Site Use Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms
and conditions and other applicable law. If you do not agree to these terms and conditions,
please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Gina Jane, Inc.. The collective work includes works that are licensed to Gina Jane, Inc.. Copyright 2003, Gina Jane, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gina Jane, Inc. or purchasing Gina Jane, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gina Jane, Inc. or to purchase Gina Jane, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Gina Jane, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Angel Policy for Hand Crafting Only.  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 products can be included in a derivative work and then resold 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.


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, or create digital, downloadable
    products with our products in anyway, for any use--not personal use,
    and not for sale.



    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. If you are an eBay seller, you must provide artist copyright information in your auction 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 printing services and websites, including but not limited to:   Zazzle and Cafe Press.


    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 consider 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. 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
    angelpolicy@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:
    angelpolicy@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
    angelpolicy@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 artlicensing@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 display your own personal Lay Out if you are using your own photos in the scrapbook layout, and Craft Creations,
    Signature Tags in online
    galleries, message boards, magazines, and personal web pages.
    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, including eBay.

    2. You can not Display our Product Shots and Photos
    of finished items on your website or eBay 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.

    Examples of finished products using items printed on a sheet include these types of printable mediums are as follows:
    frosting sheets cut out and used to decorate cookies - and you are selling the decorated cookies, cakes and confections,
    where you are cutting out the frosting sheets, decorating the cake or confectionn and selling the finished cake or confection.
    You may sell window clings as part of a gift set, but each images must be cut out and enclosed
    in a handmade or hand decorated container. You may sell a completed decoupage greeting card which is fully assembled
    and not sold partially finished or as a kit, a t-shirt design can be made and sold as a t-shirt but you may not sell just the t-shirt
    design,a completed quilt, an altered paint can, candy containers, and candy bar wrappers, wrapped candy bars and treats,
    (these wrappers must be cut out by the crafter who is selling the wrappers and not by the purchaser who ordered the wrappers),
    a set of magnets cut out from the magnetic sheets and enclosed in a handmade or decorated tin, or box,
    such as a lunch box, and sold as a complete gift set.
    You can not sell our images or printables individually printed out on paper or other printable medium and
    sold as a single sheet or a group of sheets, or as part of a kit of any kind.


    All items must be cut out by your own hands and created into a completed project -
    which does not require any further crafting or preparation by those you sell the items to,
    other than their adding their own gift tag, photos, or wrapping paper, etc.

    This includes and is not limited to printing and selling the following items: decoupage sheets and/or kits,
    paper scrapbook elements sheets, papers and/or kits, greeting card kits, window cling sheets, magnetic sheets,
    printed out pages of our printable products such as can wrappers, purses, novelty items, candy bar wrappers,
    book marks, iron-on sheets, etc.

    All handcrafted items you sell must be printed, cut out, and assembled.
    EXCEPTIONS: Only the following items are considered a finished craft project, as long as they have been printed 
    and cut out by your own hands using your home computer, personal printer, and personal cutting system;
    wrappers such as candy and candy bar wrappers, popcorn wrappers, book marks, jiffy pop covers,
    and matchbook mints.



    4. You can not use the Designs in *commercial production, distribution, certain websites or projects.
    This includes using our artwork in any form
    for sales 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:
    Distributions through any of these ecommerce sites:

    ebay
    zazzle
    cafepress

    These sites either create and distribute the products you have designed 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,
    whether for personal use or for the purpose of selling an item at a craft fair, etsy store, etc.




    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 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.


Participation Disclaimer
Gina Jane, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Gina Jane, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Gina Jane, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Gina Jane, Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Gina Jane, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Gina Jane, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Gina Jane, Inc., Gina Jane, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gina Jane, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gina Jane, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).