Terms of use: digital art

Terms & Conditions of Use of digital Scrapbooking and Clip art

In a nutshell: Our products are for PERSONAL use only

*Do not re-sell
*Do not share with friends
*Not for commercial use
*Do not claim as your own
*Do not redistribute

Please take a moment to read our terms and conditions for browsing and shopping on our site. These guidelines set the conditions for use of our site. Whether you read this section of our site or not, these terms remain binding upon you and your interaction, correspondence and purchase transactions. By using our site and any or all of our services including message boards, galleries, free downloads, free browser, shopping, newsletters, etc. you agree to our terms of use, including our policies. If you have any questions, please contact us.

If you do not agree with our terms and conditions, please do not use the images from this site.

Indemnification

By using our site, you agree to indemnify, defend, and hold harmless Don Tate, dontatestuff.wordpress.com/, and its affiliates from and against any and all unfortunate events, damages, expenses, losses, including attorneys’ fees, related to or arising from any of your interactions with this site. This agreement to indemnify and hold harmless  Don Tate, dontatestuff.wordpress.com/ and its affiliates includes but is not limited to use of any and all aspects of this site such as the use of our services, message boards, galleries, shopping cart and payment processing services, newsletters, information, tips, inquiries, links, downloading, using, printing, displaying any of our products, etc.

All products displayed and purchased at the Don Tate, dontatestuff.wordpress.com/ website store are copyright protected and registered with the United States Copyright Office. By installing, using, printing and creating derivative works purchased online at  Don Tate, dontatestuff.wordpress.com/ (herein after referred to as Designs), you agree that the Designs are the personal property, copyright of Don Tate, and are licensed to you as an individual user and are subject to the Angel Policy as outlined below:

Security Warning

FBI Warning: The  unauthorized reproduction or distribution of this copyrighted work is illegal.
Criminal copyright infringement, including infringement without monetary gain,
is investigated by the FBI and is punishable by up to 5 years in federal prison  and a fine of $250,000.

We report and prosecute file sharing individuals and groups to the FBI through their agency
IC3 online at: http://www.ic3.gov/

Resource: http://www.fbi.gov/ipr/

When you purchase downloads and/or CD collections you are buying a limited
license to use our products according to our terms of use.  By installing, using,
printing and creating derivative works using our products, including royalty free music,
purchased online at daisiecompany.com (herein after referred to as Designs),
you agree that the Designs are the personal property, copyright the artist and
or designers, and are licensed to you as an individual user and are subject to
the Angel Policy as outlined below:

You have the right to perform the following actions:

1. You can copy and alter the Designs on your computer, or trace them onto a craft medium
such as tin, wood, paper, etc. for your own personal use.

2. You can print the artwork onto the following mediums using only your personal home printer.
No commercial printers or presses are allowed under this policy. Printable mediums sized to
fit your personal home computer printer such as paper, printable icing sheets, iron-on sheets,
magnetic sheets, window clings, transparencies and other printable mediums sized to fit and designed
for use in a personal home computer printer for your own personal use.

3. You can make one back-up copy of the Designs on CD or other memory device.

4. You can follow the Professional Hand Crafter’s Angel Policy as outlined herein:

A. All Personal Computer Crafts, Scrapbooking Lay Outs, and handmade
items made using the designs must acknowledge the ARTIST and/ or DESIGNERS as
the artist/owner by including: Images © ARTIST’S FULL NAME on the item you created.
To type the copyright symbol do the following:While holding down
the ALT key as you type in the numbers using the number key pad only type 0169.
This will produce the copyright symbol: ©.
Displaying the finished item you have created on a
web site or online gallery requires that you acknowledge
the artist’s and designer’s name(s). If multiple artist’s
works are used for the product, you are required to list
them all and state that the artwork is available at
http://www.daisiecompany.com

B.You must create your own photo samples of your
completed craft item. Using Don Tate product
shots is strictly forbidden and is a violation of our
trademarks and copyrights.

C.You may create and sell completed tangible crafts and scrapbook lay outs
and albums using the Designs in any product category except digital products,
downloaded products, or CD or other memory device products. You may not
resell our digital downloadable products, or create digital, downloadable
products with our products in anyway, for any use–not personal use,
and not for sale.

D.Your handmade crafts can be sold at craft fairs,
and other venues, including online web sites, as long as
you do not sell more than * two hundred (200) products
using the same image or design during the period of one
calendar year. If you are an eBay seller, you must provide artist copyright information in your auction descriptions.

E. At no time are you allowed to sell craft kits, or individual images
printed on a page to be cut out and assembled by your customers.
Examples of items you may not sell under our policy include but are not limited to:
a magnetic sheet, window or transparent clings, iron-on sheets, frosting sheets, decoupage sheets, etc.
Your items must be completed by your own hands and sold as completed item.
A kit is not a completed craft item.
The only exception to selling an item printed out on a sheet,
and simply cut out, is a candy wrapper or a popcorn wrapper.
You may make and sell candy wrappers and popcorn wrappers as long as they
are printed on your home printer, cut out by your own hands on a paper cutter in your own home.
You must adhere to the 200 uses per graphic per year. One use of an image is considered to be
the use of a graphic, even if another graphic is added to it. Derivative works (the combining
of other images to make a new design is still consider one use of the same image.

F. No digital format items may be created and sold, given away,
or distributed by you in digital format. This means no downloadable
products. No products sold on a CD or other memory device.
No digital swaps are allowed.

