Terms of Use
Dated Saturday, November 05, 2022
Terms of Use
Individuals should note that they are purchasing a 'license to use' the tubes and digital scrapkits found in our store, the license DOES NOT in any form extend rights to the purchaser to re-sell or share items from our store to other individuals, nor does it allow items to be uploaded to 'share' sites.
Should you be found uploading to share sites, sharing items with others or reselling tubes or digital kits you will be violating not only the Secret Garden Designs (SGD) Terms of Use but the artist copyright and designer terms of use.
You may not print, photograph, scan, or make copies of any item represented by SGD for resale or to share as this is a violation of our terms of use and artist copyright. Violations will result in the loss of your license as well as pursuing any legal remedies allowed by law.
Standard Terms of Use
ALL PURCHASES REQUIRE A LICENSE FROM SECRET GARDEN DESIGNS, NO EXCEPTIONS!
The following terms of use apply to any and all content, inclusive of but not limited to prints, tubes, scrapkits purchased from SGD and is applicable to all signature tag designers, stationery, webset, and website designers as well as any social networking site, i.e. Facebook, MySpace, Signature Tag Groups, Pinterest, Instagram or any other networking site not mentioned.
If you wish to make a purchase in the store you will need to request a license, please use this form to do so; https://www.secretgardendesigns.shop/page_3.html
Please allow 72 hours for us to send you your license. We are on different time zones, so may not see / answer your requests straight away.
If you forget your License number, please do not complete another form, please contact us and we will find your License number for you.
Consumers are required to read, understand and follow these usage terms when using digital works of the artists represented by Secret Garden Designs. These terms of use will be strictly enforced. Copyright infringement is punishable offense; five years imprisonment with fines to $250,000 upon conviction.
Unauthorized use or reproduction of copyrighted material is forbidden. Secret Garden Designs will not supply high resolution images on this site. Although original art may be purchased copyright remains with the Artist as do tubes, scrapkits and so forth.
Secret Garden Designs is the sole and exclusive owner of all SGD graphic art packages "tubes", comments, codes, tutorials, signature tags and scrapkits, both tagger and full size(products.) displayed on it’s websites including rights relating thereto;
The artist holds full and complete ownership of intellectual property rights of their products.
SGD Terms of Use include issuance of licenses to the consumer. Certain information is required to obtain a license from SGD: Name, Address, Phone, and Email. Once this information is provided you will receive a license number which is required to be placed on any design created by you using images from Secret Garden Designs number which is required to be placed on any design created by you using images from Secret Garden Designs.
License numbers may be revoked for violation of these Terms of Use; absolutely NO refunds will be made to a license holder whose license has been revoked for violations of the SGD Terms of Use. We reserve the right to change, alter, modify or amend any or all of these terms. Artists represented by SGD may also change, alter, or amend these terms with regard to their works at any time. Artist modification of our standard terms of use will be noted on their image pages.
Commercial usage of images (CU) or Personal Use scrapkits (PU) requires permission of the artist as the artist holds full and complete ownership of intellectual property rights and may require the purchase of a separate license from the artist/designer for commercial use. Users who seek to make commercial use of the images will be required to seek permission from the appropriate rights' holders, and to the extent practicable, Secret Garden Designs will assist in facilitating those permissions by providing contact information of the rights holders.
Images may not be distorted in such a way as to deform the image in any way which would make the image disproportionate from the original, use of filters is permitted so long as the filters do not obscure the tube in such a way as to be unrecognizable from the original image; tubed images purchased MUST be recognizable in its original tubed state in any design except for the addition of elements and the like obtained from scrapkits. Images may be resized so long as the proportions remain such that the image is not distorted.
CREDITS: Images purchased may not be shared as each individual must affix their SGD license number and artist copyright to any work designed using images/tubes purchased through SGD Photographer images and tube creations MUST be credited in the following manner: ©Artists / Photographer name, www.artists url.com, (Your SGD license number)
EXCEPTION: Some artists may offer PG13, Mature or Adult Content on their websites(adult content: nudity, sexually explicit images, fetish, etc) Some groups DO NOT allow urls to be shown on tags where the artist offers mature or adult content. In this case only, you are permitted to leave off the artist url.
This is the ONLY exception to our copyright and artist credits.
Your license number with SGD MUST be clearly legible on all of your digital creations inclusive of but not limited to tags, stationary, web sets, MySpace, Facebook pages, any social network pages, personal websites, other website layouts or skins, banners and any other digital designs created from images purchased through SGD.
You are allowed to add your watermark and tagged by (your name) , however you are not allowed to add personal, group or website links to images purchased from SGD. Artist (inclusive of photographers) url must be shown legibly on any digital designs created. Personal, website, urls can be added to the footers of skins, websets, and stationery which you create using SGD images. Images MUST NOT be shared, or uploaded to any server (4-shared, rapidshare, etc) for future downloads to individuals/groups who do not hold an SGD license and have purchased images.
