Terms & Conditions

LICENSE TO USE DIGITAL PRINTS

All Digital Prints available through the site are owned or controlled by Holly Maurine Broadbent and are protected by intellectual property rights.

Any use of Digital Prints purchased through the site is subject to these Terms. Upon payment of the price of the Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.

You agree that you will download and use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Prints to anyone else.  Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Print.

You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

Downloads of Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported and copied. You must adhere to any and all usage restrictions that apply to the Digital Print as set out in these Terms.

Under the terms of your license to use our Digital Prints, you may print multiple physical printed copies of the same Digital Print for personal use in your home or office.  However, if you intend to distribute prints to other individuals you must purchase multiple licenses at time of purchase.  For example, if you intend to gift prints of the digital download to 5 individuals or businesses, you must purchase five (5) licenses. 

Contact:  If you have any questions or concerns about how to legally use your digital download, please don't hesitate to email holly@mommyslittleshop.com.

Standard License Prohibitions

Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:

• use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

• Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, broadcast and theatrical presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);

• online or electronic publications;

• use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites);

• use the Content in entertainment applications, such as books and book covers, magazines, newspapers, editorials and newsletters;

• use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

• use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

• incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

• use the Content in a fashion that is considered by Holly Broadbent (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;

• remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;

• sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

• install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;

• use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;

• use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);

• either individually or in combination with others, reproduce the Content, or an element of the Content, in which event you shall be required to pay a royalty fee of Holly Broadbent's reasonable discretion for each and every reproduction. 

• If the Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and (ii) in such event, upon Holly Broadbent's request, you shall remove any Content from such platform or website.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF HOLLY BROADBENT AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HOLLY BROADBENT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND HOLLY BROADBENT RELATING TO THE SUBJECT OF THIS AGREEMENT.