MtA Personal Use TOU

MtA Image & Photography Personal Use TOU

These terms apply to all graphic Hobbyists... Including but not limited to signature tag makers, stationary and web set makers, website designers and MySpace or other social network users. You must understand and abide by these terms when using the digital artwork of any artists represented by Mistaken Art. You are advised that these terms are strictly enforced and violations will be reported and evaluated by our attorneys. All accounts are taken seriously when our terms are violated.

License numbers may be suspended or revoked if these terms and conditions are not followed, this includes the terms of use and conditions of a valid license number. No refunds for purchases will be given if your license is suspended or revoked for non-compliance with our TOU's or terms and conditions as stated. We reserve the right to pull your license number for any of, but not limited to the following:

Possession of images you do not have a license to hold - Slander inside MTA Groups - Harassment of a member or staff - Email harvesting - blatant copyright violations.

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MTA Personal Use TOU

1. No MTA Artist/Photographer image, composition or product may be sold, bartered or used for profit or "break even" endeavors in any way OR used in association with any site "requiring" membership fees to join, UNLESS You purchase a Commercial license per image desired.

2. All MTA Artist/ Photographer images and tube creations MUST be credited in the following manner:

©Artists / Photographer name, www.artists url.com, ( your MTA license number )

MtA PTU/FTU TUBES OR IMAGES CAN NOT BE LARGER THAN 525 dpcm ON ITS LONGEST SIDE WITH A RESOLUTION SETTING OF 72 dpi/ppi WHEN USED IN TAGS AND OTHER GRAPHICS PROJECTS.

ALL MtA ARTISTS ALLOW FULL ANIMATION UNLESS STATED SO IN INDIVIDUAL ARTISTS' TERMS OF USE.

MtA ARTISTS THAT DON'T ALLOW FULL ANIMATION:

©Rita Kirby FTU Poser Artist

ALL MtA ARTISTS ALLOW LIMITED COLOURIZATION TO MATCH TAG CREATION, SEPIA, ETC. ::: NO COLOURING OF BITS ON THEIR OWN

MtA ARTISTS THAT ALLOW FULL COLOURIZATION:
©Andrew Sussmann PTU Skin & PinUp Artist

NO ADDING OF ELEMENTS TO ANY MtA ARTWORK (ie. Hats, Wings, Horns, Skirts, FrankenDolling, etc.) UNLESS STATED SO IN INDIVIDUAL ARTISTS' TERMS OF USE.
*None to List at this time*

NO BLANK TAGS ALLOWED. TAGS MUST HAVE "DOMINANT TEXT" : A Personal Name, The Artist's Name, A Company/Site Name, an 'Extra' or 'Snaggable' Phrase (ie. Hello, Thank You, Checking In, etc.). Copyright Info alone DOESN'T count as Dominant Text. WordArt alone DOESN'T count as Dominant Text because Your Beautiful work can then be too easily modified and distributed and who knows what else!

MSN Groups have Closed - Please Be sure to add the URLs to your tags created while in MSN Groups. ALL Tags MUST have URLs on them. A Tutorial Example, Banners, Headers for a Website, etc. are considered a "Tag".

• Your MTA license number MUST be clearly legible on all of your digital creations. This includes, but is not limited to tags, stationary, web sets, MySpace pages or other social network pages, personal websites, other website layouts or skins, banners and any other digital means of design.

• You MAY put tubed by ____ or tagged by_____ and your watermark on your tags however you MAY NOT put a copyright symbol next to your name.

• You MAY NOT place your personal, group or website URL on your tags.

• You MUST place the Artist / Photographer URL on your creation.

• You MAY add group links along with all other necessary copyright information to the BOTTOM and or FOOTERS of stationary you create. No links ( with the exception of the artists link ) are allowed to be placed on or near the top of the stat where the "main design" is contained.

• You MAY add credit for scrap kits and backgrounds in the following manner: scrap kit by______ , render by_______ or background by_________.

