Terms of Use and License Agreements

Use, Service, and License Terms

By downloading Scrap Girls, 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 Scrap Girls, 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 terms 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 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 requires a separate purchase.

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 using the products on her computer.
Your sister (who lives in a different household) wishes to scrapbook. Your sister may not use your files. She must purchase her own licenses.

Licensee hereby acknowledges that Licensee (the customer) 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 attorneys’ costs and fees as described above.

If you have any questions about this copyright statement or wish to personally contact the copyright holder, you may contact:

Scrap Girls, LLC
4110 SE Hawthorne #753
Portland, OR 97214
Toll-free Tel: (866) 598-3444
[email protected]

Examples of Proper Consumer Product Use:

Creating your own scrapbooking layouts or craft projects.
Posting layouts on the Internet. (Please list 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.
Creating handouts for a church lesson that you are teaching yourself.

Examples of Incorrect Consumer Product Use: (Many of these situations require the purchase of Commercial 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 supplies or file on the Internet.
Creating designs for the use of any group - even if it is a nonprofit group such as a school or church. (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 giveaways occur.

These examples are not to be considered exhaustive lists, but are merely illustrations of correct/incorrect usage.

Commercial Use Product Copyright Statement

See commercial terms here. Make sure that you read and 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 [email protected].
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 Scrap Girls 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. Scrap Girls, 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 use 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.

Scrap Girls, LLC Trademarks

Scrap Girls, ScrapSimple, Layer Your Own, ScrapSimple Tools, and the Scrap Girls logo are all property of Scrap Girls, LLC All other names used herein are trademarks of their respective owners.

LIMITATION OF LIABILITY

Under no circumstances shall Scrap Girls, 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 Scrap Girls, 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 Scrap Girls, LLC end user Agreement (the “Agreement”) becomes a binding contract between you and Scrap Girls, LLC when you download a Scrap Girls, LLC product.

Scrap Girls, 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 Scrap Girls, 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 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, plus 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.

ABOUT REPLACING FILES LOST AS A RESULT OF COMPUTER OR HARD DRIVE FAILURE

Occasionally, customers lose the digital scrapbooking supplies they have purchased from Scrap Girls because of computer/hard drive failure. (Note: Computers fail fairly regularly. We highly recommend that you back-up your files so you won’t have to worry about getting replacements!)

We want to help you get your supplies back so you can continue digital scrapbooking. If you have lost your Scrap Girls purchases due to hard drive failure, contact us at [email protected] and we will send you the replacement files in the following manner:

If the files are still housed on our servers, you will receive a passcode that will allow you to re-download the files. There is no charge for this service.
If the files have been removed from our servers, you will receive the replacement files on CDs. You will be required to purchase enough CD burn items to hold the product files. You will only be required to pay one shipping charge, regardless of the number of CDs it takes.