| TERMS OF USE (TOU) for Pat Carlucci's
PsP art license: TERMS UPDATED
11-12-07
NOTE: All license sales are
FINAL...!
No refunds will be given for any reason!
NO EXCEPTIONS, so do not ask... I will not respond!
Sorry for sounding harsh but my hand
has been forced.
For general TOU questions or comments -
Contact Roberta or Chelle at:
TOU MANAGEMENT
Your Pat Carlucci Art License purchase includes a limited use license for one
(1) person, which gives you legal permission to use copyrighted intellectual
property (Pat Carlucci produced artwork for your NON-PROFIT/NON-COMMERCIAL
USAGE) within the stated parameters of this agreement. Any other use is a
violation of federal copyright laws. You do not own the individual graphics, but
have purchased the rights to use them as outlined in this agreement. The creator
retains all other rights.
A separate legal license for each of Pat Carlucci's Art License TUBED ART
PACKAGES must be obtained as a download or on CD (if you are purchasing a
commercial use license). This can be done by purchasing
a legal download of graphics from www.psplicense.com . The only place you can
purchase a legal license for downloaded Pat Carlucci art for PsP use or Commercial
use is through www.psplicense.com . You may also obtain a license through the
purchase of an unopened legal Pat Carlucci Art License CD (containing high
resolution images for commercial usage) from
www.psplicense.com. You cannot obtain a
legal license or CD any other way. We keep a record of all purchases so we can track
copyright violations.
Downloading Pat Carlucci's art or opening the Pat Carlucci Commercial Use Art License CD
(containing high resolution art images for commercial use) indicates your
acceptance to abide by the terms of this agreement. These terms are accepted by
the purchaser (you) at the time a Pat Carlucci art license is purchased.
Artwork
The art/designs and/or conceptual/original characters as well as established
characters owned by another entity contained in Pat Carlucci Art License are
licensed and protected by international copyright laws. These designs are
copyrighted by the artist and licensed to individual license holders for their
non-profit - non-commercial hobbyist usage. The use Pat Carlucci's art for anything,
besides what is allowed, by this limited licensing agreement requires a separate
agreement and or negotiations.
Use in Advertising, Newsletters, & Magazines
Enhancing advertising and newsletters is NOT allowed with Pat Carlucci's artwork,
unless you have purchased one of Pat's COMMERCIAL USAGE LICENSES (This
license will only cover Pat's original creator owned character art
which does not infringe on known intellectual properties owned by
another entity). A legal (commercial) license for the art used is
required along with notification of intent to use Pat's art as
included illustrations in any magazines/ads/newsletter or other before
it is published, including a proof of the ad before it is released. Art credit to Pat Carlucci with a legible reference to
www.psplicense.com must be
given. Presenting Pat's art as a pattern/ad or any other
representation in a magazine, newsletter, advertisement or any
product produced which is to be sold, distributed, traded, gifted or
other wise is strictly forbidden without written consent of Pat
Carlucci himself.
Personal Use
This limited license (for PsP art usage) allows you to use Pat's art
graphics to create tags/siggies/tubes for your personal use. You
cannot use Pat Carlucci's art graphics to create handmade items to
sell, we suggest you purchase one of Pat's commercial usage licenses
for these purposes. Please email:
info@psplicense.com with any
questions or inquiries.
.
Professional Crafting (EX: Shirt makers - Cell Phone/PDA wall
paper dealers - Skate/Snow board designers)
Any professional and or resale intent using Pat Carlucci's art
MUST purchase a commercial usage license!
Product use for resale purposes/product enhancement: The copyright does not allow
for Pat Carlucci's art graphics to be used on digital or non-digital hand-finished products (i.e. a printed
card or glass block) sold directly to the consumer without any copyright
infringement. The intent here is for the professional crafter/boutiquer to
purchase one of Pat Carlucci's commercial usage licenses to use these designs to make hand-finished products for resale. Handcrafted items do not include things such as
Pat Carlucci's art graphics placed on a page and printed off to be
shared or sold. Handcrafted items need to be actual items you
created having purchased a commercial usage license.
Before creating items/products for resale, you must have a legal Pat Carlucci
commercial usage license for any of Pat Carlucci's art graphics
you use. You, as the crafter/product producer must personally create a mock up
of the item that will be for
sale and send pictures of it to
info@psplicense.com in which gain the written approval of Pat
Carlucci before product either goes into production or is sold.
Points to make a note of:
-A commercial license must be purchased for EACH product line
you intend to manufacture and sell. The purchase of one
license does not cover your entire nor partial catalogue. (EX: You
want to make t-shirts & hats from Pat Carlucci's art graphics, then
you would have to purchase two separate commercial usage licenses
outline in this agreement).
-You or the entity you are a part of cannot make more than 200 of
any given product without purchasing an additional commercial usage
license. So, for every 200 pieces of a given product line, you
will need to purchase an additional commercial usage license.
-You CANNOT sub-lease, trade, nor sell any Pat Carlucci commercial
usage license. Strict adherence to this mandate must be
followed.
-You may "gift" a commercial license to someone or an entity as long
as the giftee understands and adheres to the rules set fourth in
this agreement.
Licensing Agreement
If you are interested in obtaining a PsP or commercial licensing agreement
beyond this limited licensing agreement, you will need to inquire for one.