G. Examples of products you are allowed to create by your own hands
and sell or give as gifts: Scrapbooking: complete paper layouts (not kits),
complete paper albums. Greeting Cards: completed cards (not kits).
Printable Crafts: All items must be completed paper items which are printed,
cut and assembled by your own hands. No digital printables may be created and sold,
given away, or distributed by you in digital format.
Novelty Items: altered paint cans, custom candy wrappers, lamp shades, glass blocks,
mouse pads, totes, stationery sets, book marks, bulletin board sets, t-shirts,
quilt squares, jar labels, recipe cards, decoupage wood items, indoor/outdoor signs,
hand-painted outdoor yard displays (Christmas), gift bags, gift boxes.

H.Expanded Angel Policy for Professional Hand Crafters:
Special requests and permission can be obtained for items in excess of 200
uses of an image. The request must be made by email to
tate2@aol.com.

Each artist has the right to negotiate Expanded Angel Policy License Agreements
and name their terms and price. Expanded Angel Policy Licenses must be negotiated
in writing and signed by both the artist and the professional crafter seeking the
expanded license agreement. Permission must be obtained in writing from
Don Tate prior to creating and selling the items for your event.
Contact us about our angel policy here: Tate2@aol.com

5. You can to use clip art in your personal web site or blog with written permission. Please email Tate2@aol.com to obtain permission.

6. You can create no more than (ten) 10 digital sig tags using the same images.
You may make low resolution, (no higher  than 72 dpi quality), personalized sig tags.
This means that the sig tag bears the name of the person you have designed it  for.
It must also include the name of the artist whose images are used in the  sig tag.
You may not sell any digital or  downloadable item using images by our artists, or
created by yourself using images purchased at  daisiecompany.com.

7. You can seek and  may be able to obtain a Commercial Use License.
If you seek licensing, you can reach Don Tate through his licensing agent at artagent@cruisecreative.com.

8. You can display  or publish your own personal Lay Outs and Craft Creations,
Signature Tags in  online galleries, message boards, magazines, and personal web pages.
You must display the following information in  your online gallery, message board, web site,
and any other submissions or  online store including eBay:  Display © Don Tate. Provide artist contact information Tate2@aol.com.

All layouts posted in online galleries can be no larger than
72 dpi with a maximum image size of 600 by 600 pixels.

You do NOT have the right to perform the following actions:

1. You can not post Individual images online without obtaining written express permission
from Don Tate for each image or collection of images. If written permission is granted,
all images must be right-click-save protected, and Don Tate’s name as well as the location where
the artwork was purchased must be displayed on your website, including eBay.

2. You can not Display our Product Shots and Photos
of finished items on your website or eBay or ecommerce store,
or any venue whether it be an online or physical location.

3. You can not sell unfinished craft projects and kits.
Examples of finished products using these types of printable mediums are as follows:
frosting sheets, decorated cookies, cakes and confections, cut out window cling collections enclosed
in a handmade or hand decorated container, completed decoupage greeting cards which are fully assembled
and not sold partially complete or as a kit, a t-shirt, a completed quilt, an altered paint can,
candy and candy bar wrappers, wrapped candy bars and treats, (these wrappers  must be cut out by the crafter
who is selling the wrappers and not by the purchaser who ordered the wrappers), a set of magnets
cut out from the magnetic sheets and enclosed in a handmade or decorated tin lunch box as a complete gift set.
You can not sell our images or printables individually printed out on paper or other printable medium and
sold as a single sheet or a group of sheets,  or as part of a kit of any kind.
All items must be cut out by your own hands and created into a complete stand alone craft item.
This includes and is not limited to printing and selling the following items: decoupage sheets and/or kits,
paper scrapbook elements sheets, papers and/or kits, greeting card kits, window cling sheets, magnetic sheets,
printed out pages of our printable products such as can wrappers, purses, novelty items, candy bar wrappers,
book marks, iron-on sheets, etc.  All handcrafted items you sell must be printed, cut out, and assembled.

EXCEPTIONS: Only the following items are considered a finished craft project, as long as they have been printed
and cut out  by your own hands using your  home computer, personal printer, and personal cutting system;
wrappers such as candy and candy bar wrappers, popcorn wrappers, frosting sheets, book marks, jiffy pop covers,
and matchbook mints.

4. You can not  use the Designs in *commercial production or projects.
Commercial license agreements may be available for those who desire to sell
more than 200 products of the same design per year. Please contact Don Tate for information about commercial use. Mass production consists of
manufacturing more than 200 products using the same image, with or without the
assistance of machinery, multiple personnel, such as assembly line production.
EXCEPTION: * Royalty Free Music can be used for commercial productions.

5. You can not make more than one back-up copy on CD or other memory device.

6. You can not distribute Don Tate’s printable Prints
(Printable) products either fully or in part as a component of,
or background for email stationary (Incredimail or any other).

7. You can not share, loan, resell, rent or distribute the Designs as a set or individually.
This includes creating brushes and tubes. File sharing is illegal and violators will be prosecuted.
File sharing with groups is illegal. Violators will be reported to the FBI Internet Fraud Database.
* File sharing is not the same as making a handmade tangible craft item and giving it as a gift to a
single friend or family member.

SECURITY- WARNING- we digimarc™ our digital products to protect our copyright and report infringements to the appropriate parties and law enforcement officials.

We report online piracy of digital products.

We hope you enjoy our products. Just be respectful.

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