Terms of Service and Use for Digital Downloads of Digital Graphics, Vector Art, Scalable Vector Graphics (.SVG), Mockups and Templates.
Effective Date: January 1, 2014
Welcome to Artistic Happiness!
These Terms of Service and Use (“Terms”) govern your purchase and use of digital graphics, vector art, scalable vector graphics (.svg), mockups and templates, from our website. By purchasing and downloading these digital products, you agree to comply with these Terms.
1. Acceptance of Terms
By accessing, purchasing, or downloading any digital products from Artistic Happiness, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please refrain from using our services.
2. Digital Products
a. Description
Artistic Happiness offers digital graphics, vector art, scalable vector graphics (.svg), mockups and templates designed for personal and commercial use under specific conditions outlined in these Terms.
b. License
Upon purchase, you are granted a non-exclusive, non-transferable license to use the digital products for the intended purpose. All ownership and intellectual property rights remain with Artistic Happiness.
3. Usage Rights
a. Permitted Uses
You may use the digital products to create physical items for personal use.
Commercial use requires a purchase of a commercial use license.
It cannot be sub-licensed, resold, transferred, or redistributed in any way.
Omission of something not listed, does not give you permission to use my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates in any way you choose.
You may use the digital products to create final product physical items for sale, with the purchase of a commercial license, subject to the limitations in Section 3.b.
b. Prohibited Uses
Reselling, redistributing, or sharing the digital files in their original or modified format.
Uploading the digital files to any sharing platforms or making them publicly available.
Claiming the digital files as your own design or intellectual property.
Using the digital files to create a competitive product or service.
You are not allowed to create a vector file for cutting machines, as a pattern for a tattoo, as part of a company logo or other logo, for screen printing, as a template for glass etching.
You may not authorize, hire, or commission a third party to make customized versions of the graphic object.
Licensing products which you created with my designs for wholesale or mass retail sale; and implying or claiming that you are the author of the artwork in my designs.
You are not allowed to share, resell or distribute digital files/graphics on a standalone basis or include digital files/graphics in the sale of template products.
Digital files/graphics shall only be used as a design element of an end product.
Graphics shall not be installed, embedded or integrated in any software, program, application etc. E.g. installing any digital files/graphics into an application that allows you to select our digital files/graphics to make your own T-Shirt design.
Please note that due to the digital nature of the products, it is not permissible to purchase my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates and give them to another individual, even as a gift. My designs may not be purchased and brought to someone else to put on a product. They are licensed only to the purchaser of the designs.
You may not use my images for any reason.
You may not use any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to create embroidery files or any other graphic design, with or without additions or subtractions. This includes putting it on your computer and manipulating it, digitizing through a company or using a program to digitize it yourself. This includes taking a photo, screenshot or any other method of recording or copying, and using that file to create a new file through other means, such as a traceable file through a cutting/plotting program. It also includes, scrapbooking, silk-screen printing, smocking. If you do not understand this limitation, please contact me for clarification.
You may not use any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to create anything that is adult related, relates to self harm, drugs, alcohol, tobacco, hate, is violent, is anti-American, anti-military, is vulgar or has any sexual content. No items are allowed to be created from any of my graphics whether in full or partial graphic content in any of these categories.
You are not allowed to use any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to create items that discriminate against anyone. These include age, color, criminal record, height, disability, ethnicity, family status, gender identity, generation, genetic characteristics, marital status, nationality, race, religion, sex, and sexual orientation. No items are allowed to be created from any of my graphics whether in full or partial graphic content in any of these categories.
You may not use any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to create .SVG’s or any form of cutting file, used for electronic cutting machines. (Such as Cricut, Silhouette, Romeo, and any others that use electronic plotting for cutting.) This includes the following – with or without additions or subtractions, putting it on your computer or other electronic means and manipulating it. This includes taking a photo, screenshot or any other method of recording/capturing and using that file to create a new file through other means, such as a traceable file through a cutting/plotting program. If you do not understand this limitation, please contact me for clarification.
