Scrapz n Bitz Commercial Use TOU (Revised 01.03.2010)

[Scrapz 'n Bitz]

Limited Commercial Use License

Granted by:
Vanessa Fellows (Scrapz 'n Bitz Designs)

Firstly, thank you for purchasing and downloading this license and one of my designs for use in your Design Business. I hope the designs are to your liking and if you have any questions about this License or the use of my products, please feel free to contact me using the contact details provided below.

Please read through this “License Agreement” carefully before using my products as downloading and using them constitutes your full acceptance and agreement to abide by the terms and conditions below.

License:

This Limited Commercial Use License is NOT intended for large businesses or re-distributors and only applies to products offered for sale as “Commercial Use” by Vanessa Fellows designing as Scrapz 'n Bitz Designs.  This license does not apply to my S4H/S4O or PU products.

This Limited Commercial Use License covers the items contained in this zip file download only.

Copyrights

Please remember that a Limited Commercial Use License does not give you the right to do just anything you want with these products.  

The intellectual copyrights to the images and designs contained within this digital download are registered to and remain the property of Vanessa Fellows, Scrapz 'n Bitz Designs.  Please remember that even if you alter my graphic designs/images, the intellectual copyright for the original designs will continue to belong to Vanessa Fellows, Scrapz 'n Bitz Designs.  

As the graphic designs, and images contained within this digital download are covered by International Copyright Laws, you are not entitled to:

• Distribute these graphics in their original format or merely renamed and included as another product for sale.  
• Redistribute, loan, share my kits/papers/elements in any way to friends or family.    Please redirect them to my site where they can purchase my products themselves.
• Distribute my designs, whether free or purchased in any on-line collections, “Shares Groups” such as Yahoo groups or peer to peer file sharing programmes, newsgroups, chats, etc.  This is considered to be digital piracy, and copyright theft and is not only ILLEGAL but punishable by legal prosecution!

Please be sure to read the terms that you are agreeing to carefully. Thank you!

Terms and Conditions

Under the terms of this agreement, you may:

• Create one digital copy of this digital scrapbook kit for your archive purposes as I do understand how distressing it is to lose what you have purchased due to viruses or hard drive failure.
• Use these products in your design business, however you must make something new with my products/graphics in order to be able to sell them as part of a kit.  In other words, you may not just repackage and sell the original graphics files you received or recolour them and then resell them as “altered”.  These products/graphics must be incorporated into something new that you’ve created yourself.
  
  There are however instances where there will be exceptions to this that I have tried to cover as follows:
  
  i)   Greyscale graphics are created that way in order to facilitate easy re-colouring of the graphics themselves.  In most cases it is feasible to re-colour and use the graphics in a way that significantly alters them and "makes them your own".  e.g. Flat ribbons can be re-coloured, twisted, added to tags, stapled, stitched, used in clusters or for frame wrapping etc.
  
  ii)   Where CU items have been supplied as extractions, metallic objects or digitally created objects, there may be times where it is not physically possible to alter the graphic significantly as a "stand alone" item without detracting from the look of the graphic.  For items such as this, I agree to you using the original graphic file within your kit, but retaining the original file name and inserting a small credit at the bottom of your TOU.
  It is just basically applied common sense, but if you are in any doubt, please don't hesitate to contact me.
• Use my commercial use items in S4H/S4O, PU layered templates provided they are merged with one of your elements/papers and not supplied as an elemental part of the template.
• Use my digital scrapbooking kits for the creation of customised web/blog designs for commercial concerns, however this will require the purchase of a separate Commercial Use Licence for the kit used.  The final images must be supplied to your client as 72ppi flattened JPeg files.  Also, credits must be given on the website (graphics created by Scrapz 'n Bitz Designs - http://www.scrapznbitz.com)
• Create web graphics, trademarks, logos, or promote any type of business or personal site using my commercial use products.
• Sell the crafts/products/designs that you create using my commercial use items on your own website/blog, on other people’s websites and at craft shows.  
• Use my Commercial Use products to create complimentary elements for your S4H design business or for your own personal use.

Under the terms of this agreement, you may not:

• Distribute these graphics in any format except for the uses defined above.  They MUST be significantly modified by you, not just re-coloured or renamed.
• Claim these graphics as your own either in their original state, or in an altered state.
• Use my elements to create your own commercial use items.  They are intended for the creation of complimentary elements of a scrapbooking kit or to create complimentary elements for personal or S4H/S4O use.
• Produce projects for mass production or resale by yourself or a client without first purchasing a separate Commercial Licence.  This eventuality is not covered by this Limited Use Commercial Licence.  By “mass production” I mean production of single items in high volume – e.g. calendars in excess of 100 copies, volume production of cards etc.
• Use my scrapbooking kits with a Commercial Use License to design websites or blogs for customers who intend to promote obscene or violent images, racism or sexist comments.  I know you cannot legislate the content of your customer's sites, but I am sure you will understand that I do not want my name associated with such sites.
• Rename, modify and/or resell my PSP/PS Tools (Actions, Scripts, Styles, Custom Shapes). You may however create your own elements with them and then resell the individual elements as part of a kit.
• Use any of my products as a base from which to create a script/action.
• Use any of my tutorials hosted at http://scrappintutz.blogspot.com as a base to create a script/action.
• Share these files with ANYONE. This is considered to be pirating, and is ILLEGAL!

Designer Credits

I do not require credit to be given for the use of my Commercial Use products within digital scrapbooking kits created by yourself for resale, with the exception of paragraph ii) above.   However if you should design any websites or blogs using my digital scrapbooking kits with an accompanying Commercial Use or S4H License then I require the following credit to be included on the website (graphics created by Scrapz 'n Bitz Designs - http://www.scrapznbitz.com)

Termination

This license will be automatically terminated if you violate the terms and conditions of this agreement as described above.

On termination, you must destroy all copies of my files.

Thank you.

Vanessa Fellows
Scrapz 'n Bitz Designs

Email:   scrapznbitz@gmail.com
Blog:    http://scrapznbitz.blogspot.com
Store:   http://www.scrapznbitz.com