© Barnali Bagchi - 2019 All Rights Reserved

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You must understand and agree to my Terms of Use and license in order to buy my products and use them for personal or commercial use. The terms of use are specified in the License.txt document included in the product zip-file. The licensee may not resell or redistribute the original files, as is, in any way or in any environment, whether for profit or not-for-profit.

My design resources may not be resold or redistributed, as is or in any other way, which would put them in direct competition with me, the original author, thereby making it harder for me to make a modest living from my hard work. The images may, however, be incorporated into both personal and commercial derivative designs and these works may be sold or given away as individual products IF the original image is significantly changed and cannot be extracted by simply removing the added-on element.

If the Terms of Use for a specific or new usage which is not foreseen by this license are not spelled out in the License.txt you can simply email to clarify any confusion and ask for further explanation by writing to me via:

barnalistudio@gmail.com

 

1. The licensee is not acquiring the ownership of the original images, but is acquiring the right to use the images under specific circumstances. The copyright (i.e. ownership) is not being transferred to the licensee and Barnali Bagchi aka moonbeam1212 continues to own the graphic images themselves, but through the licensing agreement grants the right to use them in specific circumstances, such that the basic right of the original artist to profit from them is preserved.

2. The license is not transferable. A customer may not redistribute or share the product files with anyone through file-sharing groups and thereby deprive the original owner of the images of the rightful profit of their labor.

3. The use of licensed imagery in both personal and commercial projects is permitted with specific provisos and exclusions. You can use the images in commercial projects such as webdesign, 3d texturing, advertising, illustration, printable projects, candy wrapper businesses, card making, signage, games, and as photographic backgrounds.

 

4. Barnali Bagchi aka moonbeam1212 is the author and copyright holder of the images in this product package and retains copyright and ownership of the images included in this zip-file, and your license gives you the right to use the images under specific circumstances. You may use the images to create your own derivative projects for personal or commercial sale, with the following restrictions:

 

a) You may not resell the original compositions, elements, files or products, or parts thereof, as is, in any venue.
b) You may not redistribute the products in file-sharing groups.
c) You may not re-save them in another file format and redistribute them, either for sale or for free, in file-sharing groups or any other online or offline venue.
d) You may recolor the elements in my products, but you may not resell or give them away as grayscale, or create templates, actions, scripts, layer styles, brushes or other presets from them.
e) This license is non-transferable. If you have any questions, contact Barnali Bagchi via barnalistudio@gmail.com

 

The key here is in the word "derivative design". You can create derivative designs using my design resources but cannot create another set of products from them which you will then sell as a design resource. You must DO something with them that makes them into your own unique design. The buyer is not permitted to simply recycle or reshuffle the original work into a new package - such as by only changing its color -  and call that their artistic product. Or, individual images may also be used in a one-time basis in commercial projects (such as webdesign or illustration or advertising or signage). But the original "out of the box" images may not simply be re-colored, re-purposed or repackaged to be resold as another design resource under a new name.

 

Limitations:  Specific Restrictions for Specific Product Categories

 

DIGITAL SCRAPBOOKING:-All my products may be used for personal scrapbooking kits but the elements may not be redistributed or given away in file-sharing groups offline or online.

 

"Personal scrapbooking" is hereby defined as meaning that the licensee would create their own digital or print scrapbook for their own family or friends and may give away that design effort within their circle of family or friends but may not give or sell it online to the public or in file-sharing groups.

 

"Commercial Use" scrapbooking license requires my pre-approval and is granted on a per product basis. These are the terms required of any commercial use of my products in a scrapbooking kit offered for sale:

a) I permit derivative designs for scrapbooking products/kits in the form of frames, cluster frames, vignettes, border art, decorative embellishments, quick-pages, background papers & collages, journaling tags, banners, album covers, entire albums, and other functional scrapbooking design elements, to sell to a third party for PERSONAL USE, provided that your product is in a merged, flattened condition and not sold as a Commercial Use design resource itself in direct competition with the original product resources licensed from me. PLEASE NOTE THAT THIS LICENSE IS GRANTED ON A PER-PRODUCT BASIS AND NOT ALL PRODUCTS ARE ELIGIBLE FOR THIS USAGE.

b) My existing scrapbooking kits may not be cannibalized to create another scrapbooking kit AND my original design resources may not be used to create another merchant design resource.

 

It is a copyright violation to simply repackage my design elements for resale or redistribution as is, or even with very small changes, even as a "freebie" or within a file-sharing group, as a scrapbooking "kit".

