Moonbeam1212's TERMS OF USE (TOU) & LICENSE:-
You must understand and agree to my Terms of Use and license in order to buy my products and use them for personal or commercial use. The terms of use are specified in the Readme.txt document included in the product zipfile. Early products may have an earlier text version, but the essence of the license is the same: the licensee may not resell or redistribute the original files, as is, in any way or in any environment, whether for profit or not-for-profit.
My design resources may not be resold or redistributed, as is, which would put them in direct competition with me, the original author, thereby making it harder for me to make a modest living from my hard work. The images may, however, be incorporated into both personal and commercial derivative designs and these works may be sold or given away as individual products IF the original image is significantly changed and cannot be extracted by simply removing the added-on element.
If the Terms of Use for a specific or new usage which is not foreseen by this license are not spelled out in the readme.txt you can simply email to clarify any confusion and ask for further explanation by writing to me via: [email protected]
1. The licensee is not acquiring the ownership of the original images, but is acquiring the right to use the images under specific circumstances. The copyright (i.e, ownership) is not being transferred to the licensee and Barnali Bagchi aka moonbeam1212 continues to own the graphic images themselves, but through the licensing agreement grants the right to use them in specific circumstances, such that the basic right of the original artist to profit from them is preserved.
2. The license is not transferrable. A customer may not redistribute or share the product files with anyone through filesharing groups and thereby deprive the original owner of the images of the rightful profit of their labor.
3. The use of licensed imagery in both personal and commercial projects is permitted with specific provisos and exclusions. You can use the images in commercial projects such as webdesign, 3d texturing, advertising, illustration, printables projects, candy wrapper businesses, card making, signage, games, and as photographic backgrounds.
4. Barnali Bagchi aka moonbeam1212 is the author and copyright holder of the images in this product package and retains copyright and ownership of the images included in this zipfile, and your license gives you the right to use the images under specific circumstances. You may use the images to create your own derivative projects for personal or commercial sale, with no restrictions other than these:
a) You may not resell the original compositions, elements, files or products, as is, in any venue.
b) You may not redistribute the products in filesharing groups.
c) You may not resave them in another file format and redistribute them, either for sale or for free, in filesharing groups or any other online or offline venue.
d) You may recolor the elements in my products, but you may not resell or give them away as grayscale,or create templates, actions, scripts, layer styles, brushes or other presets from them.
e) This license is non-transferrable. If you have any questions, contact Barnali Bagchi via [email protected]
The key here is in the word "derivative design". You can create derivative designs using my design resources but cannot create another set of products from them which you will then sell as a design resource.
You must DO something with them that makes them into your own unique design. The buyer is not permitted to simply recycle or reshuffle the original work into a new package - such as by only changing its color - and call that their artistic product. Or, individual images may also be used in a one-time basis in commercial projects (such as webdesign or illustration or advertising or signage). But the original "out of the box" images may not simply be re-colored, repurposed or repackaged to be resold as another design resource under a new name.
Limitations: Specific Restrictions for Specific Product Categories
DIGITAL SCRAPBOOKING:-
All my products may be used for personal scrapbooking kits but the elements may not be redistributed or given away in filesharing groups offline or online.
"Personal scrapbooking" is here defined as meaning that the licensee would create their own digital or print scrapbook for their own family or friends and may give away that design effort within their circle of family or friends but may not give or sell it online to the public or in filesharing groups.
"Commercial Use" scrapbooking license requires my pre-approval and is granted on a per product basis. These are the terms required of any commercial use of my products in a scrapbooking kit offered for sale:
I permit derivative designs for scrapbooking products/kits in the form of frames, cluster frames, vignettes, border art, decorative embellishments, quickpages, background papers & collages, journaling tags, banners, album covers, entire albums, and other functional scrapbooking design elements, to sell to a third party for PERSONAL USE, provided that your product is in a merged, flattened condition and not sold as a Commercial Use design resource itself in direct competition with the original product resources licensed from me. PLEASE NOTE THAT THIS LICENSE IS GRANTED ON A PER-PRODUCT BASIS AND NOT ALL PRODUCTS ARE ELIGIBLE FOR THIS USAGE.
My existing scrapbooking kits may not be cannibalized to create another scrapbooking kit AND my original design resources may not be used to create another merchant design resource.
It is a copyright violation to simply repackage my design elements for resale or redistribution as is, or even with very small changes, even as a "freebie" or within a filesharing group, as a scrapbooking "kit".
CAFEPRESS, IMAGEKIND, ZAZZLE AND SIMILAR ONLINE MASS-MARKET, IMAGE-BASED STORES:-
Buyers are not permitted to upload my compositions, files or products, as is, to create products on a mass market basis online in their own stores. That is akin to providing my original work in its original form to a mass market under your own name. You may not upload my images, as is, to store on Zazzle servers or in order to do graphic design from within Zazzle. You may, however, create a unique design of your own OFFLINE using my products (like a collage background with figures or various design elements on it) and upload that as your own product. This leaves plenty of room for the use of the design resources for these venues. But you cannot simply upload my images, in their original form, as the basis of a mass market product. The key here is to create a "Derivative Product" using my product/s which you may call your own and upload it to your Zazzle store.
("Derivative Design" implies a significant change in the design, which makes it different from the original. You are "deriving" a new, secondary design by transforming or changing someone else's original designs, but stamping it with your own creative input. This is legally and ethically done by artists and designers all the time IF the original artist permits their work to be used in this way. In terms of fair and legal market practice, you pay the licensing fee or royalty for the design resource and honor the Terms of Use attached to the design resources you use in your work.)
PRINTWORK FOR MASS PRODUCTION:-
*** Note that an extended license for printers is available on demand ***
You may not use my products to mass produce any product for sale as a print product (as in stamped or printed graphics for publication) beyond a certain number of impressions without an extended license. The sale of any digital product created as a derivative of any or all images in this archive is limited to 100 copies, unless prior permission is granted via extended license.
DECOUPAGE COMPANIES, DIGITAL EMBROIDERY COMPANIES, etc.:-
You may use my products to create derivative designs in digitally downloadable cardmaking templates, backgrounds, vellums, toppers, pyramage, and decoupage, including placing the original image which has been used in your derivative craft sheet as a discrete, separate element on the craftsheet IF everything is merged into jpg craftsheet of no more than 150 dpi. Credit is required for this usage of my products but there is no extended license required. Credit, including my store url, is required for any image that is included on a craftsheet. Use the below url: https://www.facebook.com/barnalibagchicreations
REGARDING NEW USAGES WHICH MAY ARISE IN THE FUTURE OR USAGE I MAY HAVE OVERLOOKED...
I reserve the right to interpret the basic license in the future in a way that protects my copyright and position as the author of my own work appropriately, so that customers may use products for derivative design but not resell the products in a way that damages my position as the originator of the original works.
DUPLICATE PURCHASES:-
It is the customer's responsibility to ensure that the products they plan to buy have not been already bought because no exchange will be given. We recommend that you keep a track of your purchases, or, check into your history, if you have any doubt about a product, before purchasing it again.
For any further query please contact me via: [email protected]
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THANKS FOR YOUR PURCHASE!!
