Digital Art TOS

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The images in this gallery consist of original concept images created for use in gaming, prints you wish to use in your home or office, or give as gifts to family and friends, website graphics, book covers (both e-books and hard cover/paperback printed books) and more. There is also unique stock images that can be used in image manipulation to create new artwork of your own. Some are unique AI assisted in creation, some are unique 3D creations.The images are marked on the page display for each image accordingly. Any intended use for mass distribution for profit up to 1,000,000 items or use on gaming sites with 50,000 - 1,000,000 paid subscribers requires a Print/Gaming License. Any intended use for mass distribution for profit in excess of 1,000,000 items or use on gaming sites with more than 1,000,000 paid subscribers requires an Extended Use License.

The Terms defined here refer to the purchase of a use license for an image or images downloaded from the art gallery on the domain of artbymel.net. Licensing options to use this artwork under these Terms allows for a Personal Use License, Commercial Use License, Print/Gaming License, Extended Use License, and Exclusive Use License as well as Stock Use. Your receipt of purchase is your license, store it in a safe place. When you license any of this art, you are paying for the right to use it, not the right of ownership and you agree to the all the Terms of Service as outlined and described on this page. These Terms are subject to change without notice. It is the responsibility of anyone using these images to be aware of the current TOS posted on the website. Use of this artwork indicates your agreement to abide by the terms as listed below. ANY violation of the terms listed here gives Melissa Krauss the right to demand the artwork no longer be used and/or removed from any place where it is in use. Violations of Copyright and Copyright Infringement will result in legal action.

A link back to this site is greatly appreciated but not a requirement for use licenses of the art on this site. Please make sure you have a copy of your receipt as proof of your license use. If you want a copy of the original license definitons and terms, please contact me with yor request and forward a copy of your receipt.

Personal Use License
Under a personal use license you cannot use any digital artwork in the gallery to make a profit. You cannot resell what you create to a client. You cannot use any of the artwork in any commercial projects of any kind. It is strictly for personal use only. This is a shareware license. The image may be licensed for use by anyone.

• You may use an image as a character respentation for gaming.
• You may use an image(s) on a web site you have built for yourself.
• You may make variations in opacity or colorization of an image, crop, resize, use part of the image or the entire image.
• You may make prints for your own personal use from your own printer.
• You may upload an image to a print on demand site in order to make a print, but it must be on a private account, and cannot be viewed, seen or purchased by anyone else.
• You may make prints for gifts to give to friends or family.
• You may create from this art (as is and without alteration) invitations, newsletters or any item that is specifically for your own use.
• You may make a stamp or a brush or tube for your own personal use.

Commercial Use License
Under a Commercial license you are allowed to use this artwork for a single commercial project. You may use it to design an e-book cover, interior art for an e-book, on a free online gaming site, and for the purpose of creating a single commercial project for a client. This is a shareware license. The image may be licensed for use by anyone.

• You may use an image(s) on a gaming site which has NO paid subscribers.
• You may use an image as a character respentation for gaming.
• You may use an image(s) on a web site you have built for yourself or a single client.
• You may make variations in opacity or colorization of an image, crop, resize, use part of the image or the entire image.
• You may make prints for your own personal use from your own printer.
• You may upload an image to a print on demand site in order to make a print, but it must be on a private account, and cannot be viewed, seen or purchased by anyone else.
• You may make prints for gifts to give to friends or family.
• You may create from this art (as is and without alteration) invitations, newsletters or any item you are not selling or distributing for a profit.
• You may make a stamp or a brush or tube for your own personal use.
• You may use an image(s) for digital e-book covers without quantity limits.

Print/Gaming Use License
This license applies to the mass marketing of printed media limited to 1,000,000 items or an online gaming site with 50,000 - 1,000,000 paid subscribers. This is a shareware license. The image may be licensed for use by anyone.

• You may use the artwork for any printed or digital format that will be distributed/sold for a profit e.g., posters, notebooks, art used to enhance an online gaming site, etc., up to 1,000,000 items or paid subscribers.
• You may use the artwork in multiple commercial projects.
• You may use the artwork in the creation of a website templates or themes for a client.
• You may use the artwork to create website templates or themes for resale.
• You may use these images to create templates you plan to resell under a Print/Gaming License ONLY.
• You may use an image(s) for covers on printed books, paperback or hardcover.

Limitations on a Print/Gaming Use License
Distribution of mass media items is a maximum of 1,000,000 items. Website template or theme download limit is 1,000,000. Use with an online gaming site is limited to 1,000,000 paid subscribers. Image use for more than 1,000,000 mass market items, or gaming sites with more than 1,000,000 paid subscribed members requires an Extended Use License.

Extended Use License or Platinum Member
This license applies to the extended use of an image in the gallery. This is a shareware license. The image can be licensed for use by anyone or downloaded for use by members.

• You may use the artwork in unlimited commercial projects.
• You may use the artwork to create unlimited website templates or themes for resale.
• You may use the artwork for any printed or digital format that will be distributed/sold for a profit e.g., posters, notebooks, art used to enhance an online gaming site, etc.without limits on quantity or paid subscribers.

Exclusive Use License
This license applies to the exclusive use of an image in the gallery. This is not a shareware license. The image can no longer be licensed for use or downloaded for use by members. It is removed from the gallery after payment is completed.

Exclusive License Use

• You may use the artwork in multiple commercial projects.
• You may use the artwork to create website templates or themes for resale.
• You may use the image to create templates or themes you plan to resell.
• You may use an image(s) for covers on printed books, paperback or hardcover intended for mass distribution.

Violations of ALL Licenses and Gallery Member use.

• None of the images in this gallery 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 do not have the right to use any of the images in this gallery to create a registered trademark or in a registered trademark.
• You may not post any of the images in this gallery in the original full size, high resolution on the web. Anything posted on the web must be no more than 50% of the original full size. The exception being any image that is 1200 pixels at the largest dimension or less. Images posted on the web cannot have a resolution higher than 72 ppi.
• You may not use any of the images in this gallery in any manner which allows someone to extract the original, full size, high resolution image.
• You may not claim any of the images in this gallery as your work after making minor alterations such as changes in opacity, cropping or resizing, and colorization.
• You may not create a copy of any of the images in this gallery by means or any medium and then claim your version as your own original work.
• You may not, under any circumstances hand any of the images in this gallery over to another artist to be re-worked or re-designed into something else and claimed as the work of anyone else.
• You may not use any of the images in this gallery as a starting image or base image in AI assisted image creation programs.
• You may not make tubes, stamps or brushes with any of the images in this gallery for the purpose of re-selling it or freely re-distributing it in the form of tubes, stamps or brushes.
• You do not have the right to redistribute the original file, any copies, in part or in whole, in any collections of file sharing or any kind of 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 any of the images in this gallery. 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 of a license or gallery subscription does not give the user copyright of the contents nor does Melissa Krauss relinquish that copyright. You agree that the purpose for the use of this art 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, including but not limited to using any site where the artwork is incorporated 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 any site where the artwork is incorporated or use any site where the artwork is incorporated for the above-mentioned activities. If you withhold any information as to the purpose for this art or your intent from Melissa 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
Melissa Krauss is not responsible to you, any person or organization for any damages arising in any manner out of the use of the content, the downloads 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. 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 Melissa 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.