Pertrain Licence Agreement

LAST UPDATED: January 2023

This is a license agreement between you and Pertrain that explains how you can use images that you license from Pertrain. By purchasing content from Pertrain, you accept the terms of this agreement.

What types of licenses does Pertrain offer?

Every file downloaded from Pertrain comes with a standard license. You may purchase different formats of the images for an additional cost.

Pertrain does not offer bulk discounts or specials, as prices are already as low as possible.

You are welcome to use watermarked content from the Pertrain site on a complimentary basis for test or sample layout (composite) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.

How can I use licensed content?

You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Pertrain are:

  • Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.

  • Non-exclusive, meaning that you do not have exclusive rights to use the content. Pertrain can license the same content to other customers.

  • Worldwide, meaning content can be used in any geographic territory.

  • Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses.

  1. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.

  2. No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

  3. No Use in Trademark or Logo.You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo.

  4. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.

  5. No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products, including, without limitation, postcards, mugs, t-shirts, posters and other items.

Who, besides me, can use the licensed content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

  • Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.

  • Subcontractors. You may allow subcontractors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

User Accounts.

You are responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Pertrain immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Pertrain reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Pertrain determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

Intellectual property rights.

  • Who owns the content? All of the licensed content is owned by Pertrain Pty Limited. All rights not expressly granted in this agreement are reserved by Pertrain.

  • Do I need to include attribution? You do not need to include attribution, but Pertrain would appreciation credit adjacent to the content or in visual production credits: "Cartoons developed by Pertrain.com.au"

Termination/Cancellation/Withdrawal.

File Download Refunds. Pertrain does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Pertrain.

All requests for refunds/cancellations must be made in writing. If the request is approved, Pertrain will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

Content Withdrawal. Pertrain may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Pertrain, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Pertrain may be liable, Pertrain may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Pertrain will provide you with replacement content (determined by Pertrain in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

General Provisions.

Assignment. This agreement is personal to you and is not assignable by you without Pertrain's prior written consent. Pertrain may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

Electronic storage. You agree to retain the copyright symbol, the name of Pertrain, the content's identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.

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

Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Pertrain and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.