TOU



Copyright 2008-2017 Fayette Terlouw, dba Fayette Designs

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.

All Rights Reserved - Fayette Terlouw retains and reserves the right to modify, update and change the Terms of Use for all digital designs at anytime with or without notice.
All of my designs are considered “Personal Use” unless otherwise marked. This TOU applies to all of my products, whether currently for sale, retired or given away by me as a freebie.
YOU MAY USE MY DESIGNS FOR THE FOLLOWING PURPOSES:
                        To create your own scrapbook pages and projects, including hybrid works or paper scrapping.
                        To create layouts that are posted in online galleries and/or submitted to magazines. Please credit me with the element and/or kit name and list the website where purchased if possible. This includes the freebies that you may have downloaded from my shop or blog.
                        To copy my files to any external hard drives and computers that are owned and used expressly by you for digital scrapbooking purposes. This does not include computers that are used by other digital scrappers or people who would use my designs other than your immediate family (spouse or children living in the same household).
                        To make DVD or CD backups to store solely for your own use. These backups may not be shared with any other person.

For your HOME-BASED BUSINESS under my limited professional use / scrap for hire conditions noted below.
To customize your own PERSONAL blog or website.  Please be sure to credit me with the element and/or kit name, and either list or link to my website.
LIMITED PROFESSIONAL USE/SCRAP FOR HIRE:

YOU MAY create layouts or other craft items for individual clients to be delivered to the client in paper or flattened form without asking permission or purchasing an additional license.  If you exceed 50 copies, you will need to contact me for an extended license.

YOU MAY use  everything but my Quick Pages and Templ•ETTES for home-based, SCRAP FOR HIRE business. You MAY NOT use my Quick Pages or  Templ•ETTES or other premade pages for scrap for hire.

YOU MAY NOT use my designs for an online scrap for hire business or to create items to be sold in any online shop.

YOU MAY NOT use my designs to create quick pages for sale at any online store, blog,  auction or other sites.

YOU MAY NOT use my items for the purpose of designing business web pages or web templates, blog designs, eBay product pages or eBay about me pages, or cards without permission.

YOU MAY NOT:

                        claim these images as your own (altered or unaltered)
                         
                        redistribute my designs in any way (selling, sharing, loaning or pirating)
                         
                        create brushes or tubes from my designs
                         
                        upload my designs to any webpage for download, send them through Google,Yahoo or other "list" groups.
                         
                        If you have received a freebie from my website or blog,YOU MAY NOT redistribute the files as a freebie without written permission
                         
                        make "Quick Pages" or templates from my designs and offer them for sale or free under any circumstances.

UNAUTHORIZED USE
The use of the content for any harmful, pornographic, or material that may be deemed harmful or offensive to another person is prohibited.  It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. Accessing the images and text provided within this purchase does not give you any rights to use them without the permission of the Copyright owner.

All Materials designed by Fayette Terlouw, including but not limited to images and text, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content except as specified herein.

You must agree to follow all instructions within these terms and are limited the way you may use the content.

Commercial Use items are used occasionally in the creation of my kits. All items have been used as outlined by the CU designer terms. Credit will be given with individual kits when required.


Limited Professional Use License

If  you are interested in using products for professional use, please contact me at fayettedesigns@comcast.net for information and pricing on obtaining a Limited Professional Use License. Please note that permission is given on a case-by-case basis and that the costs associated with obtaining a Professional Use License are in addition to the cost of purchasing the product. (The license would only cover Fayette Designs products, the license does NOT include portions of the product that is done in collaboration with another designer.)

When purchasing a Limited Professional Use License you agree to the following terms:

All digital images and sample images are Copyright © Fayette Terlouw/Fayette Designs, all rights reserved. These designs are not to be redistributed in their original form in any way or claimed as your own.
Limited Professional Use: Single Product $10
Limited Professional Use: 12 Month $75/year (must be renewed annually)

WHAT IS ALLOWED WITH THE PROFESSIONAL USE LICENSE:
•You may use these graphics to create a customized end result (scrapbook page, album, layout, cards or invitations) for your client provided that the final product that you offer them is a printed or flattened jpg version of the product (not in the form of a .psd file, nor nor individual papers/elements files, etc. in its original form are redistributed)
• You may use the graphics for small craft endeavors where the designs are used in hand made products sold at local craft fairs or boutiques.
•You may use samples created with this product in your galleries and portfolios.
•You may use these graphics in the production of promotional materials for your small business (brochures, promotional ads, etc)
• You may use these graphics on your photography site, website or blog so long as the final images are displayed in a flattened form (jpg/gif) and sized not more than 72 dpi. A credit with a link back to my shop must be displayed somewhere on your site. (see links below)
•You may use these graphics in your web design projects for clients. HOWEVER – A seperate Limited Professional Use license must be purchased for each site where graphics are used.

