Tumble Fish Studio/Marsha Jorgensen Terms of Use
(yes, this is a lot to read but it's for your protection and mine)
★ Regarding any artwork, tangible shipped items, or other art items that are made, sold, and shipped by me: You may not reuse any part of these items in any way or redistribute these items in any format whatsoever. I retain the copyright to my own creations.
★ For Etsy printable collage sheets/digital download items: please read the Terms of Use below carefully. All of my printable collage sheets and digital download items in Etsy are classified into 2 categories: "Limited Commercial Use" or "Personal Use Only". Please read the Terms of Use that apply to the product you are purchasing. Each item’s listing will indicate which set of Terms applies to that item.
(yes, this is a lot to read but it's for your protection and mine)
★ Regarding any artwork, tangible shipped items, or other art items that are made, sold, and shipped by me: You may not reuse any part of these items in any way or redistribute these items in any format whatsoever. I retain the copyright to my own creations.
★ For Etsy printable collage sheets/digital download items: please read the Terms of Use below carefully. All of my printable collage sheets and digital download items in Etsy are classified into 2 categories: "Limited Commercial Use" or "Personal Use Only". Please read the Terms of Use that apply to the product you are purchasing. Each item’s listing will indicate which set of Terms applies to that item.
★ For MischiefCircus.com purchases (applicable to purchases made up to and including my retirement):please follow ALL of the Permitted and Prohibited Use guidelines below.
The following is a legal agreement between you (“the client”) and Marsha Jorgensen/Tumble Fish Studio. By downloading any digital files created by Marsha Jorgensen/Tumble Fish Studio, you agree to be bound by these Terms of Use. It is the client’s responsibility to ensure they are using the most current Terms of Use.
Marsha Jorgensen/Tumble Fish Studio grants you a single-user, non-exclusive, non-transferable right to use the elements, images, graphics, text, fonts and kits sold in the Tumble Fish Studio digital kit or set or jpg collage sheets that you purchase and download in the following ways:
★ PERMITTED uses for my Etsy “LIMITED COMMERCIAL USE” collage sheet listings AND MischiefCircus.com digital kit listings:
· You may use the images in your own personal tangible art and craft items. The images are NOT for use in digital products of any kind.
· You may use the images in tangible one-of-a-kind artworks and craft items (like coasters and jewelry) for sale on a small home-based business scale within these Terms of Use. PLEASE READ THE PROHIBITED USES SECTION (further down the page) CAREFULLY.
· You may use the images in items/prints made by you in a small quantity and printed non-commercially by you. (NO commercial printing is permitted. You cannot have Staples or any other printing business print out these images or collage sheets or any product you make using these images.) No more than 30 copies of any particular work using TFS images is allowed.
· You may sell tangible items you create by hand in your own Etsy shop and at craft or art fairs. Please give credit, when possible, to Tumble Fish Studio for the images you use to create your items for sale that are listed online.
· You may sell tangible items you create by hand in your own Etsy shop or other online shop OWNED BY YOU. You may NOT sell items you make in any store, online or "brick and mortar", that is not owned by you.
★ PERMITTED uses for my Etsy “PERSONAL USE ONLY” collage sheet listings:
· These items are for your use only. They are not for resale or most commercial uses. PLEASE READ THE PROHIBITED USES SECTION (further down the page) CAREFULLY. And please contact me if you need more clarification.
· You may NOT resell these designs or images as any kind of supply to someone else. They are for your use only. But you MAY use these designs to package other items you sell. Please keep reading.
· Here are some examples of permitted and prohibited uses:
. . . . You can print and construct a gift box from one of my collage sheets to make favors for your own party. You may NOT make the gift box and sell it as a supply for someone else to use in a party.
. . . . You can print and construct a gift box from one of my collage sheets to package an item you made (jewelry, baked goods, soaps, etc.) and wish to sell. You may NOT sell the gift box for someone else to use in these ways.
. . . . You can print and construct an envelope from one of my collage sheets for your own mailing purposes. You may NOT make the envelope and sell it for someone else to use.
. . . . You can print a note card from one of my collage sheets for your own correspondence. You may NOT sell the card for someone else to use.
. . . . You can print a note card from one of my collage sheets and make a backing to hold jewelry you are selling. You may NOT sell the card to someone else to use to hold jewelry they sell.
