Commercial Use License

Hello! If you are interested in using any of my digital files for small business use, please contact me via email at info@tawanasimone.com for further information. You will need a separate Small Business Commercial Use License for each design file you wish to license.

This small business commercial use license allows you as a small business owner to use the design file to create hand crafted items for resale. This does not allow you to resell the design file itself, only an item that you have created with the design file. Please read terms of Small Business Commercial Use in additional info and contact me via email if you need further clarification.

I’m happy to support other small businesses by allowing for this option and very glad you chose to do the same by supporting my small business!

This license allows your small business : sales of 0-5 items Please indicate which design image you wish to license.

Small Business Commercial Use License Terms:

Commercial use customers receive a license to create derivative designs using these files, but are not licensed to redistribute them in their original format. This commercially licensed product is to be considered a design tool rather than a final design product; are licensed to the purchaser’s computer only; and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page. You may use the products to create finished products for personal use or for small business use for items sold for commercial gain.

The commercial use terms pertain to small business owners who run business from within their home without other employees with exception being family members in the same household. The Small Business Commercial Use does not apply to businesses that mass produce products for commercial gain. Large businesses are not able to purchase a small business commercial use license for use in which they will profit through design redistribution are automatically excluded as clients of our commercial-use customers. These companies should negotiate directly with Tawana Simone for licenses. If you are interested in using and licensing my products for Commercial purposes not outlined in this TOU, please contact me via email at info@tawanasimone.com

You May:

Products CAN NOT be sold as is, a derivative product must be created unless otherwise specified.
• Printed Products
You may create and sell personalized art with Tawana Simone designs files and printed physical product is sold to the consumer.
• Creating pre-customized graphics and promotional materials (cards, invitations, logos)
• Party decorations
• Printable Digital Download Files
You may use Tawana Simone designs products to create digital printable files for sale as long as the product used is designated as Small Business Commercial Use, the item for sale is a finished derivative product (flattened jpg or PDF and not AS IS), and personalized for your customer unless otherwise specified.
• Customized digital downloadable and printable artwork
• Logo and Web Designs
You may create a logo or design elements with Tawana Simone designs products and the final images for the logo and web design elements are used to create the website images. This does not include items created for free downloads. Those items can not be created with PERSONAL USE ONLY products, you would need a Small Business Commercial Use License.
• Customized web graphics, blog headers, and banners

• Digital Scrapbooking
You may sell digital products created with Tawana Simone products as long as the items are not sold AS IS, you must create a derivative product. If you are unsure what a derivative product is, please email Tawana Simone. You may not use Tawana Simone  products for resale if indicated as PERSONAL USE ONLY. You may use all products for digital scrapbooking for PERSONAL use.

• Digital Scrap-for-hire
You may use Tawana Simone products to create digital scrapbooking layouts for hire if it is a Small Business Commercial Use product. You may not use products that are for personal use only.

• Teachers
You may use products for your classroom and for course materials that you are teaching. You make create items for sale as long as they are derivative finished products.

You May Not:

•  You may NOT resell or include products in a download as is (unless otherwise specified), all copyrights are retained by Tawana Simone. You may use the image(s) to create derivative finished products, as long as you are a small business. If you are a large business, you will need an extended commercial use license to use the image(s) for commercial gain. Please email Tawana Simone for details. info@tawanasimone.com

• Templates, blanks, or other products that are offered for sale where the customer can customize it themselves.
• Selling products as is or assembled into a printable sheet and sold without creating a derivative product. Simply placing an image onto a new printable sheet is not considered a derivative product. Unless otherwise specified.

•You may NOT claim the illustration(s) and or image(s) is your own work.

These examples are not complete lists, but are guidelines of correct/incorrect usage. Other situations may require the purchase of Extended Commercial licenses. When in doubt, email me and we can discuss the situation or desired usage license.

Small Business Commercial Use Product Copyright Statement

Licensee (the commercial customer/the individual who purchased the product) hereby acknowledges that Licensee is licensing the graphic images/software for commercial use as described.
Licensee hereby agrees to pay liquidated damages to Licensor (copyright holder) for any non-allowed commercial use. In addition, should Licensor incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, Licensee agrees to reimburse Licensor for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties’ best interest to have determined the amount of such reasonable liquidated damages.
The files contained in this e-file are the product of and the copyright is held by Tawana Simone and are being distributed by Etsy and or Creative Market. The Licensee may use, copy and modify these files for their own small business use according to these terms: They may design derivative* work that they will personally sell or profit via sales to individuals as a result of their design work using the licensed materials.
They may design for outside companies (partnerships, LLCs, corporations) of which they are not a permanent employee. This outside company may not, in turn, make profit from or redistribute the design work. Exceptions made for product usage with permission and approval.
They may not turn the derivative designs over to any company permanently for any reason.
They may not use the files for design work that will be turned over to another company or individual with the intention that the other company or individual will resell or license the derivative work.
If you need additional commercial licensing not covered in “SMALL BUSINESS LICENSE” commercial use please contact Tawana Simone via email at info@tawanasimone.com

*YOU MAY NOT resell the products as is, all copyrights are retained by Tawana Simone.
You may not sell, loan, rent, or distribute the designs via any method to any individual or company in their original state.
You may not claim Tawana Simone products as your own work, altered or unaltered.
You may not sub­license, resell, rent, lend, or otherwise distribute the graphics you purchase.
You may not create unapproved items without contacting Tawana Simone for approval.
You may not make large quantities of your “handcrafted” or personalized items. To qualify for the limited commercial terms, your finished product must not be produced by a 3rd party company. Basically, anyone but yourself (A small home based business owner.) for your OWN small business.(Exceptions made for product usage in art for resale with permission and pre-approved by Tawana Simone Exceptions also made for printing)
You may not use Tawana Simone products to create and sell similar digital graphics, scrapbooking graphics, patterns, fonts, Clip Art.
You may not use for mature content or advertising / websites / blogs etc. related to pornography, hate groups or violent organizations.

If you have any questions please feel free to contact at info@tawanasimone.com

 

 All rights reserved. Please ask permission to use any images and content, contact via email: info@tawanasimone.com Thank you kindly! 😊