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Personal and Non-commercial Use Agreement for Artwork, Story and ASMR Story Script

By downloading 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 Personal and Non-commercial Use Agreement (hereinafter referred to as 'this Agreement'). This Agreement governs the download 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, you are granted a global, perpetual, non-exclusive, non-transferable right to use the Works solely for the following personal and non-commercial purposes:

1.1 Desktop and mobile wallpapers

1.2 Illustrations in personal projects or academic reports
1.3 Background or cover images for personal websites, blogs, or social media accounts
1.4 Non-profit YouTube video covers, inspiration for game scene design, web page design, etc.
1.5 Personal creation based on the Stories and sequel outline provided by the Works, which may include creating a new worldview, storyline, or combining elements from multiple stories. However, such creation can only be used for personal and non-commercial purposes, and the original author's signature must be retained. Commercial use is prohibited.
1.6 Personal modification, remixing, and creation based on the ASMR Story Script for personal and non-commercial purposes. This may include changing certain parts, combining with other scripts, or creating a new script based on the provided one. However, such modification or creation can only be used for personal and non-commercial purposes, and the original author's signature must be retained. Commercial use is prohibited.

1.7 Use the ASMR Story Script for personal and non-commercial recording purposes, including but not limited to YouTube videos, podcast episodes, or other non-commercial broadcasting. Attribution to the original author is required.
1.8 Other personal and non-commercial purposes, excluding any use listed in the following limitations.

Without the prior written consent of artbluespirit, you shall not:
2.1 Use the Works for commercial purposes, including but not limited to advertising, promotional activities, product packaging, publications, film and television works, etc.
2.2 To duplicate, distribute, rent, sell, or otherwise transfer the Works, or to transfer the purchased usage license to other individuals or entities.
2.3 Modify, edit, or otherwise alter the Works, or create derivative Works based on the Works (except for personal creation allowed in sections 1.5 and 1.6).
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 the ASMR Story Script for commercial recording or broadcasting purposes, including but not limited to radio programs, paid ASMR services, or other commercial use cases without prior written consent.
2.6 Use any part of the Works without permission, or otherwise infringe upon the copyright of artbluespirit.

3.Commercial Use
If you need to use the Artwork, Story, and ASMR Story Script for commercial purposes, please visit artbluespirit's official website, and enter the title or ID of the Work you are interested in to purchase. The commercial use rights for the Story and ASMR Story Script can only be purchased together with the commercial use rights for the corresponding Artwork and cannot be purchased separately. If you only need the commercial use rights for the Artwork, you can visit ArtSpirit's stock link, and enter the title or ID of the Artwork you saw on DeviantArt or artbluespirit's official website for purchasing.

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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