Digital Background TOS

On this page is the most current copy of the Digital Background TOS. This page is posted in black and white for your convenience.
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This TOS only applies to items purchased from Melissa Krauss. It is your responsibility to read and understand this TOS. If you are unsure about anything, please contact me at theartist @ artbymel.net, minus the spaces. Melissa Krauss retains all copyrights to the enclosed materials. You are not purchasing the contents, only the right to use the contents. You may not redistribute this archive file, in whole or in part. You may not store it any place on a network or on the Internet where it may be referenced by a third party. You acquire the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. If I, Melissa Krauss can show that any of the original material can be extracted from your derivative work, I, Melissa Krauss can demand both the original and derivative work, and all copies thereof be deleted. For example, you cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut & pasted from the image. This is designed to protect me from work being released, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of you. You may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted.
In the event you are not satisfied with the product a refund may be issued at my discretion. If a refund is issued, you are responsible for deleting all files using the product and may not distribute the product.

You are hereby granted a non-exclusive, non-transferable license to use all of the contents of this archive file. I, Melissa Krauss maintain that all items in the archive are my original work, or are derivative works from something found, and verified, to be in the public domain, or licensed by Melissa Krauss for use in creation of products for resale. I, Melissa Krauss maintain I legally possess the power to grant you this license for all enclosed materials. You may use the materials in any personal projects or commercial projects, as long as the my work is protected from extraction and none of the items above or below have been violated. You may make a single backup copy of this archive file, for personal archival purposes only. You retain this license, even if I discontinue selling this package at a later date, or the price changes. I, Melissa Krauss may revoke this license, if it is shown or demonstrated to me that you have violated the terms and conditions as defined in this license.

These backgrounds are for personal and commercial use with some exceptions:

Any use of my backgrounds in a commercial project must be as a base to create an image or photo manipulation of your own work. The resulting derivative work can be resold, posted to a print on demand site or licensed as you please.
The backgrounds cannot be resold, posted or licensed for use as is.

Allowed uses and definitions.

• You are not required to link back to my site, though it is appreciated.
• You may use these backgrounds for any purpose such as digital art, photo manipulation, email cards, signature tags, etc. However, the finished item must be an entirely new creation in order to be offered for sale to customers.
• You may use these backgrounds in your own design, for a client to create something new, or a new image you intend to license as shareware for your own resale, as long as the original image is altered and cannot be extracted from the new design.
• You may make variations in opacity or colorization of an image, crop, resize, use part of the image or the entire image to create your own image.
• You may use these backgrounds to create new images that you intend to sell for a profit in digital format or print format.
• You may use these backgrounds to create a new image for use in an online gaming site such as an MMORPG, but you cannot post the backgrounds as is without modification which creates a new image.

Violations of use.

• None of these of backgrounds can be used in any manner (real or fictional) that encourages or embraces the practices of domestic cruelty and abuse, elderly cruelty and abuse, animal cruelty and abuse, torture, hate or hate groups, genocide, racism, discrimination of any kind, bigotry, misogyny, slavery, human trafficking, child pornography, or pornography of any kind.
• You may not make multiple prints or any prints for the purpose of resale with this background as it is. Any print created for the purpose of resale MUST be in the format of a new image.
• You may not post these backgrounds in full size, high resolution format on the web.
• You may not post these backgrounds on the web as is for any kind of sale for commercial profit. You MUST create a new template, or web set design, or image in order to post any part of this image for sale for commercial profit.
• You may not claim these backgrounds as your work after making minor alterations such as changes in opacity, cropping or resizing, and colorization.
• You may not use these backgrounds in any manner that places the resulting creation you make in competition with my digital creations.
• You may not upload these backgrounds to any print on demand site as Zazzle or Cafe Press for the purpose of offering them for sale in a printed format for a profit.
• You may NOT slap a cross-stitch pattern on these backgrounds, call it your own, and upload it to ebay, etsy, or any online shop and offer it for sale.
• You may not make stamps, tubes or brushes with these backgrounds for the purpose of resale.
• You do not have the right to redistribute the original file nor any copies, in whole or in part, in any collections. No file sharing of any kind or digital collection on the internet or in any media collection that is shared or resold.
• You may not make any false representation or claims as to the creator of these background images. Melissa Krauss (and any of her applicable licensors) retains all and implied copyrights.

Legal Clarifications and Disclosure
The contents of these files is copyright (c) Melissa Krauss. Purchase or sale does not give the user copyright of the contents nor does Melissa Krauss relinquish that copyright. You agree that your intention and purpose of use is strictly legal business, ecommerce or otherwise, or personal enjoyment, and have no intent now or in the future for pursuing any illegal or hostile activities using the site where the licensed design is posted as a basis for said activities. You agree that no person or persons, with your permission and partial or full knowledge, will attempt to link to the site where the design is posted or use the site where the design is posted for the above-mentioned activities. If you withhold any information as to the purpose of the site where this design is posted, from M. C. Krauss, the owner will not be held legally responsible for any fines, damages, attorney fees, court fees, etc., levied against you by any or all injured parties seeking damages or monetary retribution by civil or criminal lawsuit, including local, state, federal, international, or civil parties.

Disclaimer of Liability
M. C. Krauss is not responsible to you, any person or organization for any damages arising in any manner out of the use of the content and/or information made available on this site. You acknowledge that you assume all risk and/or responsibility for any loss and/or damage arising from the uses to which the content and/or information provided by this site is put. In other words, you are solely and fully responsible for any content that becomes part(s) of any and all web pages, documents or other projects you post or distribute, for profit or not for profit. Your use of the content is at your sole risk and is provided on an "as is" basis without warranties of any kind, either expressed, stated or implied.

Indemnification
You shall indemnify and hold harmless M. C. Krauss, from and against any and all claims, liabilities, losses, costs, damages or expenses (including but not limited to attorney fees) arising from your application of or use of graphics on this site or the information made available thereby.