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Thursday, 31 March 2005
Whimsical Artwork Terms of Use

Whimsical Artwork™ Terms of Service

Public License Use: Order

Non-registered users, if you happen to stop by and want to use graphics, there is a limited collection you can purchase the Public License for use. These graphics are on a white background and come in one size only. Unregistered Public License Users will not receive the benefits of registered users, Including but not limited to; graphics that can be applied to any background and are available in 3 sizes per image, notice of new graphics, monthly drawing for free graphic give-away, free listing in Whimsical Artwork™ Promotional Page. *Terms ofService apply below.

Private Use Registered License:

Becoming a register member entitles you to benefits such as: tutorials on how to more effectively use your graphics, contests, monthly give-aways, advance notice of new graphics and much more. Registration is free and only takes a moment. You will be placed on the Whimsical Artwork� mailing list for notices of upcoming events. We respect your privacy and will never sell your email address or other information to third parties.

As legal owner of these art works, I ask you to follow Terms for Use of any artwork or graphics:

Terms for Use: Apply to *Public License & *Private Use Registered License
    1. For use on any personal (not business) web site or other visual electronic means, Please provide a link back to my web site (on any pages that use my graphics) and place an acknowledgment that the artwork was created by Whimsical Artwork™ and is copyrighted - you may use a text link or a graphics link, which ever you prefer. I have given you the codes for you to place on your pages below:
    2. Please do not alter them in any way, including: changing colors, resizing them, adding or taking anything away from them.
    3. Please do not add them to any collections for sale.
    4. Please do not claim them as your own.
    5. Please do not remove the copyright from them.
    6. Please do not use them to create another graphic, or use them within another graphic.
    7. Please do not use them on commercial websites; ie: Any web site where you sell something or have affiliate banners or links on your site, where you profit from newsletters or accept donations, etc.
    8. Please do not use them for use in auctions, chat rooms, e-cards or message boards- this makes them a target for anyone to steal.
    9. Please do not share them with others. I have made the Ready Art Collections inexpensive enough for anyone to purchase themselves.
    10. Please do not sell them or use them on any product that will be sold, including but not limited to: Calendars, notepads, greeting cards, stationary of any kind, ceramics, glassware, fabrics including; totebags, T-shirts, caps etc, clocks, stamps, wrapping paper, labels (whether for sale "as is" or used on products "for sale"), mirrors, wood working of any kind, recipe cards, decals, candles, books and booklets, transfers, signs of any kind, embroidery, posters, etc. .. well you get the idea. For use on designing web pages for others, Please refer to Web Designer's License. If it is something tangible and will be used for promotion or sale, Please purchase a Promotional Web License or Small Business/Farm License or Commercial Use License.
What am I allowed to use them for, you ask?

Your Personal Use.
You may use them to decorate any items you want for use as gift giving or for you own personal use.
If you want to make your sister-in-law a set of recipe cards for her birthday - go for it!
Mom wants a calendar? Sure- make her one.
You want some stationary for letter writing, put one of the critters on the page.
Need a cute graphic for your non-commercial web site- of course.
Possibilities are endless -
I just ask that you don't use the artwork I created to make a profit.

Whimsical Artwork™ Ready Collections: Order

Whimsical Artwork Ready Collections artwork may not be altered in any manner. There is a "Baker's Dozen" - 13 graphics in each collection. Twelve of the graphics come in 3 sizes each, the other graphic is a single 'gift' graphic. I have selected the graphics according to breed or catagory to make the collections. This way if you prefer one breed over another, you are getting the breed you desire, and not alot of graphics you will not use.

Whimsical Artwork™ Ready Collections transparent artwork comes in png format, as this format is the best visual form of transparency for the web. A limited few of the graphics are not transparent, they are for use 'as is', typically on a white background. If you have any questions, contact me - include the file name of the graphic, and the question you have using this graphic.

Private Use Custom Artwork: Order

If I am commissioned to do artwork of your pet, this artwork will retain my copyright, I will not use it as part of a set, or make it available for purchase. I respect your privacy and the love you have for your pet. If this is a living pet, I do retain the right to use the graphic ONLY as a sample of my artwork. If the pet is deceased- I will Never use it in any manner. I will keep it on file for you and you only, for any reproduction work you may want in the future. These works may be printed for personal use on any medium. Please don't abuse this by using them for promotion or sales of any kind- I Know you wouldn't but I had to legally state that.