SGD tubes and products may not be printed in any way, shape or form without a contract between the creator and SGD. These are for online/digital use only! You may print tags for personal use such as scrapbooking. Unless artists specifies you are allowed to print their artwork.
SGD tubes and products may not be sold or bartered or used for profit, commercial or 'break-even' endeavours in any way. Further, no tube or product may be displayed on any website or community that offers private or commercial services to the public.
SGD reserves the right to use all products made with tubes (tags, banners, etc) for marketing and other advertising and promotional purposes and do not require to display a license number.
Please be sure to read the specific TOUs for your items purchased.
Image Terms of Use
Licensed images may not exceed 72 dpi or measure more than 500 pixels on the longest side.
SGD images are not to be altered in any way. Unless the artist specifies modifications in their CU TOU ie for Elements in CU Packs.
SGD images are not to be used for profit, absolutely NO monetary compensation, consideration can be received using images purchased from SGD.
Commercial Usage approval must be obtained from the 'rights holder', i.e. Artist, photographer, designer and SGD will be happy to assist you in making contact with the rights holder by providing contact information only.
SGD images are not to be used/mixed with images from free artist sites or other licensed artist sites.
EXCEPTION: SGD artists can be used with other SGD artists, multiple images from the same artist, however EACH artist (if more than one is used) must be credited on any digital designs or creations.
Animation, changing a coloured image to black and white, colouring a black and white image, adding certain elements to cover portions of adult images (in order to use those images on sites where R rated images are not allowed) is permitted as long as the Artists work is respected . As always, proper credit must be legible on all designs/creations.
Images may not be distorted in such a way as to deform the image in any way which would make the image disproportionate from the original, use of filters is permitted so long as the filters do not obscure the tube in such a way as to be unrecognizable from the original image; tubed images purchased MUST be recognizable in its original tubed state in any design except for the addition of elements and the like obtained from scrapkits. Images may be resized so long as the proportions remain such that the image is not distorted.
You MAY NOT create blank tags, websets, skins, stationery, text must be included (watermarks DO NOT constitute text); Welcome, Snagged, Mail, etc.
Printing of any image shown on the SGD site is prohibited. Unless artists specifies you are allowed to print their artwork.
Images may be sold singly, or in image multi-packs.
Freebies will be offered from time to time, also as Free with Purchase.
Images MUST NOT be shared, or uploaded to any server (4-shared, Rapidshare, etc) for future downloads to individuals/groups who do not hold an SGD license and have purchased images.
Tutorials Terms of Use
SGD images may be used in your tutorials, however notice must be clear that any SGD image is being used as a 'SAMPLE' for the purpose of tutorials, and individuals wishing to use the same image in their tags based on the tutorial must be directed to SGD to purchase the image.
Images found in our freebie section should be noted in the tutorial that
the image is being used courtesy of SGD and is not available for purchase.
To credit a tutorial site on your designs:
Tutorial by (tut writers name) and url, NO copyright symbol allowed
Questions, Concerns Regarding Images; Please address any questions or concerns to: SecretGardendesigns2.gmail.com
Photography Terms of Use
As with all images found on our site, you are required to hold a license from SGD in order to use these images.
**Photographs should be credited this way: ©Photographer Name, URL, SGD License#
You are allowed to place the following info on any tag designed by you when using photo tubes from SGD: ©Photographer Name, URL, Tagged by (your name), Tag design by (your name), SGD License #
Your license number MUST be shown on any design created by you.
Photos MAY NOT be used with another artist work.
Photographs may not be distorted in such a way as to deform the Photograph in any way which would make the Photograph disproportionate from the original, use of filters is permitted so long as the filters do not obscure the Photograph in such a way as to be unrecognizable from the original Photograph; Photographs purchased MUST be recognizable in its original state in any design except for the addition of elements and the like obtained from scrapkits. Photographs may be resized so long as the proportions remain such that the image is not distorted.
When using an SGD Photographs with a scrapki or tube, please show copyright info as: ©photographer name; URL . . . scrapkit or tube by (designer name); URL . . . SGD License # unless the kit designer requests otherwise in their TOU
Scrapkits Terms of Use
Credit for scrapkits and/or backgrounds may be shown in this way:
scrap kit by______ , render by_______ or background by_________.
If used with an SGD artist tube credit info should be shown in this way:
Artist © and url, scrapkit by (unless size of your creation prohibits all credit info to be legible and interferes with design, in this event, should be shown as:
©Artists / Photographer name, www.artists url.com, ( your SGD license number ) Your SGD license number should always be on ANY design created by you when using images/scrapkits from SGD.
Images may not be distorted in such a way as to deform the image in any way which would make the image disproportionate from the original, use of filters is permitted so long as the filters do not obscure the tube in such a way as to be unrecognizable from the original image; tubed images purchased MUST be recognizable in its original tubed state in any design except for the addition of elements and the like obtained from scrapkits. Images may be resized so long as the proportions remain such that the image is not distorted.
