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The following license terms (“License Terms”) govern the grant of rights to all designs, photos, fonts, illustrations and other content on the Kittl Platform.
If you as a user of the Kittl Platform (“User”) want to upload any content to the Kittl Platform or download any content from the Kittl Platform, you must agree to be bound by the terms of this License Terms (which, for the avoidance of doubt, also apply retroactively to all User’s actions on the Kittl Platform prior to these License Terms taking effect).
1. RIGHTS TO USE DESIGNS
Unless otherwise explicitly provided in these License Terms, all rights to photos, designs, fonts, or illustration templates on the Kittl Platform (“Kittl Designs”) are – in the relationship between the User and Kittl – owned by Kittl or its licensors.
Kittl grants the User for the time of the User’s Subscription plan a non-exclusive, worldwide, non-transferable and non-sublicensable right to use
You are allowed to use Designs in the following ways:
For own personal projects, for own commercial projects or for (commercial) projects commissioned by third parties
Projects commissioned by third parties means any creation or use of Designs by the User for another person – for example, his/her client, employer, or contractor
For multiple clients and multiple projects
There is no limit to the number of how many times the Designs may be used
For physical end products (irrespective of whether for sale or not)
The User may use Designs for all kinds of merchandise, such as t-shirts, posters, mugs etc. including print-on-demand products with no limit of quantity
As rasterized images as part of digital end products (irrespective of whether for sale or not)
Digital end products means products like an e-book, digital magazine, or digital calendar that contains Design(s) as part of the product (this does not include any use as stock material for re-use by third parties)
As rasterized images for websites, apps, video games or social media posts (irrespective of whether sold or not)
You are not allowed to use Designs in the following ways:
Compete with Kittl’s business
This includes sharing, selling, distributing, or making Designs available for download on platforms that compete with the Kittl Platform including image stock platforms, digital marketplaces, or cloud-based design software
Claim rights to register Designs
This includes the registration of Designs as such and/or using (parts of) a Design as or for trade-marks, design-marks, trade-names, service or other marks
Mislead the Kittl community if Designs were created with AI features
This includes the obligation to notify the Kittl community that Designs were generated with AI features
If the User creates and uses Designs under the Free Version (as defined in the Terms of Use) for commercial purposes, the User acknowledges and agrees that the Designs are labelled with the attribution “provided by Kittl” whenever the Designs are used.
2. GRANT OF RIGHTS TO USER UPLOADS
If a User uploads his/her own photos, designs, fonts, illustrations or other content on the Kittl Platform (“User Uploads”), the User grants Kittl a non-exclusive, worldwide, revocable, royalty-free, sublicensable and transferable right to use and exploit the User Uploads for the time of the User’s Subscription plan as part of or in connection with the provision of the Kittl Platform and its service offerings to the User (including hosting, making available to the public, duplication, distribution, display and reproduction). This will allow Kittl to process external upload data on their servers so that a user can use these for any new designs.
3. PUBLISHING USER GENERATED DESIGNS
If and to the extent that a User publishes User Generated Designs on the Kittl Platform, all rights in such User Generated Designs shall immediately vest in and belong solely and entirely to Kittl. In order to complete such ownership by Kittl, Kittl and the User agree that the User herewith assigns and transfers to Kittl any and all rights in the User Generated Designs to the extent (co-)owned by the User. Kittl hereby accepts such assignment and transfer. To the extent such assignment and transfer of rights is legally not possible, the User grants to Kittl an exclusive, worldwide, perpetual, irrevocable, royalty-free, locally and substantially unlimited, transferable, sub-licensable and fully paid-up right to use and exploit the User Generated Designs in its original or in any modified form and in any known and – as of the date of the User’s acceptance of these Licence Terms – unknown way.
The rights of use granted in this Section 3 include in particular, but are not limited to, the right to copy, reproduce, edit, modify, publicly perform, exhibit, publicize, publish, disseminate, advertise and use in the training of artificial intelligence models as well as in advertisements for any purposes or otherwise exploit the User Generated Designs in any manner and by any means, methods, processes or devices now known or hereafter conceived, devised or created and in any form, including, without limitation, print media, films, radio and/or digital media, databases and electronic carrier media, public and non-public networks, including the internet, intranet, extranet, mobile data networks or through any other (interactive) download or access systems, including the right to feed in and store in such systems.
For Broadcast Licensing please contact sales.