Simple designs typically require about 2 hours to complete. Larger or more detailed work requires more time.

I sketch out my work by hand first, scan it onto my computer and go from there. I clock in and out at my own computer as I work on your art. Actual time from beginning to end will be longer than the time you are charged for. I round out hours to the least amount of time in 15 minute increments. IE: if I work for 2 hours and 29 minutes, you are charged for 2 hours and 15 minutes.

All custom work is sent to you via the web, typically in zip format. I send a package of files for your use- they include a variety of sizes, formats and resolutions. Because of the nature of this type of work, I cannot offer refunds. Work begins in the order it was received and after payment has been received. If you have any requests of colors, particular sizes etc- this must be made known before work begins. Sending me a color sample and 'hex' or RGB number of the color helps greatly. If you are using this against a patterned background, sending me the background is also very helpful for methods of saving your work to blend in optimally.

Promotional Web License: Order

Any business that is operated from home or has fewer than 3 employees. Your web site has affiliate banners or links, accepts donations, sells items or profits from newsletters etc. To acquire a Promotional Web License for use of Whimsical Artwork™ graphics you need to register. You will need to provide your company name and web site. You then will choose between purchasing a license for use for a single graphic or license for use of 10 graphics - you do not need to choose all 20 graphics at one time, you may choose them at any time until your choices have added up to 10 choices. Graphics are added periodically, so you may want to choose some now and some at a later date.

Custom work is also available, Please email me for details and pricing. License allows the electronic use of graphics Only. This includes promotional use of newsletters, web design, electronic letterhead, advertising for your company or business, banners (if you choose a graphic you would like made into a standard banner, please email me and I will make it for you - the first one is no charge. Additional banners from the graphics will be an additional charge). For use on tangible items for promotion only (not for sales or merchandise), Please refer to Small Business/Farm Promotional License. For use on designing web pages for others, Please refer to Web Designer's License. For use on tangible items for sale, Please refer to Commercial License Use.

Terms for Use: Apply to Promotional Web License
    1. For use on any web site or other visual electronic means, Please provide a link back to my web site (on any pages that use my graphics) and place an acknowledgment that the artwork was created by Whimsical Artwork™ and is copyrighted - you may use a text link or a graphics link, which ever you prefer. I have given you the codes for you to place on your pages below:
    2. Please do not alter them in any way, including: changing colors, resizing them, adding or taking anything away from them.
    3. Please do not add them to any collections for sale.
    4. Please do not claim them as your own.
    5. Please do not remove the copyright from them.
    6. Please do not use them to create another graphic, or use them within another graphic.
    7. Please send me the web site addresses you have advertised on using my graphics, this will further promote your business as well as theirs. These web addresses will be placed on Whimsical Artwork™'s Promotional Page.
    8. Please do not use them for use in auctions, chat rooms, e-cards or message boards- this makes them a target for anyone to steal.
    9. Please do not share them with others. I have made the Ready Art Collections inexpensive enough for anyone to purchase themselves.
    10. Please do not sell them or use them on any product that will be sold, including but not limited to: Calendars, notepads, greeting cards, stationary of any kind, ceramics, glassware, fabrics including; totebags, T-shirts, caps etc, clocks, stamps, wrapping paper, labels (whether for sale "as is" or used on products "for sale"), mirrors, wood working of any kind, recipe cards, decals, candles, books and booklets, transfers, signs of any kind, embroidery, posters, etc. .. well you get the idea. If it is something tangible and will be used for sale or promotion, Please purchase a Small Business/Farm Promotional License or Commercial License.
Web Designer's License: Order

Any business or person who designs web sites for pay or barter. To acquire a Web Designer's License for use of Whimsical Artwork™ graphics you need to register. You will need to provide your company name and web site. You then will choose between purchasing a license for use for a single graphic or license for use of 10 graphics - you do not need to choose all 20 graphics at one time, you may choose them at any time until your choices have added up to 10 choices. Graphics are added periodically, so you may want to choose some now and some at a later date.

