The Legal Stuff

 Published : July 29, 2021

Updated : May 05, 2023

Effective : May 10, 2023

LICENSING RIGHTS AND AGREEMENT

BREAKDOWN OF THE COMMERCIAL LITE, AND COMMERCIAL PLUS LICENSES

This is a legal agreement that applies to any individual or entity that agrees to pay for custom art, media, and / or designs from MiLLYJaWN Studio LLC. This document is also subject to the terms and conditions agreement laid out on the site. 

1. Background

2. “Commercial Lite Usage” License Agreement

3. “Commercial Plus Usage” License Agreement

4. Royalty Clause

5. Violations and Penalties

6. Cancellation

7. Severability

8. Assignment and Governing Law

##   1. BACKGROUND:

This document constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “client”) and MiLLYJaWN Studio LLC (“Company”, “we”, “us”, or “our”), concerning your access to personal, commercial, or commercial plus usage of a specific custom design (“art”, “media”, “design”, or “graphic design”) produced by MiLLYJaWN Studio LLC. A copy of this will be delivered with your custom design request.

MiLLYJaWN Studio LLC will not provide services for a custom art, media, and design unless you agree to the terms of this document. You agree by using, reproducing, and distributing the specified design from MiLLYJaWN Studio LLC that you have read, understood, and agreed to be bound by all of the terms detailed in this document. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOUR PERSONAL, COMMERCIAL, and COMMERCIAL PLUS USAGE RIGHTS ARE INVALID. PLEASE CONTACT MILLYJAWN STUDIO LLC IMMEDIATELY.

If you, the “Client”, have received this document or are viewing this document on our website then that means you are considering or have commissioned a custom art/design from the “Contractor”, MiLLYJaWN Studio LLC, and purchased either a “personal usage”, “commercial usage”, or “commercial plus usage” license for that specific art/design. The following terms and conditions define the rights you would have to that specific custom art/design that you’ve commissioned. If you have not paid the invoice for the specified art and a license for usage of that art then all your rights to the art/design are invalid.

##  2. “COMMERCIAL LITE USAGE” LICENSE AGREEMENT:

• The "Commercial Lite Usage" license agreement is valid for 2 years starting from the date of delivery of the custom art.  

• You can use, reproduce, and distribute the specific graphic design in any format or setting without attribution or watermark. 

• You can use this design in ads and for social media profiles/banners 

• MiLLYJaWN Studio LLC maintains full ownership and rights to display the design on their website and social media but will not physically sell or distribute the design for direct monetary gain and profit during the initial 2 years.

• You can use the graphic design for direct monetary gain and profit.

• After 2 years you can buy full ownership of the design for an additional one hundred dollars, or renew the two year license for twenty dollars. 

• You will be notified in advance when your license is close to ending. 

• This license agreement is subject to all applicable terms in section 6, "Violations and Penalties".

##   3. “COMMERCIAL PLUS USAGE” LICENSE AGREEMENT:

• The "Commercial Plus Usage" license agreement does not have a time limit and is valid starting from the date the of delivery of the custom art.

• You can use, reproduce, and distribute the specific graphic design in any format or setting without attribution or watermark. 

• You can use this design in ads and for social media profiles/banners 

• MiLLYJaWN Studio LLC maintains full ownership and rights to display the design on their website and social media but will not physically sell or distribute the design for direct monetary gain and profit.

• You can use the graphic design for direct monetary gain and profit.

• This license agreement is subject to all applicable terms in section 6, "Violations and Penalties".

##   4. ROYALTY CLAUSE :

• This clause applies to both the "Commercial Lite Usage" License agreement and the "Commercial Plus Usage" License agreement . 

• When buying a commercial or commercial plus license you can choose to have a lower upfront fee by adding a royalty clause to your license agreement. 

• MiLLYJaWN Studio LLC is not required to offer this option to you but will discussion the option if requested. 

• If you choose this, it will reflect as a discount on your invoice and it will be added to the license agreement that is sent to you. Your logo will cost less upfront and you'll be responsible for paying 5% royalties to MiLLYJaWN Studio LLC annually starting the first day of the month of your license's one year anniversary.

  • EX: If you pay an invoice January 10, 2022 and opt into the royalty clause, 5% of your net profit will be owed to MiLLYJaWN Studio LLC no later than January 1, 2023.

• Royalty payments are expected to be received annually on the 1st day of the anniversary month of your license.

• A grace period of 31 days may be allotted if requested before the 1st day of the anniversary month of your license.

• Request will not be considered valid unless they are received before the due date AND submitted through a physical letter, an email to info@millyjawn.com, or via the form on this webpage :

  • https://millyjawn.studio/contact

## 5. VIOLATIONS AND PENALTIES AGREEMENT:

• IT IS YOUR RESPONSIBILITY TO KNOW AND FOLLOW THE TERMS OF THIS AGREEMENT.

• This  agreement applies to the  "Commercial Lite Usage" and "Commercial Plus Usage" License agreements. 

• MiLLYJaWN Studio LLC may offer leniency on a case by case bases on the enforcement of these terms but is not obligated to do so or make any exceptions. 

• Violating the terms of your license will make it void and you will be required to cease using, distributing, and reproducing the design immediately. You will have 10 business days from the date of notification to comply before further action is taken against you.

• If you opted for the "Royalty Clause" to be added to your license agreement but MiLLYJaWN Studio LLC is not paid royalties as per the terms detailed in the "Royalty Clause" above, the license will be void and fifty percent of all net profit made will be owed immediately to MiLLYJaWN Studio LLC. 

• If fifty percent of all net profit to MiLLYJaWN Studio LLC is not paid within 63 days from the initial due date of the royalties, legal action will be taken against you.

• If legal action is taken against you, you will additionally be responsible for all legal fees MiLLYJaWN Studio LLC incurs relating to resolving your failure to comply to the terms of the license as well as reparations. 

##  6. CANCELLATION:

• You can request to cancel your license at any time by sending an email or physical letter requesting the cancellation. Oral cancellation request will not be honored. Any and all funds owed to MiLLYJaWN Studio LLC will still be your responsibility to pay. MiLLYJaWN Studio LLC is not obligated to provide partial or full refunds.

##  7. SEVERABILITY:

• Provisions shall be enforced to the maximum extent permitted by law, this Contract shall not thereby fail. 

##  8. ASSIGNMENT AND GOVERNING LAW:

• This License may not be transferred to another party by either party without the prior written consent of the other. MiLLYJaWN Studio LLC has the right to make minor changes without notifying you. Any major update that effects the actual nature of the license can be changed at any time as long as you are notified in advance.

• All changes will only apply to new services rendered by us and do not apply to services rendered prior to the effective date of the new changes. By using our services and completing a payment for a design and license you agree to these terms.

MiLLYJaWN Studio LLC

Suite 45 #301

701 E Cathedral Road

Philadelphia Pa, 19128

TFN: 267. 399. 3989

E: info@millyjawn.com

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