License Agreement
EXCLUSIVE COMMERCIAL LICENSE FOR PATTERNS
Licensee acknowledges that by checking “I Agree” and completing the purchase process on Website carollozove.com or by paying the Invoice, Licensee has read the Full License Agreement and accept the terms of this agreement.
1. PARTIES TO THE LICENSE AGREEMENT
1.1 – This License Agreement is an agreement between:
a) Caroline de Oliveira Godeny, with its registered office in Maringá, Brazil (hereinafter referred to as: “Carol Lozove”, “Author” or “Licensor”)
and
b) The “Licensee” who is the individual person or legal person indicated as the licensee during the purchase process.
1.2 – The rights to use the Work, as a licensee, begin after accepting the terms of this contract and making payment to Carol Lozove for the rights to use the Work through the Paypal payment system, through a purchase made directly on the website: carollozove.com or via an invoice.
1.3 – For granting the license to the Licensee, the Author is entitled to remuneration – the amount indicated on the invoice or on the website.
2. GRANT OF EXCLUSIVE LICENSE
By purchasing an Exclusive License, Carol Lozove grants the Licensee the right to exclusive use of the Licensed Work.
2.1 – The Author declares that:
a) Moral and economic copyrights to the Work are in no way limited or encumbered by the rights of third parties and that the Work does not infringe the rights of third parties.
b) The Work has no legal defects, and the use of the Work will not violate any rights of third parties, including in particular property and personal rights authorship.
c) All intellectual property rights in the Work anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and Licensee has no rights in the Work except the right to use them in accordance with the terms of this License Agreement.
2.2 – Fields of exploitation
a) The Author grants the Licensee the exclusive and non-transferable right to reproduce the Work by any technique of printing on the fabric, without territorial limitations and with no time limit of use.
b) The Author grants the Licensee the right printing the Work on fabrics and placing on the market products created from the use of these fabrics.
c) The Author grants the Licensee’s customers the right to market the Licensee’s fabrics and products made with the use of these fabrics.
2.3 – Shipping & download the digital files in which the Work was recorded
a) Grant of license will take place at the time of obtaining remuneration by the Author.
b) The transfer of the digital files in which the Work was recorded will be done within 24 hours after payment to the Author. The digital file will be sent to the email provided at the time of purchase or to the email registered on the website, by the Licensee.
c) The Licensee will receive a link with the digital files for download to Dropbox.
2.4 – Upon completion of the License purchase, the Licensee will receive:
a) One (1) detailed technical sheet, with a brief description of the work and its creation, name and Pantone color codes and HEX codes, dimensions of the design, among other information.
b) Three (3) digital files (per colorway) of each licensed work, with the characteristics below:
• Color profile: sRGB
• File Formats: JPEG • TIFF
• Dimensions (each repeat tile): 2362 x 2362 px (20x20cm) 3600 x 3600 px (30x30cm) 7200 x 7200 px (60x60cm)
• Resolution: 300 DPI
Note: If the Licensee requires a color profile or file format different from those listed above, they must contact the Author and request the change. No additional costs will be charged.
2.5 – General Rules and Limitations
a) Each exclusive colorway (background color) of the pattern may only be licensed once by a single Licensee.
b) Exclusivity is restricted to the colorway (background color) of the licensed design. The licensee does not have exclusive rights to the illustrations, elements and characters contained in the design.
c) The Licensee is only purchasing the Exclusive License for the design as a ready-made standard and not purchasing the illustrations, elements and characters contained therein.
d) Each exclusive licensed design has a unique pattern, the Author guarantees that he will not create future designs with the same pattern. Guaranteeing the Licensee the exclusivity of the Work.
e) Changing the original color (background color) is possible after the purchase is successful. The Licensee may request up to one (1) change/replacement of the original color/background color at no additional cost. The Licensee must provide the new Pantone or Hex code desired, and the request for the change must be made before receiving the link with the digital file of the Work for download. Once the original color code has been changed at the request of the Licensee, the original color will again be available for Licensing. The Licensee will no longer have the right to use the original color unless he purchases a new License for that color. In the event that the Licensee requests more than one (1) change/replacement of the original background color, the amount corresponding to one License will be charged for each new color requested.
f) The color options for each Work are not limited to the quantity presented by the Author on website or social networks. The Author may create additional background colors for each licensed work, at his/her sole discretion, and make them available for sale. Provided that each new color has a Pantone or Hex code different from the colors already licensed.
g) Elements and characters may be used in future designs and other Carol Lozove projects and products at its sole discretion.
3. COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits both Non-Commercial and Commercial use of the Licensed Work. Defined use:
3.1 – Commercial Use
“Commercial” use is any use that involves the exchange of money or other consideration, that promotes a business, product or service, or where financial gain or other consideration is sought or results, directly or indirectly, from Licensee’s use of the Licensed Work.
3.2 – Non-Commercial Use (Personal)
“Non-commercial” use is use exclusively for personal, non-profit purposes.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
4.1 – End Product
✔︎ Licensee may print the Licensed Work as repeat pattern onto fabric only.
Note: Exclusive license available for wallpaper and other fields of exploitation, contact me to obtain a specific license.
✔︎ Licensee may print unlimited square meters of fabric.
Use of the Licensed Work for ANY purpose other than what is listed above is prohibited.
4.2 – Digital publishing on websites and social media
✔︎ The Work may only be published on one (1) corporate social media account and one (1) website owned and administered by the Licensee.
✔︎ The Work may only be published on social networks and websites if applied to a model corresponding to the fields of exploration Licensed by the Licensee. For example, if the licensed field of exploration is fabric, the Licensee may create digital publications with the work applied to fabric models, rolls of fabric, clothing, products made with fabric, etc. Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, even with a watermark, it is strictly prohibited.
4.3 – Digital advertisements (paid or free)
✔︎ The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
4.4 – Traditional Physical advertisements (paid or free)
✔︎ The Licensee may use the Works to create advertising in Local Market. The use includes such advertisements as billboards and print ads.
5. STRICTLY PROHIBITED USES
✘ The Licensee may not sublicense, distribute, donate, repost, trade, resell, share the Licensed Work, or any parts thereof, as stock or in any other way.
✘ It is prohibited for any user other than the Licensee to have access to the Licensed Work. Only the person responsible for the purchase will be able to use the Works, being the natural or legal person registered at the time of purchase. Sublicensing to third parties is prohibited with limited exceptions for printing service providers (As expressly permitted in Section 6).
✘ The Licensee may not use the Licensed Work in brands, logos and any other item that forms part of a commercial visual identity.
✘ The Licensee can’t modify Licensed Work, such as colors, copyright characteristics, format, etc. The licensee is only authorized to use them as they are originally.
✘ It is expressly prohibited to use the Licensed Work for the training of, or supplying of content to, any artificial intelligence program or machine learning technology of any kind, including technologies capable of generating works in the same style or genre as the artist.
✘ Licensed Work may not be used as part of a trademark. The Licensed Work may not be used as part of a trademark. Licensee is not permitted to, and shall not attempt to, register, protect, or enforce any trademark or similar rights in the Licensed Work.
✘ The Licensee may not vectorize the Licensed Work.
✘ The Licensee must not modify the Licensed Work in any way, nor take and reuse elements of the designs.
✘ Using the Licenced Work to create any type of digital, non-tangible, or digitally distributable product for commercial use is strictly prohibited. Digital products including, but not limited to, designs, social media images, online advertisement, website elements, online and mobile applications, wallpapers for digital devices such as phones or tablets, digital publications like digital magazines, cards, digital papers, NFTs, etc.
✘ The Licensee may not use the Licensed Work in digital products distributed for free.
✘ The Licensee may not use the Licensed Work to create paintings, printables, posters/wall art and
fine art prints for sale, whether in physical or digital format.
✘ The Licensee may not incorporate the Licensed Work into digital products in PDF format or any other format that allows the original items to be extracted.
✘ It is strictly prohibited to falsely represent the authorship and/or ownership of the Licensed Work.
✘ The Licensee may not use the Licensed Work in editorials, books, blogs, magazines, e-books. (It is only permitted to quote in books, newspapers, magazines or any other means of communication, excerpts from any work, for the purposes of study, criticism or controversy, to the extent justified for the purpose to be achieved, indicating the name of the Author and the origin of the work: Artwork by ©Carol Lozove.
✘ The Licensee will not be able to use the Licensed Work in the development of games, applications in general, websites, social networks and software.
✘ The Licensee may not use the Licensed Work to create any type of continuous design or pattern.
✘ The Licensee may not resell or sublicense any of the Licensed Work on microstock sites or any other digital asset upload, download, or print-on-demand sites such as Creative Market, Shutterstock, Etsy, Freepik, Adobe Stock, Teepublic , Red Bubble, Society 6, etc.
✘ The Licensee may not provide or share any of the Licensed Work, or part thereof, to any third party, in a digital asset management system, on a shared disk, drives, collective system, make collective purchases and/or share the Designs and Works of art in online drives, groups of people, social media groups or of any other nature or in any other similar system, digital or physical, for the purposes of sharing or transferring files, whether for profit or not, personal or commercials.