Custom work is also available, Please email me for details and pricing. You will need to supply the web addresses of the sites where the graphics have been used. There are no websets available at this time. License allows the electronic use of graphics Only. This includes promotional use of newsletters, web design, electronic letterhead, advertising for your company or business, banners (if you choose a graphic you would like made into a standard banner, please email me and I will make it for you - the first one is no charge. Additional banners from the graphics will be an additional charge). For use on tangible items for promotion only (not for sales or merchandise), Please refer to Small Business/Farm Promotional License. For use on tangible items for sale, Please refer to Commercial License Use.

Terms for Use: Apply to Web Designer's License
    1. For use on any web site or other visual electronic means, Please provide a link back to my web site (on any pages that use my graphics) and place an acknowledgment that the artwork was created by Whimsical Artwork™ and is copyrighted - you may use a text link or a graphics link, which ever you prefer. I have given you the codes for you to place on your pages below:
    2. Please do not alter them in any way, including: changing colors, resizing them, adding or taking anything away from them.
    3. Please do not add them to any collections for sale.
    4. Please do not claim them as your own.
    5. Please do not remove the copyright from them.
    6. Please do not use them to create another graphic, or use them within another graphic.
    7. Please send me the web site addresses you have advertised on using my graphics, this will further promote your business as well as theirs. These web addresses will be placed on Whimsical Artwork™'s Promotional Page.
    8. Please do not use them for use in auctions, chat rooms, e-cards or message boards- this makes them a target for anyone to steal.
    9. Please do not share them with others. I have made the Ready Art Collections inexpensive enough for anyone to purchase themselves.
    10. Please do not sell them or use them on any product that will be sold, including but not limited to: Calendars, notepads, greeting cards, stationary of any kind, ceramics, glassware, fabrics including; totebags, T-shirts, caps etc, clocks, stamps, wrapping paper, labels (whether for sale "as is" or used on products "for sale"), mirrors, wood working of any kind, recipe cards, decals, candles, books and booklets, transfers, signs of any kind, embroidery, posters, etc. .. well you get the idea. If it is something tangible and will be used for sale or promotion, Please purchase a Small Business/Farm Promotional License or Commercial License.
Small Business/Farm Promotional License: Order

You are a small business, club, farm or herd and need graphics for promotional purposes. (Items that have your company or herd information as well as the Whimsical Artwork™ graphics used to be given away to promote your business, club, farm or herd name ) You may use these graphics for the promotion of your business, club, farm or herd. Including Promotional note pads, stationary, booklets, transfers for T-shirts or other products, decals, business cards, show signage, etc. If you are in doubt, just email me and I will help you with what ever your question may be. The graphics supplied to you are custom artwork, drawn specifically for your use. Please email me for further details.

Terms for Use: Apply to Small Business/Farm Promotional License
    1. For use on any web site or other visual electronic means, Please provide a link back to my web site (on any pages that use my graphics) and place an acknowledgment that the artwork was created by Whimsical Artwork™ and is copyrighted - you may use a text link or a graphics link, which ever you prefer. I have given you the codes for you to place on your pages below:
    2. Please do not alter them in any way, including: changing colors, resizing them, adding or taking anything away from them. (With the exception of Promotional business, club, farm or herd name)
    3. Please do not add them to any collections for sale.
    4. Please do not claim them as your own.
    5. Please do not remove the copyright from them.
    6. Please do not use them to create another graphic, or use them within another graphic.
    7. Please send me the web site addresses you have advertised on using my graphics, this will further promote your business as well as theirs. These web addresses will be placed on Whimsical Artwork™'s Promotional Page.
    8. Please do not use them for use in auctions, chat rooms, e-cards or message boards- this makes them a target for anyone to steal.
    9. Please do not share them with others. I have made the Ready Art Collections inexpensive enough for anyone to purchase themselves.
    10. Please do not sell them or use them on any product that will be sold, including but not limited to: Calendars, notepads, greeting cards, stationary of any kind, ceramics, glassware, fabrics including; totebags, T-shirts, caps etc, clocks, stamps, wrapping paper, labels (whether for sale "as is" or used on products "for sale"), mirrors, wood working of any kind, recipe cards, decals, candles, books and booklets, transfers, signs of any kind, embroidery, posters, etc. If you want to use graphics for merchandise sale, Please purchase a Commercial License.
Commercial Use License: Order

