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April 10, 2010 - page content is abridged to show only the "Angel Policy" information.
Provo Craft Angel Policy
Provo Craft and Novelty, Inc. (Provo Craft) is pleased that individuals wish to create and sell personal craftwork items incorporating our products, designs and images. This Angel Policy provides limited permission for certain sales of such craftwork items, but not others. Please read this entire Angel Policy carefully to see how it applies to you and your proposed sale of craftwork items.
* Copyright Materials means products, designs and images that are subject to protection as works of authorship under U.S. or international copyright laws. Copyright materials may be owned by Provo Craft, or licensed as Third Party Rights to Provo Craft.
* Mass Production means any of these: (a) production in quantities of more than fifty (50) units of a given craftwork item within a thirty (30) day period, or more than 200 units per year of a given craftwork item; (b) production by more than one person in an assembly line fashion; (c) production by a person other than the individual who created the original craftwork item, or by a member of his or her family; or (d) production in a factory.
* Third Party Rights means trademarks, copyrights, and patents owned by third parties other than Provo Craft, made available to Provo Craft under license. Use of Third Party Rights by Provo Craft and its customers, including under this Angel Policy, may be subject to Third Party Rights Restrictions.
* Third Party Rights Restrictions means any use restrictions imposed by Provo Craft’s licensors of Third Party Rights, as set forth in the end user license agreements, instructions, user manuals or other documentation provided by Provo Craft with the applicable products that make use of such Third Party Rights.
Subject to the terms and conditions set forth below and to all applicable Third Party Rights Restrictions, Provo Craft hereby grants limited permission to private individuals to incorporate Copyright Material and Third Party Rights into personal craft items that may be offered and sold to others, but only in the quantities and in the manner expressly permitted in this Angel Policy. However, Disney, Sesame Street, Hello Kitty, and Nickelodeon characters and images MAY NOT be reproduced and sold. Any person who uses Copyright Material or Third Party Rights pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions.
Terms and Conditions
Use of this Site
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
2. Any craftwork item to be sold under this Angel Policy must either not incorporate Third Party Rights, or if it does, the sale must comply with all applicable Third Party Rights Restrictions.
3. A person may sell or distribute personal craftwork items at local community fundraisers, seasonal boutiques or bazaars, or other temporary craft events. Personal craftwork items incorporating Copyrighted Material or Third Party Rights cannot be offered or sold at a fixed retail location such as a store or mall kiosk, offered or sold in a store on consignment, offered or sold to other parties for subsequent resale, or offered or sold via the Internet.
4. Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited.
5. Except as provided in Section 7 below, no person may use, and this Angel Policy does not permit use of the Provo Craft name or trademark or any other trademarks, trade names, trade dress or logos of Provo Craft. Neither the Provo Craft name or trademark nor any other trademarks, trade names, trade dress or logos of Provo Craft may be used at any location where personal craftwork items are sold, nor may they be used in any manner to advertise or promote such items nor in a manner that states, suggests or implies an endorsement or sponsorship by, or affiliation with Provo Craft.
6. Use of Copyright Material or Third Party Rights for the purpose of creating logos, trademarks, trade names, trade dress, labels, tags or packaging (e.g., company trademarks, product trademarks, product packaging, etc.) is strictly prohibited.
7. Wherever possible, each craftwork item that incorporates any Copyright Material must be conspicuously marked with the notice “Includes Copyright Material of Provo Craft and Novelty, Inc.” in a reasonable size and location on such items, or on tags or labels for such items.
8. Copyright Material may not be altered in any manner, including without limitation, masking or overlaying portions of a design or image, removing copyright notices, or the like. Any such alteration will be considered an infringement of copyright. Provo Craft expressly reserves all moral rights in its Copyrighted Material.
9. Provo Craft shall have the right to modify and/or terminate the limited permission granted in this Angel Policy for any reason and at any time, in its sole discretion. Provo Craft may post such modifications or terminations on this website, notify affected persons in writing, or both. Any modification or termination posted on this website shall be deemed effective and binding upon all parties five (5) business days after posting. Any modification or termination that is separately given in writing (including by email) to any person, shall be deemed effective and binding upon that person immediately upon receipt. Upon termination, all copying, sales, distribution, advertising and marketing of any of craft items incorporating Copyright Material shall immediately cease.
10. Persons offering or selling personal craftwork items pursuant to this Angel Policy are solely responsible for complying with any and all applicable federal, state and local laws and regulations.
11. Persons creating personal craftwork items pursuant to this Angel Policy assume all liability and responsibility for suitability of their craftwork items and for any claim or dispute arising as a result of the sale, offer for sale and/or distribution of their items and agree to indemnify and hold harmless Provo Craft and Novelty, Inc. and holders of any Third Party Rights from disputes arising from the sale, offering for sale and/or distribution of such items.
12. Provo Craft and Novelty, Inc. is a Utah corporation. The laws of the State of Utah govern this Angel Policy. The state and federal courts of Utah will have exclusive jurisdiction over any proceeding arising from this policy. Any person who makes and sells personal craft items under this Angel Policy expressly agrees to be subject to the exclusive personal jurisdiction of the courts of the State of Utah. Any failure by Provo Craft to enforce any of its rights or any Third Party Rights will not constitute a waiver of such rights.