitute an agreement between you (“Buyer” or “you”) and the content owner, Alysha DeMarsh, sole proprietor of Basil & Bark Design and Strategy (“Basil & Bark”), and/or any of its affiliates.

WHEREAS:

  1. You wish to obtain a license to use an Asset on behalf of yourself or your client, and

  2. Basil & Bark (“the Licensor”) retains ownership of the Asset, but grants you (“the Licensee”) a non-exclusive, non-transferable right to use, modify and reproduce the Asset worldwide, in perpetuity, as expressly permitted by the license herein and subject to the terms set forth herein:

Standard License

  1. You may use a purchased Asset in a new End Product as long as the End Product meets the following requirements. End Products must be significantly different than the original Asset and require time, effort, and skill to produce. End Products must not be used or sold in a way that is directly competitive with the original Asset you purchased. End Products must not redistribute the original Asset to any third parties in a manner that allows for the extraction of the original Asset. An End Product must be a unique implementation of the Asset, often requiring limited copy and content changes. For example, if you purchase a lead magnet template, you may use the Asset for yourself or a client after having input personal information. You may not resell or redistribute the template, however modified, in customizable form.

  2. A purchased Asset may be used in one Project. A Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept, such as, a creative online business endeavour. However, all purchased Assets may be used in an unlimited number of Personal Use Projects.

  3. Under the Standard License, you may use purchased Assets to create ONE End Product for Sale. An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person (digital distribution, etc.). For purposes of this license, “intend to sell” means you plan to sell or distribute the End Product for any type of fee or charge.

  4. You may modify or manipulate the Asset, or incorporate it into other content and make a derivative work from it. Basil & Bark will retain all right, title, and ownership in the Asset, and the resulting derivative work is subject to the terms of this Standard License.

  5. You may not sublicense, resell, share, transfer, or otherwise redistribute the Asset (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.

  6. You may not make the Asset available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Asset, and you must not permit an end user of the end product to extract the Asset and use it separately from the End Product.

  7. You may not publicly display the Asset: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Asset by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Asset. If you become aware of any unauthorized duplication of any Asset please notify us via email at alysha@basilandbark.com

  8. You may not use any Asset in a way that violates the Agreement including, without limitation, in a manner that infringes any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Assets that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Assets requires a clearance and if so, to obtain that clearance from the rights owner.

  9. You may not register as a trademark the Asset or the end product incorporating the Asset – not even logos. If you use the Asset to create a logo for yourself or a client, keep in mind that third parties can use the Asset too, even in another logo.

  10. You may not use any Asset if that use could result in a third party’s claim that it acquired rights in the Asset that are contrary to this license. Upon Basil & Bark’s request, you shall immediately remove the Asset from any unauthorized location or use, including an unauthorized social media platform or website.

  11. You may not falsely represent, expressly or by way of reasonable implication, that any Asset was created by you or a person other than the copyright holder(s) of that Asset.

  12. You may not use Asset(s) containing models and/or property in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

Extended License

If you purchase an Extended License, the following terms apply:

  1. This Extended License allows you to use Assets in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and

  2. You may also use Assets purchased under the Extended License to create unlimited End Products for unlimited clients; and

  3. You may also use Assets purchased under the Extended License to create unlimited End Products for sale.

Usage Type
Standard License
Extended License
Personal Use
Unlimited
Unlimited
Client Projects
1 Project
Unlimited
End Products for Sale
1 Project
Unlimited

Disclaimer

Basil & Bark is not affiliated with Canva or Adobe in any official way.

Contact information

If you have any questions, please contact me at alysha@basilandbark.com. Thank you!