www.daisiecompany.com

D.A.I.S.I.E. Company Terms of Use:

By using our site and / or downloading  our products, whether freebies or purchased kits, you agree to the terms of use.

All of our products can be used for Personal Use.

If you are a professional handcrafter, and wish to sell products made with our digital files, you will be required to follow our  Angel Policy for Hand Crafting which limits the number of items you can sell to 50 items per calendar year - per graphic, background, border, frame, word art, alphabet, etc.

Important Notice:  Our Angel Policy has never allowed, nor will it ever allow, our digital downloads to be used for commercial printing and products sold on sites such as Zazzle and Cafe Press.  This statement is part of the body of the Angel Policy written below.

If you wish to sell hand made items in excess of 50 items per year using the same artwork, design, background, frame, border, word art, etc., you can purchase items in our Commercial Use section of the website. Our Commercial Use Policy allows up to 3,000 items to be  handmade and sold per calendar year,  per image purchased. When you exceed that number, an additional purchase is required.

Angel Policy for Professional Handcrafters - The following conditions apply:

Limited Use of  50 (fifty) hand crafted items per year made with the clip art, backgrounds, frames, borders and printables sold as downloads from our site.

 No digital kits / CD’s or other digital files may be created with our kits and then re-packaged or re-sold as part or all of a new design in digital format.

You may not create products using our kits and then resell them as your own digital files.  This means that any item sold using our copyrighted artwork, downloads, digital kits, printables, clip art, graphics, backgrounds, frames, borders, and digital scrapbook kits  cannot be re-worked  or re-sold in any digital or electronic format.

By using our site, you agree to indemnify, defend, and hold harmless Gina Jane, Inc., www.daisiecompany.com, Gina Jane Studios, LLC, and its affiliates, licensed artists and their agencies, from and against any and all unfortunate events, damages, expenses, losses, including attorneys’ fees, related to or arising from any of your interactions with this site. This agreement to indemnify and hold harmless  Gina Jane, Inc., Gina Jane Studios, LLC, www.daisiecompany.com, its licensed artists, their agents,  and its affiliates includes but is not limited to use of any and all aspects of this site such as the use of our services, newsletter, message boards, galleries, shopping cart and payment processing services, newsletters, information, tips, inquiries, links, downloading, using, printing, displaying any of our products, etc.

 All products displayed and purchased at the www.daisiecompany.com website store are copyright protected and registered with the United States Copyright Office.

If you need assistance or have questions about our Terms of Use – please contact us at:  art.licensing@daisiecompany.com

By installing, using, printing and creating derivative works purchased online at daisiecompany.com (herein after referred to as Designs),

you agree that the Designs are the personal property, copyright the artist and or designers, and are licensed to you as an individual

user and are subject to the Angel Policy as outlined below:

When you purchase downloads and/or CD collections you are buying a limited
license to use our products according to our terms of use.  By installing, using,
printing and creating derivative works using our products, including royalty free music,
purchased online at daisiecompany.com (herein after referred to as Designs),
you agree that the Designs are the personal property, copyright the artist and
or designers, and are licensed to you as an individual user and are subject to
the Angel Policy as outlined below:

You have the right to perform the following actions:

1. You can copy and alter the Designs on your computer, or trace them onto a craft medium
such as tin, wood, paper, etc. for your own personal use.

2. You can print the artwork onto the following mediums using only your personal home printer.
No commercial printers or presses are allowed under this policy. Printable mediums sized to
fit your personal home computer printer such as paper, printable icing sheets, iron-on sheets,
magnetic sheets, window clings, transparencies and other printable mediums sized to fit and designed
for use in a personal home computer printer for your own personal use.

3. You can make one back-up copy of the Designs on CD or other memory device.

4. You can follow the Professional Hand Crafter’s Angel Policy to create and sell up to 50 items per years using our designs as outlined herein:

A.     All Personal Computer Crafts, Scrapbooking Lay Outs, and handmade
items made using the designs must acknowledge the ARTIST and/ or DESIGNERS as
the artist/owner by including: Images © ARTIST’S FULL NAME on the item you created.
To type the copyright symbol do the following:While holding down
the ALT key as you type in the numbers using the number key pad only type 0169.
This will produce the copyright symbol: ©.
Displaying the finished item you have created on a
web site or online gallery requires that you acknowledge
the artist’s and designer’s name(s). If multiple artist’s
works are used for the product, you are required to list
them all and state that the artwork is available at
http://www.daisiecompany.com


B.You must create your own photo samples of your
completed craft item. Using Daisie Company product
shots is strictly forbidden and is a violation of our
trademarks and copyrights.


C.You may create and sell completed tangible paper crafts and scrapbook pages as completed albums using the Designs in any product category except digital products,
downloaded products, or CD or other memory device products. You may not
resell our digital downloadable products in the original format, or create derivative works from our files and then sell those files.

