Digital Art TOS

On this page is the most current copy of the Digital Background TOS. For your convenience you may print a copy.

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

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.

Commercial Use

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.

Gold Member - Print/Gaming Use

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.
Limitations on a Print/Gaming License Use
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

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.

Exclusive Use

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. Purchase and download options are removed from the gallery display after the payment is completed.

Gallery Image Use Exceptions

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 image is used 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 licensed image is used or use the site where the licensed image is used for the above-mentioned activities. If you withhold any information as to the purpose of the use of the licensed image 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 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 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.

Use is Agreement

By your use of any images in this gallery, or by becoming a member, you are agreeing to abide by the ALL the Terms of Use listed above
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