Terms of Use

DMCA.com Protection Status

Due to the electronic nature of the file, NO REFUNDS will be given. However, if for any reason you are unhappy with the design, please contact me as I am always happy to help!

These applique embroidery designs are not to be altered, resold, resized, or changed in any way. There is no guarantee what the quality of the design will be if it is altered.


COPYRIGHT STATEMENT:
HoopMama Designs, LLC owns the copyright to this file. By purchasing you are agreeing to the following terms and use:

You may use our designs to make and sell items for personal use or your business use. You MAY NOT resell this design or use any part of it to create other designs for purchase.

All items include small business use up to 200 uses. Please contact us for information on extended licenses.

Items must be assembled by the owner of the business and cannot be outsourced or mass produced.

 

License Terms

Welcome to HoopMama Designs, LLC, a website located at www.hoopmama.com (the “Site”) and operated by HoopMama Designs, LLC (“HoopMama Designs, LLC”, “us”, “our”, and “we”). HoopMama Designs, LLC provides the Site and services provided through the Site (“Services”) including handmade craft and business services.

 

This license agreement (“Agreement”) covers your use of the downloadable files on our Site and Services, including SVG (Scalable Vector Graphics) images (collectively, the “Item” or “Items”). Through this Agreement, we licence use of the Items to you on the terms of this Agreement. We do not sell the Items to you. We, or our licensors, remain the owners of the Items at all times.

Terms of Use and Privacy Policy

By accepting this Agreement, you also accept our Terms of Use (located at www.hoopmama.com/terms) and Privacy Policy www.hoopmama.com/privacy). Our Terms of Use set forth the legally binding terms for your use of the Services. Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy.

Our Intellectual Property Rights

All Items available on the Site are protected by United States and international copyright laws and treaties. You acknowledge that all intellectual property rights in the Items anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Items are licensed (not sold) to you, and that you have no rights in, or to, the Items other than the right to use them in accordance with the terms of this Agreement.

 

Copyrights to all designs remain our property. Unless you have commercial license, the designs are licensed to you only for personal use as a single user, not for resale, exchange, or commercial distribution.

 

We take the protection of our copyrights and other intellectual property rights very seriously. If we discover that you have used our copyright materials in violation of this Agreement, we are entitled to bring legal proceedings against you. During such a proceeding, we have the right to seek monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay attorney’s fees.

 

Due to the increasing frequency of trademark registration applications and infringement allegations, you are responsible for researching trademarks on all items created to sale with our designs. You agree not to hold us responsible for any trademark infringements resulting from items you created with our designs.

Grant and Scope of License

In consideration of payment of an agreed fee and you agreeing to comply with the terms of this Agreement, we grant to you a non-exclusive, non-transferable licence to use, modify and reproduce the Items royalty-free worldwide, in perpetuity, as expressly permitted by this Agreement and subject to the terms set forth in this Agreement.

 

Under this Agreement, you agree to keep all copies of Items secure and to maintain accurate and up-to-date records of the number and locations of all copies of Items. If you are a business, you also agree to supervise and control use of the Items and ensure that the Items are used by your employees and representatives in accordance with the terms of this Agreement.

 

Our Services may offer Items as a part of a subscription membership. Licenses associated with Items purchased during your membership period are granted in perpetuity and are not withdrawn upon cancellation or termination of membership.

 

There are additional restrictions based on the type of license you purchase.

 

Royalty-Free License

 

Under this royalty-free license, you pay for the Items only once, and then you can use it as many times as you like subject to the restrictions in this Agreement. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 200 copies. This license is granted in perpetuity and it is valid worldwide.

 

The Royalty-Free license is granted only for the non-watermarked Items you buy from our site. This Agreement does not apply, and this license does not extend, to all other versions of the Items (small watermarked and non-watermarked thumbnails) that may be visible on the Site.

 

Items downloaded under this license may be used to make fine art prints and handmade crafts, to illustrate and visually enhance website pages and headers, magazine pages and articles, newspapers, books, ebooks and booklets, book/ebook covers, flyers, blog articles, newsletters, documentaries and motion pictures, application software (apps), social media posts and any other advertising and promotional material, in either printed or electronic media, as long as the end product in which the Items appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the Items in a correct way, please email us at info@hoopmamadesigns.com.

 

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the Items in an essential manner, intended to be sold are considered redistribution (if the Items is used in an essential manner). The use of Items for these purposes under the regular Royalty Free license is not permitted. It is forbidden to make the Items available on a website for download (as wallpapers for example), although you may use the Items in a concept in as many websites as you want, for any number of clients. For web use, you must not use the Items at a width exceeding 1080 pixels unless it is included in your site’s design. If the Items are a part of a design and manipulated accordingly, the Items width can be higher than 1080 pixels.

 

If you use the Items for printed or handcrafted materials, the number of copies must not exceed 200. You may modify the Items in any way required for reproduction, or include them in your own personal creations.

 

You may not claim Items as your own, and you may not sell, license for use, or in any way distribute the Items for reuse. We encourage and would appreciate that you credit us when you use the Items. Giving such credit benefit us and our community, of which you are an integral part. And it helps increase your success as part of the community, which, by growing contributions, gains quantity and quality.

 

License for Free Items

 

We may offer Items for free on our Site. Items downloaded for free section may be used under the terms mentioned under this Agreement, with a single additional restriction: the maximum amount of physical copies in any form is limited to 200 copies.

 

Enhanced License

 

We may offer enhanced licenses on our Site. Enhanced licenses provide all the rights granted in a standard license and remove the 200 copy restriction.

 

Extended License

 

We may offer extended licenses on our Site. Extended licenses provide all the rights granted in an enhanced license, remove the 200 copy restriction, and allow you to create products for resale.

 

Editorial Use Only License

 

We may offer editorial use only licenses on our Site. Items marked as “for editorial use only“ may be used in a newspaper article or a magazine, but they not be used for promotional projects of any kind.

Use Restrictions

The Images, or parts thereof,  are not to be used in or as a logo or as a trademark or service marks. Images may not be used for pornographical, criminal, reputation-damaging, or humiliating purposes. Any retouch or image editing of the Images must not damage the reputation of the photographer, designer, or model.

Indemnification

You agree to indemnify us and keep us indemnified against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of your breach of any terms applicable to your use of the Items.

Termination

You may terminate this Agreement at any time. There will be no refund for any unused Items.

 

We may suspend and/or terminate this Agreement and your right to use the Items immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

 

Upon termination for any reason, all rights granted to you under this Agreement will cease. You must immediately cease all activities authorized by this Agreement and delete all copies of the Items. You must immediately pay to us any sums due to us under this Agreement.

Communication

If any condition in this Agreement requires you to give us notice in writing, you can send this to us by email at info@hoopmamadesigns.com. We will confirm receipt of this by contacting you by email.

 

If we have to contact you or give you notice in writing, we will do so by email.

 

Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website or twenty four (24) hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

Last Updated

This Agreement was last updated on July 16, 2017.

 

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