Terms of Use for Scrap Girls' Commercial Licenses

These are the licensing terms for Scrap Girls commercial products. When customers purchase any commercially-licensed product, they agree during the check-out process and again, via the download process, that they understand and will follow the terms of the license.

These printable(s) or digital file(s) you have received were created by (name of designer goes here). Copyright (date here).

COMMERCIAL LICENSE AGREEMENT/USAGE TERMS:

Licensee hereby acknowledges that Licensee (commercial customer) is licensing the Software for commercial use as described. Licensee hereby agrees to pay liquidated damages to Licensor (copyright holder) in the amount of $5,000.00 for any non-allowed 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.

TERMS FOR SCRAPSIMPLE TEMPLATES AND TOOLS, BRUSHES, FONTS, AND EDUCATIONAL MATERIALS

The graphic files contained in this e-file are the product of and the copyright is held by (name of designer goes here) and are being distributed by Scrap Girls, LLC. The single individual Purchaser (meaning, the individual who actually bought the product) may use, copy and modify these files for their own small business use according to these terms: They may design *derivative work that they will personally sell or profit via sales to individuals as a result of their design work using the licensed materials.
They may design for outside companies (partnerships, LLCs, corporations) which they are not permanently employed by. This outside company may not, in turn, make profit or redistribute the design work.
They may not turn the derivative designs over to any company permanently for any reason.
They may not use the files for design work that will be turned over to another company or individual with the intention that the other company or individual will resell or license the derivative work.
They may not sell, loan, rent, or distribute the designs via any method to any individual or company in their original state.

EXAMPLES OF CORRECT AND INCORRECT USE
(Note: This list is not to be considered an exhaustive list of possible correct and incorrect use.)

CORRECT USE:: Our commercial customer creates derivative backgrounds that are sold to individual photographers to use as backgrounds for photo cards that include photos they have taken of their clients.
INCORRECT USE:: Our commercial customer creates derivative backgrounds which are sold to photographers, who then resell the backgrounds (“as is,” minus their photographs) to their customers.

CORRECT USE:: Our commercial customer creates Easy Pages which are sold to individual Scrap 4 Hire designers for use in scrapbook layouts that include their client's photographs.
INCORRECT USE:: Our commercial customer creates Easy Pages which are sold to Scrap 4 Hire designers who redistributes the Easy Pages in an “as is” condition (either printed or electronically).

CORRECT USE:: Our commercial customer creates a logo or web design for a company (sole proprietorship partnership, LLC, or corporation) that they are not employed by (they are an independent contractor for the company) if the logo will not be redistributed to outside concerns by the company. Our commercial customer maintains copyright ownership of the design.
INCORRECT USE:: Our commercial customer creates a logo for a company (sole proprietorship, partnership, LLC, or corporation) that they are employed by.

Our commercial customer creates a logo for a company (sole proprietorship, partnership, LLC, or corporation) they are employed by and gives copyright ownership to the company.

Our commercial customer creates a logo or web design for a company (sole proprietorship, partnership, LLC, or corporation) that they are employed by and the company redistributes the logo or uses it in work for their customers.

CORRECT USE:: Our commercial customer creates derivative backgrounds, embellishments, or other designs and sells them to their retail customers.
INCORRECT USE:: Our commercial customer creates derivative backgrounds and the designs are sold or licensed to a paper scrapbooking company (partnership, LLC, or corporation) who then creates new derivative papers which are redistributed to retailers or directly to consumers.

Our commercial customer creates derivative backgrounds and sells them to companies for inclusion in digital scrapbooking software of any kind.

CORRECT USE:: Our commercial customer creates derivate designs and distributes them to their customers.
INCORRECT USE:: Our commercial customer distributes original designs (not derivatives) to their customers. This includes free distribution, distribution for profit, non-profits, or using the files in educational materials and/or tutorials (text or video) without prior authorization from Scrap Girls.

IMPORTANT TO NOTE:

These files, which are to be considered a design tool rather than a final design product, 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.
The commercial use customers receive a license to create derivative designs using these files, but are not licensed to redistribute them in their original format.
Businesses that are not able to purchase a commercial license item for use in which they will profit through design redistribution are automatically excluded as clients of our commercial-use customers. These companies should negotiate directly with Scrap Girls for licenses.

TERMS FOR PRE-FINISHED DESIGNS (COLLECTIONS, PAPERS, EMBELLISHMENTS, ASSEMBLE YOUR OWN PRODUCTS, EASY PAGES, CRAFTS, CARDS, WORD ART, ZOOM KITS AND ALBUMS, WALPAPERS, CRAFTS, ETC.

The products that are considered “pre-finished” are those that take no additional design work or alteration to use. They do not have to be colored, altered, or combined, but can be used “as-is” to create scrapbooking pages, cards, photo cards, and crafts. It is important to note that the Terms of Use for using pre-finished commercially licensed products are narrower than those of the unfinished design products.

