JoyPixels
Free License Agreement
Version 6.5 - February 1, 2021
1. Acceptance of this agreement
By using the JoyPixels Properties (defined below), you agree to be bound by the terms and
conditions of this license agreement.
2. You and JoyPixels
2.1 JoyPixels
JoyPixels Inc. is a Nevada Corporation. JoyPixels Inc. will be referred to in this agreement as
JoyPixels, We, Our, or Us.
2.2 JoyPixels Artwork
This license applies to the following artwork, which we will refer to as the JoyPixels Artwork for
this agreement, (the âJoyPixels Artworkâ).
All free version releases within the sixth, fifth, fourth, and third series of signature emoji (any
6.x, 5.x, 4.x, and 3.x version) only. Note: We reserve the right to remove older signature emoji
series (version 5.x, 4.x,
and 3.x) from our website at any timeâat which time they will no longer be available for
download.
2.3 JoyPixels Properties
The JoyPixels Artwork, name, logos, trademarks, graphic files, and copyrights will be referred to
collectively in this agreement as the JoyPixels Properties, (the âJoyPixels Propertiesâ).
2.4 What if you donât agree to these terms and conditions?
If you do not agree to the terms and conditions below, do not access or use the JoyPixels
Properties. If you have any questions or concerns about this agreement, please feel free to contact
us at licensing@joypixels.com .
3. License
Subject to the terms and conditions in this agreement we agree to grant you a personal, limited,
revocable, non-exclusive, non-transferable, non-sublicensable license to use the JoyPixels
Properties on the terms and conditions provided in this agreement. We reserve all rights in and to
the JoyPixels Properties. This license is personal to you and allows you to access and use the
JoyPixels Properties for your own
projects. You agree not to transfer, distribute, sell, or modify the JoyPixels Properties. All
rights not specifically granted hereunder are reserved to JoyPixels.
3.1 Ownership of the JoyPIxels Properties
The JoyPixels Properties and other intellectual property rights of JoyPixels (collectively, the
âJoyPixels IPâ) are and shall remain the property of JoyPixels. All uses of the JoyPixels IP
under this agreement shall inure to the benefit of JoyPixels. You expressly acknowledge
JoyPixelsâs exclusive ownership of the JoyPixels IP, and all trade dress, advertising themes and
other intellectual property used in connection with the JoyPixels IP, whether such intellectual
property is registered or exists under common law. You further agree that, in the event you are or
might have been deemed to have acquired any rights in any of the JoyPixels IP (other than limited
rights granted by this agreement), those rights shall be and herein are assigned to JoyPixels,
together with all goodwill associated therewith. You shall promptly, upon the request of JoyPixels,
take all steps necessary to execute, acknowledge and deliver to JoyPixels any and all further
instruments and assurances, necessary to effectuate the foregoing. You agree not to attack, dispute
or contest such ownership or the validity of any rights of JoyPixels in the JoyPixels IP, whether
such rights are registered, are contained in a pending application, or exist under common law. You
shall not claim any title to or right to use the JoyPixels Properties, JoyPixels IP, or any
variation thereof, other than the right to use the JoyPixels Properties under this agreement.
3.2 PERSONAL USE ONLY - no commercial use
All uses under this agreement shall be for personal use only. Licenses for commercial purposes and
for business and non-profit entities must be granted under a separate fee license agreement.
There is one exceptionâbusinesses and non-profits may use the JoyPixels Artwork under this
agreement for internal implementation testing purposes only (i.e. design drafts, prototypes,
mock-ups, etc.) to evaluate functionality or compatibility for a particular purpose.
Note: Businesses, non-profits, and individuals that have purchased a premium license can use the
free JoyPixels Artwork under the terms and conditions of their premium license agreement.
3.3 IMAGE SIZE AND FORMAT LIMITS - .png format only
Any JoyPixels Artwork used under this agreement must adhere to the following guidelines: (A) .png
format only (.svg file format use is not allowed); andâ¨(B) cannot exceed the size of 128 x 128
pixels.
3.4 What CAN you do with the JoyPixels Properties under this agreement?
You can display it for personal use on your own projects as long as:â¨(A) you use the JoyPixels
Properties as a component of something that required time, effort, and skill to createâsuch as
your personal website, videos/photos, social media content, banners/signs, artwork, crafts, school
project, classroom lesson/assignment, etc.; andâ¨(B) you comply with the other terms and
conditions of this agreement.
There are some exceptions to what can be done with the JoyPixels Properties under this license
detailed below in Section 3.5.
