Hoffmann Creatians Terms of Use - END USER LICENSE AGREEMENT
This Hoffmann Creatians End User Agreement (Agreement) becomes a binding contract between you and Hoffmann Creatians. If you do not wish to be bound by the Agreement, you cannot access, use, or download any Hoffmann Creatians Products offered for free or for sale. Please read all of the Agreement before you agree to be bound by its terms and conditions.
You hereby agree to the following: 1. You are bound by the Agreement and you acknowledge that all use of Hoffmann Creatians Products supplied to you, are governed by the Agreement.
2. “Hoffmann Creatians” as used herein shall mean collectively Designs created by Tia Hoffmann, its successors and assigns, its affiliated corporations, its authorized distributors, and any third party, which has licensed to Hoffmann Creatians any or all of the components of the Hoffmann Creatians Product supplied to you pursuant to the Agreement.
3. “Hoffmann Creatians Products” as used herein shall mean digital scrapbooking artwork including, but not limited to, Page Kits, Printables, WordArt, Embellishments, Alphabets, and other digital scrapbooking artwork and the individual files within each of those products. It includes all artwork offered for sale or free by Hoffmann Creatians.
4. “Personal Use” shall mean use of Hoffmann Creatians Products for your customary personal purposes and shall not mean any distribution whatsoever of Hoffmann Creatians Products or any component or Derivative Work thereof. “Personal Use” shall not include any use of Hoffmann Creatians Products by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have use of Hoffmann Creatians Products.
5. The Commercial Use of Hoffmann Creatians Products is strictly prohibited without purchase of a Commercial Use License from Hoffmann Creatians. This shall include, but is not limited to, any item or file (for example, CDs, graphics files, scrapbook pages, instruction books, or graphics collections) distributed for a fee, any business form or sign, a ticket for an event, a receipt for the purchase of goods or any use of Hoffmann Creatians Products that would be perceived as for Commercial Use, in any capacity.
6. You are hereby granted a non-exclusive, non-assignable, non-transferable license to access
Hoffmann Creatians Products (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to Hoffmann Creatians Products other than as expressly set forth in the Agreement. You agree that Hoffmann Creatians owns all right, title, and interest in and to Hoffmann Creatians Products, its structure, organization, code, and related files, including all property rights therein such as copyright, design, and trademarks rights. All rights not expressly granted in the Agreement are expressly reserved to Hoffmann Creatians.
7. You may post layouts using Hoffmann Creatians Products and electronically distribute Hoffmann Creatians Products embedded in a “Personal Use” document only when Hoffmann Creatians Products embedded in such document (i) is in a static graphic image (for example, a “jpg”) or an embedded electronic document, and (ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. You may not embed Hoffmann Creatians Products in an electronic document or data file for any reason other than your own Personal Use.
8. You acknowledge that Hoffmann Creatians Products are protected by the copyright and other intellectual property laws of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat Hoffmann Creatians Products as you would any other copyrighted material. You agree to use trademarks associated with Hoffmann Creatians Products according to accepted trademark practice, including identification of the trademark owner’s name. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Hoffmann Creatians. You may not change any trademark or trade name designation for Hoffmann Creatians Products. If you post scrapbook pages or other projects online or submit them to magazines using any of these images, include the CD or product title and Designer's name and/or website in the credits. Please respect the terms of use of any site on which you post layouts.
9. You may not rent, lease, sublicense, give, lend, or further distribute Hoffmann Creatians Products, or any copy thereof.
10. IN NO EVENT WILL Hoffmann Creatians BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Hoffmann Creatians HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF Hoffmann Creatians HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. You have the rights expressly set forth in the Agreement and no other. All rights in and to Hoffmann Creatians Products, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty, or governmental regulation are waiveable, you agree that your
acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Hoffmann Creatians or by an authorized agent acting on behalf of Hoffmann Creatians.
PERSONAL LICENSE USER AGREEMENT
These images belong to Hoffmann Creatians and the Artist who created them. You are purchasing a personal use license for the Digital Downloadable Product. Use of any designs, in any form, on any tangible or electronic form for business promotion or professional use is strictly prohibited and will be prosecuted by law. You may use Hoffmann Creatians Downloadable Products for personal blogs, photography & crafts applications without special permission. You may use Digital Downloadable Products in scrapbooking layouts that you are submitting to Scrapbook or Craft related websites and magazines for publications provided proper credit is given to the artist of the kit. You may resize, recolor or add other graphics to the Digital Downloadable Products for your personal use. License cannot be transferred to another user. Please: DO NOT distribute, reproduce, or manipulate copyrighted Digital Downloadable Products in any way. This means any re-sale or free items on e-Bay, etsy, blog, your own site/store or products for business use is
strictly prohibited. *This includes pre-made pages, cards or ‘scrap for hire’ projects. Photographer, Commercial, and Professional Licenses are available on select products Hoffmann Creatians. For more information, please contact hoffmanncreatians@gmail.com
PHOTOGRAPHER LICENSE USER AGREEMENT
These images belong to Hoffmann Creatians and the Artist who created them. You are purchasing a photographer use license for the Digital Downloadable Product. By purchasing the Photographer’s License:
You may use Hoffmann Creatians Downloadable Products in your photography business marketing, client custom photo cards, or photo albums for resale to your clients in completed format. You may resize, recolor or add other graphics to the Hoffmann Creatians Downloadable Products for your photography use. You may use Hoffmann Creatians Downloadable Products for ‘scrap for hire’ projects. Images must be flattened before providing digital copies for reproduction.
