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http://www.pccrafter.com/support/policy_copyright.aspx?AspxAutoDetectCookieSupport=1
July 30, 2008 - content has not been altered. It has been reformatted. Links have been removed.

pcCrafter Copyright Policy

HugWare Copyright Policy

Your HugWare purchase includes a limited use license for one (1) person, which gives you legal permission to use copyrighted intellectual property (HugWare Graphic) 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 set of HugWare graphics must be obtained as a download or on CD. This can be done by purchasing a legal download of graphics from www.pccrafter.com. The only place you can purchase a legal license for downloaded graphics is through www.pccrafter.com. You may also obtain a license through the purchase of an unopened legal HugWare CD from www.pccrafter.com, or a reputable retailer. You cannot obtain a legal license any other way. We keep a record of all purchases so we can track copyright violations.

Installing the downloadable graphics or opening the HugWare CD indicates your acceptance to abide by the terms of this agreement. If you do not agree with these terms, please return the unopened CD or do not install the downloaded file and return it to www.pccrafter.com for a refund. Once the CD is opened or downloaded files installed, a refund cannot be given.

Artwork

The designs and/or fonts contained in HugWare are licensed and protected by international copyright laws. These designs are copyrighted by the artist and licensed to pcCrafter and/or Provo Craft for clipart use. The use of these graphics for anything, besides what is allowed, by this limited licensing agreement requires a separate agreement.

Use in Advertising, Newsletters, & Magazines

Enhancing advertising and newsletters is allowed with our graphics. A legal license for the graphics used is required along with notification of intent to use our graphics as decorative illustrations in any magazines before it is published, including a proof of the ad before it is released. Credit to PC HugWare with a legible reference to www.pccrafter.com <../> must be given. Presenting these graphics as a pattern in a magazine, newsletter, or advertisement is strictly forbidden without written consent.

Personal Use

This limited license allows you to use the graphics to create items for your personal use. You can also use the graphics to create handmade items to give to others or to sell within the restrictions of this agreement. (See the digital crafting area for information on digital gifts).

Professional Crafting

Product use for resale purposes/product enhancement: The copyright allows for these graphics to be used on 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 be able to use these designs to make hand-finished products for resale. The limited reproduction of these images for non-profit, non-commercial use is also allowed (e.g. a church function). Handcrafted items do not include things such as graphics placed on a page and printed off to be shared or sold. Handcrafted items need to be actual items you have created.

Before creating items for resale, you must have a legal license for any graphics you use. You, as the crafter must personally create the item that will be for sale. You must also personally sell the item to the public. Items created with HugWare cannot be sold through any commercial means. You can create up to 200 items for resale in a calendar year with any one image. These 200 items cannot be produced through commercial mechanical means.

The use of the images to be sold with a product such as a tag or header, or to enhance a product with the design such as part of a small stitched pattern on a doll’s dress or any other enhancement to the product, or to design a product such as an actual wood piece, on a regional or national level or for any mass production requires a licensing agreement with pcCrafter and/or Provo Craft, and the artist

Licensing Agreement

If you are interested in obtaining a licensing agreement beyond this limited licensing agreement, you will need to apply for one. Each artist has a different policy and fee structure. This fee will be negotiated if your application for an agreement is approved.

To register for a licensing agreement, please submit a written proposal containing the following:

  1. Specific use of the intended images in writing
  2. An example of the intended use (attach a photo to your email)
  3. The print/production run of the product in question to: copyright@pcCrafter.com
The licensing of an image in no way guarantees rights to its exclusivity. Exclusive rights to any images must be worked out with pcCrafter and/or Provo Craft and the artist.

Digital Crafting

This is a fun and growing segment of the craft industry, which has its own set of rules. HugWare 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

  1. Anyone creating a SigTag with HugWare must first own a legal license for any graphics they use. (You cannot use tubed HugWare graphics you “snagged” or someone gave you).
  2. All Sigtags must clearly display "www.pccrafter.com © (Artists name)". It must be fully legible and must cover part of the HugWare graphics with this URL. For example www.pccrafter.com © Carolee Jones. When using artwork from more than one HugWare artists in a SigTag only the www.pccrafter.com is required.
  3. All Sigtags must be in their final compiled format.
  4. No Sigtag can be larger than 72 dpi.
  5. You cannot copyright a SigTag that has HugWare graphics in it. You can put your personal watermark or “tagged by” on the tag to credit your work.
  6. You cannot use any non-HugWare artwork in conjunction with HugWare clipart on the same SigTag. You may add embellishments or effects you create yourself.
  7. Any SigTag you create for another person must be personalized with their name.
  8. No blank or generic Sigtags are allowed to be shared. Tag offers are not allowed either.
  9. SigTags created with HugWare cannot be posted to a website or server for open downloading, nor can they be shared on a mass basis.
  10. SigTags with HugWare 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.
  11. Any online group that has members who use HugWare in their SigTags must inform their members there is a TOU policy in place for HugWare and provide the following link to the policy. http://www.pccrafter.com/service/policy_copyright.aspx All illegal activity must be reported to keep groups from being shut down. You can notify us at copyright@pccrafter.com. All information will be held confidential as we take legal action against those who violate our copyrights.
  12. pcCrafter reserves the right to use any Sigtag created with HugWare for promotional purposes, whether printed or online.
  13. Finished tags are for personal use in emails and message board postings.
HugWare cannot be shared in any digital format except as provided for in this limited license agreement, as noted above.