You may not use any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to print sublimation or vinyl transfers. You may use my graphics and/or designs to print sublimation transfers or vinyl transfers that you in turn use for final products that you sell through your small business, with the purchase of a commercial license. You are not allowed to sell or give away sublimation transfers or vinyl transfers created from my graphics and/or designs. You are not allowed to mass produce any sublimation transfers or vinyl transfers from my graphics and/or designs whether for sale or gifting.
You are not allowed to upload any of my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates to a commercial mass production site. This includes any site that creates items for a final product sale by you. (e.g. Amazon, fabric design sites, drink ware design sites, Spoonflower, Caseify, Zazzle, Custom Ink, Society6.) Omission of the site you are going to use does not allow you do upload it to the site in question.
You are not allowed to use my digital graphics, vector art, scalable vector graphics (.svg), mockups and templates for a logo or part of a logo. As a graphic designer, I can design a logo for you! Please contact me!
In addition you are not permitted to do any of the following with or without a commercial license.
- Reselling, sharing, or redistributing the graphics as-is or in editable format (e.g., selling the original PNG, SVG, or PSD files).
- Creating a digital product to sell/distribute where graphics, illustrations, clipart, or other design objects are used as-is or nearly as-is, or closely resemble the design element purchased from Artistic Happiness.
- Claiming the artwork as your own.
- Using the graphics in designs that violate copyright, trademark, or are offensive/hateful in nature. See the Terms and Service Use for more details.
- Use in AI image generators or NFTs.
- Use in social media posts or social media accounts.
- Broadcast and streaming of any sort, including but not limited to: broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audiovisual works, including advertisements.
- Use in e-books or e-publications.
- You cannot use any of my designs to create embroidery designs.
- Sending as-is or nearly as-is graphics, illustrations, or other design products to any outside printer, manufacturer, maker, print-on-demand company, or any other party, so that the outside party can make physical end products on your behalf.
4. Purchasing and Downloading
a. Payment
All payments must be processed through our secure payment gateway. By submitting your payment information, you authorize us to charge the designated amount for the selected digital product.
b. Download Access
Upon successful payment, you will receive a link to download the purchased files. It is your responsibility to ensure your device supports the file formats and meets any necessary technical requirements. It is highly recommended that you download your designs upon purchase. While we do provide the ability to download graphic purchases, please remember that we are selling digital graphics, vector art and scalable vector graphics (.svg), mockups and templates and not a cloud storage service. Our downloads are for your convenience only and Artistic Happiness reserves the right to change this policy at any time. We are not responsible for lost designs if you have not downloaded them.
c. Refund Policy
Due to the digital nature of the products, all sales are final. If you encounter any issues with your download, contact us for assistance or replacement. There are no refunds on digital downloads. We cannot take back an image once the link has been delivered. Please be sure to understand how to use downloaded images before purchasing. We are not able to offer additional technical support for your software or equipment.
5. Intellectual Property
All digital products and content provided by Artistic Happiness are protected by copyright and other intellectual property laws. Unauthorized reproduction, distribution, or modification of the digital products is prohibited.
6. Limitation of Liability
Artistic Happiness is not liable for any damages or losses resulting from the use or inability to use the digital products. This includes, but is not limited to, direct, indirect, incidental, punitive, or consequential damages.
7. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. Continued use of our services after any such modifications constitutes your acceptance of the new Terms.
8. Governing Law
These Terms are governed by the laws of the United States of America, without regard to its conflict of law provisions.
9. Contact Information
If you have any questions about these Terms or need support, please contact us here.
Please contact me if you are unclear as to what any of the above means before purchase.
10. Purchase and .zip file information.
Upon purchasing you will receive a download link to retrieve your new files. Please note you will not receive any printed products or any products in the mail. Artistic Happiness will send you a download link email as soon as your payment has cleared. We use PayPal as our only form of payment.
- Please make sure you have the required software and knowledge to use digital graphics, vector art and scalable vector graphics (.svg) before making your purchase. You are responsible for having the proper software to download, unzip and use these files.
- Files come in zip format. You must know how to unzip files on your PC/Mac to retrieve them.
- Digital Graphics and Scalable Vector Graphics (.SVG’s) can be opened with the following programs: Inkscape, Adobe Flash Professional, Adobe Illustrator, Affinity programs, Corel Draw, Silhouette Studio. Other programs may be available for you to use that aren’t listed here.
