TOU


From here on the term The Studio in this document will refer to The Farmer’s Wife, The Artisan Studio, Radenbrea Studios, and any other name under which these products may be sold on this website.

All copyrights to anything within this file or product is retained by The Studio.
Please credit The Studio when you post layouts
with these elements/papers in an online gallery or to be published.

I would love to see your layouts and comment on them! Send me an email with a link to your layout at brenda@radenbrea.com or visit my site at http://radenbrea.com/artisan-studio/ and request a post of your LO
to be placed on my site.

These elements/papers are for your own **personal use only. Please contact me if you are interested in using these elements for commercial use.

Please do not alter these  elements/papers and call them your own.
You can recolor or resize these elements/papers, but please always remember to give credit where
credit is due.

You may submit your scrapbook layouts using portions of or entire pieces of this zip file to online or print publications so long as credit is given to The Studio. This also includes any graphics that have been altered.

You may alter any graphics with respect to color, size or by adding to or removing from them.

You may not claim graphics or alter graphics as your own.
You may not use any graphics, original or altered, or any portion thereof
in any commercial work without permission by the creator Brenda Spiller of The Studio, who can be reached at brenda@radenbrea.com

You may not incorporate these graphics into any commercial projects i.e.: web design/sites, templates, or any projects which will produce income. You are not allowed to resell, sublicense or otherwise make available the graphic(s) for use or distribution separately or in a format designed or intended for permanent storage or re-use by others.

You may not use any graphic(s) from this zip file to create obscene, defamatory, or immoral works.
Nor is it permitted to use content (graphic(s)) for any other purpose which is prohibited by law.

You may not use The Studio Designs (free or paid) without my permission in any online collections, or distributed in any way including sharing via e-mail, groups, newsgroups, chats, etc.

Our products are digitally downloadable items therefore we do not issue returns. However, if you download a file that is damaged in any way, we will provide you with another copy of that item.

Thank you and please feel free to contact me at brenda@radenbrea.com
Brenda Spiller
The Studio

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COMMERCIAL LICENSE AGREEMENT/USAGE TERMS:
The graphic contained in our files are the designs of Brenda Spiller and are being distributed by The Studio. The single individual Purchaser (meaning, the individual who actually bought the product) may use,
copy and modify these files for profit of their small business.
Our printable(s) or digital file(s) are created by The Studio. Copyright 2011.  Furthermore, our files are considered to be design tools rather than a final design product and 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 in their original form. The purchaser has a license to create derivative designs using these files – but is not licensed to re-distribute them in their original format.
Small business owners may design derivative work that they will personally sell or profit from as a result of their design work using the licensed materials.  The small business owner may design work for outside companies/persons in which they are not permanently employed by. This outside company may not, in turn make profit from this design work.
They may not turn the derivative designer over to any company permanently for any reason. The small business owner may not use the files for design work that will be turned over to another company or individual with the intention of making a profit from the derivative work.

This commercial license is not extended to companies, partnerships, LLC’s or corporations.  If a company, partnership, LLC, or corporation is interested in obtaining commercial licensing for products, please contact Brenda Spiller and appropriate terms will be negotiated.
Examples of correct usage:
Use these products in your photography, scrapbooking and/or design business to the extent listed below:

-***Create custom greeting cards, candy wrappers, layouts, invitations and other printed materials for your
customers provided that they are finished pieces. This means that you may sell items that are printed but
you may not sell a download or cd of any kind.

-You may use products incorporated into your digital designs to create scrapkits but may not be resold as a
stand-alone product. You may not make brushes, rub-ons, tubes, or include in a CU kit for redistribution.

-You may use the graphics in your personal web, blog and mobile phone design projects providing that proper credit is given.  All designs must be in good taste; no indecent designs will be tolerated.  We reserve the right to request a list of website and blogs any time.

– You may alter these elements (recolor, add pattern, etc) but you cannot claim the original form
or the altered form as your own.

