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Commercial Use Agreement for Artwork, Story and ASMR Story Script

By purchasing or using the Works (including Artwork, Story, and ASMR Story Script), you indicate that you have read, understood, and agree to accept all contents of this Commercial Use Agreement (hereinafter referred to as 'this Agreement'). This Agreement governs the purchase and use of premium downloads Works (hereinafter referred to as 'Works') from artbluespirit (also known as art.bluespirit).

1.Scope of Authorization
Under this Agreement, once you have purchased the Works, artbluespirit grants you a global, perpetual, non-exclusive, non-transferable right to use the Works for commercial purposes. Allowed commercial uses include but are not limited to advertising, promotional activities, product packaging, publications, film and television productions, commercial recording or broadcasting, paid ASMR services, or other commercial use cases.

Without the prior written permission of artbluespirit, you may not:
2.1 Distribute, rent, sell, or otherwise transfer the Works.
2.2 Make large-scale, fundamental modifications or changes to the Artwork, or create derivative Works that significantly differ from the original Artwork. However, necessary minor adjustments for specific design needs or format requirements are allowed, provided that the basic appearance and style of the original Artwork are preserved.
2.3 Unless you have purchased the commercial license for the Works, you may not incorporate these Works into your commercial works, or use combined Stories or ASMR Story Scripts to create your own independent worldview or storyline for commercial purposes.
2.4 Use the Works in any manner that is defamatory, insulting, incites hatred or violence, or violates public morals and decency.
2.5 Use any part of the Works in a way that infringes artbluespirit's copyright.

3.Allowed Modifications and Integrations
3.1 Buyers are permitted to make minor modifications to the Artwork for their specific use. These adjustments may include, but are not limited to, adjusting colors, cropping or resizing the Artwork, removing minor elements that distract from the overall visual effect, or adding their own branding elements. However, these modifications should not significantly alter the overall artistic intent or visual style of the Artwork.
3.2 For Stories and ASMR Story Scripts, if you have purchased the commercial license, you can integrate one or more stories or scripts into your commercial works, or combine them to create your own independent worldview or story plot. The number of stories or scripts purchased and combined is not limited.

4.Intellectual Property
All rights, including the copyrights and intellectual property rights of the Works, are reserved by artbluespirit. Without the explicit written consent of artbluespirit, you are prohibited from infringing these rights in any way. artbluespirit reserves the right to pursue infringements of its intellectual property rights worldwide.

5.1 Indemnification Commitment
You agree that, should your use of artbluespirit's Works involve infringement of third party's intellectual property rights, trademark rights, portrait rights, etc., and result in any form of lawsuit, claims, or damages faced by artbluespirit, you will assume all relevant responsibilities and fully indemnify artbluespirit.
5.2 Scope of Indemnification
This indemnification includes, but is not limited to, all legal expenses (including reasonable attorney fees), fines, compensation, losses, and other related costs arising therefrom.
5.3 Cooperation Commitment
You agree and promise that if your use leads to artbluespirit being claimed by a third party, you will fully cooperate with artbluespirit's defense work and bear all related legal responsibilities.
5.4 Consequences of Failure to Fulfill
If you fail to fulfill the above responsibilities, artbluespirit has the right to pursue you for corresponding losses.
5.5 Reminders and Advice
This clause covers the legal liabilities you may assume. We advise you to understand and accept these responsibilities before you start using artbluespirit's works. If necessary, you can seek advice from legal advisors to ensure that your use complies with these terms. Please note that you are responsible for your own actions, and you must ensure that your actions do not lead to artbluespirit facing any form of litigation, claims, or damage.

6.Unauthorized Use and Possible Legal Consequences
6.1 If you use any of the Works from artbluespirit without explicit written permission, including but not limited to unauthorized download, sharing, duplication, or any other form of use, this behavior may be considered an infringement. Such unauthorized use may face legal consequences, including but not limited to the payment of possible infringement compensation.
6.2 If artbluespirit has reasonable grounds to believe that you are using the Works without authorization, artbluespirit reserves the right to pursue legal responsibility. In such cases, users may opt to purchase the appropriate licenses to rectify the situation. Otherwise, you should immediately stop using the Works and delete all copies containing the Works.
6.3 This clause does not limit artbluespirit's right to compensation from you, including damages obtained from you in the form of compensation.

7.Disclaimer and Limitation of Liability
7.1 Acceptance of Risk
You agree that, should you suffer any direct or indirect damages during the use of Works provided by artbluespirit and its related parties (including but not limited to its authors or legal representatives), for any reason, whether due to inability to use or other reasons, artbluespirit will bear no responsibility whatsoever.
7.2 Scope of the Disclaimer
This clause applies to all damage compensations, regardless of whether they are based on contract, tort, strict liability, or other reasons, and regardless of whether artbluespirit has been informed of the possibility of such damages.
7.3 Limitation of Liability
If the laws of certain jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, then within these jurisdictions, the liability of artbluespirit will be limited to the greatest extent permitted by law.

8.Amendments and Termination
artbluespirit reserves the right to amend this Agreement at any time. The amended Agreement will be posted on artbluespirit's official website and profile page. You are responsible for reviewing this Agreement periodically for any changes. Your continued use of the Works will be deemed as acceptance of the amended Agreement.
This Agreement may be terminated under the following circumstances:
8.1 By mutual consent;
8.2 If artbluespirit finds that you have violated any terms of this Agreement;
8.3 If you use the Works beyond the scope permitted under this Agreement without the written consent of artbluespirit.
8.4 Upon termination of this Agreement, your rights to use the Works shall cease immediately.

9.Governing Law and Dispute Resolution
This Agreement is governed by the laws of Taiwan. Both parties agree that any dispute arising from or related to this agreement should first attempt to be resolved through friendly negotiation. If negotiation fails, either party has the right to submit the dispute to the New Taipei District Court in Taiwan. All communication and documents in legal proceedings will be in Traditional Chinese. If another language is needed, it should be translated into Traditional Chinese. If the court is unable to resolve the dispute, it can be submitted to the Singapore International Arbitration Centre (SIAC). In this case, all communication and documents involved in the litigation must be translated into English, and the arbitration process will also be conducted in English. The court with jurisdiction over both parties may make a ruling and enforce it based on the arbitration result. If there is any conflict between the rules of SIAC and these "this Agreement", these "this Agreement" shall prevail.

10.Entire Agreement
This Agreement constitutes the complete agreement between both parties regarding the use of the Works, replacing any statements, promises, or agreements made by both parties regarding this agreement previously.

Date of Last Update to Agreement: August 12, 2023



August 12, 2023

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