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Subscription Terms

These Subscription Plan Terms and Conditions (“Agreement”) is a legal agreement between the entity or individual purchasing a Subscription Plan (“Subscriber”) and Great Dane Graphics (“GDG”). In the event any individual is purchasing a Subscription Plan on an entity’s behalf, the entity shall be considered the contracting party to this Agreement. By purchasing the Subscription Plan Subscriber represents and warrants that it has the authority to bind such entity, and if Subscriber does not have such authority, Subscriber will have no rights to the Licensed Material under the Subscription Plan or this Agreement. This Agreement sets forth the terms and conditions under which Subscriber is permitted to access and use the Licensed Material (defined below) based on the particular Subscription Plan purchased. This Agreement applies to all GDG Subscription Plans purchased via a website, through a GDG sales representative or otherwise. Subscriber accepts and agrees to be legally bound by all terms and conditions of this Agreement, which will take effect upon the purchase of the Subscription Plan. This Agreement and Subscriber’s enrollment in a Subscription Plan and use of the Site (defined below) is also governed by GDG’s Terms and Conditions and Privacy Policy available at GreatDaneGraphics.com, which may be amended from time to time. In the event of a conflict between this Agreement and GDG’s Terms and Conditions or Privacy Policy, this Agreement governs solely with respect to a Subscription Plan.

  1. Subscription Plan and License

    1. Upon purchase of the Subscription Plan and acceptance of this Agreement, Subscriber will use a unique username and password to access the GDG website (the "Site") and Licensed Material. Subscriber is and will be responsible for maintaining the confidentiality of that password, for all activities conducted on and with the Site that make use of that password, and for any charges or fees incurred by the use of that password, including any use Subscriber may subsequently contend was not authorized by Subscriber.

    2. GDG grants to Subscriber a non-exclusive, non-transferable, non-sublicensable right to download the Licensed Material in accordance with Subscriber’s Subscription Plan. For the purposes of this Agreement, “Licensed Material” means any image, regardless of the format or file type, including any related informational materials, text or captions downloaded by Subscriber on the Site pursuant to Subscriber’s Subscription Plan. GDG grants to Subscriber a world-wide, royalty free, perpetual license to reproduce, use, modify, adapt, and create derivative works of the Licensed Materials to create products, logos, memorabilia, novelty items and other articles (collectively, “Articles”) in any manner, except as restricted under Section 2 of this Agreement. Subscriber may sell and/or distribute the Articles in any manner. All rights not exclusively granted by GDG to Subscriber are retained by GDG, and Subscriber may not use the Licensed Material in any manner or for any purpose not expressly authorized by this Agreement.

  2. Unauthorized Use

    1. Subscriber may not disclose or share Subscriber’s username or password, or in any way permit or authorize any other individual or entity to use Subscribers username and password to access the Site.

    2. Subscriber shall not sublicense, sell and/or distribute the Licensed Material in any form, except as reproduced on Articles.

    3. Subscriber may not display the original Licensed Material on any website for any purpose.

    4. Licensed Material, including as incorporated into the Articles, may not be used for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.

    5. Subscriber may not seek state or federal registration of the Licensed Material or Articles as a trademark or service mark.

    6. Any unauthorized use of Licensed Material constitutes copyright infringement and shall entitle GDG to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Licensed Material. The foregoing is not a limiting statement of GDG’s rights or remedies in connection with any unauthorized use.

  3. Ownership

    All title, interest and ownership in the Licensed Material, including as incorporated into the Articles, remains with GDG except for the limited license granted to Subscriber hereunder.

  4. Subscriber Additional Responsibilities

    Subscriber is solely responsible for any and all activities that occur under Subscriber’s account including inputting, maintaining, and managing accurate information and ensuring that Subscriber exits or logs-off from Subscriber’s account at the end of each session of use. Subscriber shall notify GDG immediately of any unauthorized use of Subscriber’s password or account or any other breach of security that is known or suspected by Subscriber. Subscriber shall also use best efforts to stop immediately any copying or distribution of the Site that is known or suspected by Subscriber. GDG shall not be responsible for any unauthorized access to, or alteration of, Subscriber’s transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by GDG.

