License Agreement for creative products and services by Mascot Junction, Inc. (dba PBIS Teaching Tools, and dba Thompson Advertising).
Mascot Junction provides two distinct types of licenses with its trademarked and copyrighted products. A Hard Product License comes with all printed products, such as posters, banners, signs and t-shirts. A Soft Product License comes with all electronically downloaded products such as clip art, gotcha rewards, photo recognition templates, activity sheets, award certificates, etc.
Hard Product License:
The Hard Product License applies to products such as posters, banners, signs and t-shirts printed by Mascot Junction, and/or its authorized vendors/business partners. The Hard Products License forbids the printing, or duplication, of the aforementioned products. This includes all printing, or duplication, from hard copies or electronic copies (pdf proofs, screen captures, etc.).
Soft Product License:
Mascot Junction provides a non-exclusive Soft Product License with all its Electronic Downloadable Products. The Soft Product License is limited to one school per license. Either a school, or printer, may purchase the Soft Product License, but use of the art is limited to one school. If a printer wants to use the art for multiple schools, a Soft Product License must be purchased for each school the art is used for.
What is permitted:
- The Soft Products License allows the use of Electronic Downloadable Product (artwork) by a single school, or government facility (anyone, or any computer, within a single building). A Soft Products License limits the use of Mascot Junction images for anything other than official school functions. The artwork CAN be used for any official school team, but teams not officially associated with a licensed school have to purchase the artwork/license separately.
- Use on t-shirts, apparel and school-related products for sale, or give-away
- Use as part of the licensed school's logo or team graphics
- Use on print and electronic communications related to the licensed school
- Licensed users CAN duplicate the artwork and use it on any computer(s) owned by the licensed school/facility. Everyone employed with the school can have the art on their computer, and use it for school-related projects and activities.
- Giving the art to a printer/vendor for the sole use of producing items exclusively for the licensed school.
- The artwork CAN be altered and used to produce and sell school-related or facility-related items including: shirts, uniforms, flyers, brochures, premiums, flags, banners, murals, signs, logos, posters and similar items.
What is NOT permitted:
- Giving away, selling or sharing the artwork with another school. Each school/facility needs to purchase its own Soft Product License.
- For a print vendor to use Mascot Junction licensed art to produce projects/products for more than one school. Each school must have its own Soft Product License.
- The art may NOT be offered as clipart, part of a clipart set, as art for sale, or as any design software template for sale or giveaway. Only authorized resellers are permitted to do this, and ONLY with a written, and signed contract from Mascot Junction.
Teams are considered independent entities. If they are officially associated with a school, they CAN use artwork licensed by that school indefinitely. If the team is part of a non-school league, the artwork must be purchased separately. All individual images are sold with the same restrictions found in a Soft Product License. Basically - the artwork can only be used by one team.
TERMS AND CONDITIONS OF USE FOR ALL
These Terms and Conditions of Use govern the use of the Mascot Junction Web site (MascotJunction.com) and its Content, and constitute a legal agreement between you and Mascot Junction ("Mascot Junction, us, our, we").
This Web site and its Contents are owned by Mascot Junction. All of the Content displayed or featured on this Web site, including, but not limited to, illustrations, photographs, graphics and text ("Content"), is owned by Mascot Junction, and is protected by international copyright laws. Mascot Junction warrants that it has the right to grant this license to you. Mascot Junction makes no other warranties, express or implied, regarding, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Mascot Junction shall be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of Content, including any claim of a third party. You shall indemnify Mascot Junction, against any losses, damages, expenses, or costs incurred by us as a result of your breach of the terms of this Agreement, or your unauthorized use of the Content and related rights.
Your right of usage under this Agreement is the non-exclusive, non-transferable right to use the Content in whole or in part for your school. Examples of use include: posters, banners, t-shirts, apparel, merchandise, and printed and electronic communications. Content may be used as part of a web site, but may not be used in a downloadable or FTP format.
No copies of this Content may be resold or redistributed. Content may not be rented, sold, given away, leased, sub-licensed or loaned in any form. Additionally, you agree to take all reasonable steps necessary to prevent any third party from duplicating or distributing any Content. Defamatory, offensive, pornographic, or otherwise unlawful uses of images are expressly prohibited.
