Q: I'm looking to use online software to create/generate activity puzzles, journal pages etc for commercial use.
The tools require varying amounts of user input.
The site's terms, which govern the users use of all website pages and services say downloaded files can be commercially used to create book covers, print books, digital printables or eBooks and that the terms, disclaimers and legal notices constitute the whole agreement between the company and user in relation to their site usage, replacing all previous agreements and understandings.
But, the FAQ page says downloaded files can be used in any way. I emailed and the owner said the same and that the user has full ownership rights, both of which is what I'm looking for.
a. Since the terms, legal notices and disclaimers, constitute the entire agreement, (I don't think the FAQ is a part of these) can I go by what the owner says, since they can decide what users can/can't do?
b. Is it ok that the terms don't mention more details e.g. whether or not there's any editing restrictions, the amount of puzzles that can be generated etc?
Thanks
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A:
When using the site, it's important to prioritize the terms, legal notices, and disclaimers, as they constitute the entire agreement between you and the company. Since the FAQ isn't part of this agreement, what the owner says in an email holds more weight, especially if they confirm full ownership rights and the ability to use the files in any way. However, it's always a good idea to keep that email as written proof of what the owner stated.
Regarding the lack of specific details in the terms, it’s generally acceptable as long as the key permissions you need, like commercial use and ownership rights, are clearly granted. However, if you're concerned about potential limitations, such as editing restrictions or the amount of puzzles you can generate, you might want to ask the owner for more clarification or request a written statement covering these specific aspects.
Overall, you can likely proceed based on what the owner has confirmed, but keeping documentation of that communication is wise in case any disputes arise later.
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