✘ The Licensee may not making public or sharing the Licensed Work in any way that allows others to download, screenshot, extract, or redistribute Licensed Work as a standalone file is its original form is strictly prohibited. For the sake of clarification, an example of such prohibited usage would be to share or post the Work in its original form, without watermarks, on social media accounts, websites, or as part of online advertisement, to promote the physical products created with the Licensed Work or for any other commercial or non-commercial purpose.
✘ The Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, it is strictly prohibited.
✘ It is not permitted to use the Licensed Work as references and/or reproduce them in other types of final physical products, such as: decorated cookies, fiber characters and in general, felt molds, cookies, porcelain paintings, EVA, embroidery, plush, etc.
✘ Physical (printed) advertising for commercial use in national or global markets is prohibited.
✘ The Licensee may not use the Licensed Work in pornographic, defamatory, offensive or illegal content.
✘ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6. SUBLICENSING
6.1 – This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 6.2.
6.2 – Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only one situation:
To manufacture, market, or distribute completed End Uses that use the Licensed Work (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use service providers to print on its fabrics.
7. ATTRIBUTION
7.1 – No credit is required, though it is always appreciated.
7.2 – How to provide credit: Artwork by ©Carol Lozove.
8. CORRECTION OF DIGITAL FILES
8.1 – In the case of a digital work, with a defect or error, originating from this website or creation studio of Author, Carol Lozove guarantees the correction of the digital work if the “defect” or “error” meets the criteria below:
a) When exporting or saving, as long as the defect or error is of proven origin in the Author’s database and history.
b) In the digital edition or finalization of the work of art, provided that the defect or error is relevant at the sole professional discretion of the Author, or causes any significant visual damage to the design.
All corrections will be made upon proof that the defects and errors actually originate from the Author. If it is not proven that the defects and errors originate from the Author or her website, requests for corrections or any other support for the digital work will not be accepted.
9. GENERAL LEGAL PROVISIONS
9.1 – Intellectual Property
a) All Works, images, digital files, illustrations and creations by Carol Lozove are protected by the Brazilian Copyright Law – Law No. 9,610/98, Berne Convention, Inter-American Copyright Convention and Universal Copyright Convention.
b) Any Work of Art must only be purchased on the official website www.carollozove.com and claimed only on the official Instagram profile: @carollozove. Any purchase, receipt, acquisition, commercialization or any other type of use of the work of art or any designs and illustrations, through other websites, platforms or third parties, and without the express written authorization of the Author Carol Lozove, will be considered unauthorized use.
c) By purchasing the license to use the patterns and download the Works in digital format through the website carollozove.com, or through an external download link sent directly by the Author Carol Lozove, the Licensee acknowledges that all intellectual property rights in the art anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and the Licensee has no rights in the Work, except the right to use it in accordance with the terms of this License Agreement and the Licensee accepts and represents that agrees to the Terms of this Agreement. A copy of the License Agreement will be sent to the Licensee, in PDF format, together with the digital file of the Licensed Work.
9.2 – Termination of the Agreement
Carol Lozove may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Carol Lozove. In which case Licensee must immediately:
a) Cease and desist using the Works.
b) Remove or destroy any copies.
c) At Carol Lozove’s request, confirm in writing that they have complied with the above requirements.
Carol Lozove may also terminate the Agreement due to misuse of the Works on social media or any other third party website, and such service or website uses (or announces that it plans to use) the Works. for its own purposes or in a manner inconsistent with this Agreement. In this case, the Contract will be immediately terminated.
9.3 – Withdrawal of Works
At any time, Carol Lozove may discontinue licensing the Licensed Works at its sole discretion.
9.4 – Audit
a) Upon reasonable notice, Licensee agrees to provide to Carol Lozove sample copies of projects or end uses that contain Licensed Asset, including by providing Carol Lozove with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Carol Lozove may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Carol Lozove of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Carol Lozove the amount of the underpayment and any other remedies to which Carol Lozove is entitled, Licensee also agree to reimburse Carol Lozove for the costs of conducting the audit.
b) In the event that Carol Lozove becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Carol Lozove’s request, provide Carol Lozove with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Carol Lozove.
9.5 – Disclaimer of Warranties
a) Licensee’s Use Of The Licensed Asset is at the Licensee’s own Risk. The Licensed Asset is provided on an “as is” And “as available” Basis, Carol Lozove hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Carol Lozove does not guarantee that the quality of any product, service, information or other material purchased or requested by the Licensee, offered by Carol Lozove, will meet the Licensee’s expectations and does not guarantee that the functioning of the services and resources, offered by Carol Lozove, will be uninterrupted or error free.
b) Carol Lozove does not guarantee that the display of Work will be accurate or that it will match any color displayed on on the Licensee’s computer monitor, smartphone or any other electronic device. The files follow an internal color profile standard, chosen by Carol Lozove, when exporting the designs, in the following formats: .PNG, .JPEG/JPG, .TIFF or .PDF. The files are subject to small color variations when viewed on electronic device screens and/or printed on fabrics or any other type of material.
9.6 – Limitation on Liability
a) Carol Lozove not responsible for any non-performance or delay of obligations and services, reported in this agreement, or in any separate agreements whereby her provide services to the Licensee, for reasons or events beyond her control, including, but not limited to, network failure of internet, problems with private network providers and failures in public or private communications.
b) Carol Lozove not responsible for any results or errors regarding printing, from the Works, on any type of material used by by the Licensee.
c) Carol Lozove not responsible for any problems regarding the use of the Works on computers or smartphones, editing software, printers and operating systems.
d) Carol Lozove not provide technical support for computers and printers.
e) Carol Lozove not provide support for printing.
f) Under no circumstances will the Author be liable to the Licensee or any third party for any special, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect. Under no circumstances will the Author be liable to to the Licensee or any third party for any events that are beyond my control – this includes, but is not limited to, industrial strikes, natural disasters, terrorism, civil unrest or any other event that can be determined as force majeure.
g) All Designs are checked before being released for sale, and it is the Licensee’s sole responsibility to resolve any problem related to opening and/or viewing, and editing the files on computers or any type of electronic device or editing software.
h) It is Licensee’s responsibility to check this page periodically for changes. Licensee’s continued use of, access to the site, or use of any of Work following the posting of any changes constitutes acceptance of this agreement. The Licensee may always review the most current version of this license agreement at any time on this page.
i) Carol Lozove is not responsible for any expenses related to the production of any type of made-up product and fabrics printed with defective designs. In case of defective files, or any other type of error, originating from this website or creation studio of Author (provided that the errors and defects are those expressly described in section 4) Carol Lozove guarantees that the file will be corrected and sent for replacement through a download link, which will be sent to the Licensee’s email.
9.7 – Choice of Law and Forum
a) All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Brazil, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Brazil, with Carol Lozove reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
b) The Court of Maringá-PR – Brazil is hereby elected to resolve any doubts arising from this contract, to the exclusion of any other, however privileged it may be.
9.8 – Entire Agreement
This License Agreement, together with the Carol Lozove Terms of Use (“Terms of Use and “Terms of Service”) constitutes the sole and entire agreement between Licensee on the one hand and Carol Lozove as Author and Shop Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.
9.9 – Modifications
Carol Lozove may modify this License Agreement by posting an updated version on the Carol Lozove website. The current version of the License Agreement published at the time of purchase will apply to purchases (even if the Licensed Asset is downloaded after updating the License Agreement). Updated versions of the License Agreement will not apply retroactively to previous purchases unless:
a) Licensee is notified of its choice to apply the updated terms to previous purchases and expressly agrees, for example, by clicking “I agree” or in writing.
b) Such modification does not adversely affect any rights of Licensee and Carol Lozove shall notify the Licensee of the changes and of the fact that they will apply retroactively.
10. FINAL PROVISIONS
a) In matters not regulated by this Agreement, the provisions of the Brazilian Civil Code and the Law on Copyright and Related Rights shall apply.
b) The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Carol Lozove, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties.
c) If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use and Terms of Service, will continue in full force and effect.
d) No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
e) All notices required to be sent to Carol Lozove under this License Agreement should be sent via email to carollozove@carollozove.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
f) All works are sent in digital file format, no physical products will be sent to the Licensee.
g) All sales are final and can’t be refundes. Any reasons for cancellation or return are not accepted.
h) A breach of the license conditions will result in the immediate termination of the license by the Author.
i) Legal action and compensation fees will be taken for violation of the terms of this license agreement and copyright violations.
All Designs and Illustrations was made by
Caroline de Oliveira Godeny (the founder of Carol Lozove)
CPF: 071.754.049-99 / Maringá, BRAZIL
the “Author”, represented by
Caroline de Oliveira Godeny
CNPJ: 33.164.420/0001-62
Maringá, BRAZIL
NON-EXCLUSIVE COMMERCIAL LICENSE FOR PATTERNS
Licensee acknowledges that by checking “I Agree” and completing the purchase process on Website carollozove.com or by paying the Invoice, Licensee has read the Full License Agreement and accept the terms of this agreement.