Digital Distribution

Purchasers of HugWare graphics 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 a clipart collection or as tutorial supplies or any other digital compilation.

HugWare graphics cannot be distributed in any digital form as an individual graphic or as a set. You cannot tube or alter a HugWare graphic in any way and then share (distribute) to anyone 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 or email.

HugWare graphics can never be sold in any digital format whether as an individual graphic or as an entire set.

Online use

Internet/World Wide Web Usage: The personal use of our images on web sites is allowed provided the images are not “downloadable” or “printable” in any fashion. The images should be used as enhancements or decorative embellishments for your site. On each page that has HugWare, credit must be given to pcHugWare with a link to www.pccrafter.com. 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. The legal purchase of the CD or download is required along with written notification of intent to use our clipart images for your web site. Please include your e-mail address and web address, along with the links to any pages that will have HugWare included with this notification. Send notification to copyright@pccrafter.com

Technical Support: We do offer technical support for our clipart. We suggest you read your manual and play around with your creating program before calling. Almost all problems are program related. The manufacturer of your specific program can answer your questions more efficiently than we can. However, if all else fails, please call us at (801)221-8875 or contact us via the web.

If you are in doubt or have questions whether your intended use could possibly violate our copyright policy please contact pcCrafter at copyright@pccrafter.com or (801)221-8875.

pcCrafter, Inc., 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 can be viewed on the pcCrafter Website. The most current version of the Terms of Use will supersede all previous versions.

Terms of Use Q&A
(Check back often as the Q&A area will be updated as more questions come in).

Can I share a license with someone else?

No, you cannot share a license. This license is a limited use license for an individual. This license cannot be sold or transferred. If you allow another person to download from your license or give them clipart covered by your license, your license will be revoked.

Can I use HugWare images that others have tubed and shared on the internet?

No, you must have a legal license for each image before you possess or use it. It is a misconception that anything found on the internet is free. All HugWare images are protected by copyright laws. We will aggressively prosecute anyone who violates our copyright policy.

The best way to stay out of trouble is to never use a piece of clipart unless you know that you own a legal license.

Can I tube images for my own personal use?

Yes, you can tube the images for your personal use. You can never share a tubed image with anyone. You cannot sell a tubed image. There are those that feel that if they tube an image, they created it. They did not and the original creator retains all copyrights. You cannot claim it as your work.

Can I create templates for Incredimail, FlipAlbum or other programs and give or sell them to others?

No you cannot, this is considered digital distribution. Templates or other layouts cannot be created and given or sold to other people.

Can I create hand-finished crafts and sell them?

Yes, you can within the guidelines of this agreement. For example, you could design, with HugWare, a t-shirt for resale. To sell it within our policy, you would have to personally design it, then print it and iron it onto each shirt up to the 200 limit. You would then be able to sell it directly to the public. You cannot design the shirt, then take it to a screen printer, and have them professionally print it.

Why is it in my best interest as a license holder to report violations?

We want to keep the cost of HugWare very reasonable and not raise prices more than we have to. This is very hard to do when theft is out of control. The cost to fight theft is very high and it is the honest people that are adversely affected. By notifying us of any violations that you see, our costs to fight theft will be lessened and there will be less reason to raise our prices. By reporting violations, you will also be protecting the artists that create this great art.

Can I purchase an all-inclusive license?

No, each art set comes with its own license. Each time you legally purchase one of our art sets, you are given a limited license for that set. We keep records for each set that you purchase that is tied to your customer ID. That way we know exactly what you have a license for as we track down violations. Your purchased sets will be available in your past downloads.

Can I purchase a sublicense from a friend or from a group that I join?

No, the only way that you can get a legal license for HugWare is when you purchase a download directly from www.pccrafter.com or when you purchase a legal unopened HugWare CD from a reputable retail outlet or us. The HugWare limited licenses are for individual use only. Any group that offers HugWare for a fee or for free when you join is in violation of the copyright policy.

What do I do with tags I have already created?

We understand that you have put many hours into your creations. You will be able to continue using those as long as they comply with the current TOU. This includes making sure that the proper identification is on the tag and that you own a legal license for any images that you use.

Can I create a craft template such as a card or a gift box and post that so people can download it and use it?

No, you cannot create templates of any kind with HugWare and then share or sell them. You can post pictures of your final craft that you created from the template so that people can see what you created. You can also post the blank template for download, but you can never post the completed template with HugWare in it.

Copyright ©2007 pcCrafter, Inc. All rights reserved.

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