Pollyanna Graphics Site Index

I know, you'd rather eat worms that read a long, boring list of rules that you've read in a hundred other places, but, every artist's terms are different, even if only slightly. I ask that you please read mine so that I don't have to hunt you down when I see a violation of them. Most unpleasant for both of us! *Ü*

The Basics….

I reserve the right to amend these terms at my discretion, and at any time without prior notice. Be sure to read these terms from time to time so that you are aware of any changes.

If there is anything in these terms that you don’t like or disagree with, you have the right not to purchase from me.

You are obligated to adhere to these terms whether you have read them or not. Not all terms of use are the same for every artist. There are always slight, but very important variations.

I reserve the right to refuse to sell to anyone, for any reason.

Copyright, Intellectual Property and Licenses….

When you make a purchase of any of my artwork, you are purchasing a license to use it. You are NOT purchasing the copyright or intellectual property rights. That remains with me.

Licenses are non –transferable, which means that you may not give another party authorization to use what you have purchased from me. You may not offer, share or make available, any of my artwork for download on message boards, in newsgroups, on Peer-to-Peer Networks, on auctions, or from your website. In other words, they are for your use ONLY.

Password Protected Sites….

If your site is password protected, you must supply me with the user name and password, enabling me to view my graphics on your site at any time. You must notify me of any changes you make to the username and password.

Refunds….

Once you complete a transaction and your payment is credited to my PayPal account, there will be no refunds given for any reason. Make your purchases carefully. The ONLY time that a refund will be issued is if a problem arises on my end that is no fault of your own. If a transaction is completed in good faith in which you got what you paid for in a timely manner and you attempt a chargeback via PayPal, you will not be allowed to purchase anything from me in the future and your name will be added to a 'do not sell to' list.

Replacement Fees….

I highly recommend that you save all of your purchases to a CD or other external media to keep from losing them in the event of a computer crash. If you lose your purchases and need to contact me to have them resent, there will be a $5.00 charge for resending. This applies to collections and page sets or any item(s) that are normally placed in a zip file. Individual graphics such as a single sig tag or adoption are not subject to this charge, EXCEPT if the graphic was animated. Animated graphics will require the fee. If your purchase was made over 1 year ago, I cannot resend them, period, due to the time involved in locating the purchase records and then finding the graphics themselves, as I don’t keep older graphics on my hard drive and often delete personalized graphics.

Places Where my Artwork May Not be Used….

On sites containing pornography or any other adult material, including, but not limited to, any form of nudity, soft porn or foul language. This also includes any commentary of an adult nature. Your site must be family friendly as defined by most people.

On sites that promote hatred.

On sites that are designed to harass, embarrass or defame another person.

On sites that distribute, share or make available, copyrighted material that you are not authorized to distribute.

On sites that do not credit the copyright holder or do not follow their terms of use.

On sites that discriminate based on race, religion, national origin, age or sex or disability.

On MySpace.com

On eBay.com unless otherwise approved

On ANY MSN Newsgroup site

Protective Script Requirements….

You must have the ‘no right click script’ installed on your web site, as well as the script that disables the IE6+ toolbar. If you need help obtaining these scripts and/or information on how to use them, you may contact me.

Credit Requirements….

You must provide a link back to my site at www.pollyannagraphics.com on every page where my artwork is being displayed. A link back logo is provided with all of my artwork, but a text link is acceptable if you prefer. Credit pages are not acceptable.

Alterations….

My artwork is not to be altered in any way, shape or form. You may not slice, dice, crop, colorize or change them in any way. They must be used AS IS with the exception of text added to buttons, banners and headers designed for that purpose.

You may not incorporate my artwork into your own to make sig tags, stationery or anything of the kind.

You may not copy my artwork or create derivative works from anything copyrighted to me.

About Signature Tags….

You must give me credit in your e-mail signatures by providing a link back to www.pollyannagraphics.com

You may use your signature tags as avatars in any private, member's only groups or forums that you belong to, only if it has been personalized with your name, and a credit link back to www.pollyannagraphics.com is required.

About Adoptables….

I have a separate terms of use policy for adoptables which can be found on the adoptables page. It is primarily in addition to these terms, but there are adoption specific terms included. Be sure to read it, as you are bound by it whether you have read it or not.

About Printing….

You may print my artwork for personal use, such as for items you are making for family and friends, scrapbook projects, etc.. You may not use them on any item you intend to sell online or off. You are not permitted to profit from my artwork in any way without express, written permission.

Commercial Use & Licensing....

My graphics can be used for commercial purposes as an incidental part of a larger project. You may not compile my graphics into a collection for sale or for free. They can be used for letterhead, stationery, greeting cards hang tags, labels and other business related that they are tangibly affixed to. If you wish to use my graphics for candy or other sorts of wrappers, you must contact me prior to using them.

Commercial Use & Licensing Fees for Web Site Designers….

If you create a single web site, or many web sites for other people, you are considered a web site designer. If you wish to use my graphics to create a web site for a customer, you must purchase a separate $20.00 license for each domain. You may have your customer purchase the artwork themselves, or you can purchase it and bill your customer for it. However, if it is purchased by you, you may not use it on another customer’s web site without purchasing a new license.

UPDATE: 01-30-2007 It has come to my attention that a loophole is being used by some designers where they think that they can buy a set of graphics and use it multiple times IF the websites they do for others are being hosted on their own server. This is strictly prohibited! The graphics MUST be purchased for EACH individual's site, regardless of WHERE or HOW it is being hosted. Also, I forbid any designer to charge someone for the graphics over and above the purchase price that I sell them for. For example, you cannot come and buy a set of graphics from me for $10.00 and then turn around and charge your clients $20.00. That is profiting from my hard work and that is absolutely not allowed.

In rare instances, I have given a discounted rate to site designers who purchase from me on a regular basis and have me listed as a “featured artist” on their site design web site. Featured artist means that my work is shown to all customers who are looking for artwork to decorate their sites, and a link to my site is placed on the designer’s site where I am listed as a featured artist.

The Bottom Line….

If there is anything that you do not understand or anything that I have not made clear, please contact me. Assume nothing. No question is dumb. I would much rather be asked a question you might think is dumb, than for you to decide for yourself that it’s ok to do something with my artwork that you are not authorized to do.

If I find that any of my terms are being violated, I reserve the right to void your license and request that you cease using my artwork now or in the future.

Most of all, have fun and be creative with my artwork. I get the most enjoyment out of seeing how creatively my work is used and displayed by my customers.

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