|
Use, Service, and License Terms
Terms of Use
Copyright FAQ
Downloadable Products Download Contract
By downloading ScrapGirls, LLC graphic e-books, images and fonts, including free samples, you agree that the e-books, graphics and fonts are copyrighted by the individual artist and licensed to you as a single user. All ScrapGirls, LLC products are copyrighted property and are licensed, not sold to you. They do not become your property.
Terms of Use
These are the copyright terms for Scrap Girls products.
The bolded information in these will be provided with the actual products
that are purchased. Note:
Commercial use products are ONLY those products that are purchased from
within the commercial use sections of the Scrap Girls Boutique.
Consumer Use Product Copyright Statement
These printable(s) or digital file(s) you have received were created
by (name of designer goes here). Copyright (date goes here)
LICENSE AGREEMENT/USAGE TERMS:
The graphic files contained in this e-file are the product of (name of designer goes here) and are being distributed by Scrap Girls, LLC. They are protected by United States copyright law. Purchaser or user may use, copy and modify these files for PERSONAL use only and are not to be used for commercial gain. These files are licensed to the purchaser's computer only and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page. Do not make copies of these files on any electronic or physical medium (including CDs, diskettes, or other storage medium) for reasons other than back-up purposes.
Licensee hereby acknowledges that Licensee is licensing the Software
for non-commercial, personal use. Licensee hereby agrees to pay liquidated
damages to Licensor in the amount of $5,000.00 for any non-personal and/or
commercial use. In addition, should Licensor incur any attorney fees or
other costs in collecting and/or enforcing this liquidated damages provision,
Licensee agrees to reimburse Licensor for all such fees and/or costs.
The parties acknowledge that the liquidated damages set forth above are
reasonable in amount, that actual damages would be extremely difficult
or impractical to determine and that any dispute or potential dispute
over actual damages would be disruptive to the businesses of the parties
so that it is in both parties' best interest to have determined the amount
of such reasonable liquidated damages.
"If you use this product in an unauthorized personal manner (such as unauthorized sharing with individuals or groups) you will be liable for liquidated damages of $1,000 and all attorney's costs and fees as described above."
If you have any questions about this copyright statement or which to personally contact the copyright holder, you may contact:
Scrap Girls, LLC
6888 Harvest Circle
West Jordan, Utah
84084
866-598-3444
rozanne@scrapgirls.com
Examples of Proper Consumer Product Use:
- Creating your own scrapbooking layouts or craft projects
- Posting layouts on the Internet (please share what you used in the layouts in your materials listing)
- Submitting layouts to magazines (please list what you used in the layouts when you submit)
- Creating a GIFT album to give to your mother for Christmas
- Creating designs which will be used to create a personal/family type website
Examples of Incorrect Consumer Product Use: (All of these situations require the purchase of Commerical licenses as they allow a shared use or profit-oriented/environment use)
- Scrapbooking for another person (including relatives)
- Sharing your supplies with anyone else
- Posting the supplies or file on the Internet
- Creating designs for any group - even if it is a non-profit group
- Creating designs which will be used on a commercial website even if the designs themselves will not be sold
- Creating designs which will be used on an eBay template
- Creating designs which will be sold or profited from in any way
- Creating designs which will be used to create a personal/family type website in which commercial activities or freebie give-a-ways occur
These examples are not to be considered complete lists but are use illustrations of correct/incorrect usage.
Commerial Use Product Use Copyright Statement
See commercial terms here. Make sure that you read an understand our commercial license terms if you are purchasing these items as you will be held accountable to them when you agree to our Terms which are part of the checkout process.
Copyright FAQ
The designs and/or fonts contained in this package are licensed and protected by international copyright laws. These designs are copyrighted by the artist.
What Is Copyright?
Copyright gives exclusive legal rights of usage of an "original work of authorship" to the copyright holder. This protection is provided by the United States title 17, U.S. Code and other international laws. Anyone who violates copyright is subject to criminal penalties, fines, and the possible recovery of any loss of income or profit suffered by the copyright holder due to the infringement. An infringer is also potentially liable for attorneys fees and statutory damages.
What should I do if I am not sure how I want to use an image violates copyright?
Contact us at rozanne@scrapgirls.com.
If I manipulate an image using a computer program or other method, can I claim copyright to the changed image?
No. You cannot claim copyright to a copyrighted image even if you have derived or changed from the original material without permission.
How can I use ScrapGirls images and fonts I have purchased?
Only according to the terms of the licensing terms as outlined for consumer use and commercial use products.
Is it okay to copy a digital image and give it to my friend to use?
No. ScrapGirls, LLC images, fonts and e-books are for the purchaser's personal use, unless you specifically purchase a commercial license. Commercial use products may only be used according to the terms outlined in the commercial used license. Sharing your files can be a felony - depending upon how much you are doing it. It is against the law to share copyrighted material.
ScrapGirls, LLC Trademarks
Scrap Girls, ScrapSimple, Layer Your Own, ScrapSimple Tools and the ScrapGirls logo are all property of ScrapGirls, LLC. All other names used herein are trademarks of their respective owners.
LIMITATION OF LIABILITY
Under no circumstances shall ScrapGirls LLC be responsible for any damages or loss that result from the use of, or inability to use any of the products sold or distributed by ScrapGirls, LLC. The information contained on this site is provided "as is" without warranty of any kind.
Downloadable Products Download Contract
END USER DOWNLOAD AGREEMENT
This ScrapGirls LOLC end user Agreement (the “Agreement”) becomes a binding contract between you and ScrapGirls, LLC when you download a ScrapGirls, LLC product.
ScrapGirls, LLC total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular product sold under these terms with respect to which losses or damages are claimed. In no event will ScrapGirls, LLC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Terms more than one year after the accrual of such cause of action. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.
Because Scrap Girls products are downloadable, they cannot be returned. (It is impossible to upload them again!) However, if you have any problems with our products, we will happily work with you to resolve any issues that you are having so that you will get the value you perceived when you placed your order. In fact, we are delighted to help you until you are completely satisfied that you made a purchase with us! There is practically nothing at all that we wouldn't do for our customers. (We love ya!)
By purchasing Scrap Girls products, you agree that you understand that unless a product delivery has been identified as being delivered in a different way, your delivery will be accomplished through downloads. Furthermore, you agree that by purchasing Scrap Girls products (not specifically identified as a non-downloadable product) to accept your delivery through these downloads. Under no circumstances will you be shipped "paper or paper products" in a box as Scrap Girls does not deal with this type of product.
If you wish to receive your downloadable product through different means, you understand that the CD burning service option is available to you at an additional fee + shipping costs.
Note: Please do not ask for a refund simply because you failed to read the warnings that have been posted throughout the Boutique, including in the agreement that you had to accept prior to purchasing our products (which is in red bolded letters), about the fact that our products are downloadable. We have gone to great lengths to try to warn our consumers that we DO NOT sell paper products that are shipped in a box. Our products are downloadable products.
However, if you did make this mistake, we are happy to help you understand how you can use our products as printables in your paper scrapbooking or craft supplies. They are awesome when used this way! Check out our University for loads of ideas. And remember, we are happy to work with you to make you delighted that you purchased with us.
|