Facebook Timelines
Timelines according to the rules of Facebook MAY NOT have URLs showing if they are for business purposes. Each timeline MUST credit the artist (©AlicatArt) with URL and have your SGD License Number clearly shown. Just as with tags, timelines MAY NOT be blank. They must have a name, or group name and so forth.
Images may not be distorted in such a way as to deform the image in any way which would make the image disproportionate from the original, use of filters is permitted so long as the filters do not obscure the tube in such a way as to be unrecognizable from the original image; tubed images purchased MUST be recognizable in its original tubed state in any design except for the addition of elements and the like obtained from scrapkits. Images may be resized so long as the proportions remain such that the image is not distorted.
If you have any questions, or concerns regarding images; Please address any questions or concerns to: SecretGardendesigns2.gmail.com
Secret Garden Designs
Owners / Administrators
WE RESERVE THE RIGHT TO ALTER, AMEND, DELETE, MODIFY THESE TERMS OF USAGE AT ANY TIME WITHOUT NOTICE.
R4R, CU4CU, CU, PU etc Explained
PU (Personal Use)
Product to be used in a personal use only. This means you can use it for all kind of layouts and for other graphic projects but for your personal use only, not to create profit in any way.
CU (Commercial Use)
Product that can be use in a commercial way. You can create with these items, new elements or new papers and resell them as PU (personal use). If a kit or element is appropriate for commercial use it can also be used for PU/ S4H or S4O.
CU4CU (Commercial Use for Commercial Use)
These kind of products allow you to create your own commercial use products from the provided elements or papers. With CU4CU items, nearly everything is allowed except reselling them as they are, they MUST be modified before selling
as CU.
R4R (Resale for Resale)
Can be sold as CU4CU or Commercial Use(CU) or Personal Use(PU). (see above terms)
Artists Commissions
Usually agreed between the artist and designer/customer;
Used either for Personal use only or sold as either R4R, CU4CU, CU, PU dependant on the Artists TOU and agreed permissions.
S4H (Scrap for Hire)
That means that is not just for personal use but also to scrap for someone else.
You can sell to a third party as PU, but not as CU.
QP (Quickpage or Quick Page)
A predesigned digital scrapbook page saved in a flattened form with transparent spots for photos.
TS (Tagger Size)
This is the size of an item or kit. (smaller than Full Sized kit) Personal use only
FS (Full Size)
This is the size of an item or kit. Can be printed for scrapbooking. Personal Use only
TOU (Terms of Use)
Designer terms and conditions.
*Always read the TOU's of a designer because each of them have their own features.
DISCLAIMER OF LIABILITY
Secret Garden Designs works to ensure that no product found or sold in our store infringes on copyright and/or trademarks. Should product(s) be found to infringe on copyright and/or trademarks, the products(s) will be removed by the party who designed and uploaded the product(s), (the seller). Failure to remove the product(s) will result in the seller being removed from the store..
Secret Garden Designs, acting as an intermediary between sellers and customers, offers and promotes all products uploaded to the store in good faith and shall not be held liable for any losses and damages, real or potential, suffered as a result of purchasing any Product(s) being offered.
As part of the store TOU please accept this as notice that due to the nature of our business absolutely NO refunds are given on ANY digital products, i.e. tubes and scrap kits.
When shopping in our store we ask that you respect our Designers and Artists
All our products are copyright compliant. Our Artists and Designers have created their products or purchased items for their use under license and for a specific use in their products. Our Artists Designers work hard and spend a lot of money to produce their products. They are cheap for you to purchase, so please use respectfully.
Please read and follow the terms of use.
https://www.secretgardendesigns.shop/page_2.html
Please read below.
DO NOT STEAL, this means NOT taking something that does not belong to you, and stolen from someone else illegally, without their permission or purchasing.
If caught doing so, we will revoke your license, and ban you from the store. It is not acceptable to “steal” anything that has been created by someone else.
DO NOT COPY, this means you are NOT allowed to take someone else’s creations, or products and make a copy of them for your kit, store or website.
If caught doing so, we will revoke your license, and ban you from the store. It is not acceptable to “copy” anything that has been created by someone else.
DO NOT SHARE, this means NOT sharing products you have taken or purchased or been given from friends or other people. Adding them to another store, file sharing site or website is not allowed
If caught doing so, we will revoke your license, and ban you from the store. It is not acceptable to “share” anything that has been created by someone else without his or her permission.
DO NOT RIP items, this means NOT taking apart one of our products from our designers creations allowed. Our products are cheap to purchase for your own personal use.
If caught doing so, we will revoke your license, and ban you from the store. It is not acceptable to “Rip” anything that has been created by someone else.
Thank you
