A NOTE ABOUT THE STYLING OF PAPER MOON SUPPLY DIGITAL ASSETS
Paper Moon Supply's Licensed Material often purposely re-creates historic printing and image reproduction techniques to replicate the look of ink/toner on paper. This style features paper texture, Ben Day dots, off-registered colors, process color dot screens, printer dust specks and imperfections, ink bleed, multi-copy image deterioration, over/under exposure, and aged ephemera to capture the authentic look of printing and low-tech image reproduction in a digital image. Some of the Licensed Material contains "artifacts" or other flaws inherent in historic printing methods and are not defects.
___________________________________
WHAT ARE IMAGE LICENSES?
When you spend money at Paper Moon Supply, you are not buying the image outright but rather purchasing a license that grants you specific rights to use the image. Ownership and copyright of all images always reside with Persuasion Bureau, Paper Moon Supply, or its contributors. All licenses are subject to Paper Moon Supply's End User License Agreement.
BASIC LICENSE USE
Our basic personal and commercial license grants you the rights to use the licensed asset in personal, paid, or client work.
Social Media
One business social media account owned and managed by the licensee.
Physical Media
UP TO 500 physical advertisements for local markets.
Digital Media & Advertising
Digital paid advertisements with up to 5,000 impressions.
Broadcast
Broadcast and streaming for up to 50,000 lifetime viewers.
Redistribution
Under no circumstances is redistribution of any asset or item purchased on our store allowed, even if it's for personal use. It is illegal and will get your account banned and purchases revoked.
EXTENDED LICENSE USE
Our extended commercial license grants you the rights to use the licensed asset in personal, paid, or client work.
Social Media
One business social media account owned and managed by the licensee.
Physical Media
500-20,000 physical advertisements for local markets.
Digital Media & Advertising
Digital paid advertisements with up to 100,000 impressions.
Broadcast
Broadcast and streaming for up to 200,000 lifetime viewers.
Redistribution
Under no circumstances is redistribution of any asset or item purchased on our store allowed, even if it's for personal use. It is illegal and will get your account banned and purchases revoked.
ABOVE EXTENDED LICENSE USE & BUY-OUTS
For information on usage beyond our extended license or for buy-outs.
FONT LICENSE
The license you purchase is non-transferable. Only you or the company you represent may use the fonts. Please understand that it may never be given or sold to anyone other than the original individual or company that purchased the license.
You are welcome to use the fonts for commercial, non-profit or personal use. With the few exceptions below, there are no restrictions on how the fonts may be used. For fonts, we don't expect you to keep track of how many page views you receive or how many t-shirts or books you printed. Your license allows you unlimited lifetime use.
As long as the appropriate number of licenses is purchased (1 for every 2 computers), you are welcome to use the fonts in movies and television without additional royalty payments.
Persuasion Bureau and Paper Moon Supply retains ownership of the fonts. You are purchasing a license to use them. Your license will remain in effect as long as all provisions are adhered to. The fonts are protected by copyright and trademarks covered by United States Copyright & Trademark Law, international treaty provisions, and applicable laws in the jurisdiction of use..
BASIC & EXTENDED REDISTRIBUTION AND UNAUTHORIZED USE
"NON-TRANSFERABLE" in this Agreement means that:
You may not sell, rent, loan, give, sublicense, or otherwise transfer any standalone Content or the right to use such Content to a third party. The work you produce with the Content must be used for yourself, your direct employer, client, or customer, who must be the end user of your work.
If you are an agent that acquires Content on behalf of a client, your client acquires the rights to the Content under this Agreement and is deemed to have agreed to the terms hereof as if it licensed such Content on its own behalf. You have no right to use Content licensed on behalf of a client for any purpose, except in furtherance of your services to such client.
Content may not be used for more than one client unless you purchase a separate license for each separate client.
If you create a derivative work based on or incorporating any Content, all rights in and to such Content will continue to be owned by Paper Moon Supply or its Contributor(s), subject to your rights to use such Content under this Agreement.
UNAUTHORIZED USE/YOUR RESPONSIBILITIES.
Paper Moon Supply takes all unauthorized usage very seriously! Paper Moon Supply's business depends on the enforcement of its licenses and the payment of fees for use of its images, so the unauthorized use of images seriously jeopardizes the ability of Paper Moon Supply to conduct business. As a result, we must exercise all rights and remedies under applicable copyright and other laws against all unauthorized users and their employees and clients in order to continue providing the Paper Moon Supply Design Assets to you.