1. PARTIES TO THE LICENSE AGREEMENT
1.1 – This License Agreement is an agreement between:
a) Caroline de Oliveira Godeny, with its registered office in Maringá, Brazil (hereinafter referred to as: “Carol Lozove”, “Author” or “Licensor”)
and
b) The “Licensee” who is the individual person or legal person indicated as the licensee during the purchase process.
1.2 – The rights to use the Work, as a licensee, begin after accepting the terms of this contract and making payment to Carol Lozove for the rights to use the Work through the Paypal payment system, through a purchase made directly on the website: carollozove.com or via an invoice.
1.3 – For granting the license to the Licensee, the Author is entitled to remuneration – the amount indicated on the invoice or on the website.
2. GRANT OF NON-EXCLUSIVE LICENSE
By purchasing a Non-Exclusive License, Carol Lozove grants the Licensee the right to non-exclusive use of the Licensed Work.
2.1 – The Author declares that:
a) Moral and economic copyrights to the Work are in no way limited or encumbered by the rights of third parties and that the Work does not infringe the rights of third parties.
b) The Work has no legal defects, and the use of the Work will not violate any rights of third parties, including in particular property and personal rights authorship.
c) All intellectual property rights in the Work anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and Licensee has no rights in the Work except the right to use them in accordance with the terms of this License Agreement.
2.2 – Fields of exploitation
a) The Author grants the Licensee the non-exclusive and non-transferable right to reproduce the Work by any technique of printing on the fabric, without territorial limitations and with no time limit of use.
b) The Author grants the Licensee the right printing the Work on fabrics and placing on the market products created from the use of these fabrics.
c) The Author grants the Licensee’s customers the right to market the Licensee’s fabrics and products made with the use of these fabrics.
2.3 – Shipping & download the digital files in which the Work was recorded
a) Grant of license will take place at the time of obtaining remuneration by the Author.
b) The transfer of the digital files in which the Work was recorded will be done within 24 hours after payment to the Author. The digital file will be sent to the email provided at the time of purchase or to the email registered on the website, by the Licensee.
c) The Licensee will receive a link with the digital files for download to Dropbox.
2.4 – Upon completion of the License purchase, the Licensee will receive:
a) One (1) detailed technical sheet, with a brief description of the work and its creation, name and Pantone color codes and HEX codes, dimensions of the design, among other information.
b) Three (3) digital files (per colorway) of each licensed work, with the characteristics below:
• Color profile: sRGB
• File Formats: JPEG • TIFF
• Dimensions (each repeat tile): 2362 x 2362 px (20x20cm) 3600 x 3600 px (30x30cm) 7200 x 7200 px (60x60cm)
• Resolution: 300 DPI
Note: If the Licensee requires a color profile or file format different from those listed above, they must contact the Author and request the change. No additional costs will be charged.
2.5 – General Rules and Limitations
a) Each pack of file with non-exclusive colors (background colors) of the pattern may be licensed multiple times by different Licensees.
b) The licensee does not have rights to the illustrations, elements and characters contained in the design.
c) The Licensee is only purchasing the Non-Exclusive License for the design as a ready-made standard and not purchasing the illustrations, elements and characters contained therein.
d) Each non-exclusive licensed design may not has a unique pattern, the Author can create future designs with an similar pattern at his or her sole discretion.
e) Changing the original color (background color) is possible after the purchase is successful. The Licensee may request up to one (1) change/replacement of the original color/background color at no additional cost. The Licensee must provide the new Pantone or Hex code desired, and the request for the change must be made before receiving the link with the digital file of the Work for download. Once the original color code has been changed at the request of the Licensee, the original color will again be available for Licensing. The Licensee will no longer have the right to use the original color unless he purchases a new License for that color. In the event that the Licensee requests more than one (1) change/replacement of the original background color, the amount corresponding to one License will be charged for each new color requested.
f) The color options for each Work are not limited to the quantity presented by the Author on website or social networks. The Author may create additional background colors for each licensed work, at his/her sole discretion, and make them available for sale. Provided that each new color has a Pantone or Hex code different from the colors already licensed.
g) Elements and characters may be used in future designs and other Carol Lozove projects and products at its sole discretion.
3. COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits both Non-Commercial and Commercial use of the Licensed Work. Defined use:
3.1 – Commercial Use
“Commercial” use is any use that involves the exchange of money or other consideration, that promotes a business, product or service, or where financial gain or other consideration is sought or results, directly or indirectly, from Licensee’s use of the Licensed Work.
3.2 – Non-Commercial Use (Personal)
“Non-commercial” use is use exclusively for personal, non-profit purposes.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
4.1 – End Product
✔︎ Licensee may print the Licensed Work as repeat pattern onto fabric only.
Note: Non-Exclusive license available for wallpaper and other fields of exploitation, contact me to obtain a specific license.
✔︎ Licensee may print unlimited square meters of fabric.
Use of the Licensed Work for ANY purpose other than what is listed above is prohibited.
4.2 – Digital publishing on websites and social media
✔︎ The Work may only be published on one (1) corporate social media account and one (1) website owned and administered by the Licensee.
✔︎ The Work may only be published on social networks and websites if applied to a model corresponding to the fields of exploration Licensed by the Licensee. For example, if the licensed field of exploration is fabric, the Licensee may create digital publications with the work applied to fabric models, rolls of fabric, clothing, products made with fabric, etc. Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, even with a watermark, it is strictly prohibited.
4.3 – Digital advertisements (paid or free)
✔︎ The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
4.4 – Traditional Physical advertisements (paid or free)
✔︎ The Licensee may use the Works to create advertising in Local Market. The use includes such advertisements as billboards and print ads.
5. STRICTLY PROHIBITED USES
✘ The Licensee may not sublicense, distribute, donate, repost, trade, resell, share the Licensed Work, or any parts thereof, as stock or in any other way.
✘ It is prohibited for any user other than the Licensee to have access to the Licensed Work. Only the person responsible for the purchase will be able to use the Works, being the natural or legal person registered at the time of purchase. Sublicensing to third parties is prohibited with limited exceptions for printing service providers (As expressly permitted in Section 6).
✘ The Licensee may not use the Licensed Work in brands, logos and any other item that forms part of a commercial visual identity.
✘ The Licensee can’t modify Licensed Work, such as colors, copyright characteristics, format, etc. The licensee is only authorized to use them as they are originally.
✘ It is expressly prohibited to use the Licensed Work for the training of, or supplying of content to, any artificial intelligence program or machine learning technology of any kind, including technologies capable of generating works in the same style or genre as the artist.
✘ Licensed Work may not be used as part of a trademark. The Licensed Work may not be used as part of a trademark. Licensee is not permitted to, and shall not attempt to, register, protect, or enforce any trademark or similar rights in the Licensed Work.
✘ The Licensee may not vectorize the Licensed Work.
✘ The Licensee must not modify the Licensed Work in any way, nor take and reuse elements of the designs.
✘ Using the Licenced Work to create any type of digital, non-tangible, or digitally distributable product for commercial use is strictly prohibited. Digital products including, but not limited to, designs, social media images, online advertisement, website elements, online and mobile applications, wallpapers for digital devices such as phones or tablets, digital publications like digital magazines, cards, digital papers, NFTs, etc.
✘ The Licensee may not use the Licensed Work in digital products distributed for free.
✘ The Licensee may not use the Licensed Work to create paintings, printables, posters/wall art and
fine art prints for sale, whether in physical or digital format.
✘ The Licensee may not incorporate the Licensed Work into digital products in PDF format or any other format that allows the original items to be extracted.
✘ It is strictly prohibited to falsely represent the authorship and/or ownership of the Licensed Work.
✘ The Licensee may not use the Licensed Work in editorials, books, blogs, magazines, e-books. (It is only permitted to quote in books, newspapers, magazines or any other means of communication, excerpts from any work, for the purposes of study, criticism or controversy, to the extent justified for the purpose to be achieved, indicating the name of the Author and the origin of the work: Artwork by ©Carol Lozove.
✘ The Licensee will not be able to use the Licensed Work in the development of games, applications in general, websites, social networks and software.
✘ The Licensee may not use the Licensed Work to create any type of continuous design or pattern.
✘ The Licensee may not resell or sublicense any of the Licensed Work on microstock sites or any other digital asset upload, download, or print-on-demand sites such as Creative Market, Shutterstock, Etsy, Freepik, Adobe Stock, Teepublic , Red Bubble, Society 6, etc.
✘ The Licensee may not provide or share any of the Licensed Work, or part thereof, to any third party, in a digital asset management system, on a shared disk, drives, collective system, make collective purchases and/or share the Designs and Works of art in online drives, groups of people, social media groups or of any other nature or in any other similar system, digital or physical, for the purposes of sharing or transferring files, whether for profit or not, personal or commercials.
