This Licensing Agreement governs the terms of usage for all digital downloads of the #BigLawFail® comic strip (the "Artwork").
The Artwork is copyrighted by BigLawFail Media, LLC and may not be used for any purpose without written permission. Unless otherwise stated, any permission granted is non-exclusive, non-transferable, and limited to one-time, non-commercial use only.
The Artwork may not be altered in any way other than resizing for display purposes. Identifying information on the Artwork may not be removed without written permission. This includes, but is not limited to, the title of the Artwork, author's name, copyright notice, website address, contact information, and any meta data.
BigLawFail Media, LLC expressly reserves all rights not specifically granted in this Licensing Agreement.
LIMITATIONS ON USE
Upon purchasing a digital download of the Artwork, BigLawFail Media, LLC grants you a one-time, non-commercial, non-exclusive, and non-transferable license to use the Artwork in accordance with the limitations set forth below.
Subject to the restrictions described under "Non-Permitted Use", you may use the Artwork as follows:
- In a presentation for personal, business, or educational purposes.
- In a print or digital newsletter for personal, business, or educational purposes.
- On a website for personal, business, or educational purposes.
- Any other use permitted in writing by BigLawFail Media, LLC.
Unless you obtain prior written permission, you may not use the Artwork as follows:
- In any advertisement or promotional material relating to any product, event, or service. For this type of use, please contact us for rates.
- In any printed or digital publication or product that is offered for sale. For this type of use, please contact us for rates.
- In any manner that enables the Artwork to be copied, downloaded, exported, or distributed via electronic devices or shared in any peer-to-peer or similar file sharing arrangement.
- In any manner that is considered by BigLawFail Media, LLC or under applicable law to be pornographic, obscene, immoral, infringing, defamatory, or libelous in nature.
DISCLAIMER OF WARRANTIES
The Artwork is provided to you solely on an "as is" basis, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY
In no case shall BigLawFail Media, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Artwork. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless BigLawFail Media, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising from your use of the Artwork in a manner that violates this Licensing Agreement.
Your right to use the Artwork under this Licensing Agreement is subject to immediate termination if you use the Artwork in a manner that violates any term of this Licensing Agreement, or if you otherwise breach any provision of this Licensing Agreement.
This Licensing Agreement constitutes the entire agreement and understanding between BigLawFail Media, LLC and you with respect to licensing the Artwork.
If any part of this Licensing Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of the agreement will be interpreted so as to reasonably effect the intention of the parties. Any ambiguities in the interpretation of this Licensing Agreement shall not be construed against the drafting party.
Any failure of BigLawFail Media, LLC to exercise or enforce any right or provision provided in the Licensing Agreement shall not constitute a waiver of such right or provision.
This Licensing Agreement shall be governed by and construed in accordance with the laws of the State of California.
You expressly agree that exclusive jurisdiction for any claim or dispute with us resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Contra Costa County, California.
We may update this Licensing Agreement from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
For more information about licensing, please contact us using the details provided below:
BigLawFail Media, LLC
460 Center Street #6065
Moraga, CA 94570
+1 925 888 8208
Last Updated: October 5, 2023