| Creative Drawer
Terms of Use (ToU)
1) By downloading, purchasing, or using
any of our Products (actions, brushes, elements, frames overlays, papers,
quick pages, textures etc.) you are agreeing to this non-transferable,
limited use license:
2) Personal Use Products:
a) Products marked “PU” or “Personal Use”: You
may use our personal use Products to enhance or supplement (Purpose)
any of your work (Art) for personal use—you may not sell the en-hanced
Work. You may not sell or enable the sale of any Personal Use product
either in its origi-nal form or in any altered or enhanced form or use.
b) All of our free Products are for personal use only. Those products
are marked accordingly on the website.
3) Commercial Use Products:
a) Products marked “CU” or “Commercial Use”:
You may use our Commercial Use Products to enhance or supplement (Purpose)
any of your art work (Art) for personal or commercial use with the following
limitations and understandings:
b) You may only use our Commercial Use Products* for what is commonly
called Commercial Use for Personal Use, CU4PU: You may use our Commercial
Use Products to enhance or sup-plement (Purpose) any of your art work
(Art) for personal or commercial; however, the Art that contains any
of our Products, in part or in whole, may not be commercially Redistributed.
That is: No “CU” or “Commercial Use” Product
is licensed for what is commonly called “CU4CU” or “Commercial
Use for Commercial Use”: This license does not grant your customer
the right to resell any Work that contains any part of any of our Products.
c) Some Products such as Photoshop brushes or actions are for Free Commercial
Use:* these are purchased Products that may be used for personal or
commercial use where your customer may resell your Art.
4) Distribution and Sale:
a) You may not distribute, give, sell, or enable the distribution, giving
or selling (collectively: Redis-tribution) of any of our Products, singly
or in collections, in any form—other than as part of the Art for
the Purpose intended—to any person, institution, company, or online
group by any means.
b) When you distribute, give or sell Art that contains any of our Products:
it must be in a flat-tened, non-transparent, single layer file format,
or it must be printed.
5) Usage:
a) Our Products are to be used to enhance or supplement (Purpose) any
of your work (Art); our products are not to be the primary elements
of your Work. The customary usage is 30% on any single work
6) Alterations to Products:
a) You may alter our Products to enhance or supplement your Art; however:
b) You may not do anything to our Products that has the effect of circumventing
the intent, or Purpose of this nontransferable, limited use license,
including, but not limited to: you may not alter, modify, convert, or
embed our Products for Redistribution in any way or manner.
c) You may not make alterations to our Products that diminish the artistic
integrity of the Product.
6) Attributions:
a) For digital publication, such as online galleries slideshows, etc.
credit or link back to: www.creativedrawer.com.
b) For print publication, such as photobooks, invitations, etc. credit:
www.creativedrawer.com.
c) When you distribute, give, or sell Art with any of our Products incorporated
in it, if your Art includes a Terms of Use or Readme file, you must
credit www.creativedrawer.com in your Terms of Use or Readme file.
7) Copyright:
a) Our Products are copyrighted: © Creative Drawer (© CD),
or © Lissalei, or © Walton Men-delson as noted on the Product
descriptions, Readme file, or website pages. All rights reserved under
International and Pan-American Copyright Conventions. All Products remain
the property of Creative Drawer, Lissalei, aka Lina Conn, or Walton
Mendelson respectively.
b) Altering our Products does not permit you to claim copyright, or
Redistribute them.
c) No Product is in public domain.
8) Third-party work:
Where other artist’s work has been used in a part of a Product:
a) We have complied with the specific ToU.
b) Credits will be listed in the appropriate Terms of Use or Readme
file .
b) If such work has restricted use those restrictions will apply.
c) The ToU’s that came with the work and showing the permitted
uses are linked on www.creativedrawer.com or included with the Product.
9) Breach of ToU:
a) Any breach of these terms is a breach of the limited use nontransferable
license, which is thereby revoked.
b) If you breach these terms, at a minimum, you must immediately cease
and desist using, dis-tributing, selling, giving or enabling the use,
distribution, sale or giving of our Products in any form or manner.
Creative Drawer may at its discretion: publish the names of anyone who
has breached our Terms of Use, or take legal action.
c) Failure of Creative Drawer to give notice to an offending party is
not, nor can it be, construed as approval, assent, or permission to
any breach or infringement.
d) Any apparent failure by the appropriate copyright holder to protect
copyright interest does not signify that the Product is in public domain.
10) Our Products may not be used in
any manner that is illegal or immoral.
11) The ToU for other Products may
be different; but the ToU for each product is posted on the website
and included with each product. Please read them carefully before purchasing
or downloading our Products.
12) We want you to be able to use our
Products with as little restrictions as possible. If you do not see
your particular use listed here or have any questions, please contact
us at
staff@creativedrawer.com. Some uses, not delineated herein, may be subject
to a fee.
Thank you for purchasing our products,
we hope you have many enjoyable hours designing your work.
* Although “commercial use” has a customary
meaning, the distinctions between CU4PU and CU4CU, etc. are ones common
to scrapbooking. These distinctions do not exist for most other products
intended for commercial use. In order to permit a more general and customary
commer-cial use for other products sold by Creative Drawer, we use the
phrase “free commercial use” to permit the resale of your
work by your customer.
Rev: January 16, 2010
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