Specifically for use on merchandise for sale. Graphics for use on any tangible merchandise that will be sold for profit, including but not limited to: Calendars, notepads, greeting cards, stationary of any kind, ceramics, glassware, fabrics including; totebags, T-shirts, caps etc, clocks, stamps, wrapping paper, labels (whether for sale "as is" or used on products "for sale"), mirrors, wood working of any kind, recipe cards, decals, candles, books and booklets, transfers, signs of any kind, embroidery, posters, etc.

Custom graphics are the only choice for a Commercial Use License, it is only fair that if you are selling an item for profit, your graphic be exclusivly yours to use. Commercial Use License includes one graphic, created for you to use exclusivly on your merchandise. I still own the copyright on this graphic. The graphic will have a legible copyright on it and must remain intact on all products. I feel this is only fair since I am the artist and you will be profiting from my artwork. Future customers come to me from seeing the work I have done displayed on products that are on the market. Future commercial custom graphics, after you are licensed will be at a reduced rate.

Terms for Use: Apply to *Commercial Use License
    1. For use on any web site or other visual electronic means, Please provide a link back to my web site (on any pages that use my graphics) and place an acknowledgment that the artwork was created by Whimsical Artwork™™ and is copyrighted - you may use a text link or a graphics link, which ever you prefer. I have given you the codes for you to place on your pages below:
    2. Please do not alter them in any way, including: changing colors, resizing them, adding or taking anything away from them.
    3. Please do not add them to any collections for sale.
    4. Please do not claim them as your own.
    5. Please do not remove the copyright signature, that will be legible, as you place the image on your product or merchandise.
    6. Please do not use them to create another graphic, or use them within another graphic.
    7. Please do use a link back to my website somewhere on your selling page stating the graphics have been created by Whimsical Artwork™.
    8. Please do not use them for use in auctions, chat rooms, e-cards or message boards- this makes them a target for anyone to steal.
    9. Please do not share them with others. I have made the Ready Art Collections inexpensive enough for anyone to purchase themselves.
    10. Please do send me a sample of the item that is for sale or a photo of it. (This will also be placed on the Promotional Page that will benefit your sales as well as my own.)
FreeWare:

Limited use and requires a webpage approval before it will be considered. FreeWare is a special class of graphic, specifically for your church, children's educational, animal shelters and non-profit organizations, 911 relief, Tsunami non-profit websites, California flood victims non-profit websites and Iraqi-war non-profit websites. If you have a website for me to consider, send me the URL and I will preview it. You must send in your URL and it must be a not-for-profit or non-profit organization. Most of the time it will require the URL to have a .org extension. Graphics and artwork for these sites are done in a time allowed manner. Therefore, it may take longer to have them for use as quickly as commissioned works. I do ask for a linkback to my website for these.

Payment Option for All Artwork:

Payments accepted by PayPal Only. PayPal is secure, safe and easy to use. Sign up to become a PayPal Member or pay with PayPal even if you are not a member. Have a Business? Need a PayPal Business account?

Links for Use on your Web Page or Electronic applications:

Just right click and 'select all' in box, right click copy and paste where ever you want the link to appear on your page:

Graphics Link
  Will give you this:Whimsical Artwork Graphics
Non-Graphics Link
 Will give you this: Graphics by Whimsical Artwork™
Prices:

Author's Note:

All graphics and art within this web site were created by the artist are owned and copyrighted by Whimsical Artwork™ All Rights Reserved. (With the exception of the template used for this web site, Based in part on Daydream by John Lyon was created by Michael Morris for � Copyright 2003 by MAMBOHUT, released under the GNU/GPL and modified for use on this web site by the artist). The graphics and artwork offered by Whimsical Artwork™ is licensed for "use", not sold. Whimsical Artwork™ still retains the copyright. Each image has an embedded copyright notice.
**Use of this web site constitutes acceptance of the Terms of Service/Use

Last Updated ( Tuesday, 19 April 2005 )
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