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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 Fees....
My graphics can be used on commercial websites without any extra fees,
however if you intend to use my artwork, to make labels, hang tags,
business cards, letterhead, candy wrappers, soap wrappers or any type of
packaging or business supplies, there is a $20.00 one time commercial use
fee.
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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