- Acceptance of these Terms
If You do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.
You may not access or use the Service if You are not at least eighteen (18) years of age.
HotSVG may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.
- a. “Item(s)” – fonts, craft / cut files, patterns and/or a combination of any such design elements downloadable from our website.
- b. “End Product” – Artwork or derivative product created by You using independent skill and effort that incorporates the Item with any other design elements where the Item cannot be extracted or separated from the End Product.
- c. “Personal Use” – Using Items in a manner that (i) does not generate any monetary gain to Yourself or any third party; (ii) is not meant to entice sales; and (iii) is not used in premises, platform or event which is related to any business, community or non-profit organizational purposes.
- d. “Commercial Use” – Using Items in a manner that would result in or is intended to generate any form of remuneration, procuring sales or commercial exposure for Yourself, Your client or any third party. This includes any usage that does not fall under Personal Use.
These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute content on the Service.
In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that: (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify HotSVG of any unauthorized use of Your Account or any breach of security. HotSVG will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of HotSVG due to such unauthorized use.
You may delete Your Account at any time, for any reason, by following the instructions on the Service. HotSVG may terminate Your Account in the event You have breached these Terms of Service.
- Restriction of Use
You agree to not share, distribute, transfer or resell the Items to any third party. Third parties / customers shall purchase the Items if they wish to edit the mock-up of the End Product You are creating on their behalf. You shall only give Your clients the flattened Items.
You are not allowed to register the Items or End Products incorporating the Items (i.e. logo design, brand symbol) as a trademark in any territory. You are only granted a non-exclusive license to use the Items, therefore the same Items may be used by other parties as well.
You further agree to not allow the Items to be extracted, accessed or downloaded by anyone other than Yourself.
- Access to the Service
HotSVG hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Service, provided that:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Service, or any content displayed on the Service without HotSVG’s prior written authorization.
- You shall not modify or alter any part of the Service.
- You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means HotSVG may designate and
- You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the content on the Service without HotSVG’s prior written approval.
HotSVG reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that HotSVG will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that HotSVG will have no obligation to provide You with any support or maintenance in connection with the Service.
Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes.
Except as otherwise expressly stated herein, HotSVG and the Items are made available on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Except as otherwise expressly stated herein, HotSVG, its employees, directors, and officers, and anyone else associated with HotSVG disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that Your usage of HotSVG will be uninterrupted, error free of computer viruses or other damaging materials. When any Items or the website is accessed and used, You do so at Your own risk. HotSVG, its employees and officers, and anyone else acting on behalf of HotSVG also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. HotSVG, its employees, directors, officers and anyone else associated with or acting on behalf of HotSVG make no representation or warranty (i) as to your right to use any individual’s name, likeness, and/or image appearing in the Content without first obtaining appropriate rights (including without limitation, release rights) from such individual(s); and (ii) that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition.
You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned by HotSVG or licensed to HotSVG. Neither these Terms of Service nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.
- User-Generated Content
This website may include information and materials uploaded by other users of the site, including access to community features or functionality. The relevant user shall be solely responsible for user-generated content and the relevant user assume all risks associated with the use of user-generated content, including any reliance on its accuracy, completeness or usefulness by others.
You further agree that HotSVG is not responsible for the accuracy, currency, suitability, or quality of any user content, whether provided by You or by other users. Any interaction between users are solely within the users and HotSVG will not be responsible for any loss or damage incurred as the result of such interactions.
- Your Content
“Your Content” means any and all information and content that You submit, or use with the Service (including content found on Your profile or posts).
As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant HotSVG an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
You further agree that HotSVG is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and HotSVG will not be responsible for any loss or damage incurred as the result of such interactions.
- Third-Party Links and Advertisements
The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by HotSVG and assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, HotSVG will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that HotSVG shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.
- Intellectual Property Rights
You further agree that You are obtaining only a limited license to use and access the Service and that no ownership rights are being conveyed to You. HotSVG retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. In the event You wish to use the Item in a logo / trademark / service mark, please contact us at email@example.com to enquire about the availability of the Item for a buyout and the price.
Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to HotSVG (“Feedback”) and You agree that HotSVG may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to HotSVG regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
- Copyright Infringement (DMCA)
If you are a copyright owner or an agent thereof and believe that any Item on our Service infringes upon your copyright and wish to have the alleged infringing material removed, you may submit a notification to us with the following information in writing at firstname.lastname@example.org:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information to enable us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information submitted in the notification is accurate, and under penalty of perjury, that you are the copyright owner or a person authorized to act on behalf of the copyright owner.
- Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that HotSVG may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities. You further agree that HotSVG may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by HotSVG from or with use of such data will be, in each case, the sole and exclusive property of HotSVG ; and You hereby assign all of Your title and interest, if any, in and to such items to HotSVG without any fees and without rights to future royalties.
- Account Termination Policy
Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. HotSVG will terminate Your access to the Service if, under appropriate circumstances, You are determined to be a repeat infringer.
HotSVG reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. HotSVG may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your account for submitting such material in violation of these Terms of Service.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOTSVG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. HOTSVG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. HOTSVG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOTSVG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
- Limitation of Liability
IN NO EVENT SHALL HOTSVG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT HOTSVG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HotSVG without restriction.
- Governing Law and Dispute Resolution
These Terms of Service shall be governed by, and shall be construed in accordance with, the laws of Singapore, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service, shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules.
The number of the arbitrator shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
- Entire Terms
These Terms of Service constitutes the entire agreement between You and HotSVG regarding its subject matter and supersedes any previous written or oral agreement between You and HotSVG. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.
These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.
- Electronic Communications
You agree that the communications between You and HotSVG uses electronic means. For contractual purposes, You (a) consent to receive communications from HotSVG in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HotSVG provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.