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Notice: When you download or use files from Ina Spicer, courtingthemuse.com
you are automatically accountable to our Terms of Use,
Service and License Agreements.
If you have questions about these items, please Contact us!
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._._._._._._. FAQs ._._._._._._._.
Use, Service, and License Terms
Terms of Use - Click for TOU on specific item.
Copyright FAQ - Click for Copyright statement.l
Downloadable Products Download Contract (at bottom of page)
___________________________________________
By downloading Ina Spicer graphics and kits, including free samples,
you agree that the graphics and kits, etc are copyrighted by the individual artist
Ina Spicer and licensed to you as a single user.
All Ina Spicer 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 Ina Spicer products.
The bolded information in these will be provided with the actual products that are purchased.
Note: FOR PERSONAL USE ONLY.
* Consumer Use Product Copyright Statement *
These printable(s) or digital file(s) you have received were created by
Ina Spicer. Copyright (2002,2009)
* LICENSE AGREEMENT/USAGE TERMS: *
The graphic files contained in the downloadables are the product of
Ina Spicer and are being distributed by Ina Spicer.
They are protected by United States copyright law.
Purchaser or user may use, copy and modify these files according
to the household consumer license usage terms portion of this agreement
and are not to be used for commercial gain.
These files are licensed to the purchaser's computers 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.
* Household Consumer License Usage Terms: *
Consumer product may be used by individuals living in same household
working on the licensee's desktop or laptop, provided the licensee is
the owner of both computers and provided that the files are not used
on both computers at the same time. Use on computers not owned by the licensee
require a separate purchases.
Examples:
Your daughter is working on your computer. She may use the files.
Your daughter has her own computer and wishes to use the files.
Your daughter needs her own licenses for the use on her computer.
Your friend (who lives in a different household under a different roof)
would like to add Ina Spicer images to her scrapbooking.
Your friend may not use your Ina Spicer files. She must purchase her own licenses.
Licensee hereby acknowledges that Licensee is licensing the materials contained in the download
for non-commercial, personal use.
Licensee hereby agrees to pay liquidated damages to Licensor in the amount of $10,000.00
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
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:
Ina Spicer
P.O.Box 251
Newmanstown, PA
17073
info@courtingthemuse.com
* Examples of Proper Consumer Product Use: *
-Creating your own scrapbooking or craft projects.
-Creating a handmade item that uses/features Ina Spicer artwork,
to give as a GIFT to your family or friends for holidays/special occasion.
-Using designs which will be used to create a personal/family type website.(MUST BE A NON PROFIT WEBSITE.)
-Creating stationary to be used strictly as personal use.
*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 not in accordance with the
household consumer license usage terms portion of this agreement.
-Posting the original file(s) or your re-rendered version
which uses Ina Spicer images on the Internet for public download.
-Creating designs for the use of any group -
even if it is a non-profit group such as a school, group or internet forum.
(Such as creating a church newsletter or bulletin board, designing a website banner
for a church, creating images for a school yearbook.)
-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 exhaustive lists but are use illustrations of correct/incorrect usage.
* Commerial Use Product Use Copyright Statement *
Contact Us with your request.
We will consider a commercial licensing agreement with your company.
Ina Spicer ulitmately retains the final decision to
grant or deny your request for commercial use license.
Make sure that you read an understand our peronsal use
and commercial license terms if you are purchasing these items
as you will be held accountable to them when you agree to purchase.
* Copyright FAQ *
The designs contained in this website and download packages
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 info@courtingthemuse.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 Ina Spicer images and download kits 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. Ina Spicer images, downloads 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.
-Ina Spicer Trademarks
Ina Spicer, Courting the Muse, Feral Faeries, logo are all property of Ina Spicer.
All other names used herein are trademarks of their respective owners.
*LIMITATION OF LIABILITY*
Under no circumstances shall Ina Spicer 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 Ina Spicer, Courtingthemuse.com.
The information contained on this site is provided "as is" without warranty of any kind.
*Downloadable Products Download Contract*
END USER DOWNLOAD AGREEMENT
This Ina Spicer LLC end user Agreement (the gAgreementh)
becomes a binding contract between you and Ina Spicer when you download a Ina Spicer,
Courtingthemuse.com product.
Ina Spicer 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 Ina Spicer 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 Ina Spicer products are downloadable, they cannot be returned.
However, if you have any problems with our products,
we will happily work with you to resolve any issues .
In fact, I am delighted to help you until you are
completely satisfied that you made a purchase with Courtingthemuse.com!
By purchasing Ina Spicer 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 Ina Spicer products
(not specifically identified as a non-downloadable product)
to accept your delivery through these downloads.
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: DO NOT ask for a refund simply because you failed to read the warnings
that have been posted throughout the Courtingthemuse.com,
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 provide clear TERMS of USE to our consumers.
We have also created a "DOWNLOADS" shopping section which is dramtically different
from the "Main" Courtingthemuse.com website,
We have provided clear product descriptions of a downloaded product,
from the "Fantasy Art" digital downloads section.
We have provided clear product descriptions and physical product photos for the items purchased
through Courtingthemuse.com main gallery website, on which, sells tangible products, shipped in boxes.
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.
Please remember, we welcome you to contact us info@courtingthemuse.com
and hope you are delighted with your purchased from us! |
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