The graphic files contained in this e-file are the product of and the copyright is held by (name of designer goes here) and are being distributed by Scrap Girls, LLC. The single individual Purchaser (meaning, the individual who actually bought the product) may use, copy, and modify these files for their own small business use according to these terms:
They may design *completely finished, flattened items that they will personally sell or profit via sales to individuals as a result of their design work using the licensed materials.
They may design for outside companies (partnerships, LLCs, corporations, non-profits) which they are not permanently employed by. This outside company may not, in turn, make profit from or redistribute the design work.
They may not turn the finished flattened file over to any company permanently for any reason.
They may not use the files for design work that will be turned over to another company or individual with the intention that the other company or individual will resell or license the derivative work.
They may not sell, loan, rent, or distribute the designs via any method to any individual or company in their original state.
They may not resell or redistribute the files in their original state. They may not combine or use the files in a state that will allow redistribution as digital kits, Easy Pages, Ploppers, digital cards, or the like.
They may use the files to create finished products for their clients. These finished projects must be flattened when delivered to their clients so that the clients cannot access any of the files individually.

CORRECT USE:
Our commercial Scrap4Hire customer creates a layout for their client. The Scrap4Hire flattens all of the supplies and photos together and delivers to the client a JPG file or a hard-copy print.
INCORRECT USE:
Our commercial customer creates a layout for their client. They deliver a layered PSD file to the client, which allows the client to move the files around or use them on other layouts.

CORRECT USE:
Our commercial customer creates finished paper cards which are sold to consumers via craft malls.
INCORRECT USE:
Our commercial customer creates cards and distributes the cards via downloads in a format that allows their customer to use them as if they were layouts or Easy Pages.

OTHER EXAMPLES OF INCORRECT USE:

Our commercial customer prints out the pre-finished individual supplies (backgrounds, embellishments, alphabets, etc.) they have purchased from Scrap Girls. They take the prints to a card-making class, allowing the students to create cards using the printed supplies.
Our commercial customer prints out the pre-finished individual supplies (backgrounds, embellishments, alphabets, etc.) and sells them.
Our commercial customer burns the pre-finished supplies on CDs and sells them or gives them away.
Our commercial customer combines the pre-finished supplies in any way and redistributes or sells them as digital scrapbooking or scrapbooking kits, collections, sets, ploppers, or Easy Pages, etc.
Our commercial customer prints the pre-finished supplies and takes them to a church or educational crafting class to distribute and/or gives them to friends and family.
Our commercial customer burns the pre-finished supplies on CD and takes them to a church or educational class to distribute and/or gives them to friends and family.

CORRECT USE:
Our commercial customer creates an Easy Page or Plopper to use in their own Scrap4Hire business. They finish the Easy Page by adding the client’s photos and journaling entry and then deliver a finished, flattened JPG or paper print to their client.
INCORRECT USE:
Our commercial customer creates an Easy Page or Plopper layout. They sell the Easy Pages to digital scrapbooking customers with the intent that their customer will add the photos and finish them.

CORRECT USE:
Our commercial customer – a photographer – creates a photo page template. They add their client’s photos to the template and then deliver a finished, flattened JPG or paper print to their client.
INCORRECT USE:
Our commercial customer – a photographer – creates a photo page template. They sell the photo page template to clients or other photographers so that they can add photos and journaling to it later.

CORRECT USE:
Our commercial customer – a blog designer – creates a blog header for a specific client. They use the blog header as they develop their client’s blog package.
INCORRECT USE:
Our commercial customer – a blog designer – creates a blog header. They redistribute the blog header to general customers via a shopping cart.

Our commercial customer – a blog designer – creates blog templates with designs received from Scrap Girls (including headers, backgrounds, and side graphics) which they redistribute to general customers via a shopping cart.

Our commercial customer – a blog designer – repackages the designs they received from Scrap Girls in kits which may be used by the general customer to create their own blog set.

CORRECT USE:
Our commercial customer creates baby books for her neighbors. The neighbors pay her for her time. She delivers the flattened, finished baby books to her neighbors.
INCORRECT USE:
Our commercial-use customer creates baby book sets using Scrap Girls pre-finished designs and gives them to her neighbors so that they can create their own layouts. (Reminder: Any layouts that are distributed must be finished, flattened JPGs or printed-out images.)

The key questions about the terms of this license agreement include:

Who will be profiting from the design work?
Who will ultimately distribute the derivative designs to the end-user?
Who will retain the rights to the resulting design work?
Is the individual obtaining the product a single designer working for herself/himself (sole proprietorship)?

If the answers lead back to the purchaser being a single designer who is profiting directly and is retaining all of the rights to the resulting designs, then the licenses are being used correctly. If the designer has a business, it should be a Sole Proprietorship or a LLC with a single member (the designer). No multiple owner company types are allowed (partnerships, LLCs with multiple members, corporations), unless it is a husband/wife company in which one individual designs all of the products and the other individual manages the books/business concerns.

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. Do not share these products with anyone. Do not purchase these products as gifts for anyone. Licenses must be purchased by the individual designer who will use them as design tools or it will be considered that the individual using the designs has broken the terms of the license.

If a company, partnership, LLC, or corporation is interested in obtaining commercial licensing for this product, please contact Rozanne Paxman and appropriate terms will be negotiated.

If you have any questions about this copyright statement or wish to 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]

*Fonts may be digitized for use in a computer-driven sewing machine as long as the font creator (such as Lettering Delights or Amanda McGee at ScrapGirls.com) is credited on both the sales webpage and in the Terms of Use for the digitized font/alpha.

Other products do not need crediting, unless you wish to do so. Your design secrets can remain your design secrets.

If you have questions about what is or is not a derivative work, please email [email protected].