. . . . You can print and use a tag from one of my collage sheets to price your own items for sale at an art or craft fair. You cannot sell the tags to someone else to use as their supply.
. . . . You can print and construct a cupcake wrapper from one of my collage sheets to wrap a cupcake you are selling. You may NOT sell the cupcake wrappers to someone else as a supply for them to use with their cupcakes.
★PROHIBITED uses for ALL of my Etsy collage sheet listings AND MischiefCircus.com digital kit listings:
· You may NOT sell, loan, share, or give away any images from Marsha Jorgensen/Tumble Fish Studio "as they are" or by themselves even if altered. These images are for YOUR USE ONLY and your purchase does NOT transfer copyright.
· You may NOT post or exhibit these images you purchased or the previews included in the listing or in your download files anywhere online or in publication. *If you want to show the items you made using these images you may photograph the item you made using the images, but not the images themselves or the previews.*
· You may NOT display the images of the items you made using these images on any web application or digital format at a resolution greater than 1000 x 1000 pixels at 72 dpi. 600 x600 pixels at 72 dpi is preferred and will eventually become the maximum allowed.
· You may NOT sell the images or use the images in any digital download sales. NO DIGITAL OR INSTANT DOWNLOAD SALES OF ANY KIND ARE PERMITTED using these images.
· You may NOT have fabric made using my images or make fabric using my images except for inkjet printable sheets you print yourself on your own printer and plan to use yourself in a finished project. You may NOT sell fabric sheets of any kind using my images to anyone else.
· You may NOT use any of these images or any part of these images in: your own collage sheets (printed, paper or digital), scrapbooking kits, digital kits, digital supplies, image kits, craft kits, DIY kits, image collections, DVDs, CDs, or as a supply of any kind for workshops or classes, or as a supply item of any kind to anyone else in any way whether for free or for sale. These images are for YOUR USE ONLY. They may not be transferred to anyone else for any reason.
· You may NOT share/redistribute the images on any internet or online site of any kind.
· You may NOT alter the images and claim them as your own.
· You may NOT use the images for commercial web design, blog design, graphic design, illustration, or advertising.
· You may NOT use the images in any commercial or contracted work of any kind.
· You may NOT use the images in a way or in any artwork that is licensed out or contracted with a 3rd party or company.
· You may NOT use the images in any work or in any way that is not distributed by you. (Remember, as stated above, you CAN sell craft and art items YOU create by hand in your Etsy store and at craft and art fairs.) You may NOT sell in stores that do not belong to you whether online or "brick and mortar".
· You may NOT use the images in any Print on Demand sites such as Café Press or Zazzle or Red Bubble or Society6 or FineArtAmerica or any other. Marsha Jorgensen retains the rights to her images to sell in these places herself and does not allow her images to be used in works by others for sale in these venues for her protection as well as her clients’.
· You may NOT use the images in any way that is commercially printed or distributed.
· You may NOT use the images to create a logo or trademark.
· You may NOT display the images in any way that gives the impression the images were created by you or anyone else other than Marsha Jorgensen/Tumble Fish Studio.
· You may NOT use the images to create obscene, defamatory, or immoral works, or for any other purpose which is prohibited by law.
★ Limited Liability
Marsha Jorgensen/Tumble Fish Studio shall not be held liable for any damages resulting from the use of the images from this purchase.
★ These Terms of Use are included and required to protect the interest of both the client and Marsha Jorgensen/Tumble Fish Studio. While every attempt is made by Marsha Jorgensen/Tumble Fish Studio to ensure the images she creates and sells originated from copyright clear materials and are legal to use, the client assumes their own risk in using the images and will not hold Marsha Jorgensen/Tumble Fish Studio liable for any damages incurred from using the images should an error have been made.
★ All digital images available through Marsha Jorgensen/Tumble Fish Studio are protected by United States and international copyright laws.
★ Marsha Jorgensen/Tumble Fish Studio retains and reserves the right to modify, update, and change the Terms of Use for all digital designs, images, and kits at any time with or without notice. It is the client’s responsibility to ensure they are using the most current Terms of Use.
★ All copyrights to elements, images, graphics, text, fonts, and kits sold on the world wide web by Marsha Jorgensen/Tumble Fish Studio are retained by Marsha Jorgensen and all rights are reserved.
★ Please contact Marsha Jorgensen/Tumble Fish Studio with any questions, permission requests, or concerns: marsha@tumblefishstudio.com