✘ The Licensee may not making public or sharing the Licensed Work in any way that allows others to download, screenshot, extract, or redistribute Licensed Work as a standalone file is its original form is strictly prohibited. For the sake of clarification, an example of such prohibited usage would be to share or post the Work in its original form, without watermarks, on social media accounts, websites, or as part of online advertisement, to promote the physical products created with the Licensed Work or for any other commercial or non-commercial purpose.
✘ The Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, it is strictly prohibited.
✘ It is not permitted to use the Licensed Work as references and/or reproduce them in other types of final physical products, such as: decorated cookies, fiber characters and in general, felt molds, cookies, porcelain paintings, EVA, embroidery, plush, etc.
✘ Physical (printed) advertising for commercial use in national or global markets is prohibited.
✘ The Licensee may not use the Licensed Work in pornographic, defamatory, offensive or illegal content.
✘ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6. SUBLICENSING
6.1 – This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 6.2.
6.2 – Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only one situation:
To manufacture, market, or distribute completed End Uses that use the Licensed Work (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use service providers to print on its fabrics.
7. ATTRIBUTION
7.1 – No credit is required, though it is always appreciated.
7.2 – How to provide credit: Artwork by ©Carol Lozove.
8. CORRECTION OF DIGITAL FILES
8.1 – In the case of a digital work, with a defect or error, originating from this website or creation studio of Author, Carol Lozove guarantees the correction of the digital work if the “defect” or “error” meets the criteria below:
a) When exporting or saving, as long as the defect or error is of proven origin in the Author’s database and history.
b) In the digital edition or finalization of the work of art, provided that the defect or error is relevant at the sole professional discretion of the Author, or causes any significant visual damage to the design.
All corrections will be made upon proof that the defects and errors actually originate from the Author. If it is not proven that the defects and errors originate from the Author or her website, requests for corrections or any other support for the digital work will not be accepted.
9. GENERAL LEGAL PROVISIONS
9.1 – Intellectual Property
a) All Works, images, digital files, illustrations and creations by Carol Lozove are protected by the Brazilian Copyright Law – Law No. 9,610/98, Berne Convention, Inter-American Copyright Convention and Universal Copyright Convention.
b) Any Work of Art must only be purchased on the official website www.carollozove.com and claimed only on the official Instagram profile: @carollozove. Any purchase, receipt, acquisition, commercialization or any other type of use of the work of art or any designs and illustrations, through other websites, platforms or third parties, and without the express written authorization of the Author Carol Lozove, will be considered unauthorized use.
c) By purchasing the license to use the patterns and download the Works in digital format through the website carollozove.com, or through an external download link sent directly by the Author Carol Lozove, the Licensee acknowledges that all intellectual property rights in the art anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and the Licensee has no rights in the Work, except the right to use it in accordance with the terms of this License Agreement and the Licensee accepts and represents that agrees to the Terms of this Agreement. A copy of the License Agreement will be sent to the Licensee, in PDF format, together with the digital file of the Licensed Work.
9.2 – Termination of the Agreement
Carol Lozove may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Carol Lozove. In which case Licensee must immediately:
a) Cease and desist using the Works.
b) Remove or destroy any copies.
c) At Carol Lozove’s request, confirm in writing that they have complied with the above requirements.
Carol Lozove may also terminate the Agreement due to misuse of the Works on social media or any other third party website, and such service or website uses (or announces that it plans to use) the Works. for its own purposes or in a manner inconsistent with this Agreement. In this case, the Contract will be immediately terminated.
9.3 – Withdrawal of Works
At any time, Carol Lozove may discontinue licensing the Licensed Works at its sole discretion.
9.4 – Audit
a) Upon reasonable notice, Licensee agrees to provide to Carol Lozove sample copies of projects or end uses that contain Licensed Asset, including by providing Carol Lozove with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Carol Lozove may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Carol Lozove of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Carol Lozove the amount of the underpayment and any other remedies to which Carol Lozove is entitled, Licensee also agree to reimburse Carol Lozove for the costs of conducting the audit.
b) In the event that Carol Lozove becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Carol Lozove’s request, provide Carol Lozove with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Carol Lozove.
9.5 – Disclaimer of Warranties
a) Licensee’s Use Of The Licensed Asset is at the Licensee’s own Risk. The Licensed Asset is provided on an “as is” And “as available” Basis, Carol Lozove hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Carol Lozove does not guarantee that the quality of any product, service, information or other material purchased or requested by the Licensee, offered by Carol Lozove, will meet the Licensee’s expectations and does not guarantee that the functioning of the services and resources, offered by Carol Lozove, will be uninterrupted or error free.
b) Carol Lozove does not guarantee that the display of Work will be accurate or that it will match any color displayed on on the Licensee’s computer monitor, smartphone or any other electronic device. The files follow an internal color profile standard, chosen by Carol Lozove, when exporting the designs, in the following formats: .PNG, .JPEG/JPG, .TIFF or .PDF. The files are subject to small color variations when viewed on electronic device screens and/or printed on fabrics or any other type of material.
9.6 – Limitation on Liability
a) Carol Lozove not responsible for any non-performance or delay of obligations and services, reported in this agreement, or in any separate agreements whereby her provide services to the Licensee, for reasons or events beyond her control, including, but not limited to, network failure of internet, problems with private network providers and failures in public or private communications.
b) Carol Lozove not responsible for any results or errors regarding printing, from the Works, on any type of material used by by the Licensee.
c) Carol Lozove not responsible for any problems regarding the use of the Works on computers or smartphones, editing software, printers and operating systems.
d) Carol Lozove not provide technical support for computers and printers.
e) Carol Lozove not provide support for printing.
f) Under no circumstances will the Author be liable to the Licensee or any third party for any special, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect. Under no circumstances will the Author be liable to to the Licensee or any third party for any events that are beyond my control – this includes, but is not limited to, industrial strikes, natural disasters, terrorism, civil unrest or any other event that can be determined as force majeure.
g) All Designs are checked before being released for sale, and it is the Licensee’s sole responsibility to resolve any problem related to opening and/or viewing, and editing the files on computers or any type of electronic device or editing software.
h) It is Licensee’s responsibility to check this page periodically for changes. Licensee’s continued use of, access to the site, or use of any of Work following the posting of any changes constitutes acceptance of this agreement. The Licensee may always review the most current version of this license agreement at any time on this page.
i) Carol Lozove is not responsible for any expenses related to the production of any type of made-up product and fabrics printed with defective designs. In case of defective files, or any other type of error, originating from this website or creation studio of Author (provided that the errors and defects are those expressly described in section 4) Carol Lozove guarantees that the file will be corrected and sent for replacement through a download link, which will be sent to the Licensee’s email.
9.7 – Choice of Law and Forum
a) All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Brazil, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Brazil, with Carol Lozove reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
b) The Court of Maringá-PR – Brazil is hereby elected to resolve any doubts arising from this contract, to the exclusion of any other, however privileged it may be.
9.8 – Entire Agreement
This License Agreement, together with the Carol Lozove Terms of Use (“Terms of Use and “Terms of Service”) constitutes the sole and entire agreement between Licensee on the one hand and Carol Lozove as Author and Shop Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.
9.9 – Modifications
Carol Lozove may modify this License Agreement by posting an updated version on the Carol Lozove website. The current version of the License Agreement published at the time of purchase will apply to purchases (even if the Licensed Asset is downloaded after updating the License Agreement). Updated versions of the License Agreement will not apply retroactively to previous purchases unless:
a) Licensee is notified of its choice to apply the updated terms to previous purchases and expressly agrees, for example, by clicking “I agree” or in writing.
b) Such modification does not adversely affect any rights of Licensee and Carol Lozove shall notify the Licensee of the changes and of the fact that they will apply retroactively.
10. FINAL PROVISIONS
a) In matters not regulated by this Agreement, the provisions of the Brazilian Civil Code and the Law on Copyright and Related Rights shall apply.
b) The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Carol Lozove, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties.
c) If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use and Terms of Service, will continue in full force and effect.
d) No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
e) All notices required to be sent to Carol Lozove under this License Agreement should be sent via email to carollozove@carollozove.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
f) All works are sent in digital file format, no physical products will be sent to the Licensee.
g) All sales are final and can’t be refundes. Any reasons for cancellation or return are not accepted.
h) A breach of the license conditions will result in the immediate termination of the license by the Author.
i) Legal action and compensation fees will be taken for violation of the terms of this license agreement and copyright violations.
All Designs and Illustrations was made by
Caroline de Oliveira Godeny (the founder of Carol Lozove)
CPF: 071.754.049-99 / Maringá, BRAZIL
the “Author”, represented by
Caroline de Oliveira Godeny
CNPJ: 33.164.420/0001-62
Maringá, BRAZIL
License Agreement
EXCLUSIVE COMMERCIAL LICENSE FOR PATTERNS
Licensee acknowledges that by checking “I Agree” and completing the purchase process on Website carollozove.com or by paying the Invoice, Licensee has read the Full License Agreement and accept the terms of this agreement.
