Terms of Use

Terms of Use: Personal Use Licensing

Last Updated: 16 June 2020

 

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Acknowledgement of Support

Supported by New Business Assistance with NEIS, an Australian Government initiative.

Preamble: Copyright Law

The applicable governing law for the purposes of the Designer’s Copyright is the Commonwealth of Australia, in the jurisdiction of the Australian Federal Court.

Copyright law creates incentives for people to invest their time, talent and other resources in creating new material – particularly cultural and educational material, which benefits society.

In Australia, copyright law is set out in the Copyright Act 1968 (Commonwealth, Australia). This is federal legislation, and applies throughout Australia as well as internationally via international conventions, treaties and human rights principles. The Commonwealth Attorney-General administers Australian copyright law.

Although the Copyright Act dates from 1968, it sets out how copyright applies for material created both before and after that date. The Copyright Act has been regularly amended since 1968, to bring it up to date with evolving technologies and concerns. In addition to dealing with copyright rights, the Copyright Act also deals with the “moral rights” of individual creators.

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 legal fees and statutory damages.

More information about Australian Copyright Law may be found here: An Introduction to Copyright in Australia.

Each product download .zip file contains a full copy of the following Terms and Conditions of Use specific to that product as follows:

 

Terms and Conditions of Use

Created by Anita Marian Richards (Anita Richards Designs). These images are copyright property.
© Copyright 2005-2020 Anita M. Richards, Anita M. Stergiou, Australia. All Rights Reserved.

 

Copyright and Trademark Legal Notice

Each product contains a file with the specific Copyright and Trademark Legal Notices for that product.

 

End User License Agreement: Personal Use Only

These images are the copyright property of Anita M. Richards (the Designer), distributed directly by the Designer, and are for personal use only unless permission from the Designer is granted. All rights are strictly retained and reserved unless otherwise stated in the EULA Terms. It is illegal to reproduce or distribute copyright material without the express permission of the copyright owner. More information about Australian copyright law is provided below.

By downloading this product you have agreed to the terms of this End User License Agreement (EULA) as part of the download release process regardless of whether or not you have read the Terms contained herein.

No commercial or professional use is permitted without permission and license from the designer.

These files are licensed to the customer’s personal computer or electronic device only.

These files are not to be shared, loaned, rented, sold/resold, distributed/transferred to other/s or publicly posted on the Internet. You may not make copies of these files in any electronic or physical medium for any reason other than back-up purposes or to transfer files between electronic devices owned by you; this does not include computers that are used by other digital scrappers, designers or people who would use the designs other than your immediate family (spouse, children, other family members) living and usually residing within the same household.

 

Prevailing Law: Copyright

The applicable governing law for the purposes of the Designer’s Copyright is set out in the Copyright Act 1968 (Commonwealth, Australia), administered by the Commonwealth Attorney-General in the jurisdiction of the Federal Court of Australia.

Specifically Australian Copyright law provides for fair dealing and does NOT have a general “fair use” defence.

 

Terms of Use

These Terms of Use apply to this collection and to all digital designs and products from Anita M. Richards, previously known as Anita M. Stergiou, (“Anita Marian Richards”,“Anita Richards Designs”, “AnitaRichards.com.au”, “Anita Marian Stergiou”, “Anita Stergiou Designs”, “Design by Anita”, “the Designer” and/or terms of similar meaning), whether purchased or obtained for free.

1. The Designer retains and reserves the right to modify, update and change these Terms & Conditions of Use for all digital designs and images at anytime with or without notice. It is your responsibility to check for updates and changes to this Terms & Conditions of Use document.

2. Copyright to graphics within this collection are retained by the original creator of the collection, Anita M. Richards, all rights reserved.

3. All graphic images are copyright Anita Richards and AnitaRichards.com.au, all rights reserved.

4. All graphic images contained herein this set are for PERSONAL USE ONLY.

5. The items are designed for your personal use and may not be used in any commercial or professional way. Please feel free to contact the Designer at (Contact) for distribution or commercial use or professional use information.

 

Permitted Uses

6 . YOU MAY use these designs:

6.1 You may use these images to create your own scrapbooking layouts or craft projects, including digital projects, hybrid works or paper scrapping.

6.2 You may use these images to create gifts for family or friends. Any digital files given as a gift must be a flattened (not in any file format which includes individual layers like a .PSD or .TIF file) and saved as flattened file type like a .JPG, .PNG or .GIF.

6.3 You may make backups of the files to store solely for your own personal use. These backups may not be shared with any other person.

If you post scrapbook pages or other projects online or submit them to magazines or books for publication using any of these images, YOU MUST credit the Designer. This includes any graphics that you have altered, detailing the changes made.