CUSTOMER LICENSE AGREEMENT | BASIC & EXTENDED
This agreement between you (“Customer” or “you”) and Persuasion Bureau, LLC, a Georgia limited liability company located at 3411 Pierce Dr, Atlanta, GA 30341 (“Persuasion Bureau,” “Paper Moon Supply,” “us”, or “we”), collectively, the “Parties,” governs the terms by which you may use the artwork (“Materials”) you selected on www.papermoonsupply.com (“Website”). In consideration of mutual promises, this agreement (the “Agreement”) confirms the following:
Effective Date.
This Agreement is effective as of 10/01/2020 or your date or purchasing a license, whichever is most recent.
Licensed Materials.
The Licensed Materials shall mean any and all material(s) posted on the Website for which you have submitted payment in exchange for the right to use the material(s) pursuant to this Agreement.
License Grant.
We hereby grant to you, for the Term of this Agreement, a non-exclusive, non-transferable, non-sublicensable, worldwide right to display, use, reproduce, and publish the Licensed Materials in any manner consistent with the obligations and prohibitions in this Agreement. You may not publicly display, sublicense, sell, or assign the Licensed Materials except as otherwise provided herein, use the Licensed Materials or any portion thereof for advertisement purposes, or make any uses expressly prohibited by this Agreement without our prior written consent. All rights not granted herein are expressly reserved. Please contact us for permission requests at info@persuasionbureau.com.
IMAGES MAY BE USED FOR:
Advertising, promotion, communication, and editorial use in the following mediums: newspapers, direct mail, consumer magazines, trade magazines, television commercials, annual reports, billboards, point-of-sale displays, brochures, newsletters, invitations, internet banners, website graphics, impermanent signs, transit boards, sales kits, trade show displays, and any promotional items that are given away free of charge.
IMAGES MAY NOT BE USED FOR:
Product for sale, trademark, pornography, sublicensing, defamatory or libelous purposes (see below).
These images may not be used on product for sale such as t-shirts, mugs, cards, CD packaging, general packaging, hang-tags, books, and other products that are sold or as gift with purchase. (Editorial use by newspapers and magazines is permitted.) Further, these images may not be used in any type of style guide and may not be used as reference, a comp (comprehensive) or prototype for design or images that may be incorporated into a product that is sold. If you would like to use an image for any of these purposes, you must call CSA Images to purchase a written extended license.
These images may not be used in any application which is or relates to a pornographic, libelous, or infringing use. These images may not be redistributed, syndicated, resold, sublicensed, or placed online in an FTP or downloadable format. These images may not be used by any person or entity other than the Licensee for projects for the Licensee or the Licensee's clients. Since these images are licensed on a nonexclusive basis, they may not be used in any logo, trademark or service mark applications.
Use the Licensed Materials in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
Use the Licensed Materials or any part thereof for commercial purposes of any kind, including sale or license or sublicense, to any consumer or specialty retail store, whether online or brick and mortar, including but not limited to, stores such as Wal-mart, Target, Macy’s, Sears, or any other single or chain outlet;
Use or display the Licensed Materials on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (eg., products in which the Licensed Materials are selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites as well as sites such as vistaprint.com, zazzle.com, and cafepress.com);
Use the Licensed Materials in connection with any goods or services intended for resale or distribution where the primary value lies in the Licensed Material itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media) or other items for resale, license, or other distribution for profit;
Use any of the Licensed Materials as part of a trademark, design mark, service mark, or logo;
Incorporate the Licensed Materials in any product that results in a re-distribution or re-use of the Licensed Materials (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Licensed Materials as electronic files;
Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Licensed Materials or the rights granted under this Agreement;
Create any products using the Licensed Materials, or any element of the Licensed Materials, that results in a production of that product in excess of [500] units for the basic license, and [500+] for the basic license.
Compensation.
The license granted under this Agreement is provided for the compensation previously agreed upon by the Parties.
Ownership, Infringement and Credit.
This Agreement does not transfer any ownership right in and to the Licensed Materials or any intellectual property rights therein to Customer, its divisions, officers, directors, members, employees, representatives, agents, independent contractors, or assigns. Customer agrees to promptly notify us of any unauthorized use or infringement of the Licensed Materials by others, or security breach affecting the Licensed Materials, as it comes to Customer’s attention. We shall have the sole right and discretion to bring infringement proceedings involving the Licensed Materials. We do not warrant the infringing or non-infringing nature of any of the Licensed Materials, and Customer agrees to promptly notifies us if Customer learns or has any reason to believe that a third party not subject to this Agreement may claim rights in any of the Licensed Materials. Customer licenses and uses the Licensed Materials at his/her risk and accepts this license on an “as is” basis.
Disclaimer of Warranties and Limitation of Liability.