WHAT IS NOT ALLOWED WITH THE PROFESSIONAL USE LICENSE:
•You may not use these products to make any type of scrapbooking product (including kits, papers, elements, templates, quickpages, product previews, etc) for sale or as a freebie.
•You may not claim these graphics as your own either in their original state or in an altered state.
•You may NOT use use a Fayette Designs product to create your own digital product. You may NOT used any of my products and claim them as your own.
•You may not distribute these graphics in any format except for the uses defined above.
•You may not use these designs in the creation of templates for sale on any electronic media, website and/or in any other form.
•You may not use these graphics to create website or blog design templates for a site other than your own personal blog.
•You may not print these papers or designs and offer them for sale or distribution via the Internet, kits, retail locations or any other venue.
•You may not produce projects for mass production or distribution. This license allows for small business use only.

Scrap for Hire (S4H)
Fayette Designs is Scrap for Hire (S4H) friendly.  My definition of a “Scrap for Hire” business is using the designs for your small HOME/HOBBY Scrap for Hire business that focuses on scrapbooking CUSTOM pages for others.  You may use Fayette Designs designs provided that the designs are custom designs for each customer and not a generic page design to sell as a “print on demand” type of option.  This means the designs may be used with your business… But, you may NOT use my products to create generic ‘Fayette Designs’ products to sell and claim as your own.  Also, the finished scrapbook page is to be provided to the client as a flattened, uneditable jpg format (if supplied digitally) or in printed form. (i/e/ NO PSD files, NO quickpages (png files with photo knock outs), NO individual paper or element files are allowed)
  
Please, contact me if you have any questions, comments or concerns.
Fayette Terlouw
Fayette Designs
fayettedesigns@comcast.net
PBP Shop https://www.pickleberrypop.com/shop/manufacturers.php?manufacturerid=85



Commercial Terms of Use

Thank you for your interest in my designs!
By purchasing this product you automatically agree to comply with these Terms of Use (TOU).
Fayette Terlouw retains and reserves the right to modify, update and change the Terms of Use for all digital designs at anytime with or without notice. It is your responsibility to check for updates and changes to the Terms of Use.

LIMITED COMMERCIAL USE
These Terms of Use (TOU) are valid only for the limited commercial application of graphics, photoshop tools,  brushes or brush sets or other CU products purchased from Fayette Designs.  In purchasing the Limited Commercial Use license you agree to comply with the TOU.  The TOU is subject to amendment by Fayette Designs at any time and you agree that you are bound by any subsequent changes.
All copyrights are retained by Fayette Designs with all rights reserved unless otherwise stated in the TOU.  No commercial use of this product beyond those stated here is authorized.  It is illegal to reproduce or distribute copyrighted material without permission of the copyright owner.  Any dispute concerning designs by Fayette Designs will be resolved through arbitration in the State of Utah and Utah (and Federal Law) will apply.  
COMMERCIAL LICENSE AND AUTHORIZED USAGE
The single-user, limited commercial license enables photographers, scrapbookers for hire (S4O/S4H), website designers and digital designers to use my commercial use products to create products for direct resale to their customers.  The following conditions apply:
YOU MAY:
·   You MAY use my commercial use products as a tool to create digital scrapbooking papers, elements, and flattened quick pages or photobooks, for direct resale to your customers.
·   You MAY use my commercial use products as a tool to create overlays, transfers and clipping masks provided these products are in compliance with this TOU.
·   You MAY use my commercial use products to create website graphics for your customers provided they are delivered at 72DPI resolution.
·   You MAY use my commercial use products to create digital scrapbook pages, storyboards, photo books (S4O/S4H/photographers) and other digital designs for your clients provided all digital files are delivered in a flattened file format.

YOU MAY NOT:
·   You MAY NOT repackage, resell or redistribute any of my commercial use products, in part or whole, nor in brush format (.abr and .png) or template (.psd) format.
·   You MAY NOT use my products to create and resell or redistribute derivatives or altered versions of my products.
·   You MAY NOT resell or redistribute derivatives or altered versions of my commercial use products in brushes (.abr and .png) or template (.psd) format.
·   You MAY NOT use my commercial use products to make other commercial use products.
·   You MAY NOT use my commercial use products to make free products or products you intend to give away.
·   You MAY NOT use my commercial use products to create products that will be mass produced/printed. Extended licensing is required for any production outside of digital media, and may be obtained on a case by case basis. An additional fee is charged for mass production of products using commercial use items created by Fayette Terlouw/Fayette Designs.
·   You MAY NOT claim any material or its derivatives as your own work.  Credit to Fayette Designs in your TOU is not required but would be appreciated. 
·   Notwithstanding the foregoing, you MAY NOT use any material for purposes of promoting other digital products or designs.
·   You MAY NOT use Fayette Designs for any pornographic, racial or other offensive purposes.
PHOTOGRAPHER INFORMATION:

This current license applies to photographers who are creating photobooks and composites for their clients. They are making new artwork for each customer.

Photographers with a desire combine their photos with Fayette Designs products to sell to multiple clients should contact Fayette Designs at fayettedesigns@comcast.net. Licenses for this usage are granted on a more individualized basis. 

Fayette Designs also welcomes all other licensing inquiries. fayettedesigns@comcast.net

If you have any questions or requests with respect to other commercial use applications, please e-mail me at

DISCLAIMER
Fayette Designs is not responsible to you, any person, or organization for loss and/or damages arising from the use of products from Fayette Designs.