6.2 You may lightly alter any graphics to fit your scrapbooking needs including resizing, recolouring and cropping provided credit is given to the Designer with details of the alteration.

6.3 You may use portions of any graphics from this collection for a personal website (ie without commercial gain) provided that the graphics are saved for viewing on the web at an appropriate web resolution, rescaled to 72ppi and that easily found credit to the Designer and a link to the Designer’s website, AnitaRichards.com.au are located on the homepage and any subsequent pages where the Designer’s work is used.

This provision does not include not-for-profit websites or messaging groups, including but not limited to for example Yahoo or Google Groups, social-media profile, church or other religious website, non-government organisations and community groups or other community, blog or other without prior consent.

Messages to me letting me know how and where the kit was used are always welcomed and greatly appreciated.

 

Prohibited Uses

7. YOU MAY NOT use these designs in any of the following ways:

7.1 You may NOT make products for sale or free or claim these images as your own (altered or unaltered). You may NOT claim these graphics as your own nor add to or distort, alter or re-colour any graphic and then claim them as your own.

7.2 You may NOT submit individual graphic, elements or this entire kit as your own design to magazines – online or print editions. Portions of this kit may be incorporated into a layout of your creation provided that attribution is given to the original copyright holder, Anita Richards. If you are unsure – please contact the Designer as the original copyright creator by (Contact).

7.3 You may NOT make alteration to graphics in any way that will take away the artistic integrity of the original creation.

7.4 You may NOT incorporate these graphics into any commercial or professional projects, including but not limited to web design/sites, templates, or any projects which will produce income or promote a business unless you purchase a Commercial Use License or a Professional Use License from Anita M. Richards.

7.5 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 these designs to create digital scrapbooking quick-pages for distribution to others, for sale or for free. These graphics are not for redistribution in any way (selling, sharing, loaning or pirating).

7.6 You may NOT use any graphic/s from this kit to create obscene, pornographic, defamatory, harmful, racial or immoral works or material or images that portray child abuse or animal abuse or works that may be deemed harmful to another person. Nor is it permitted to use content from this kit for any other purpose which is prohibited by law.

7.7 You may NOT use these graphics in any other graphics collection/s, on a website, on CD’s, DVD’s or individually either for sale or free, create a competing product from them to sell or redistribute, and are not allowed to trade or share this kit under any circumstances.

7.8 You may NOT make any graphics into tubes or brushes and redistribute them in any way.

7.9 You may NOT use any brushes included in this kit for commercial use or professional use without license.

7.10 You may NOT use these images on any webpage for download, send them through any “list” groups (eg Google, Yahoo or any other), share them through any peer-to-peer file sharing system, or store them in the dark web.

7.11 You may NOT use these designs to create on demand products through outlets like CafePress.com, Casetify.com, Etsy.com, Zazzle.com, etc or any other similar business or distribution outlet.

 

Limitation of Liability

8.1 Under no circumstances, including negligence, shall Anita Richards or AnitaRichards.com.au be held responsible for any damages or losses that result from the use of, or inability to use any of the products sold or distributed by Anita Richards or AnitaRichards.com.au.

8.2 If any legal action arises out of copyright infringement, Anita Richards or AnitaRichards.com.au shall be indemnified and held harmless of any and all costs or damages that you incur.

8.3 The Designer’s 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 (if any price specifically eg zero for free downloads) under these terms with respect to which losses or damages are claimed. Under no circumstances shall Anita Richards 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. 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.

 

Not for Professional Use or Commercial Use

9.1 No. But please contact the Designer via email if the use is truly compelling and financially compelling enough to justify entering into negotiations for additional licensing. If so, please include details of which collection or set you are interested in using in the email subject heading and how the graphics are intended to be used. The more information provided the sooner an agreement may be reached.

9.2 No. The Designer’s images, digital designs and products are NOT Scrap for Hire / Scrap for Others (S4H/S4O) NOR Commercial Use/Commercial Use for Commercial Use (CU/CU4CU) friendly and permission must be obtained for ANY commercial use project or enterprise BEFORE using these products in any way.

 

Return Policy

10.1 Because the Designer’s digital products are downloadable, they cannot be returned. However, if you have any problems, the Designer will happily work with you to satisfactorily resolve issues.

10.2 Occasionally, patrons may lose their digital scrapbooking supplies due to unforeseen computer/hard drive and/or external hard drive failure. If this should befall you, Anita Richards Designs will assist you, as far as practicable, to re-download supplies obtained from the Designer.

 

Contact Me

If you have any questions about these Terms or wish to contact me, the copyright holder, directly, please submit a Contact form.

 

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