YOU MAY NOT:
Resell, redistribute or manipulate any copyrighted Hoffmann Creatians Downloadable Products in any way. This means any re-sale layered files, PNG files, ABR files. Resell any part of the copyrighted Hoffmann Creatians Downloadable Products to retailers, designers, or customers. Use any part of the copyrighted Hoffmann Creatians Downloadable Products to create greeting cards, stationery, home decor, jewelry or any other merchandise. Use any part of the copyrighted Hoffmann Creatians Downloadable Products to create any products for resale on e-Bay, etsy, or any other person/artist/site & call it your own work. This is NOT a professional use license for design houses to re-sell designs to photographers, scrapbookers, end clients etc. This is NOT a professional use license to create scrapbooking kits. Commercial and Professional Licenses
are available. For more information, please contact: Hoffmanncreatians@gmail.com
COMMERCIAL LICENSE USER AGREEMENT
These images belong to Hoffmann Creatians and the Artist who created them. You are purchasing a Limited Commercial Use license for the Digital Downloadable Product. All images remain under the copyright of Hoffmann Creatians. BY PURCHASING THE LIMITED COMMERCIAL LICENSE: You may use Hoffmann Creatians Downloadable Products as such in your business marketing, business cards, web sites, or business identity in completed format. You may resize, recolor or add other graphics to the Hoffmann Creatians Downloadable Products for your business use. You may use Hoffmann Creatians Downloadable Products as a part of your own, derived artwork. You may use Hoffmann Creatians Downloadable Products for ‘scrap for hire’ projects. Images must be flattened before providing digital copies for reproduction.
YOU MAY NOT:
Sell any of the images as a set or individually in purchased formats. Resell or redistribute any copyrighted Hoffmann Creatians Downloadable Products as such in any way. This means any re-sale layered files, PNG files, ABR files. Resell any part of the copyrighted Hoffmann Creatians Downloadable Products as such to retailers, designers, or customers. Use any part of the copyrighted Hoffmann Creatians Downloadable products as such to create mass produced greeting cards, stationery, home decor, jewelry or any other merchandise. This is NOT a professional use license for design houses to re-sell designs to photographers, scrapbookers,
end clients etc. This is NOT a professional use license to create scrapbooking kits. Photographer and Professional Licenses are available. For more information, please contact: hoffmanncreatians@gmail.com
PROFESSIONAL LICENSE USER AGREEMENT
These images belong to Hoffmann Creatians and the Artist who created them. You are purchasing a Limited Professional Use license for the Digital Downloadable Product. All images remain under the copyright of Hoffmann Creatians. BY PURCHASING THE LIMITED PROFESSIONAL LICENSE: You may use Hoffmann Creatians Downloadable Products to create the following products for resell: Digitized embroidery, Printed Stationary, Logo, Packaging, Blog templates, or Printed Material/Clothing. You may resize, recolor or add other graphics to the Hoffmann Creatians Downloadable Products for your professional use. You may use Hoffmann Creatians Downloadable Products as a part of your own, derived artwork including scrapbooking
products providing that user has created something else from the design and the original design CANNOT be separated from the final product. Once artwork is incorporated into a flattened design, you may use any part of the Hoffmann Creatians Downloadable Products as such to create mass produced greeting cards, stationery, home decor, jewelry or any other merchandise.
YOU MAY NOT: Resell or redistribute any copyrighted Hoffmann Creatians Downloadable Products as such in any way. Resell any of the images as a set or individually in purchased formats. Resell any of the images AS IS or Altered as a clipart/element set (even when gathered with other elements) or as a layered Template (where your customer can extract our designs). This means any re-sale layered files, PNG files, ABR files. Resell any part of the copyrighted Hoffmann Creatians Digital Downloadable Products as such to retailers, designers, or customers. This license is only available on select kits that lend themselves to more generic artwork that can
be used as the building blocks to design other custom artwork and products for resell. All Images must be altered from their purchased format. A vector file cannot be resold as a vector file, but it can be modified or used as is to create unique artwork. It needs to be transformed into a flattened scrapbook paper or flattened website template etc. and then the piece can be sold.