1. PARTIES TO THE LICENSE AGREEMENT
- 1.1 – This License Agreement is an agreement between:
- a) Caroline de Oliveira Godeny, with its registered office in Maringá, Brazil (hereinafter referred to as: “Carol Lozove”, “Author” or “Licensor”)
- and
- b) The “Licensee” who is the individual person or legal person indicated as the licensee during the purchase process.
- 1.2 – The rights to use the Work, as a licensee, begin after accepting the terms of this contract and making payment to Carol Lozove for the rights to use the Work through the Paypal payment system, through a purchase made directly on the website: carollozove.com or via an invoice.
- 1.3 – For granting the license to the Licensee, the Author is entitled to remuneration – the amount indicated on the invoice or on the website.
2. GRANT OF EXCLUSIVE LICENSE
By purchasing an Exclusive License, Carol Lozove grants the Licensee the right to exclusive use of the Licensed Work.
- 2.1 – The Author declares that:
- a) Moral and economic copyrights to the Work are in no way limited or encumbered by the rights of third parties and that the Work does not infringe the rights of third parties.
- b) The Work has no legal defects, and the use of the Work will not violate any rights of third parties, including in particular property and personal rights authorship.
c) All intellectual property rights in the Work anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and Licensee has no rights in the Work except the right to use them in accordance with the terms of this License Agreement.
2.2 – Fields of exploitation
a) The Author grants the Licensee the exclusive and non-transferable right to reproduce the Work by any technique of printing on the fabric, without territorial limitations and with no time limit of use.
b) The Author grants the Licensee the right printing the Work on fabrics and placing on the market products created from the use of these fabrics.
c) The Author grants the Licensee’s customers the right to market the Licensee’s fabrics and products made with the use of these fabrics.
2.3 – Shipping & download the digital files in which the Work was recorded
a) Grant of license will take place at the time of obtaining remuneration by the Author.
b) The transfer of the digital files in which the Work was recorded will be done within 24 hours after payment to the Author. The digital file will be sent to the email provided at the time of purchase or to the email registered on the website, by the Licensee.
c) The Licensee will receive a link with the digital files for download to Dropbox.
2.4 – Upon completion of the License purchase, the Licensee will receive:
a) One (1) detailed technical sheet, with a brief description of the work and its creation, name and Pantone color codes and HEX codes, dimensions of the design, among other information.
b) Three (3) digital files (per colorway) of each licensed work, with the characteristics below:
• Color profile: sRGB
• File Formats: JPEG • TIFF
• Dimensions (each repeat tile): 2362 x 2362 px (20x20cm) 3600 x 3600 px (30x30cm) 7200 x 7200 px (60x60cm)
• Resolution: 300 DPINote: If the Licensee requires a color profile or file format different from those listed above, they must contact the Author and request the change. No additional costs will be charged.
2.5 – General Rules and Limitations
a) Each exclusive colorway (background color) of the pattern may only be licensed once by a single Licensee.
b) Exclusivity is restricted to the colorway (background color) of the licensed design. The licensee does not have exclusive rights to the illustrations, elements and characters contained in the design.
c) The Licensee is only purchasing the Exclusive License for the design as a ready-made standard and not purchasing the illustrations, elements and characters contained therein.
d) Each exclusive licensed design has a unique pattern, the Author guarantees that he will not create future designs with the same pattern. Guaranteeing the Licensee the exclusivity of the Work.
e) Changing the original color (background color) is possible after the purchase is successful. The Licensee may request up to one (1) change/replacement of the original color/background color at no additional cost. The Licensee must provide the new Pantone or Hex code desired, and the request for the change must be made before receiving the link with the digital file of the Work for download. Once the original color code has been changed at the request of the Licensee, the original color will again be available for Licensing. The Licensee will no longer have the right to use the original color unless he purchases a new License for that color. In the event that the Licensee requests more than one (1) change/replacement of the original background color, the amount corresponding to one License will be charged for each new color requested.
f) The color options for each Work are not limited to the quantity presented by the Author on website or social networks. The Author may create additional background colors for each licensed work, at his/her sole discretion, and make them available for sale. Provided that each new color has a Pantone or Hex code different from the colors already licensed.
g) Elements and characters may be used in future designs and other Carol Lozove projects and products at its sole discretion.
3. COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits both Non-Commercial and Commercial use of the Licensed Work. Defined use:
3.1 – Commercial Use
“Commercial” use is any use that involves the exchange of money or other consideration, that promotes a business, product or service, or where financial gain or other consideration is sought or results, directly or indirectly, from Licensee’s use of the Licensed Work.
3.2 – Non-Commercial Use (Personal)
“Non-commercial” use is use exclusively for personal, non-profit purposes.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
4.1 – End Product
✔︎ Licensee may print the Licensed Work as repeat pattern onto fabric only.
Note: Exclusive license available for wallpaper and other fields of exploitation, contact me to obtain a specific license.
✔︎ Licensee may print unlimited square meters of fabric.
Use of the Licensed Work for ANY purpose other than what is listed above is prohibited.
4.2 – Digital publishing on websites and social media
✔︎ The Work may only be published on one (1) corporate social media account and one (1) website owned and administered by the Licensee.
✔︎ The Work may only be published on social networks and websites if applied to a model corresponding to the fields of exploration Licensed by the Licensee. For example, if the licensed field of exploration is fabric, the Licensee may create digital publications with the work applied to fabric models, rolls of fabric, clothing, products made with fabric, etc. Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, even with a watermark, it is strictly prohibited.
4.3 – Digital advertisements (paid or free)
✔︎ The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
4.4 – Traditional Physical advertisements (paid or free)
✔︎ The Licensee may use the Works to create advertising in Local Market. The use includes such advertisements as billboards and print ads.
5. STRICTLY PROHIBITED USES
✘ The Licensee may not sublicense, distribute, donate, repost, trade, resell, share the Licensed Work, or any parts thereof, as stock or in any other way.
✘ It is prohibited for any user other than the Licensee to have access to the Licensed Work. Only the person responsible for the purchase will be able to use the Works, being the natural or legal person registered at the time of purchase. Sublicensing to third parties is prohibited with limited exceptions for printing service providers (As expressly permitted in Section 6).
✘ The Licensee may not use the Licensed Work in brands, logos and any other item that forms part of a commercial visual identity.
✘ The Licensee can’t modify Licensed Work, such as colors, copyright characteristics, format, etc. The licensee is only authorized to use them as they are originally.
✘ It is expressly prohibited to use the Licensed Work for the training of, or supplying of content to, any artificial intelligence program or machine learning technology of any kind, including technologies capable of generating works in the same style or genre as the artist.
✘ Licensed Work may not be used as part of a trademark. The Licensed Work may not be used as part of a trademark. Licensee is not permitted to, and shall not attempt to, register, protect, or enforce any trademark or similar rights in the Licensed Work.
✘ The Licensee may not vectorize the Licensed Work.
✘ The Licensee must not modify the Licensed Work in any way, nor take and reuse elements of the designs.
✘ Using the Licenced Work to create any type of digital, non-tangible, or digitally distributable product for commercial use is strictly prohibited. Digital products including, but not limited to, designs, social media images, online advertisement, website elements, online and mobile applications, wallpapers for digital devices such as phones or tablets, digital publications like digital magazines, cards, digital papers, NFTs, etc.
✘ The Licensee may not use the Licensed Work in digital products distributed for free.
✘ The Licensee may not use the Licensed Work to create paintings, printables, posters/wall art and
fine art prints for sale, whether in physical or digital format.
✘ The Licensee may not incorporate the Licensed Work into digital products in PDF format or any other format that allows the original items to be extracted.
✘ It is strictly prohibited to falsely represent the authorship and/or ownership of the Licensed Work.
✘ The Licensee may not use the Licensed Work in editorials, books, blogs, magazines, e-books. (It is only permitted to quote in books, newspapers, magazines or any other means of communication, excerpts from any work, for the purposes of study, criticism or controversy, to the extent justified for the purpose to be achieved, indicating the name of the Author and the origin of the work: Artwork by ©Carol Lozove.
✘ The Licensee will not be able to use the Licensed Work in the development of games, applications in general, websites, social networks and software.
✘ The Licensee may not use the Licensed Work to create any type of continuous design or pattern.
✘ The Licensee may not resell or sublicense any of the Licensed Work on microstock sites or any other digital asset upload, download, or print-on-demand sites such as Creative Market, Shutterstock, Etsy, Freepik, Adobe Stock, Teepublic , Red Bubble, Society 6, etc.
✘ The Licensee may not provide or share any of the Licensed Work, or part thereof, to any third party, in a digital asset management system, on a shared disk, drives, collective system, make collective purchases and/or share the Designs and Works of art in online drives, groups of people, social media groups or of any other nature or in any other similar system, digital or physical, for the purposes of sharing or transferring files, whether for profit or not, personal or commercials.
