Last Updated: March 2025
This End User License Agreement (“EULA”) is a legal agreement between you (“Licensee”) and Occurrent Arts LLC, doing business as Artshiftr (“Artshiftr”). By purchasing, downloading, installing, or using Artshiftr Products (“Products”), you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Products.
1. LICENSE GRANT
Artshiftr grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use the Products in commercial, non-commercial, and educational projects.
2. PERMITTED USES
a. Commercial Use: You may incorporate the Products into your commercial projects (including but not limited to films, games, client projects, and advertisements) without additional royalties.
b. Unlimited Projects: You may use the Products in any number of projects as long as you comply with the restrictions set forth in this EULA.
3. RESTRICTIONS
a. No Resale or Redistribution: You may not sell, distribute, sublicense, rent, or otherwise transfer the Products as standalone files or in any manner that allows third parties to extract them.
b. No Merchandise: You may not directly reproduce the Products on merchandise for sale or distribution (e.g., T-shirts, mugs, posters, prints) without a separate written agreement from Artshiftr.
c. No Reverse Engineering: You may not reverse engineer, decompile, or disassemble the Products.
d. No Unlawful Use: You may not use the Products in any manner that violates the law or infringes upon any third-party rights.
4. CUSTOM LICENSING
If you require usage beyond the scope of this EULA—such as large-scale broadcast, major film distribution, or direct merchandising rights—please contact support@artshiftr.com to discuss a custom licensing agreement.
5. TERMINATION
Artshiftr may terminate this EULA at any time if you breach any of its terms. Upon termination, you must destroy all copies of the Products in your possession or control.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Artshiftr be liable for any damages arising out of the use or inability to use the Products, even if Artshiftr has been advised of the possibility of such damages.
7. GOVERNING LAW
This EULA is governed by the laws of the State of New York and the federal laws of the United States of America.
8. DIGITAL DELIVERY AND FILE INTEGRITY
a. Delivery: The Products are delivered digitally. You are responsible for ensuring that you have a stable internet connection and compatible software or hardware for downloading and using the files.
b. File Integrity: Artshiftr is not liable for file corruption, incomplete downloads, or any alterations that occur after the files have been made available to you.
9. DERIVATIVE WORKS AND MODIFICATIONS
a. Creation of Derivative Works: You may modify or adapt the Products only as reasonably necessary to incorporate them into your projects, provided such use does not violate Section 3 (Restrictions).
b. No Resale of Derivatives: Even if you modify the Products, you may not resell, redistribute, or otherwise make them available as standalone or competing products.
10. REFUND POLICY
a. Digital Sales Are Final: Due to the nature of digital goods, all sales of the Products are final. No refunds will be provided except as required by law.
b. Technical Issues: If you experience technical problems accessing or using the Products, please contact support@artshiftr.com for assistance. We may, at our sole discretion, offer a replacement if the file is found to be corrupt or unusable.
11. THIRD-PARTY PLATFORM TERMS
a. Sales Channels: The Products may be sold or distributed through third-party platforms (e.g., Gumroad, stock media sites). You acknowledge that your purchase and use of the Products may also be governed by the terms of service of these platforms.
b. Conflict of Terms: In the event of a direct conflict between this EULA and the third-party platform’s terms, the platform’s terms may take precedence solely with respect to payment, refunds, or any platform-specific obligations. In all other respects, this EULA will govern.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Artshiftr, its affiliates, and their respective officers, employees, and agents from and against all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Products or your breach of this EULA.
13. WARRANTY DISCLAIMER
The Products are provided “AS IS” and “AS AVAILABLE,” without warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Artshiftr does not warrant that the Products will meet your requirements or be error-free.
14. ENTIRE AGREEMENT
This EULA constitutes the entire agreement between you and Artshiftr and supersedes all prior understandings or agreements, whether written or oral, relating to the Products.
By downloading, installing, or using the Products, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.