PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE OR CLICKING TO ACCEPT AND AGREE TO BE BOUND SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

1. Acceptance of the Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and MAGIC SVG , doing business as MAGICSVG Marketplace (the “Company”, “MAGIC SVG ”, “we” or “us”). They govern your access to and use of Magicsvg.com, including any content, functionality and services offered on or through magicsvg.com  (the “Website”), whether as a guest, customer, seller, or other registered user (“User” or “you”). By using this site or by clicking to accept or agree to these Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

The Website is a platform that allows designers to market and sell their graphics, designs, fonts and other related products (collectively, “Items”) directly to buyers. The Website contains contributor or designer web pages that are accessible on personalized platforms (“Designer Shops”) for vetted and approved designers or contributors (collectively referred to as “Sellers”) to sell their designs or other contributions, and other interactive features that allow Sellers to post, submit, publish, display, host or transmit content or materials on or through the Website, including monthly Item bundles that are curated and featured by The Website (together with Designer Shops, the “Interactive Services”).

To access the Website and some of the resources it offers, whether as a Seller or a User, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

To create and maintain your account with the Website, you must agree to and abide by the following rules:

  • You must be 18 years of age or older.
  • You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
  • If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.
  • You are solely responsible for:
    • Your account and any activity on your account.
    • Making all arrangements necessary for you to have access to the Website.
    • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Rights and Obligations of Sellers

If you are interested in opening and hosting a Designer Shop on the Website, please contact us to negotiate a Seller’s Agreement.

All Sellers and Items must comply with the Content Standards set out in these Terms of Use. The following are additional rules and information for Sellers:

5. Content Standards

These content standards apply to any and all Items and use of the Interactive Services. Items must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Items must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Statement.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that the Items or Interactive Services emanate from or are endorsed by us or any other person or entity, if this is not the case.

6. Intellectual Property

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers, and such material is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We grant you a limited, non-exclusive, non-transferrable right and license to use the Website for your personal use only, except as otherwise provided in the General Commercial Use License. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If you purchase any Items from the Website, including from any Designer Shop, you may use such Item in accordance with the General Commercial Use License contained in these Terms of Use.

Except as otherwise provided for in the General Commercial Use License contained in these Terms of Use, you must not:

  • Modify copies of any materials from this Website, including any Designer Shops.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

7. Trademarks

The Company name, the terms Pedear Marketplace, and the Pedear Marketplace Logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licencors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

8. General Commercial Use License

If you make a purchase from or submit an order to the Website, you are granted a license that entitles you to certain personal and commercial uses related to the Item that you purchased or ordered, with the exception of print-on-demand and high-volume production orders.

If you will be using an Item for high-volume production (defined as more than 500 copies) or have made a print-on-demand order, you must purchase an enterprise license from the Website for each individual Item. If you have any additional questions that are not answered by this section, please contact us.

     A.PERMISSIBLE USES:

  • You may use any purchased Item for personal and commercial use. This means you may use it for yourself or create a product with or using the Item that you hold for sale.
  • The purchased Item may be used on a physical product as long as the Item has not been altered or modified.
    • Example: You purchase a graphic of an elephant from a Seller. You may make a t-shirt with the elephant graphic on it, as long as you do not make any changes to the elephant graphic. You may then sell the t-shirt. Further customization or personalization (such as adding a name) for the purpose of commercial resale is additionally permitted.
  • Fonts may be used to create commercial use, text-based digital designs, but the font itself cannot be re-sold or re-distributed.

   B.IMPERMISSIBLE USES

  • The Item itself—in its original digital form as purchased from the Website—may not be resold, sub-licensed, transferred, shared, or otherwise re-distributed in its original digital form (e.g., as you purchased it).
  • The Item may not be included in the sale of another product.
    • Example: You purchase a design of a flower. You may not include the file of the flower design as part of a bundle of other items held for sale or with the purchase of a t-shirt displaying the flower design.
  • The Item may not be used with or on print-on-demand services.
  • Digital cut files may not be digitized and re-sold as embroidery files.
  • The Website’s images of any Item, or of a finished product containing any Item, may not be used to promote or market your product. This means it is impermissible to use the Website’s stock photos or mock ups of Items listed on the Website, whether for sale, illustration, marketing or otherwise, for your own use.
  • All notices of copyright infringement claims should be sent to the copyright agent designated above in the Copyright Infringement & DMCA Agent Contact Information section of these Terms of Use, in the manner and by the means set forth therein.

    All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].