TERMS & CONDITIONS
Important notice: Please read carefully
This Client Agreement is a legal agreement between you and Hoopla and Hype and contains important legal terms. The Client acknowledges that by completing the purchase process and/or checking “I agree to the Terms and Conditions of Hoopla and Hype”, the Client has read the entire Client Agreement and agrees to the terms. Hoopla and Hype offers different types of license agreements and the one selected at the time of purchase applies to Licensee’s use of the pattern/s and/or brand assets/cliparts. It is important to note, if you would like to place an order for a design from Hoopla and Hype, you must accept the terms and conditions. Once you click "I agree to the Terms and Conditions of Hoopla and Hype" Hoopla and Hype will consider itself to have entered into this agreement with you, by not accepting the terms of this agreement you will not be permitted to use any of the designs.
1.DEFINITIONS
“Client” - means you
“Hoopla and Hype” means Gemma Oakley, operating under the name of Hoopla and Hype
“Design” means an illustration, clipart, brand asset, a print or pattern
"Intellectual Property Rights" means all copyright
.
2. PARTIES TO THE LICENSE AGREEMENT;
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process
and
(b) Hoopla and Hype as licensor.
3. THIS LICENSE AGREEMENT PERMITS NON-EXCLUSIVE AND EXCLUSIVE USE OF PATTERNS AND LIMITED USE OF RIGHTS FOR CLIPART/ BRAND ASSETS; LICENSE USE DEFINED
3.1 - Non-Exclusive Use For Patterns use permits a number of different licensees from different brands to use the same design. A non-exclusive license means the design will not be exclusive to your brand and can be used by other brands for similar product categories. A non-exclusive license is for 2 years.
3.2 - Exclusive Use For Patterns means the pattern is exclusive to your brand and your chosen category for a 2 year period, additionally you will have the right to renew upon the completion date.
3.3 - Limited Use of Rights For Clipart/Brand Assets any use related to your brand and branding where your business, product or service is promoted such as marketing, your company logo, social media, websites, blogs, banners, digital planners, icons, stationary, printables, planner stickers, vinyl wall stickers, posters, die-cut stickers, cards, party pieces, homeware, accessories etc. The Client is permitted to produce physical products for resale up to 100 units sold. Any more than that please contact me re the extended license. They may not be used to create branding, marketing materials and logo design for clients, freebies, print on demand, reselling, leasing, loaning, sharing, transferring, assigning, giving away the image to a third-party or anything that could be seen to be unjust to the creator including trademarking or copyrighting, including any modifications of the original design.
3.4 This License Agreement does not permit any sublicensing of any designs.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. You agree that nothing in this agreement gives you any intellectual property rights to the Design; and that all intellectual property rights remain with Hoopla and Hype.
4.2 All Intellectual Property Rights of Hoopla and Hype’s Designs, including any Design elements, and other content on this website are covered by copyright and are protected by intellectual property laws in the UK and across the world.
5. PRICING, PAYMENT AND DELIVERY
5.1. All prices are in UK Pound Sterling
5.2 All prices are excluding VAT unless specified
5.3. Payment is to be made immediately to Hoopla and Hype via the website and upon authorisation of payment, the Design shall be available to the Client for download or shall be sent to the Client within 48 hours.
5.4 All additional design work will be charged at £80.00 per hour.
6. TERMINATION AND CANCELLATION
6.1 This License Agreement may be terminated by Hoopla and Hype at any time if the Client breaches any of the terms of this agreement.
6.2 As these are digital files, Hoopla and Hype cannot accept returns, exchanges or cancellations once a files has been emailed.
6.3 Once a purchase has been made for a pattern, Hoopla and Hype will send you an contract to be signed prior to any files being sent over, should you not wish to sign the contract, you will receive a refund.
7. MODIFICATIONS
7.1 Hoopla and Hype may update the Hoopla and Hype website with a revised copy of this licence agreement. Purchases will be subject to the most recent version of the licence agreement available at the time of purchase (even if the Design is downloaded or files have been sent after the licence agreement has been revised). The Client will be informed (via email provided) of any changes that may effect their Design/s and the use of said Design/s and given the opportunity to apply the new terms to previous purchases with their express consent.
8. LIMITATION OF LIABILITY
8.1. The Design has not been made to specifically fulfil your needs, and it is your whole obligation to confirm with yourself, before signing this agreement, that the Design will fulfil your needs. In this regard, Hoopla and Hype provides no guarantees and if any portion or the entirety of the Design is not appropriate for your needs, you will not be entitled to have any recourse against Hoopla and Hype.
8.2 The Client understands that Hoopla and Hype cannot guarantee any design results on a final product since they are beyond the control of Hoopla and Hype. You are solely responsible for how the Design is applied and used, including for printing and manufacturing of products.
8.3 Please be aware that design colour and texture may differ between the screen and the finished result. A screen proof does not represent the final printed work. Due to the nature of the printing process, printed hues may differ. The printer determines the final matching even though colours are chosen with care. Before printing in large quantities, it is advisable that your printer offers you a strike-off sample for approval. To reiterate, Hoopla and Hype cannot make any guarantees on how the Design will look on the final product.
9. CREDITING HOOPLA AND HYPE
9.1 For the purpose of self-promotion, the client gives Hoopla and Hype permission to showcase any creations on the Hoopla and Hype website, Instagram page and portfolio websites.