 

CAFEPRESS, IMAGEKIND, ZAZZLE AND SIMILAR ONLINE MASS-MARKET, IMAGE-BASED STORES:- Buyers are not permitted to upload my compositions, files or products, as is, to create products on a mass market basis online in their own stores. That is akin to providing my original work in its original form to a mass market under your own name. You may not upload my images, as is, to store on Zazzle servers or in order to do graphic design from within Zazzle. You may, however, create a unique design of your own OFFLINE using my products (like a collage background with figures or various design elements on it) and upload that as your own product. This leaves plenty of room for the use of the design resources for these venues. But you cannot simply upload my images, in their original form, as the basis of a mass market product. The key here is to create a "Derivative Product" using my product/s which you may call your own and upload it to your Zazzle store. ("Derivative Design" implies a significant change in the design, which makes it different from the original. You are "deriving" a new, secondary design by transforming or changing someone else's original designs, but stamping it with your own creative input. This is legally and ethically done by artists and designers all the time IF the original artist permits their work to be used in this way. In terms of fair and legal market practice, you pay the licensing fee or royalty for the design resource and honor the Terms of Use attached to the design resources you use in your work.)

 

DECOUPAGE COMPANIES, DIGITAL EMBROIDERY COMPANIES, etc.:- You CAN use my products to create derivative designs in digitally downloadable card-making templates, backgrounds, vellums, toppers, pyramage, and decoupage to be sold to individuals in online craft stores which provide digital downloads. If a derivative design uses any of my images as the top layer of your derivative design, you may place that "cut out" decoupage element on the craft-sheet IF everything is merged into jpg craft-sheet of no more than 150 dpi. Credit is required for any image that is included on a craft-sheet. Credit, including my store url, is required for any image that is included on a craft-sheet. Use the below url:

 

www.moonbeamart.com

 

You MAY NOT place any image onto a craft-sheet, as is, or without significant derivative design input, and/or offer those original images images for sale on a "collage sheet" as a digital download or a print product for sale in craft fairs or craft stores. Simply copying and pasting from my files onto a craft-sheet is not derivative design and damages the value of the original product authored by Barnali Bagchi aka Moonbeam1212.

PHYSICAL/TANGIBLE PRODUCTS, SINGLE OR MASS PRODUCED:- You may not use my products, parts thereof, or derivative products using my products as base, in any physical product, whether a single piece or mass produced, for personal use or sale as a tangible physical product, without a SPECIAL LICENSE. This category includes, but is not limited to, crockery, cutlery and tableware, upholstery, fabrics and apparel, fashion products and fashion accessories, horological products, leather goods, furniture, engravings, covers for gadgets such as mobile phones, tablets etc., sculpted figurines, packaging, etc. This list is not exhaustive and Barnali Bagchi aka moonbeam1212 reserves the right to decide on appropriate usage in case of applications not listed herein. To ascertain correct usage within copyright limits, customers are advised to contact Barnali Bagchi at barnalistudio@gmail.com or through the contact form of the website prior to commencement of the usage.

 

Specific categories and restrictions under physical products are as follows:-

a) JEWELLERY DESIGN:- None of my designs/work or any part thereof may be used in designing and producing jewellery of any sort, whether imitation and junk jewellery or finer jewellery made with precious metals and precious/semi-precious gemstones or jewels.

b) PAPER QUILLING:- My designs may be used for paper quilling, but only for recreational and personal use. You may not sell the quilled piece or a photographic image of the quilled piece in any venue or in any other form. The photographic image of the quilled image is also treated as a "derivative design" and therefore is restricted from commercial usage of any sort. The use of photographic images of a quilled piece made using my products requires a SPECIAL LICENSE, as explained in the "PHYSICAL/TANGIBLE PRODUCTS, SINGLE OR MASS PRODUCED" section above.

 

PRINT WORK FOR MASS PRODUCTION:- You may not use my products to mass produce any product for sale as a print product (as in stamped or printed graphics for publication) without an EXTENDED LICENSE. The sale of any digital product created as a derivative of any or all images in this archive is NOT Permitted, unless prior permission is granted via EXTENDED LICENSE.

 

 

REGARDING NEW USAGES WHICH MAY ARISE IN THE FUTURE OR USAGE I MAY HAVE OVERLOOKED...I reserve the right to interpret the basic license in the future in a way that protects my copyright and position as the author of my own work appropriately, so that customers may use products for derivative designs but not resell the products in a way that damages my position as the originator of the original work.

 

For any further query please contact us via barnalistudio@gmail.com or website contact form.

 

 

 

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We reserve the right to change or modify the current Terms of Use with no prior notice.