Welcome in the Professional Vector Art Club at www.Professional-Vector-Art.com. Please read the following terms and conditions.
- BRAINWARE (“Brainware” or “PVA”) is the owner and operator of the website platform accessible through the following URL address: www.Professional-Vector-Art.com (“Site”).
- Member (“you” or "User") is the casual user of the Site who creates his or her own User Membership Account on the Site (“Account”), may browse, purchase and download images, collections of images for download or on CD or DVD (“Images”) as well as other products and services.
- By registering on the Site, you agree to the terms and conditions set forth in this General User Agreement (“Agreement”). The Agreement is an explicit condition for Members to use the Site as well as its products and services.
- Members can be at the same time also content contributors - “Contributors”. By registering a Contributor Membership Account (Contributor Account), you agree in addition to the General User Agreement also to the Contributor Agreement.
2. Services & Access
PVA operates as an exchange platform between world class artists as well as other professionals (Contributors) and all creative people who wish to use high quality digital artwork. PVA offers several purchasing options so you can choose the most suitable one for you:
- Prepaid Credits
- Single Images
- Custom Packs of Images for download
- Entire collections of Images for download
- Entire collections of Images on CD/DVD
- Single categories of a collection of Images for download
- Additional custom modifications of graphics on request
3. Image license agreements
The Contributor and PVA grant the Member or the employer or other entity on whose behalf the Member is entering into this Agreement a royalty free, perpetual, non-exclusive, non-transferable worldwide license to use the Images only for the specified permitted uses in the acquired License. All other rights relating to the Images, including all copyright and other intellectual property rights relating to the Images, are retained by PVA or the Contributor.
There are three different Licenses available - Standard License, Extended License and Ultimate License, which grant the Member a different scope of permitted uses and have different prices. When purchasing Images you can choose from the available Licenses the one that fits best to your needs.
Please read carefully these Licenses before purchasing or downloading any Images. When purchasing or downloading any Images the Member agrees to these license terms.
4. Prepaid credits
1 credit = 1 EUR. PVA reserves the right to edit this equation. Members can purchase Prepaid Credits and use them for purchasing Images at a discounted price. There is no minimum order amount requirement for purchases of Single Images with Credits, as this may be the case by buying directly with currency. Credit purchases are non-refundable.
There is no expiration on Credits!
5. Download attempts and expiration
Download links of purchased Images expire one year after the purchase date. Member can download each purchased Image 10 times in total. The download function is available worldwide.
6. Proprietary rights
The Member acknowledges and agrees that the original Artist maintains all exclusive rights and all proprietary rights of the Images, including but not limited to the copyright and all moral rights and other rights that may exist under any state or federal law. The Member acknowledges and agrees that it acquires only the right to use the Images within the scope of this Agreement.
The Member agrees to indemnify, defend and hold harmless PVA, its employees, directors, shareholders, associates, affiliates, joint ventures, representatives and agents from and against any and all claims that the Images or other products infringe upon the proprietary rights of any other party.
The Member shall not have the sole and exclusive right, in its discretion, to bring any claim against any other party concerning infringement upon the proprietary rights of the original Artist of the Images.
7. Member warranties and responsibilities
A Member who creates a PVA Account is entirely responsible for any and all activities through his or her Account and agrees to notify PVA immediately of any unauthorized use of Member’s Account as well as of any other security matters that may affect PVA.
The Member warrants the correctness and completeness of the Member information provided to PVA and is responsible for updating this information. Failing to comply with this obligation, may result in deprivation of the Licenses, services or other privileges provided to the Member by PVA and even in termination of the Member’s Account. PVA reserves the right to delete or to require the deletion of any vulgar, offensive or in another way inappropriate Member name or other information that violates any third party's trademark or other proprietary right, that is or may be illegal to use.
8. Disclaimers and refund policy
PVA shall replace a delivered item totally or partly if it is not damaged by the receiver. An item could be changed during the guarantee period of two years in case its repair is uneconomic. PVA presupposes the agreement of the Member to receive an equivalent new item or to be credited for the full or part of the purchase price.
Please contact us first, before you send an item back!
Fax: +49 381 86 51 64 521
Tel: +49 381 86 51 64 520
For the return you will receive from us normally a "free-way-mark" by the post, so you can return cost free to us. CD`s and DVD's that have not been opened / unsealed may be returned within 14 working days of your receipt to the following address. This address for returns stands also on the free-way-mark.
Kleingladbacher Straße 30-32
41812 Erkelenz, Germany
Your original purchase cost and postage will be refunded on receipt of the returned item but your return postage costs will not be refunded if the amount of the order is less than 40 Euro excl. VAT. When you are returning an item to us, we strongly recommend that you use an insured delivery service. We are not liable for loss of goods that are returned using an untrackable posting method. The buyer is responsible for the cost of returning any unwanted item unless the item is delivered to you in error or the item is faulty. CD's and DVD`s that have been unsealed by the buyer are exempt from DSR and are not able to be returned.
PVA reserves the right, but does not assume the responsibility, to remove any Images uploaded to the Site including those appearing to infringe the intellectual property rights of other entities or to be harmful in any way to the Members. Nevertheless PVA makes expressly no warranties with respect to, including without limitation, the merchantability or suitability for any purpose as well as to the proper legal use of any of the Images and infringement of third party rights. PVA grants no rights and disclaims all warranties regarding the use of names, people, trademarks, trade secret, patented or copyrighted designs, whether actual or supposed. The Member has to consult Member`s own attorneys and agrees to hold PVA harmless from any claims related to Member’s usage of the Images and other purchased products.
9. Limitation of liability
PVA serves as an exchange platform between world class artists as well as other professionals (Contributors) and all creative people who wish to use high quality artwork. PVA grants no rights and makes no warranties regarding the use of names, people, trademarks, patented or copyrighted designs or other forms of intellectual property represented in any content.
PVA shall not be liable to Members or any third party for any claims and/ or damages arising from Member's use of Images. PVA shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, lost profits, damages or loss of business or business information, or any other loss, even if PVA has been advised of the possibility of such damages.
PVA does not warrant an uninterrupted, secure, or error free access to the Site, the accuracy of the keywording of the Images and other products and is also not responsible for the completeness or correctness of the information available on connected Websites.
The Member agrees to indemnify for any and all losses, damages, expenses and liabilities, to defend and hold harmless PVA, its employees, directors, shareholders, associates, affiliates, joint ventures, representatives and agents from and against any and all claims due to breach of any of Member`s warranties and responsibilities.
The Agreement is effective until it is terminated. You may terminate your Account on the Site at any time with or without cause just by notifying the Site support via Email.
PVA may terminate any Member Account at any time, if but not limited to, the Member fails to comply with any of the terms of the Agreement.
12. Changes and revision of agreement
PVA reserves the right to update prices, conditions and technical details as well as to revise this Agreement at any time. Such changes shall be effective immediately upon posting on the Site. Members will be notified about changes of the Agreement via email and any further use of the Site shall assume the Members agreement to the revised terms.
If you have any questions, please contact our customer service.
In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.
Last update 05.11.2013