The template material (hereinafter referred to as the “Free Design Template”) provided free of charge in PIXTA (https://www.pixtastock.com/)(hereinafter referred to as the “Service”) is to be provided for the purpose of a marketing research by PIXTA Inc.(hereinafter referred to as “Pixta”) operating the Service which is the online market place of microstock contents such as photographs, illustrations, footage, and music. The User of the Service agrees that Pixta may, at its own discretion, change the specifications, cease the provision, or charge for the Free Design Template without any notice, provided, however, that the User will not be charged later for the Free Design Template that has been downloaded during the free offer period.

This Terms and Conditions for PIXTA Free Design Template (hereinafter referred to as the “Template License Terms”) stipulates terms and conditions for using the Free Design Template by the User who has completed the membership registration of the Service (hereinafter referred to as the “Member”). In using the Free Design Template, in addition to the Terms of Use of the Service (including the “License Agreement”, https://www.pixtastock.com/terms, hereinafter referred to as the “Terms of Use”), the Template License Terms shall apply. If there is any conflict between the Terms of Use and the Template License Terms, the Template License Terms shall prevail when using the Free Design Template. Unless otherwise specified in the Template License Terms, the terms defined in the Terms of Use shall have the same meanings herein.

Article 1 (Agreement to the Terms)

The Member shall be deemed to have agreed to the Template License Terms when the Member downloads any of the Free Design Template. The Free Design Template constitutes a part of the Content of the Service, and unless otherwise specified in the Template License Terms, the Free Design Template shall be used in accordance with the provisions for the use of the Content in the Terms of Use.

Article 2 Permitted Use

  1. The Free Design Templates may be used for personal or family use, or any other use of a similarly limited scope, and for indirect commercial use in which the Free Design Template may be used in any materials etc. for the purposes of presenting to customers, soliciting customers, or notifying the public.
  2. The Free Design Template may only be used for the scope expressly permitted in the paragraph 1 of this Article such as personal or family use and for the purpose of indirect commercial use. The Free Design Template shall not be used for direct commercial use in which the Member makes a profit by selling the Free Design Template or any products based on or made through processing or altering the Free Design Template, or shall not be sublicensed or redistributed, whether with or without  compensation. The Free Design Template shall not be used for the purposes and the Extended License Purpose both stipulated in the Terms of Use, except expressly permitted herein.

Permitted uses of the Free Design Template

Free Design Templates are available for personal use (for personal or home use, or for other limited purposes) and Indirectly for commercial purposes (to be used for presentation to customers, to acquire customers, and for documents to inform the public, etc.)

About Indirectly commercial purposes

  • Examples of indirectly commercial uses
    • Flyers (flyers for posting, flyers for street distribution, flyers for installation in stores, etc.)  (e.g., event flyers, opening sale flyers, promotional flyers, etc.)
    • Posts (e.g., warning posters, internal and external newsletters, introduction of recommended product)
    • Advertising (e.g. web banners for SNS)

Article 3 Prohibitions

  1. The Free Design Template shall not be reproduced, distributed, or otherwise used, whether with or without compensation, and whether it is altered or not, except for the uses expressly permitted in the paragraph 1 of the Article 2.
  2. It shall be prohibited to extract background and text images from the Free Design Template, and to use the extracted images in other products etc.
  3. The Free Design Template may be provided with the comp data of the Content, and such comp data shall not be used for purposes other than checking layouts and compositions under the Terms of Use.

Article 4 The Member’s Responsibility

  1. The Member shall be responsible for using the Free Design Template in combination with other materials (images, graphic designs, or texts, etc.).
  2. The Free Design Template includes files which are created in PowerPoint® by Microsoft. Therefore, if the Member uses such Free Design Template, the Member shall, at their own expense, prepare the system environment suitable for the software.

Article 5 Use of the Content in the Service

If the Member uses the Content provided in the Service in addition to the Free Design Template, the Member is required to purchase the Content separately. Also, in that case, the Content downloaded as an individual purchase item may be used for sales as templates only if the Member pays the Extended License fee under the Terms of Use. Regardless of the provisions of the Terms of Use, the Member acknowledges that the Free Design Template shall not be used for sales as any template in any way.

Article 6 Copyright

If the Member downloads the Free Design Template, the copyrights of the Free Design Template (including, but not limited to, visual images and text images of the Free Design Template) shall belong to Pixta or the licensors thereof, and shall not be transferred to the Member. The Member may use the Free Design Template within the scope of the license granted by Pixta under the Terms of Use and Template License Terms.

Article 7 Disclaimer

  1. In addition to the Disclaimer in the Terms of Use, the following disclaimers shall apply to the Free Design Template:
    1. If Microsoft changes the specifications of PowerPoint®, the Free Design Template may become unusable without any notice;
    2. Depending on the Member’s system environment, the Free Design Template may appear distorted or not be displayed properly;
    3. When printing the Free Design Template, the color tone depends on the performance/quality of printing machines, and the colors displayed on the screen may differ from the colors actually printed; and
    4. Pixta is not obligated to accept the Member’s request for any modification or substitution of the Free Design Template in any case. 

As of February 10, 2016