✘ The Licensee may not making public or sharing the Licensed Work in any way that allows others to download, screenshot, extract, or redistribute Licensed Work as a standalone file is its original form is strictly prohibited. For the sake of clarification, an example of such prohibited usage would be to share or post the Work in its original form, without watermarks, on social media accounts, websites, or as part of online advertisement, to promote the physical products created with the Licensed Work or for any other commercial or non-commercial purpose.
✘ The Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, it is strictly prohibited.
✘ It is not permitted to use the Licensed Work as references and/or reproduce them in other types of final physical products, such as: decorated cookies, fiber characters and in general, felt molds, cookies, porcelain paintings, EVA, embroidery, plush, etc.
✘ Physical (printed) advertising for commercial use in national or global markets is prohibited.
✘ The Licensee may not use the Licensed Work in pornographic, defamatory, offensive or illegal content.
✘ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6. SUBLICENSING
6.1 – This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 6.2.
6.2 – Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only one situation:
To manufacture, market, or distribute completed End Uses that use the Licensed Work (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use service providers to print on its fabrics.
7. ATTRIBUTION
7.1 – No credit is required, though it is always appreciated.
7.2 – How to provide credit: Artwork by ©Carol Lozove.
8. CORRECTION OF DIGITAL FILES
8.1 – In the case of a digital work, with a defect or error, originating from this website or creation studio of Author, Carol Lozove guarantees the correction of the digital work if the “defect” or “error” meets the criteria below:
a) When exporting or saving, as long as the defect or error is of proven origin in the Author’s database and history.
b) In the digital edition or finalization of the work of art, provided that the defect or error is relevant at the sole professional discretion of the Author, or causes any significant visual damage to the design.
All corrections will be made upon proof that the defects and errors actually originate from the Author. If it is not proven that the defects and errors originate from the Author or her website, requests for corrections or any other support for the digital work will not be accepted.
9. GENERAL LEGAL PROVISIONS
9.1 – Intellectual Property
a) All Works, images, digital files, illustrations and creations by Carol Lozove are protected by the Brazilian Copyright Law – Law No. 9,610/98, Berne Convention, Inter-American Copyright Convention and Universal Copyright Convention.
b) Any Work of Art must only be purchased on the official website www.carollozove.com and claimed only on the official Instagram profile: @carollozove. Any purchase, receipt, acquisition, commercialization or any other type of use of the work of art or any designs and illustrations, through other websites, platforms or third parties, and without the express written authorization of the Author Carol Lozove, will be considered unauthorized use.
c) By purchasing the license to use the patterns and download the Works in digital format through the website carollozove.com, or through an external download link sent directly by the Author Carol Lozove, the Licensee acknowledges that all intellectual property rights in the art anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and the Licensee has no rights in the Work, except the right to use it in accordance with the terms of this License Agreement and the Licensee accepts and represents that agrees to the Terms of this Agreement. A copy of the License Agreement will be sent to the Licensee, in PDF format, together with the digital file of the Licensed Work.
9.2 – Termination of the Agreement
Carol Lozove may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Carol Lozove. In which case Licensee must immediately:
a) Cease and desist using the Works.
b) Remove or destroy any copies.
c) At Carol Lozove’s request, confirm in writing that they have complied with the above requirements.
Carol Lozove may also terminate the Agreement due to misuse of the Works on social media or any other third party website, and such service or website uses (or announces that it plans to use) the Works. for its own purposes or in a manner inconsistent with this Agreement. In this case, the Contract will be immediately terminated.
9.3 – Withdrawal of Works
At any time, Carol Lozove may discontinue licensing the Licensed Works at its sole discretion.
9.4 – Audit
a) Upon reasonable notice, Licensee agrees to provide to Carol Lozove sample copies of projects or end uses that contain Licensed Asset, including by providing Carol Lozove with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Carol Lozove may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Carol Lozove of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Carol Lozove the amount of the underpayment and any other remedies to which Carol Lozove is entitled, Licensee also agree to reimburse Carol Lozove for the costs of conducting the audit.
b) In the event that Carol Lozove becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Carol Lozove’s request, provide Carol Lozove with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Carol Lozove.
9.5 – Disclaimer of Warranties
a) Licensee’s Use Of The Licensed Asset is at the Licensee’s own Risk. The Licensed Asset is provided on an “as is” And “as available” Basis, Carol Lozove hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Carol Lozove does not guarantee that the quality of any product, service, information or other material purchased or requested by the Licensee, offered by Carol Lozove, will meet the Licensee’s expectations and does not guarantee that the functioning of the services and resources, offered by Carol Lozove, will be uninterrupted or error free.
b) Carol Lozove does not guarantee that the display of Work will be accurate or that it will match any color displayed on on the Licensee’s computer monitor, smartphone or any other electronic device. The files follow an internal color profile standard, chosen by Carol Lozove, when exporting the designs, in the following formats: .PNG, .JPEG/JPG, .TIFF or .PDF. The files are subject to small color variations when viewed on electronic device screens and/or printed on fabrics or any other type of material.
9.6 – Limitation on Liability
a) Carol Lozove not responsible for any non-performance or delay of obligations and services, reported in this agreement, or in any separate agreements whereby her provide services to the Licensee, for reasons or events beyond her control, including, but not limited to, network failure of internet, problems with private network providers and failures in public or private communications.
b) Carol Lozove not responsible for any results or errors regarding printing, from the Works, on any type of material used by by the Licensee.
c) Carol Lozove not responsible for any problems regarding the use of the Works on computers or smartphones, editing software, printers and operating systems.
d) Carol Lozove not provide technical support for computers and printers.
e) Carol Lozove not provide support for printing.
f) Under no circumstances will the Author be liable to the Licensee or any third party for any special, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect. Under no circumstances will the Author be liable to to the Licensee or any third party for any events that are beyond my control – this includes, but is not limited to, industrial strikes, natural disasters, terrorism, civil unrest or any other event that can be determined as force majeure.
g) All Designs are checked before being released for sale, and it is the Licensee’s sole responsibility to resolve any problem related to opening and/or viewing, and editing the files on computers or any type of electronic device or editing software.
h) It is Licensee’s responsibility to check this page periodically for changes. Licensee’s continued use of, access to the site, or use of any of Work following the posting of any changes constitutes acceptance of this agreement. The Licensee may always review the most current version of this license agreement at any time on this page.
i) Carol Lozove is not responsible for any expenses related to the production of any type of made-up product and fabrics printed with defective designs. In case of defective files, or any other type of error, originating from this website or creation studio of Author (provided that the errors and defects are those expressly described in section 4) Carol Lozove guarantees that the file will be corrected and sent for replacement through a download link, which will be sent to the Licensee’s email.
9.7 – Choice of Law and Forum
a) All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Brazil, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Brazil, with Carol Lozove reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
b) The Court of Maringá-PR – Brazil is hereby elected to resolve any doubts arising from this contract, to the exclusion of any other, however privileged it may be.
9.8 – Entire Agreement
This License Agreement, together with the Carol Lozove Terms of Use (“Terms of Use and “Terms of Service”) constitutes the sole and entire agreement between Licensee on the one hand and Carol Lozove as Author and Shop Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.
9.9 – Modifications
Carol Lozove may modify this License Agreement by posting an updated version on the Carol Lozove website. The current version of the License Agreement published at the time of purchase will apply to purchases (even if the Licensed Asset is downloaded after updating the License Agreement). Updated versions of the License Agreement will not apply retroactively to previous purchases unless:
a) Licensee is notified of its choice to apply the updated terms to previous purchases and expressly agrees, for example, by clicking “I agree” or in writing.
b) Such modification does not adversely affect any rights of Licensee and Carol Lozove shall notify the Licensee of the changes and of the fact that they will apply retroactively.
10. FINAL PROVISIONS
a) In matters not regulated by this Agreement, the provisions of the Brazilian Civil Code and the Law on Copyright and Related Rights shall apply.
b) The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Carol Lozove, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties.
c) If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use and Terms of Service, will continue in full force and effect.
d) No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
e) All notices required to be sent to Carol Lozove under this License Agreement should be sent via email to carollozove@carollozove.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
f) All works are sent in digital file format, no physical products will be sent to the Licensee.
g) All sales are final and can’t be refundes. Any reasons for cancellation or return are not accepted.
h) A breach of the license conditions will result in the immediate termination of the license by the Author.
i) Legal action and compensation fees will be taken for violation of the terms of this license agreement and copyright violations.
All Designs and Illustrations was made by
Caroline de Oliveira Godeny (the founder of Carol Lozove)
CPF: 071.754.049-99 / Maringá, BRAZIL
the “Author”, represented by
Caroline de Oliveira Godeny
CNPJ: 33.164.420/0001-62
Maringá, BRAZIL
NON-EXCLUSIVE COMMERCIAL LICENSE FOR PATTERNS
Licensee acknowledges that by checking “I Agree” and completing the purchase process on Website carollozove.com or by paying the Invoice, Licensee has read the Full License Agreement and accept the terms of this agreement.
