All purchases require that the customer obtain a license to use any and all items purchased in our store. Please understand that you are purchasing a license to use the digital tubes and scrapkits and you do NOT own the copyright of items purchased. Copyright remains with the artist, original creator of the scrapkit elements and DOES NOT in any form extend rights to the purchaser to re-sell or share items from our store with others, nor are they to be uploaded to any 'share sites' such as 4-Shared and the like. Please see our Resale Terms of Use below.
If you are found uploading to share sites, sharing items with others or reselling tubes or digital kits you will be violating not only the Phoenix Creative Design 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 Phoenix Creative Design for resale or to share as this is a violation of our terms of use and artist copyright.
Violations of our Terms of Use WILL result in the loss of your license as well as pursuing any legal remedies allowed by law.
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 Phoenix Creative Design 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.
You are required to read, understand and follow these usage terms when using digital works of the artists represented by Phoenix Creative Design. 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. Phoenix Creative Design 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.
Phoenix Creative Design is the sole and exclusive owner of all 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.
Our Terms of Use include issuance of licenses to the purchaser. Certain information is required to obtain a license from Phoenix Creative Design: 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 Phoenix Creative Design,
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 ourTerms of Use. We reserve the right to change, alter, modify or amend any or all of these terms. Artists represented by Phoenix Creative Design 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, Phoenix Creative Design 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 Phoenix Creative Design license number and artist copyright to any work designed using images/tubes purchased through Phoenix Creative Design. Photographer images and tube creations MUST be credited in the following manner: ©Artists / Photographer name, www.artists url.com, (Your Phoenix 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 Phoenix Creative Design 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 our store.
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 Phoenix Creative Design. 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 our 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 a Phoenix Creative Design license and have purchased images.
Phoenix tubes and products may not be printed in any way, shape or form without a contract between the creator and Phoenix Creative Design. 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.
Phoenix 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.
We reserve 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.
Licensed images may not exceed 72 dpi or measure more than 500 pixels on the longest side.
Phoenix Creative Design images are not to be altered in any way. Unless the artist specifies modifications in their CU TOU ie for Elements in CU Packs.
Phoenix images are not to be used for profit, absolutely NO monetary compensation, consideration can be received using images purchased from our store.
Commercial Usage approval must be obtained from the 'rights holder', i.e. Artist, photographer, designer and we will be happy to assist you in making contact with the rights holder by providing contact information only.
Phoenix images are not to be used/mixed with images from free artist sites or other licensed artist sites.
EXCEPTION: Phoenix Creative Design artists can be used with other Phoenix 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 Phoenix Creative Design site is prohibited. Unless artists specify 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 a Phoenix Creative Design license and have purchased images.
Credit for scrapkits and/or backgrounds may be shown in this way:
scrap kit by______ , render by_______ or background by_________.
If used with a Phoenix 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 Phoenix license number ) Your Phoenix license number should always be on ANY design created by you when using images/scrapkits from Phoenix Creative Design.
Images may not be distorted in such a way as to deform t 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.
As with all images found on our site, you are required to hold a license from Phoenix Creative Design in order to use these images.
**Photographs should be credited this way: ©Photographer Name, URL, Phoenix License#
You are allowed to place the following info on any tag designed by you when using photo tubes from Phoenix Creative Design: ©Photographer Name, URL, Tagged by (your name), Tag design by (your name), Phoenix 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 Phoenix Creative Design Photographs with a scrapkit or tube, please show copyright info as: ©photographer name; URL . . . scrapkit or tube by (designer name); URL . . . Phoenix License # unless the kit designer requests otherwise in their TOU
Please be certain to read the TOU that is included with each item purchased for Resale. Should the terms for these items be violated your license with Phoenix Creative Design will be revoked.
Phoenix Creative Design images may be used in your tutorials, however notice must be clear that any Phoenix 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 our store to purchase the image.
Images found in our freebie section should be noted in the tutorial that
the image is being used courtesy of Phoenix Creative Design 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: phoenixcreative.usa@gmail.com
