Monday, November 1, 2010

Jeanine DeOre's Personal / S4H / S4O Terms of Use

Thanks so much for purchasing Jeanine DeOre's (TM) products! Now for the legal stuff...

EFFECTIVE 11/01/2010
These are the current PERSONAL USE terms of JEANINE DeORE / JEANINE BAECHTOLD and are subject to change at any time without notice.

Jeanine DeOre (TM) Product - Personal Use License
© 2010 Jeanine DeOre (TM)
info@jeaninedeore.com
All rights reserved.

You can find Jeanine DeOre (TM) designs at the following sites:
http://www.jeaninedeore.com
http://www.scrapblog.com
http://www.scrapmatters.com


All included images and sample images in this content set are created and © 2010 Jeanine DeOre (TM)

Purchasing these downloadable graphics, downloading samples, and/or opening the CD indicates your acceptance to abide by the terms of this agreement.

Please **always** give proper credit to Jeanine DeOre (TM) at http://www.jeaninedeore.com. If interested in licensing, please contact info@jeaninedeore.com or my licensing agent at julie@jewelbranding.com.


PERMITTED USES:

1. You may:

(a) use and incorporate the content in your own PERSONAL scrapbooking layouts, PERSONAL projects, and/or PERSONAL cards;

(b) use and incorporate the content in your own PERSONAL blog, or your own PERSONAL website provided that credit is given to Jeanine DeOre (TM) at www.jeaninedeore.com;

(c) alter content by changing the size, color, adding to or deleting from said Content for PERSONAL use;

(d) use portions of this content in your PERSONAL scrapbooking layouts, PERSONAL projects, and/or PERSONAL cards that are submitted to scrapbooking, craft and/or related magazines and web sites for publication and/or posted in online galleries as long as proper credit is given to Jeanine DeOre (TM) and a link is provided to www.jeaninedeore.com;

(e) print a hardcopy of content to be used in your PERSONAL projects;

(f) make one (1) copy of the content solely for PERSONAL back-up purposes; you must reproduce all proprietary notices on this single back-up copy;

(g) use the content for "Scrap for Others" (S4O) and/or "Scrap for Hire" (S4H) small home-based businesses (a business based in the home where scrapbook layouts and/or cards are created under contract for profit) a MAXIMUM OF FIVE TIMES (FIVE different personalized printed and/or flattened digital projects) without an extra fee provided that:


1. You are selling a finished product **complete with photos and/or personalization** to the end customer. Under no circumstances are any original kit pieces, PNGs or layered PSD, TIFF, or other file types to be redistributed – including, but not limited to, quick pages, brag books, or blogwear;


2. You make a unique page/card/project FOR EACH CLIENT;


3. My original content/files are not redistributed in any way;


4. The finished product is a FLATTENED (not layered) file or in PRINTED form;


5. You do not use my premade items such as quick pages, cards, brag books or blogwear for your S4O/S4H business;


6. You do not use the content to create templated (with no photos) quick pages, cards, brag books, or blogwearfor you S4O/S4H business;


7. You give credit to Jeanine DeOre (TM) at www.jeaninedeore.com to those clients whether it be on your website, in promotional materials, or verbally;


8. You do not use this content for more than FIVE different personalized printed and/or flattened digital projects. Note again that you must create a different page/card/project for each client. Selling projects at craft fairs, etsy, ebay, etc is not permitted under these terms and will require an additional licensing arrangement. Creating and selling more than FIVE projects is not permitted under these terms and will require an additional licensing arrangement. I am VERY flexible on these arrangements but require that you contact me so we can discuss.


*Email me at info@jeaninedeore.com with any further questions.*



PROHIBITED USES:

2. You may not do anything with the content that is not expressly permitted above. You may not provide a copy of the content, or any portions thereof, to anyone or allow anyone to gain access to the content, or any portion thereof. For greater certainty, you may not:

(a) use the content in any graphic design business;

(b) use the content to design template applications for resale, including, without limitation, website templates, flash templates, blog templates,and brochure design templates;

(c) display the content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com));

(d) claim content or altered Content as your own. You may not alter these graphics and call them your own. You may not take any part of these graphics and add it to your graphic and claim the resulting graphic as your own;

(e) use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

(f) incorporate the content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);

(g) use the content in a fashion that is considered by Jeanine DeOre as pornographic,obscene, defamatory or libelous in nature;

(h) use any image in the Content that depicts a person to endorse a business, product or service;

(i) use content to create obscene, defamatory, or immoral works;

(j) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the content or its accompanying materials;

(k) distribute, redistribute, repackage, sub-license, re-sell, rent, lend, or otherwise distribute the content or its parts;

(l) post a copy of the content or its parts on a network server, web server or file sharing site for use by other users;

(m) transfer the rights to the content or accompanying materials (if applicable);

(n) make any content into tubes, brushes, quickpages, templates, brag books, blogwear, website templates, etc except as specifically provided for elsewhere in this agreement;

(o) offer content or its parts on any webpage for download, send them through a list such as a news or Yahoo group or include them in any graphics collection either on the internet or otherwise.

****IMPORTANT****
These creations are for **personal use only** and are NOT to be re-distributed in any way (for example, you CANNOT email these files to family / friends, share on websites or groups, etc. unless rasterized as part of your own personal layout, personal card or personal project or for no more than FIVE S4O/S4H projects), for commercial purposes (i.e., cannot be used for any activity that generates money except layout publications or as specified in 1g above), and can NOT be claimed as your own.

IF A LAYOUT USING A JEANINE DeORE DESIGN IS SUBMITTED FOR PUBLICATION:

You agree to give proper credit to the copyright holder, Jeanine DeOre (TM), in the publication. Follow this example: "Patterned background papers by Jeanine DeOre (TM) available at www.JeanineDeOre.com." If your project gets published or featured, please email me for a free gift at info@jeaninedeore.com.

By purchasing these graphics or obtaining any free downloadable graphics by Jeanine DeOre (TM) from www.jeaninedeore.com, www.scrapblog.com, or www.scrapmatters.com, you are agreeing to the terms of this user license.

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Your purchase includes a limited use license for one (1) person, which gives you legal permission to use copyrighted intellectual property (Digital Graphics) within the stated parameters of this agreement. Any other use is a violation of federal copyright laws. You do not own the individual graphics, but have purchased the rights to use them as outlined in this agreement. The creator retains all other rights.

A separate legal license for each set of graphics must be obtained as a download or on CD. This can be done by purchasing a legal download of graphics from www.jeaninedeore.com, www.scrapblog.com, www.scrapmatters.com. The only places you can purchase a legal license for downloaded graphics is through www.jeaninedeore.com or www.scrapmatters.com. You may also obtain a license through the purchase of an unopened legal CD from www.jeaninedeore.com, or a reputable retailer. You cannot obtain a legal license any other way. NOTE: I keep a record of all purchases in order to track copyright violations.

These graphics, whether free or not, are protected by international copyright law.

http://www.fbi.gov/ipr/

Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000."
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The content is granted to you "AS IS" with no guarantees.

I appreciate your business. You can contact me anytime at info@jeaninedeore.com.
Thanks so much and have fun using my products!
:)

Jeanine DeOre
Jeanine DeOre Design Studio (TM)
www.jeaninedeore.com
www.jeanine.typepad.com
info@jeaninedeore.com

Any fonts, clipart and/or actions are used with permission.