An additional and reasonably structured fee will be assessed
according to the nature of the request. This fee will be negotiated
if your inquiry for an agreement is approved by Pat Carlucci
himself. Send your inquiry here:
info@psplicense.com
To register for a licensing agreement, please submit a written proposal
containing the following:
Specific use of the intended images in writing
An example of the intended use (attach a photo to your email)
The print/production run of the product in question to:
pat@psplicense.com
The licensing of an image in no way guarantees rights to its exclusivity.
Exclusive rights to any images must be worked out with Pat Carlucci solely.
Digital Crafting
This is a fast growing segment of the craft industry, which has its own set
of rules. Pat Carlucci's Art License images can only be used for personal use in
digital crafting and scrapbooking, with the exception of the creation of SigTags,
which can be created for others, based on the rules below.
SigTag creation rules:
Anyone creating a SigTag with Pat Carlucci's art must first own his legal PsP
usage license
for any art they use. (You cannot use tubed or untubed Pat Carlucci
art
graphics you “snagged” or someone gave you).
All Sigtags must clearly display "www.psplicense.com",
"Art © Pat Carlucci" and "Your Legal License Number". It must be
fully legible at all resolutions and and must cover part of the Pat
Carlucci's art graphics with this URL or at least be placed on the
body of the signature tag and not on the outer edges where removal
of information can be cropped easily by anyone.
Animation with creativity is allowed, such as breathing, blinks &
winks, sparkles, noise. So long as the original image isn't
distorted too badly.
All Sigtags must be in their final compiled format.
No Sigtag can be larger than 72 dpi.
You cannot copyright a SigTag that has Pat Carlucci's art graphics in it.
You can put your personal watermark or “tagged by” on the tag to credit your
work.
You cannot use any non-Pat Carlucci's artwork in conjunction with Pat
Carlucci's art on the same SigTag. You may add embellishments or effects you
create yourself, so indulge your creativity!
Any SigTag you create for another person must be personalized with their name.
You may not sell any tags or tubes that contain Pat Carlucci's art.
No blank SigTags are allowed to be shared with anyone (this falls
under the no shared templates rule)!
SigTags containing any of Pat Carlucci's art can never be used in any commercial way to
be sold, bartered, or used to collect donations of any kind. Nor can the users
be required to join a private group whether for a fee or free and be required to
contribute at a certain level. You must obtain on of Pat Carlucci's COMMERCIAL
USAGE LICENSE for any such endeavor.
Any online group that has members who use Pat Carlucci's art in their SigTags must inform their members there is a TOU policy in place for Pat
Carlucci Art and provide the following link to the policy.
http://www.psplicense.com/tou.htm
All illegal activity must be reported to keep groups from being shut
down. You can notify us at
copyright@psplicense.com . All information will be held
confidential as we take legal action against those who violate our copyrights.
PsPLicense.com reserves the right to use any Sigtag created with Pat Carlucci's
art for promotional purposes, whether printed or online.
Finished tags are for personal use in emails and message board postings.
Pat Carlucci's art cannot be shared in any digital format except as
provided for in this limited license agreement, as noted above.
Digital Distribution
Purchasers of Pat Carlucci's PsP Art License may not redistribute the images
in part or whole, in any form including, but not limited to; tubes, linkware,
shareware, web sets, brushes, dings, alphas or presets; they may not be offered
for download as part of an art collection or as tutorial supplies (unless direct
permission by Pat Carlucci was given) or any
other digital compilation whatsoever.
Pat Carlucci's art cannot be distributed in any digital form as
an individual graphic or as a set. You cannot tube or alter Pat Carlucci's art in any way and then share (distribute) to anyone
that doesn't hold a legal license to use Pat's work by any means
whether through digital distribution or on CD.
Digital distribution includes, but is not limited to; shareware, upload sites or
servers, personal websites or personal servers or peer-to-peer networks, online
user groups, direct transfers, message boards or email.
Pat Carlucci's art can never be sold in any digital format
whether as an individual graphic or as an entire set. You MUST purchase a
PAT CARLUCCI COMMERCIAL ART USAGE LICENSE to do so as outlined in
the "PROFESSIONAL CRAFTING" part of this Terms Of Use.
Online use
Internet/World Wide Web Usage: The personal use of Pat Carlucci's art on web
sites is allowed provided the art is not “downloadable” or
“printable” in any fashion. The art should be used as enhancements or decorative embellishments
for your site and you are to be the holder of a legal license for Pat Carlucci's
art usage. On each page that has Pat Carlucci's art, credit must be
given to Pat Carlucci with a link to
www.psplicense.com as well as your
license number. The
creation of web sets or linkware for distribution, whether for sale or for free
is not allowed. The use of these images as patterns or projects is
forbidden without written consent from Pat Carlucci himself. The
legal purchase of a COMMERCIAL LICENSE HIGH REZ ART CD or
download is required along with written notification of intent to
use our art images for your web site. Please include your e-mail
address and web address, along with the links to any pages that will
have Pat Carlucci's art included with this notification. Send
notification to info@psplicense.com
PsPLicense.com, Inc. and Pat Carlucci, reserves the right, from
time to time, to modify or amend these Terms of Use at our sole and
absolute discretion. The most current version of these Terms of Use
are in effect as of Nov 3rd, 2006. The most current
version of the Terms of Use will supersede all previous versions. Thank
you for adhering to these terms, your support is ALWAYS appreciated!
TERMS UPDATED
11-16-06
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