1. PARTIES TO THE LICENSE AGREEMENT
1.1 – This License Agreement is an agreement between:
a) Caroline de Oliveira Godeny, with its registered office in Maringá, Brazil (hereinafter referred to as: “Carol Lozove”, “Author” or “Licensor”)
and
b) The “Licensee” who is the individual person or legal person indicated as the licensee during the purchase process.
1.2 – The rights to use the Work, as a licensee, begin after accepting the terms of this contract and making payment to Carol Lozove for the rights to use the Work through the Paypal payment system, through a purchase made directly on the website: carollozove.com or via an invoice.
1.3 – For granting the license to the Licensee, the Author is entitled to remuneration – the amount indicated on the invoice or on the website.
2. GRANT OF NON-EXCLUSIVE LICENSE
By purchasing a Non-Exclusive License, Carol Lozove grants the Licensee the right to non-exclusive use of the Licensed Work.
2.1 – The Author declares that:
a) Moral and economic copyrights to the Work are in no way limited or encumbered by the rights of third parties and that the Work does not infringe the rights of third parties.
b) The Work has no legal defects, and the use of the Work will not violate any rights of third parties, including in particular property and personal rights authorship.
c) All intellectual property rights in the Work anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and Licensee has no rights in the Work except the right to use them in accordance with the terms of this License Agreement.
2.2 – Fields of exploitation
a) The Author grants the Licensee the non-exclusive and non-transferable right to reproduce the Work by any technique of printing on the fabric, without territorial limitations and with no time limit of use.
b) The Author grants the Licensee the right printing the Work on fabrics and placing on the market products created from the use of these fabrics.
c) The Author grants the Licensee’s customers the right to market the Licensee’s fabrics and products made with the use of these fabrics.
2.3 – Shipping & download the digital files in which the Work was recorded
a) Grant of license will take place at the time of obtaining remuneration by the Author.
b) The transfer of the digital files in which the Work was recorded will be done within 24 hours after payment to the Author. The digital file will be sent to the email provided at the time of purchase or to the email registered on the website, by the Licensee.
c) The Licensee will receive a link with the digital files for download to Dropbox.
2.4 – Upon completion of the License purchase, the Licensee will receive:
a) One (1) detailed technical sheet, with a brief description of the work and its creation, name and Pantone color codes and HEX codes, dimensions of the design, among other information.
b) Three (3) digital files (per colorway) of each licensed work, with the characteristics below:
• Color profile: sRGB
• File Formats: JPEG • TIFF
• Dimensions (each repeat tile): 2362 x 2362 px (20x20cm) 3600 x 3600 px (30x30cm) 7200 x 7200 px (60x60cm)
• Resolution: 300 DPI
Note: If the Licensee requires a color profile or file format different from those listed above, they must contact the Author and request the change. No additional costs will be charged.
2.5 – General Rules and Limitations
a) Each pack of file with non-exclusive colors (background colors) of the pattern may be licensed multiple times by different Licensees.
b) The licensee does not have rights to the illustrations, elements and characters contained in the design.
c) The Licensee is only purchasing the Non-Exclusive License for the design as a ready-made standard and not purchasing the illustrations, elements and characters contained therein.
d) Each non-exclusive licensed design may not has a unique pattern, the Author can create future designs with an similar pattern at his or her sole discretion.
e) Changing the original color (background color) is possible after the purchase is successful. The Licensee may request up to one (1) change/replacement of the original color/background color at no additional cost. The Licensee must provide the new Pantone or Hex code desired, and the request for the change must be made before receiving the link with the digital file of the Work for download. Once the original color code has been changed at the request of the Licensee, the original color will again be available for Licensing. The Licensee will no longer have the right to use the original color unless he purchases a new License for that color. In the event that the Licensee requests more than one (1) change/replacement of the original background color, the amount corresponding to one License will be charged for each new color requested.
f) The color options for each Work are not limited to the quantity presented by the Author on website or social networks. The Author may create additional background colors for each licensed work, at his/her sole discretion, and make them available for sale. Provided that each new color has a Pantone or Hex code different from the colors already licensed.
g) Elements and characters may be used in future designs and other Carol Lozove projects and products at its sole discretion.
3. COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits both Non-Commercial and Commercial use of the Licensed Work. Defined use:
3.1 – Commercial Use
“Commercial” use is any use that involves the exchange of money or other consideration, that promotes a business, product or service, or where financial gain or other consideration is sought or results, directly or indirectly, from Licensee’s use of the Licensed Work.
3.2 – Non-Commercial Use (Personal)
“Non-commercial” use is use exclusively for personal, non-profit purposes.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
4.1 – End Product
✔︎ Licensee may print the Licensed Work as repeat pattern onto fabric only.
Note: Non-Exclusive license available for wallpaper and other fields of exploitation, contact me to obtain a specific license.
✔︎ Licensee may print unlimited square meters of fabric.
Use of the Licensed Work for ANY purpose other than what is listed above is prohibited.
4.2 – Digital publishing on websites and social media
✔︎ The Work may only be published on one (1) corporate social media account and one (1) website owned and administered by the Licensee.
✔︎ The Work may only be published on social networks and websites if applied to a model corresponding to the fields of exploration Licensed by the Licensee. For example, if the licensed field of exploration is fabric, the Licensee may create digital publications with the work applied to fabric models, rolls of fabric, clothing, products made with fabric, etc. Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, even with a watermark, it is strictly prohibited.
4.3 – Digital advertisements (paid or free)
✔︎ The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
4.4 – Traditional Physical advertisements (paid or free)
✔︎ The Licensee may use the Works to create advertising in Local Market. The use includes such advertisements as billboards and print ads.
5. STRICTLY PROHIBITED USES
✘ The Licensee may not sublicense, distribute, donate, repost, trade, resell, share the Licensed Work, or any parts thereof, as stock or in any other way.
✘ It is prohibited for any user other than the Licensee to have access to the Licensed Work. Only the person responsible for the purchase will be able to use the Works, being the natural or legal person registered at the time of purchase. Sublicensing to third parties is prohibited with limited exceptions for printing service providers (As expressly permitted in Section 6).
✘ The Licensee may not use the Licensed Work in brands, logos and any other item that forms part of a commercial visual identity.
✘ The Licensee can’t modify Licensed Work, such as colors, copyright characteristics, format, etc. The licensee is only authorized to use them as they are originally.
✘ It is expressly prohibited to use the Licensed Work for the training of, or supplying of content to, any artificial intelligence program or machine learning technology of any kind, including technologies capable of generating works in the same style or genre as the artist.
✘ Licensed Work may not be used as part of a trademark. The Licensed Work may not be used as part of a trademark. Licensee is not permitted to, and shall not attempt to, register, protect, or enforce any trademark or similar rights in the Licensed Work.
✘ The Licensee may not vectorize the Licensed Work.
✘ The Licensee must not modify the Licensed Work in any way, nor take and reuse elements of the designs.
✘ Using the Licenced Work to create any type of digital, non-tangible, or digitally distributable product for commercial use is strictly prohibited. Digital products including, but not limited to, designs, social media images, online advertisement, website elements, online and mobile applications, wallpapers for digital devices such as phones or tablets, digital publications like digital magazines, cards, digital papers, NFTs, etc.
✘ The Licensee may not use the Licensed Work in digital products distributed for free.
✘ The Licensee may not use the Licensed Work to create paintings, printables, posters/wall art and
fine art prints for sale, whether in physical or digital format.
✘ The Licensee may not incorporate the Licensed Work into digital products in PDF format or any other format that allows the original items to be extracted.
✘ It is strictly prohibited to falsely represent the authorship and/or ownership of the Licensed Work.
✘ The Licensee may not use the Licensed Work in editorials, books, blogs, magazines, e-books. (It is only permitted to quote in books, newspapers, magazines or any other means of communication, excerpts from any work, for the purposes of study, criticism or controversy, to the extent justified for the purpose to be achieved, indicating the name of the Author and the origin of the work: Artwork by ©Carol Lozove.
✘ The Licensee will not be able to use the Licensed Work in the development of games, applications in general, websites, social networks and software.
✘ The Licensee may not use the Licensed Work to create any type of continuous design or pattern.
✘ The Licensee may not resell or sublicense any of the Licensed Work on microstock sites or any other digital asset upload, download, or print-on-demand sites such as Creative Market, Shutterstock, Etsy, Freepik, Adobe Stock, Teepublic , Red Bubble, Society 6, etc.
✘ The Licensee may not provide or share any of the Licensed Work, or part thereof, to any third party, in a digital asset management system, on a shared disk, drives, collective system, make collective purchases and/or share the Designs and Works of art in online drives, groups of people, social media groups or of any other nature or in any other similar system, digital or physical, for the purposes of sharing or transferring files, whether for profit or not, personal or commercials.