– ***You may use them to create pages for paying clients (S4H).

Examples of incorrect usage:
– Making papers that you will turn over to a manufacturer to sell to retailers. – Making a gift certificate
and then turning the design permanently over to another company. – Distributing the products (meaning as they are
received from The Studio and claiming as your own) directly to consumers.

-Making copies of these files on any electronic or physical medium (including CDs, diskettes, or other storage
medium) for reasons other than back-up purposes. Do not share these products with anyone. Files MUST be purchased by the individual designer who will be using them or it will be considered that the individual using the designs has broken the copyright.

If you use this product in an unauthorized commercial manner you will be liable for liquidated damages of $5,000
and all attorney’s costs and fees.

ANGEL POLICY FOR USE
Digital scrappers: digital scrapbooking artists that produce hardcopy scrapbook pages for individual clients.
o You may utilize my products in the preparation of a hardcopy digital scrapbook for your client.
o You must purchase the product for each client for which you wish to utilize it.
o If additional clients want items produced with my products, you must purchase it again for each client.
o You may provide the materials to the client in a digital format for preview purposes as long as it is flattened and complete and  not able to be used by the client as a template.
o You are responsible for the record-keeping of which Products have been purchased and for which clients.

Crafters:  individuals who produce tangible crafts and products that they sell to others.
o You may utilize my Products in the preparation of your crafts.
o You can utilize my Products for both items that are sold in quantity (candy bar wrappers, cards, etc.) and items that are not sold in  quantity (wooden decorative items, mouse pads, T-shirts, mugs, etc).
o Any given product can be used to create 100 items that are not sold in quantity or 500 items that are sold in quantity in a  given year.
o If you desire to produce more than 100 items that are not sold in quantity or 500 items that are sold in quantity in a given   year, you must purchase the Product for every 100/500 that you choose to produce, respectively.

o Items that you produce are to be in a tangible non-digital format. For example, you can produce candy bar wrappers but not digital templates for candy bar wrappers; you can produce greeting cards, but, not digital templates of greeting cards.
o You are responsible for the record-keeping of the Products that have been purchased and the numbers of crafts produced.

Professional Photographers.
o You may utilize my Products for the production of layouts and cards for your clients.
o You must purchase the Product for each client for which you wish to utilize it.
o If additional clients want items produced with my Products, you must purchase it again for each client.
o You may provide the materials to the client in a digital format for preview purposes as long as it is flattened and complete   and not able to be used by the client as a template.
o You are responsible for the record-keeping of which Products have been purchased and for which clients.

Web and Blog Designers
o Please contact me regarding this use. It will be considered on a case-by-case basis.

Hardcover coffee table book producers
o This TOU does not cover the use of my products for such items. Templates are not able to be created and my items are not able   to be used in this manner with the current fee structure. Please contact me regarding this use if you are interested.

Limited use package
Items previously purchased as limited use packages are not covered under this TOU. Nothing in this TOU shall be construed to contradict limited use TOU’s that have been attached to some of my products. For example, if you purchased the limited use version of one of my overlays, you may use it for the purposes outlined in that TOU and without the need to adhere to purchasing per client or restricting numbers as outlined in this TOU.

LIMITED WARRANTY

The Studio warrants that your Product shall be free from defects at the time the Product is sent/downloaded to you. If you detect a problem, please contact me by using the contact us portion of the website.

LIMITATION OF LIABILITY
The Studios sole responsibility to you is to abide by the limited warranty as stated above. Under no circumstances, including negligence, shall The Studio be responsible for any damages or loss that result from the use of or inability to use the Product.

*The Product may be used in your scrapbooking projects that are published in print or digital scrapbooking publications.
Please provide credit back to The Studio (using our full names).
**Personal use includes you, family and friends
***With further cost and permission

For any other uses not covered above, please email me to obtain written permission. If you have questions about the use of these images, please contact me. Thanks and best of luck with your projects!

The Studio
Brenda Spiller

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