3.5 What CANâT you do with the JoyPixels Properties under this agreement?â¨(A) Use it for any
business or non-profit entityâthis license is for personal use by individuals. (with
the one exception detailed in Section 3.2 permitting implementation testing use by businesses and
non-profits)
(B) Use it for any commercial purposeâthis includes anything that generates revenue either
directly or indirectlyâincluding donations. (for commercial licensing contact us at l
icensing@joypixels.com )â¨(C) Use it for any merchandising purpose or in the creation or sale of
tangible/physical products such as
promotional products, shirts, cards, stationery, books, packaging, print-on-demand items, etc. (for
consumer goods licensing contact us at l icensing@joypixels.com )â¨(D) Use it in any
advertisementâincluding digital advertisementâor for any promotional or endorsement purpose. (
for advertising licensing contact us at l icensing@joypixels.com )
(E) Use it for a client of yours or for any third partyâincluding ad agencies and all other
representatives of third parties. (for client or third party licensing contact us at l
icensing@joypixels.com )
(F) Use it in the creation of digital or other educational content except for teachers/students for
their
own personal useâyouâre not allowed to create material for entire school districts,
organizations,
etc. (use by teachers and students is limited to their own personal school, classroom, or projects)
(G) Use it for any charity or fundraising purposeâincluding individual or personal
projects/campaigns .
(H) Sell or license itâyou may not sell, license, sub-license, lease, rent, lend, or redistribute
the rights
hereinâincluding using the JoyPixels Properties as an upsell item, in-app purchase, add-on, etc.
(I) Use it in digital templates that will be resold or distributed to multiple peopleâsuch as
design
apps, themed templates, etc.
(J) Use or rebrand the JoyPixels Artwork under a different name.
(K) Allow others to extract the JoyPixels Artwork, in whole or in part.
(L) Include it in open source projects or cryptocurrency projects. (we support these types of
projects however they require a custom license agreementâplease contact us at l
icensing@joypixels.com )
(M) Use it in a logo.â¨(N) Register as a trademark any of the JoyPixels Properties, or any
products or works that include the JoyPixels Properties.â¨(O) Use it to suggest an endorsement
from JoyPixels.â¨(P) Modify itâany modification including color changes are not allowed.
4. Damages
If you breach this agreement, we have the following remedies, if we feel they are merited:
(A) You agree that if you violate this agreement we can get an injunction against you.â¨(B) You
agree that if you violate this agreement you will pay us 100% of all revenue youâve received from
items that youâve sold in violation agreement as well as any damages deemed appropriate by a
court of competent jurisdiction.
5. Amendments
You agree that we may change or modify these terms and conditions. If we make changes to these
terms and conditions, we will provide notice of the changes by updating this agreement at
https://www.joypixels.com/licenses/free . By continuing to use our JoyPixels Properties, you
confirm
your acceptance of the revised terms and conditions. If you do not agree to the amended terms and
conditions, you must stop using our JoyPixels Properties.
6. Termination
This license continues until it is terminated by either party, which can happen at any time. We
reserve the right to terminate this agreement for any reason. In the event of termination you will
no longer have any rights to use the JoyPixels Properties.
7. Indemnification
You shall indemnify us and hold us, our officers, directors, employees, affiliates, successors, and
assigns, harmless from any damages and liabilities (including reasonable attorney fees and costs):
(A) Arising out of or related to this agreement;â¨(B) Arising out of your use of the JoyPixels
Properties, any alleged defects or failures to perform of the JoyPixels Properties, or any product
liability claims; andâ¨(C) Any claims arising out of your advertising, distribution, marketing, or
sale of the JoyPixels Properties.
8. Arbitration
Any dispute, claim or controversy arising out of or relating to this agreement will be determined
by arbitration in Las Vegas, Nevada. The arbitration will be administered by JAMS pursuant to
JAMSâ Streamlined Arbitration Rules and Procedures and will utilize the Final Offer (or Baseball)
option. The latest rules and procedures can be found on the JAMS website (
https://www.jamsadr.com/rules-streamlined-arbitration/ ). Judgment on the award may be entered in
any court having jurisdiction. This court will not preclude parties from seeking provisional
remedies in aid of arbitration from a court of appropriate jurisdiction.
9. No warranties
All Items are provided "as is" without warranty of any kind, either express or implied, including,
but not limited to the implied warranties of non-infringement, merchantability, or fitness for a
particular purpose.
10. Applicable Law
This agreement will be construed in accordance with and governed by the laws of the State of
Nevada. Las Vegas, Nevada shall be the exclusive venue for any action brought by any party in any
way related to this agreement.
11. Waivers and modifications must be written
Any waiver or modification to this agreement must be written.
12. Assignment
We can assign our rights under this agreement without restriction. If youâd like to assign your
rights under this agreement, you will need to get prior written permission from us before you can
do so (and we canât guarantee that weâll allow it, though weâll try).
13. Severability
Invalidity or unenforceability of one or more provisions of this agreement shall not affect any
other provision of this agreement. If possible, any unenforceable provision within this agreement
will be modified to reflect the partiesâ original intention.
14. Entire Agreement
This agreement is the entire agreement of the parties and supersedes all prior agreements as to the
use of the website. If you have any questions or concerns regarding any of the terms and conditions
above, please feel free to contact us as licensing@joypixels.com.