✘ The Licensee may not making public or sharing the Licensed Work in any way that allows others to download, screenshot, extract, or redistribute Licensed Work as a standalone file is its original form is strictly prohibited. For the sake of clarification, an example of such prohibited usage would be to share or post the Work in its original form, without watermarks, on social media accounts, websites, or as part of online advertisement, to promote the physical products created with the Licensed Work or for any other commercial or non-commercial purpose.
✘ The Licensee may not share or publish the Licensed Work on social media accounts, websites, apps and other online channels in their original form under any resolution, it is strictly prohibited.
✘ It is not permitted to use the Licensed Work as references and/or reproduce them in other types of final physical products, such as: decorated cookies, fiber characters and in general, felt molds, cookies, porcelain paintings, EVA, embroidery, plush, etc.
✘ Physical (printed) advertising for commercial use in national or global markets is prohibited.
✘ The Licensee may not use the Licensed Work in pornographic, defamatory, offensive or illegal content.
✘ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6. SUBLICENSING
6.1 – This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 6.2.
6.2 – Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only one situation:
To manufacture, market, or distribute completed End Uses that use the Licensed Work (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use service providers to print on its fabrics.
7. ATTRIBUTION
7.1 – No credit is required, though it is always appreciated.
7.2 – How to provide credit: Artwork by ©Carol Lozove.
8. CORRECTION OF DIGITAL FILES
8.1 – In the case of a digital work, with a defect or error, originating from this website or creation studio of Author, Carol Lozove guarantees the correction of the digital work if the “defect” or “error” meets the criteria below:
a) When exporting or saving, as long as the defect or error is of proven origin in the Author’s database and history.
b) In the digital edition or finalization of the work of art, provided that the defect or error is relevant at the sole professional discretion of the Author, or causes any significant visual damage to the design.
All corrections will be made upon proof that the defects and errors actually originate from the Author. If it is not proven that the defects and errors originate from the Author or her website, requests for corrections or any other support for the digital work will not be accepted.
9. GENERAL LEGAL PROVISIONS
9.1 – Intellectual Property
a) All Works, images, digital files, illustrations and creations by Carol Lozove are protected by the Brazilian Copyright Law – Law No. 9,610/98, Berne Convention, Inter-American Copyright Convention and Universal Copyright Convention.
b) Any Work of Art must only be purchased on the official website www.carollozove.com and claimed only on the official Instagram profile: @carollozove. Any purchase, receipt, acquisition, commercialization or any other type of use of the work of art or any designs and illustrations, through other websites, platforms or third parties, and without the express written authorization of the Author Carol Lozove, will be considered unauthorized use.
c) By purchasing the license to use the patterns and download the Works in digital format through the website carollozove.com, or through an external download link sent directly by the Author Carol Lozove, the Licensee acknowledges that all intellectual property rights in the art anywhere in the world belong to the Author and such rights in the Work are only licensed (not sold or transferred), and the Licensee has no rights in the Work, except the right to use it in accordance with the terms of this License Agreement and the Licensee accepts and represents that agrees to the Terms of this Agreement. A copy of the License Agreement will be sent to the Licensee, in PDF format, together with the digital file of the Licensed Work.
9.2 – Termination of the Agreement
Carol Lozove may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Carol Lozove. In which case Licensee must immediately:
a) Cease and desist using the Works.
b) Remove or destroy any copies.
c) At Carol Lozove’s request, confirm in writing that they have complied with the above requirements.
Carol Lozove may also terminate the Agreement due to misuse of the Works on social media or any other third party website, and such service or website uses (or announces that it plans to use) the Works. for its own purposes or in a manner inconsistent with this Agreement. In this case, the Contract will be immediately terminated.
9.3 – Withdrawal of Works
At any time, Carol Lozove may discontinue licensing the Licensed Works at its sole discretion.
9.4 – Audit
a) Upon reasonable notice, Licensee agrees to provide to Carol Lozove sample copies of projects or end uses that contain Licensed Asset, including by providing Carol Lozove with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Carol Lozove may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Carol Lozove of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Carol Lozove the amount of the underpayment and any other remedies to which Carol Lozove is entitled, Licensee also agree to reimburse Carol Lozove for the costs of conducting the audit.
b) In the event that Carol Lozove becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Carol Lozove’s request, provide Carol Lozove with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Carol Lozove.
9.5 – Disclaimer of Warranties
a) Licensee’s Use Of The Licensed Asset is at the Licensee’s own Risk. The Licensed Asset is provided on an “as is” And “as available” Basis, Carol Lozove hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Carol Lozove does not guarantee that the quality of any product, service, information or other material purchased or requested by the Licensee, offered by Carol Lozove, will meet the Licensee’s expectations and does not guarantee that the functioning of the services and resources, offered by Carol Lozove, will be uninterrupted or error free.
b) Carol Lozove does not guarantee that the display of Work will be accurate or that it will match any color displayed on on the Licensee’s computer monitor, smartphone or any other electronic device. The files follow an internal color profile standard, chosen by Carol Lozove, when exporting the designs, in the following formats: .PNG, .JPEG/JPG, .TIFF or .PDF. The files are subject to small color variations when viewed on electronic device screens and/or printed on fabrics or any other type of material.
9.6 – Limitation on Liability
a) Carol Lozove not responsible for any non-performance or delay of obligations and services, reported in this agreement, or in any separate agreements whereby her provide services to the Licensee, for reasons or events beyond her control, including, but not limited to, network failure of internet, problems with private network providers and failures in public or private communications.
b) Carol Lozove not responsible for any results or errors regarding printing, from the Works, on any type of material used by by the Licensee.
c) Carol Lozove not responsible for any problems regarding the use of the Works on computers or smartphones, editing software, printers and operating systems.
d) Carol Lozove not provide technical support for computers and printers.
e) Carol Lozove not provide support for printing.
f) Under no circumstances will the Author be liable to the Licensee or any third party for any special, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect. Under no circumstances will the Author be liable to to the Licensee or any third party for any events that are beyond my control – this includes, but is not limited to, industrial strikes, natural disasters, terrorism, civil unrest or any other event that can be determined as force majeure.
g) All Designs are checked before being released for sale, and it is the Licensee’s sole responsibility to resolve any problem related to opening and/or viewing, and editing the files on computers or any type of electronic device or editing software.
h) It is Licensee’s responsibility to check this page periodically for changes. Licensee’s continued use of, access to the site, or use of any of Work following the posting of any changes constitutes acceptance of this agreement. The Licensee may always review the most current version of this license agreement at any time on this page.
i) Carol Lozove is not responsible for any expenses related to the production of any type of made-up product and fabrics printed with defective designs. In case of defective files, or any other type of error, originating from this website or creation studio of Author (provided that the errors and defects are those expressly described in section 4) Carol Lozove guarantees that the file will be corrected and sent for replacement through a download link, which will be sent to the Licensee’s email.
9.7 – Choice of Law and Forum
a) All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Brazil, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Brazil, with Carol Lozove reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
b) The Court of Maringá-PR – Brazil is hereby elected to resolve any doubts arising from this contract, to the exclusion of any other, however privileged it may be.
9.8 – Entire Agreement
This License Agreement, together with the Carol Lozove Terms of Use (“Terms of Use and “Terms of Service”) constitutes the sole and entire agreement between Licensee on the one hand and Carol Lozove as Author and Shop Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.
9.9 – Modifications
Carol Lozove may modify this License Agreement by posting an updated version on the Carol Lozove website. The current version of the License Agreement published at the time of purchase will apply to purchases (even if the Licensed Asset is downloaded after updating the License Agreement). Updated versions of the License Agreement will not apply retroactively to previous purchases unless:
a) Licensee is notified of its choice to apply the updated terms to previous purchases and expressly agrees, for example, by clicking “I agree” or in writing.
b) Such modification does not adversely affect any rights of Licensee and Carol Lozove shall notify the Licensee of the changes and of the fact that they will apply retroactively.
10. FINAL PROVISIONS
a) In matters not regulated by this Agreement, the provisions of the Brazilian Civil Code and the Law on Copyright and Related Rights shall apply.
b) The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Carol Lozove, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties.
c) If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use and Terms of Service, will continue in full force and effect.
d) No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
e) All notices required to be sent to Carol Lozove under this License Agreement should be sent via email to carollozove@carollozove.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
f) All works are sent in digital file format, no physical products will be sent to the Licensee.
g) All sales are final and can’t be refundes. Any reasons for cancellation or return are not accepted.
h) A breach of the license conditions will result in the immediate termination of the license by the Author.
i) Legal action and compensation fees will be taken for violation of the terms of this license agreement and copyright violations.
All Designs and Illustrations was made by
Caroline de Oliveira Godeny (the founder of Carol Lozove)
CPF: 071.754.049-99 / Maringá, BRAZIL
the “Author”, represented by
Caroline de Oliveira Godeny
CNPJ: 33.164.420/0001-62
Maringá, BRAZIL