- By purchasing digital graphics, vector art, scalable vector graphics (.svg), mockups and templates, you are agreeing to read the restrictions related to buying the image or images shown within the listing.
We frequently monitor images on Etsy, Facebook, Shopify and the general Internet. If anyone is found in violation of these terms, we will pursue legal action.
All digital graphics, vector art and scalable vector graphics (.svg) are created on an iMac. All digital graphics, vector art and scalable vector graphics (.svg), are copyrighted to Artistic Happiness.
Liquidated Damages, License Termination, and Copyright Enforcement
In the event that you violate these Terms through unauthorized use of Artistic Happiness’s digital products, you agree to pay liquidated damages as follows. For personal users, any prohibited use (such as sharing files, uploading to public platforms, or transferring the digital files to others) will result in liquidated damages of $250 per violation or per file misused, whichever is greater. For commercial users (including any individual or entity using the digital products for business purposes), unauthorized reproduction, resale, redistribution, sub-licensing, or uploading the digital products to third-party manufacturing or print-on-demand platforms will result in liquidated damages of $1,000 per violation or per unauthorized use, whichever is greater.
Any such breach will result in the immediate termination of your license, without prior notice or refund. You must immediately cease all use of the digital products and permanently delete all copies in your possession or control. You acknowledge that actual damages would be difficult to determine and that the amounts above represent a reasonable estimate of Artistic Happiness’s losses, not a penalty. This remedy is in addition to any other legal or equitable relief available to Artistic Happiness.
Artistic Happiness actively monitors online marketplaces and platforms for unauthorized use of its designs. If unauthorized use is detected, we reserve the right to issue formal copyright enforcement notices to the platform or hosting provider and pursue legal action under applicable intellectual property laws. We may also seek injunctive relief, statutory damages, and attorney’s fees as provided under the U.S. Copyright Act or applicable international law.
No Warranty
All digital products provided by Artistic Happiness are offered “as is” and “as available,” without any warranties of any kind, express or implied. To the fullest extent permitted by law, Artistic Happiness disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the digital products will meet your specific requirements, operate without interruption or error, or be compatible with all devices or software. You are solely responsible for ensuring that your system and software are capable of handling the file types provided.
Artistic Happiness does not guarantee that the digital files are free of viruses or other harmful components, nor do we offer technical support for software compatibility, installation, or use. No oral or written information provided by us or through our website shall create any warranty not expressly stated in these Terms. In jurisdictions that do not permit the exclusion of implied warranties, our liability shall be limited to the maximum extent allowed by law.
Indemnification
You agree to indemnify, defend, and hold harmless Artistic Happiness, its owners, affiliates, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your use or misuse of the digital products; (2) your violation of these Terms; (3) your breach of any applicable law or regulation; or (4) any claim that your use of the digital products infringes upon or violates the intellectual property, privacy, or other rights of a third party.
This obligation will survive the termination of these Terms and your use of the digital products. Artistic Happiness reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully in asserting any available defenses.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law rules. You agree to submit to the exclusive jurisdiction of the courts located in Charles County, Maryland.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining terms shall continue in full force and effect.
Entire Agreement
These Terms of Service, together with our Privacy Policy and any applicable licensing terms referenced herein, constitute the entire agreement between you and Artistic Happiness concerning your access to and use of the digital products. They supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written. No waiver or modification of any term shall be effective unless in writing and signed by Artistic Happiness.
[DISCLAIMER] Please Read
Regarding Trademarks: We do our best to keep up-to-date with any Registered Trademarks before creating any designs! Because of excessive new trademarks being applied for and registered daily, we can not guarantee that any phrases on the designs will not be a registered trademark.
It is your responsibility and smart business practice as a small business owner to research the USPTO database to make sure your products do not infringe on a registered trademark. By purchasing any design by Artistic Happiness you agree that you are responsible for your own business and Artistic Happiness will not be held liable with regards to trademarked phrases. You can always check the trademark database.
If it is discovered that one of our designs contains a trademarked phrase or we are notified that one of our designs is a registered trademark we will promptly correct the issue as soon as possible.