The Licensed Materials are furnished “as is” and with all faults. We do not make, and you do not receive, any warranty, whether express, implied, statutory, or in any type of communication with you. We expressly disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, availability, security, title or non-infringement, any warranty that use of the Licensed Materials will be uninterrupted or error free, any delays or technical problems, and/or the failure to provide adequate instruction or support. We do not warrant that the Licensed Materials are free of inaccuracies, errors, bugs, viruses, interruptions or other limitations. We shall not be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, any damages for infringement, third-party infringement, technical issues, loss of equipment, opportunity, business, loss of data or profits or investment, or the like), in any way connected with the license and/or use of the Licensed Materials.
Your Indemnification.
You agree to indemnify, defend and hold us and our affiliates, directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by us and / or and our affiliates, directors, officers, employees, shareholders, partners and agents as a result of or in connection with the license and/or use of the Licensed Materials by you, by anyone acting on your behalf, or by anyone to whom you have distributed, sold, licensed, or otherwise conveyed the Licensed Material(s).
Term and Termination.
This Agreement is effective until it is terminated. We shall have the right to terminate this Agreement immediately upon written notice to Customer in the event of a breach of any of the provisions hereof by Customer. You may terminate this Agreement by ceasing all use of the Licensed Materials and promptly returning all copies of the Licensed Materials to us, and deleting all copies and archives of the Licensed Materials located anywhere on any device or server, whether physical or in the cloud, and in any other locations within your control where Licensed Materials were saved or made available. Upon termination of this Agreement, all of the rights granted to Customer under this Agreement shall terminate and immediately revert to us.
General Terms.
This Agreement shall be governed by the laws of the State of Georgia, including federal copyright laws. Any controversy, claim, or dispute arising out of or relating to this Agreement between the parties, their assignees, heirs, or agents, shall be litigated solely in state or federal court in Atlanta. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any term, or provision hereof, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, or provision and such invalid term, or provision shall be deemed to be severed from the Agreement. Nothing contained herein shall constitute this arrangement to be a joint venture or a partnership. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the Parties. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement may be executed simultaneously in two or more counterparts, each of which will be considered an original, but all of which together will constitute one or the same instrument.
Contact.
If you have questions or concerns relating to this Agreement, please contact us at info@papermoonsupply.com or via phone at (404)307-8206.
__________________________________
COPYRIGHT STATEMENT
A Note on Copyright and Orphan Works
Paper Moon Supply respects the intellectual property rights of third parties. Prior to publishing any content for sale or license (hereinafter “Materials”) on its website located at www.papermoonsupply.com (“Website”), Paper Moon Supply conducted a diligent and good faith search of all relevant copyright records and other information relating to the Materials in an effort to identify the current owner(s) of the Materials, if any. Following these diligent efforts, Paper Moon Supply did not identify any records showing copyright or other intellectual property ownership in the Materials.
Paper Moon Supply therefore, believes the Materials are either in the public domain or are Orphan Works.
Please contact us immediately if you believe you are the copyright owner of any Material(s) published on the Website; you may reach us at any of the following:
Telephone: 404-307-8206
Email: info@persuasionbureau.com (please use subject line “Orphan Works”)
Mailing Address:
Paper Moon Supply ℅ Persuasion Bureau
3411 Pierce Dr
Chamblee, GA 30341
Attn: Orphan Works
Please Include:
a description of the rights claimed to have been infringed;
a description of where the claimed infringing content is located on our site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner of the copyright/trademark interest involved;
and your signature.
Paper Moon Supply will remove any infringing materials pursuant to the procedures of the Digital Millennium Copyright Act.
___________________________________
FINAL NOTES
Most of the graphic assets, fonts, and clip art available on this site are either original illustrations, original or modified illustration based on vintage clip art and other vintage art sources from the 1900s through the 1960s, or derived from clip art catalogs circa the 1900s through 1940s. However, a variety of other late 19th and early 20th century materials are used as well.
Despite its efforts, Persuasion Bureau and Paper Moon Supply cannot and does not guarantee that any Materials offered for sale or license on the Website are no longer subject to copyright protection. Moreover, copyright laws vary by country and jurisdiction.
Persuasion Bureau and Paper Moon Supply has diligently researched the copyright status of the Materials under U.S. Copyright Law. Because the Materials all appear to have been first published in the United States.
Paper Moon Supply has not researched or determined the copyright status of the Materials used on this site with respect to any other countries or jurisdictions and does not make any representations or warranties as to the non-infringement of any such material with respect to foreign copyright or other intellectual property protection.
This Note is solely intended to provide information about Paper Moon Supply’s diligent research efforts, to offer contact information to be used by anyone who believes they may have a copyright interest in the Materials, [and to provide all known information about the origin of the Orphan Works]. This Note is not an admission of liability of any kind. Nothing in this Note should be construed as a waiver of any of Paper Moon Supply’s rights under copyright law or any other laws, all of which are expressly reserved.