D.Your handmade crafts can be sold at craft fairs,
and other venues, including online web sites, as long as
you do not sell more than * fifty (50) hand made  products
using the same image or design during the period of one
calendar year. You must provide artist copyright information in your website

descriptions  along with a link to the artist's catalog at www.daisiecompany.com

At no time are you allowed to make and sell items through commercial sites such as: Zazzle, Café Press, and Ebay.

Online Sales:

You must sell from your own little website, created independent of commercial  printing and auction sites. Such as Etsy and Ebay.  These auction sites do not allow links back to our site and our artist’s catalog. 


E. At no time are you allowed to sell craft kits, or individual images
printed on a page to be cut out and assembled by your customers.
Examples of items you may not sell under our policy include but are not limited to: sticker sheets, wall decals,  a magnetic sheet, window or transparent clings, iron-on sheets, frosting sheets, decoupage sheets, scrapbook pages, or lay outs,  etc.
Your items must be completed by your own hands and sold as completed item.
A craft kit is not a completed craft item.
The only exception to selling an item printed out on a sheet,
and simply cut out, is a candy wrapper or a popcorn wrapper.
You may make and sell candy wrappers and popcorn wrappers as long as they
are printed on your home printer, cut out by your own hands on a paper cutter in your own home.
You must adhere to the 50 uses per graphic per year.

Exceptions:  Candy Bar wrappers may be made and sold for special events such as Wedding Favors, Party Favors, and Baby Announcement gifts.  Our policy allows you to make and sell up to 400 candy bar wrappers using the same design per calendar year.  If you need commercial use licensing beyond our Angel Policy, you may contact us and we will make arrangement for you to request a license with our artists and / or their agents.

One use of an image is considered to be
the use of a graphic, even if another graphic is added to it. Derivative works (the combining
of other images to make a new design is still considered one use of the same image.


F. No digital format items may be created and sold, given away,
or distributed by you in digital format. This means no downloadable
products. No products sold on a CD or other memory device.
No digital swaps are allowed.


G. Examples of products you are allowed to create by your own hands
and sell or give as gifts: Scrapbooking: complete paper layouts combined into a book or album (not kits), complete paper albums to be sold in a scrapbook album.  You may not simply print layout s and sell them as a collection of page layouts.  Your scrapbook pages must be sold in a bound photo allbum.  This can be a paper bag album, or album with a chip board cover, etc. The pages must be bound together and sold as a completed album

Greeting Cards: completed cards (not kits).

Printable Crafts: All items must be completed paper items which are printed,
cut and assembled by your own hands.

No digital printables may be created and sold,
given away, or distributed by you in digital format.
Novelty Items: altered paint cans, custom candy wrappers, lamp shades, glass blocks,
mouse pads, totes, stationery sets, book marks, bulletin board sets, t-shirts,
quilt squares, jar labels, recipe cards, decoupage wood items, indoor/outdoor signs,
hand-painted outdoor yard displays (Christmas), gift bags, gift boxes.


H. Expanded Angel Policy for Professional Hand Crafters:
Special requests and permission can be obtained for items in excess of 50 (fifty)
uses of an image for all types of crafts, other than the candy bar wrappers which can be cut out and sold for the purpose of a Wedding, Baby Shower, Birthday or other Life Event, such use is not to exceed 400 (four hundred) per calendar year. The request must be made in writing, by email to
art.licensing@daisiecompany.com, or by letter sent via postal service to:

Gina Jane, Inc.

308 West Main Street

Lehi, UT 84043

Each artist has the right to negotiate Expanded Angel Policy License Agreements
and name their terms and price. Expanded Angel Policy Licenses must be negotiated
in writing and signed by both the artist and the professional crafter seeking the
expanded license agreement. Permission must be obtained in writing from
Gina Jane, Inc.,  prior to creating and selling the items for your event.
Contact us about our angel policy here: art.licensing@daisiecompany.com

5. You may be allowed to use clip art or printable craft products, or digital scrapbooking products
 in your personal web site or blog, however you must obtain  written express permission to use the product from
 the artist whose designs you  wish to use. Please email art.licensing@daisiecompany.com   to obtain permission.


6. You can create no more than (ten) 10 digital sig tags using the same images.  
You may make low resolution, (no higher  than 72 dpi quality), personalized sig tags. 
This means that the sig tag bears the name of the person you have designed it  for.
It must also include the name of the artist whose images are used in the  sig tag. 
You may not sell any digital or  downloadable item using images by our artists, or 
created by yourself using images purchased at  daisiecompany.com.

