Terms of Service and Use for Digital Downloads

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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) 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.
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 and scalable vector graphics (.svg) in any way you choose.

You may use the digital products to create final product physical items for sale, 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.

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.

Please note that due to the digital nature of the products, it is not permissible to purchase my digital graphics, vector art and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) to print sublimation or vinyl transfers. You can 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. 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 and scalable vector graphics (.svg) 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 and scalable vector graphics (.svg) for a logo or part of a logo. As a graphic designer, I can design a logo for you! Please contact me!

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 unlimited downloads, please remember that we are selling digital graphics, vector art and scalable vector graphics (.svg) and not a cloud storage service. Our unlimited 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.

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 and scalable vector graphics (.svg), 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 digital graphics, vector art and scalable vector graphics (.svg) are created on an iMac. All digital digital graphics, vector art and scalable vector graphics (.svg), are copyrighted to 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.