  5. Warranty

    All Licensed Material and the Site is provided on an “as is” basis. GDG makes no warranty, express or implied, regarding any Licensed Material, the accuracy of any information or the Site. GDG does not warrant that the Site or the services provided under the Subscription Plan will be uninterrupted or error-free. GDG HEREBY EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT.

  6. Limitation of Liability

    GDG shall not be liable to Subscriber or any other person or entity under this Agreement or the Subscription Plan for any punitive, special, indirect, consequential or other similar damages or costs or losses arising out of this Agreement, the Subscription Plan and/or the Licensed Material regardless of whether GDG has been made aware of the possibility of such damages, costs or losses. GDG’s total liability under this Agreement, regardless of the form of action or theory of recovery, shall not exceed fees paid by Subscriber under the applicable Subscription Plan.

  7. Indemnification

    Subscriber shall indemnify, defend and hold harmless GDG, its parents, subsidiaries and affiliates and their respective officers, directors and employees from and against all damages, liability, claims, demands, suits, costs, fees and expenses (including reasonable attorneys’ fees) arising out of or related to (i) Subscribers use of the Licensed Material; (ii) breach of this Agreement; and/or (iii) the Articles.

  8. Term and Termination

    1. This Agreement shall remain in effect until Subscriber’s Subscription Plan is no longer in effect unless earlier terminated in accordance with the terms of this Agreement. Each Subscription Plan is set to renew automatically unless otherwise specified. Subscriber authorizes GDG to charge Subscriber the applicable Subscription Plan fees at the then applicable rate and taxes for the Subscription to Subscriber’s credit card on file at the expiration of the then current Subscription Plan. GDG reserves the right to deactivate Subscriber’s Subscription Plan without prior notice if GDG is unable to process payment through the credit card on file for Subscriber’s account.

    2. GDG may terminate this Agreement and the Subscription Plan, and restrict Subscriber’s access to the Site, immediately in the event of (i) Subscriber’s unauthorized use of any Licensed Material; (ii) Subscriber’s failure to pay the applicable Subscription Plan fee; or (iii) Subscriber’s breach of this Agreement.

  9. Cancellation Policy

    1. If a request to cancel a Subscription Plan is (i) received within 14 days of the original purchase date of the Subscription Plan and (ii) if Subscriber has made no downloads, Subscriber may receive a full refund for Subscriber’s Subscription Plan. There will be no refund for Subscriber’s Subscription Plan for any cancellation requested later than 14 days after the original purchase date of the Subscription Plan.

    2. Subscription Plans must be cancelled before the end of the Subscription Plan’s renewal date. Otherwise, Subscriber authorizes GDG to charge the applicable Subscription Plan fees at the then applicable rate and taxes for the Subscription Plan.

    3. Subscribers who cancel before the renewal date, have until the end of the month in which the Subscription Plan is cancelled to download and use Licensed Material. The download history of Subscriber’s files will be removed from Subscriber’s account at the end of the cancellation month.

    4. Subscriber may cancel a Subscription by email (info@greatdanegraphics.com) or mailed written notice. Mail your request to:

    Great Dane Graphics
    P.O. Box 996
    Mandeville, LA 70470

  10. Miscellaneous

    1. Upon reasonable notice, GDG may, at its discretion, either through its own employees or through a third party, audit Subscriber’s records related to this Agreement and use of Licensed Material in order to verify compliance with the terms of this Agreement. If any such audit reveals any unauthorized use by Subscriber, Subscriber shall pay for the cost of such audit and GDG may exercise any rights it has against Subscriber for such unauthorized use.

    2. If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

    3. This Agreement, the Terms and Conditions and the Privacy Policy contain the parties’ full understanding as it relates to the subject matter herein. No terms or conditions may be added or deleted unless made in writing and accepted in writing by an authorized representative GDG. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Subscriber, the terms of this Agreement shall govern.