This license will terminate automatically without notice from Mascot Junction, if you fail to comply with any provision of this license. Upon termination, you must immediately stop using the Content, and shall destroy all Content or copies thereof. If any provision of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect.
This Agreement shall be governed by the laws of the State of Missouri. No action of Mascot Junction, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
Mascot Junction uses reasonable efforts to ensure the quality and reliability of the Content, but we make no warranties or representations as to the Content's quality or reliability. The Content of the Web site is provided "as is," and Mascot Junction excludes any warranty, express or implied, including, without limitation, any implied warranties of satisfactory quality or fitness for a particular purpose. The Content and functions of this Web site are not warranted to be uninterrupted or without error. You, not Mascot Junction, assume the entire cost of all necessary servicing, repair or correction due to your use of this Web site. Mascot Junction will not be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Web site or the Content.
Mascot Junction retains the right to prosecute any legal or equitable action before any court (US and non-US) to obtain injunctive or other relief in the event that such action is necessary or desirable, in the opinion of Mascot Junction. Users of this Web site agree that any and all disputes arising from the use of this Web site or its Content, shall be settled by binding arbitration, at the discretion of Mascot Junction. This Agreement shall be interpreted and governed by the laws of the State of Missouri, USA. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Missouri.
Mascot Junction reserves the right to change these Terms and Conditions of Use, prices, information and available contractual license terms without notice. All rights not specifically granted to you by this Agreement are reserved. Questions on usage or rights should be directed to Mascot Junction at the address or telephone number listed below.
Mascot Junction does not guarantee the downloaded files nor provide any warranties whatsoever, implied or expressed, and without limitation, damages for loss of profits or business, data, goodwill, computer failure, or any other commercial losses or damages.
Reproduction of art. Customer is 100% responsible for examining all proofs before going to press. Mascot Junction's sole responsibility is to correct their products. Under no circumstances is Mascot Junction liable for loss of press time, material or ink.
By downloading the artwork, you agree to the terms of this license. If you do not accept the terms of this license, do not download the artwork.
Return Policy for Electronic Downloadable Products: Due to the liberal nature of the licenses for Electronic Downloadable Products, all sales of licenses are final; no refunds or credits will be allowed. The successful completion of the download by you of any Electronic Downloadable Product is considered to be the complete fulfillment of Mascot Junction's obligations.
Cancellation Policy: Mascot Junction provides quotes with no obligation to buy, so feel free to explore your options. We do not print any products until you have reviewed, revised and provided written approval of the designs. We do not invest our time in custom designing your project until we receive a Purchase Order, or prepayment, in the form of a charge card or check. You can cancel, or pause your order, PRIOR to issuing a Purchase Order or making a pre-payment, without any type of payment. Once your school issues a Purchase Order, or makes pre-payment, we begin processing your order immediately, and a $200 cancellation fee, plus the “custom design fees” reflected on the Mascot Junction’s quote that was used to generate your Purchase Order, will be required to be paid. If you choose to pick up where you left off, and move forward with the order again, you will get full credit for payments made, for a 12 month period which starts at the cancellation date. If six-months after you issue a Purchase Order, you fail to give Mascot Junction adequate instructions, final approval, or fail to respond to repeated e-mails and phone calls, we will consider the order cancelled and you will be required to pay the cancellation fee and custom design fees. Once you provide final written (signed) approval of the design proofs, you may not cancel the order. Issuance of a Purchase Order means your school agrees to the Terms and Conditions set forth by Mascot Junction.
Mascot Junction, Inc. does business as Thompson Advertising, and also as Toons4Biz®.
Mascot Junction is a single source provider. We are the creator, and owner of all the art found on our Web sites.
dba Thompson Advertising
dba PBIS Teaching Tools™
684 Bayberry Lane, Suite 105
Lee's Summit, MO 64063
Copyright 2019 Mascot Junction, Inc. All rights reserved.
Toons4biz® is a registered trademark of Mascot Junction, Inc.
Mascot Junction® is a registered trademark of Mascot Junction, Inc., Lee's Summit, Missouri.