7. You can seek and  may be able to obtain a Commercial Use License.
If you seek licensing, you can reach the appropriate artist  and/or
their agent through our legal department by emailing  art.licensing@daisiecompany.com

 
We do not  license or represent the artist whose artwork is displayed or sold at 
daisiecompany.com. We will refer your inquiry to the appropriate artist or 
their representatives.
 

9. You can  create a digital file such as a digital scrapbook layout and display it in an online

Photo gallery.

 
You must display the following information in  your online gallery, message board, web site,
and any other submissions or  online store including eBay:  Display the  artist or
artist’s names. Provide artist contact information such as their  website address.
You must give credit for the images by referring to the  Designs as follows:  
Images © Artist’s Full Name.  All layouts posted in online galleries can be no larger than
72 dpi with a maximum image size of 600 by 600 pixels.


You do NOT have the right to perform the following actions:

1. You can not post Individual images online without obtaining written express permission
from the appropriate artist for each image or collection of images. If written permission is granted,
all images must be right-click-save protected, and the artists’ names as well as the location where
the artwork was purchased must be displayed on your website.  * Sites that are not allowed include:

Ebay, Etsy, Cafe Press and Zazzle.

2. You can not Display our Product Shots and Photos
of finished items on your website  or ecommerce store,
or any venue whether it be an online or physical location.

3. You can not sell unfinished craft projects and kits.  This includes items simply printed on a sheet. Selling printed sheets of our items on any medium – such as paper, magnetic sheets, sticker paper, card stock, frosting sheets, t-shirt iron ons – is not allowed under our policy.

Examples:

1-   Lay Outs --- You may make and sell scrapbook layouts as long as they are printed from your home printer, assembled by your own hands, and are bound inside an Album which has a distinct cover, such as a Paper Bag Album, Purchased Vinyl or Cloth Bound Album.  Simply designing a layout and printing it is not considered a finished craft project.

2-   Window Clings, Magnets, Stickers, Frosting Sheets ---  You may make and sell these types of items as long as they are part of a complete project.  For example -  A frosting sheet must be sold in its final stage- as part of a cake, cookie or confection. It may not be made and sold as a sheet where your customers must cut it out themselves and place it on their cakes/cookies/confections.  Window Clings, Stickers and Magnets must be cut out and sold in a container -  or sold as a decorative item where you place the clings on windows as part of your customers’ Holiday Décor, or you place the stickers on the walls of their home or business,  as part of an interior decorating – faux painting – interior design  job for your customer.  Magnets must be cut out and sold in a container of some kind. 

3-  Greeting Cards, Recipe Cards, Stationary and Tags -  You make and sell these items as long as they are cut out, folded, and fully assembled. Tags must also be cut out and ready to be used by the customers.

4-  T-Shirt Iron  On Transfers --- You may make and sell t-shirts with the graphics ironed on to the shirt.  It is not okay to sell the iron-on sheet with our graphics printed on them. 

4. You can not use the Designs in *commercial production, distribution, sell from certain websites or include the graphics in any kind of commercial – wholesale type of product.
This includes using our artwork in any form
for sales of items in connection with any commercial printing and distribution site,
either ecommerce or brick and mortar or wholesale location.
Examples of commercial printing and commercial distribution that are not allowed:


Ebay
Zazzle
Café Press

*These sites either create and distribute the products  commercially for the customer, and /or they do not allow
the links to our Artist's Catalog or links to D.A.I.S.I.E. Company. 


*Commercial license agreements may be available for those who desire to sell
more than 50 (fifty) products of the same design per year. Please contact us:    artlicensing@daisiecompany.com.


*Mass production or commercial production consists of  making more than 50 products using the same image,
with or without the assistance of machinery, multiple personnel, such as assembly line production. 

Mass production of any product using our images is strictly forbidden.




5. You can not make more than one back-up copy on CD or other memory device.


6. You can not distribute our printable craft projects, also known as printables,
(Printable) products either fully or in part as a component of,
or background for email stationary (Incredimail or any other).

7. You can not share, loan, resell, rent or distribute the Designs as a set or individually.
This includes creating brushes and tubes.

·      File sharing is illegal and violators will be prosecuted.
File sharing with within groups is illegal. Violators will be reported to the FBI Internet Fraud Database.  
* File sharing is not the same as making a handmade tangible craft item  and giving it as a gift to a
single friend or family member.

Trademarks
All trademarks, service marks and trade names of Gina Jane, Inc. used in the site are trademarks or registered trademarks of Gina Jane, Inc.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gina Jane, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gina Jane, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Gina Jane, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Gina Jane, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gina Jane, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Gina Jane, Inc. product is mistakenly listed at an incorrect price, Gina Jane, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gina Jane, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gina Jane, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Gina Jane, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Gina Jane, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Gina Jane, Inc..


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Gina Jane, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Gina Jane, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Gina Jane, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Gina Jane, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Gina Jane, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.=