CONTACT INFO | PERSONAL USE TERMS OF USE | COMMERCIAL USE TERMS OF USE

All Content ©2007-2010 Michelle A. Batton. All rights reserved.
michelle AT funkyplaygrounddesigns DOT com
http://www.mellowbutterfly.com

PERSONAL USE PRODUCTS TERMS OF USE

This license agreement is not effective unless accompanied by a valid receipt.

This license agreement applies to all materials created by or authored by Michelle Batton including, but not limited to: graphical images, photographs, fonts, brushes, styles, free samples, and text ("Content").

Purchase and/or download of these files does NOT grant you copyright to the Content. It grants the original purchaser (“You”), a single-user license to use the Content for PERSONAL USE and LIMITED SCRAP-FOR-HIRE USE ONLY under the following terms and conditions.

The following are the PERMITTED USES of the Content, subject to the restrictions stated herein:

1. You may create derivative works, which become copyrighted to You, using the Content for your personal, non-commercial use.
2. You may create custom scrapbook layout pages, photographic story boards, greeting cards, special occasion announcements and/or invitations, which become copyrighted to You, using the Content for your small, home-based scrap-for-hire business, provided:
1. The final product sold must be supplied to the customer as a flattened .jpg and/or in printed format.
2. Whenever possible, copyright credit should be given to the designer, Michelle Batton.
3. You may submit your completed project using the Content for print publication in art, craft and/or hobby magazines provided:
1. credit for the Content is attributed to Michelle Batton on the same page as the project;
2. You notify Michelle Batton via email of such publication, including the title of the magazine, date of publication and page of publication.
4. You may submit Your completed project using the Content for inclusion in an art, craft or hobby related internet magazine (AKA e-zine) provided:
1. credit is attributed to Michelle Batton on the same page as the project;
2. a link back to www.mellowbutterfly.com or www.funkyplaygrounddesigns.com is included, when permitted;
3. You notify Michelle Batton via email of such publication including the url of the site where the project can be viewed.
5. You may submit your completed project using the Content in art, craft and hobby related website galleries (including your own website or blog) provided:
1. credit is attributed to Michelle Batton on the same page as the project;
2. a link back to www.mellowbutterfly.com or www.funkyplaygrounddesigns.com is included, when permitted.
6. You may alter the Content with respect to color or size, or by adding to or removing from the Content in order to incorporate it into project.
7. You may make one copy of the Content for Your personal backup purposes only. You must also copy all copyright/terms of use notices on this single back-up copy.
8. You may print physical copies of any of the Content to be used in accordance with the terms of this license.

The following are the RESTRICTIONS on the use of the Content:

1. You may NOT do anything with the Content that is not expressly permitted herein.
2. You may NOT use the Content, in its original state or altered, for any commercial purposes other than stated in point #2 of permitted uses above, including but not limited to:
1. any purpose that would indirectly result in commercial gain by Yourself or by others;
2. advertising or promotional materials such as brochures and flyers;
3. products for sale in print-on-demand stores (such as cafepress, deviantArt, Zazzle, etc.);
4. products for sale in online resale and auction stores such as ebay or etsy.
3. You may NOT use the Content to create web graphics, web designs or web templates to be utilized on the internet for any purpose whatsoever. This includes, but is not limited to MySpace Templates, Blogger Headers, Ebay Templates, deviantArt journal layouts, etc. without the purchase of a separate license for this specific purpose. Please email me for further details prior to beginning such a project.
4. Alteration of the Content with respect to color or size, or by adding to or removing from the Content does NOT grant You copyright to or ownership of the altered Content. Copyright to the Content is retained by Michelle Batton.
5. You may NOT use the Content to create derivative works which Michelle Batton considers obscene, defamatory, or immoral; or for any work which is prohibited by law.
6. You may NOT provide a copy of the Content, or any portions thereof, to anyone else or allow anyone else to gain access to the Content, or any portion thereof, except as permitted above. This includes, but is not limited to the following restrictions:
1. You may NOT sublicense, sell, assign, distribute, convey or transfer the Content or any of these rights to anyone else.
2. You may NOT use any of the Content in its original state or altered to create derivative works which are intended for re-distribution or re-use including but not limited to the creation of:
1. stock images or clip art;
2. brushes or tubes;
3. textures or overlays;
4. scrapbooking and other crafting supplies;
5. web/flash/blog template designs.
3. You may NOT display or store the Content in a manner that would allow any third party to download, extract or access the Content as a standalone file, whether online or not, including but not limited to:
1. template works;
2. software;
3. products that are intended for reproduction by third parties on electronic or printed products;
4. online formats which enable it to be downloaded or distributed via mobile phone devices;
5. posting the Content in file sharing forums or Yahoo Groups;
6. storing a copy on a non-secure server.
4. You may NOT use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
5. You may NOT remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials.

The Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. Neither, Michelle Batton, MellowButterfly.com nor funkyplaygrounddesigns.com shall not be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever including, but not limited to, those resulting from loss of use, or data.

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COMMERCIAL USE PRODUCTS TERMS OF USE

This license agreement is not effective unless accompanied by a valid receipt showing the purchase of the commercial use product to which this license applies.

This license agreement applies to all materials created by or authored by Michelle Batton including, but not limited to: graphical images, photographs, fonts, brushes, styles, free samples, and text ("Content").

Purchase and/or download of these files does NOT grant you copyright to the Content. It grants the original purchaser (“You”), a single-user, small business license to use the Content for LIMITED PROFESSIONAL USE ONLY under the following terms and conditions.

The following are the PERMITTED USES of the Content, subject to the restrictions stated herein:

1. You may use the Content to create digital products for sale to a third-party in order to make a profit.
1. In the case of templates, your finished product must be flattened to a single layer file (e.g. a finished layout or quick page provided to your client).
2. You may create an online or print portfolio with samples of completed client projects using the Content.
3. You may include samples of completed client projects using the Content in your advertising or promotional materials, such as brochures or flyers.
4. You may alter the Content with respect to color or size, or by adding to or removing from the Content in order to incorporate it into your digital product.
5. You may make one copy of the Content for Your backup purposes only. You must also copy all copyright/terms of use notices on this single back-up copy.
6. Credit to Michelle Batton in your finished product is appreciated, but not required.

The following are the RESTRICTIONS on the use of the Content:

1. You may NOT do anything with the Content that is not expressly permitted herein.
2. You may NOT create a product that would be in direct competition with Michelle Batton, including but not limited to derivative brushes, custom shapes, textures, styles, etc.
3. You may NOT use the Content to create another designer tool and/or commercial use resource.
4. You may NOT use the Content to create products that will be given away for free – including but not limited to freebies, samples and gifts.
5. You may NOT include more than 25% of commercially licensed designs by Michelle Batton in your derivative product.
6. You may NOT use the Content, in its original state or altered, for any commercial purposes not expressly permitted herein, including but not limited to:
1. any purpose that would result in commercial gain by a third-party;
2. creating products for sale on a national level or for mass production.
3. You may NOT use the Content to create web graphics, web designs or web templates to be utilized on the internet for any purpose whatsoever.
4. Alteration of the Content with respect to color or size, or by adding to or removing from the Content does NOT grant You copyright to or ownership of the altered Content. Copyright to the Content is retained by Michelle Batton.
5. You may NOT use the Content to create derivative works which Michelle Batton considers obscene, defamatory, or immoral; or for any work which is prohibited by law.
6. You may NOT provide a copy of the Content, or any portions thereof, to anyone else or allow anyone else to gain access to the Content, or any portion thereof, except as permitted above. This includes, but is not limited to the following restrictions:
1. You may NOT sublicense, sell, assign, distribute, convey or transfer the Content or any of these rights to anyone else.
2. You may NOT use any of the Content in its original state or altered to create derivative works which are intended for re-distribution or re-use including but not limited to the creation of:
1. stock images or clip art;
2. brushes or tubes;
3. textures or overlays;
4. web/flash/blog template designs.
3. You may NOT display or store the Content in a manner that would allow any third party to download, extract or access the Content as a standalone file, whether online or not, including but not limited to:
1. template works;
2. software;
3. products that are intended for reproduction by third parties on electronic or printed products;
4. online formats which enable it to be downloaded or distributed via mobile phone devices;
5. posting the Content in file sharing forums or Yahoo Groups;
6. storing a copy on a non-secure server.
4. You may NOT use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
5. You may NOT remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials.

The Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. Michelle Batton, mellowbutterfly.com, nor funkyplaygrounddesigns.com shall not be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever including, but not limited to, those resulting from loss of use, or data.