THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE PURCHASER, AND THE STENCILSMITH LLC, WHEN YOU PURCHASE A STENCIL FROM THIS WEBSITE AT WWW.THESTENCILSMITH.COM ; YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PURCHASE OUR STENCILS. This agreement supersedes all prior agreements, proposals, and representations between you and The Stencilsmith LLC.
1. GRANT OF LICENSE . The Stencilsmith LLC grants you the right to use your stencils purchased from us for hobby or commercial purpose. You MAY use our stencils to paint physical products for resale (such as signs, furniture or other decorative hand painted products). (example: you may paint signs and sell them in a craft show, online, a store, ect). You MAY also use our stencils for painting walls or decorating cakes or the use of spraying temporary tattoos or sand blasting glass, ect). You may NOT duplicate any stencil designs and make or resell them as stencils, graphics, vinyl, pictures, clipart, stamps, patterns, or in ANY other manner for 3rd party reproduction. You may NOT sell our artwork in any digital format (example: you may not paint 1 piece, then take a picture of it and sell the picture (such as greeting card reproduction, or book publishing, or printing pictures, ect). Our stencils may NOT be used in mass reproduction. We will pursue legal action against ANY company or individual who does not comply with our copyright.
2. OWNERSHIP AND COPYRIGHT. The STENCIL design is owned by The Stencilsmith LLC and is licensed to you. IT IS NOT SOLD. The STENCIL is also protected by United States copyright laws. You must treat the STENCIL like any other copyright protected material (e.g., a book or musical recording). You may not copy or reproduce the STENCIL in any manner whatsoever. You may not rent, lease or lend the STENCIL.
3. LIMITED WARRANTY. The Stencilsmith LLC warrants that the STENCIL is free of defects in material and workmanship. If you return any of the stencils covered by this warranty within 30 days of shipment, The Stencilsmith LLC, will replace the STENCIL without charge. This is your only remedy for breach of warranty. You assume all risks with respect to the accuracy, quality, reliability and performance of the STENCIL and accompanying materials. Any implied warranties are limited to 30 days. Some states & provinces' do not allow limitations on duration of an applied warranty, so the above limitation may not apply to you.
4. NO LIABILTIY FOR CONSEQUEMTIAL DAMAGES. In no event shall The Stencilsmith LLC, or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the STENCIL, even if The Stencilsmith LLC has been advised of the possibility of such damages. Because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5. NO OTHER WARRANTIES OR REMEDIES. The Stencilsmith LLC disclaims all other warranties and remedies, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the STENCIL and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary depending on the country which you reside.
6. DISPUTES. This agreement is governed by the laws of the State of Ohio, U.S.A and is enforceable by The Stencilsmith LLC. Disputes will be resolved by arbitration under American Arbitration Association Rules of Arbitration with one arbitrator and conducted at The Stencilsmith LLC's discrection in the state of Ohio. The prevailing party in any action brought in connection with an alleged infringement of The Stencilsmith LLC proprietary rights will be entitled to recover its costs and expenses, including attorneys fees.
If you have any questions or concerns, please contact us at Info@TheStencilsmith.com