3. You MAY NOT receive monetary compensation for tubes or images, tags, stationary or web sets of any artist with MTA. Again, unless you purchase the item individually in our CU Gallery.

4. You MAY NOT share tubes or images in anyway be it via email, disk, file sharing site or any other known methods of file sharing.

5. You MAY NOT have another individual tube images for you.

6. You MAY NOT �mix� Artists from MTA From any other licensing company in your creations however you MAY mix pieces from the same Artist. You may also, Use Photos and fractals licensed at MtA With other licensed ART from MtA Only.

If using 2 MtA PTU Artists, The copyright goes with the PTU 'Primary' Artist .

If using MtA PTU Artist with MtA FTU Artist, The copyright goes with the MtA PTU Artist.

If using MtA FTU Artist with MtA Scrapkit Designer, The copyright goes with the MtA FTU Artist.

7. You MAY use stock photography with MTA artists in your creations as long as the stock photography does not require copyright (©) credits or a url (website). If the stock photography requires general credit you MAY add that credit as follows:

Example: Photo courtesy of Stock Photos R Us.

The following example would NOT be allowed:

Photo©Snapshotsrus, www.snapshotsrus.com, XXXXXXXX

8. Any stationery (stats) created featuring MTA Artists or Photographers MUST contain copyright credits in two places.

1. By the actual artwork on the stat.

2. In the credits at the bottom of the stat

• Outlook Express Stationery- You may Use MTA Art and Scraps for sideborder and Header Only Stats. You must however Credit as Follows:

MTA Artist Copyright - MTA LICENSE - Tagged By - OE Stat Only

9. You MAY NOT print any images, tubes or creations made from MTA Artists/ Photographers works. The digital art and photography provided by MTA is FOR ONLINE USE ONLY. This Includes Commercial Licenses.

10. If a MTA image or tube is used in the creation of a PSP Tutorial you must credit the "artist" and "Mistaken Art" in the description of the tutorial along with normal copyright credits on the tag that is created from the tutorial. Here is what you must include somewhere in the type-written instructions of the tutorial:

Artwork ©"Artist"

In order to use the image in this tutorial you MUST purchase it from Mistaken Art www.mistakenart.com .

10 Simple Rules :) Please be sure to follow them, to ensure our Artists get the credit they deserve for their hard work.

Thanks!

MisTaken Art Staff

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MisTaken Art Yahoo Groups

ANY PERSON REQUESTING TO JOIN AN MTA FTU ARTIST GROUP IS GRANTED OR DENIED ACCESS AT THE DISCRETION OF THE MTA ARTIST AND MTA ADMINISTRATORS.

ANY PERSON WHOSE MTA LICENSE HAS BEEN SUSPENDED MUST STOP CREATING WITH ANY/ALL MTA ART IMMEDIATELY.

IF THAT PERSON RE-APPLIES FOR ANOTHER *FREE* MTA LICENSE NUMBER THE SUSPENSION TIME PERIOD WILL BE EXTENDED OR ORIGINAL LICENSE WILL BE REVOKED AND THEY WILL BE BANNED FROM MTA IN ITS ENTIRETY.

ANYONE FOUND TO BE ASSISTING A PERSON WHOSE LICENSE HAS BEEN SUSPENDED/REVOKED TO OBTAIN MTA ART WILL HAVE ALL THEIR LICENSES REVOKED AND BE BANNED FROM MTA IN ITS ENTIRETY.

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MtA Commercial Use TOU

When you purchase any actions or scripts for Commercial use, you must follow these rules when creating from them, or using them in your online ventures.

MTA Commercial Use resources are intended for use by hobbyists and small businesses.

MTA Commercial Use items MAY NOT be redistributed in their original form by any means. You MAY distribute the items you make using these resources.

If you have any questions please contact MTA before purchasing. MTA reserves the right to cancel and revoke ANY License number found using these images against MTA Terms of Use. This End User License Agreement (the "Agreement") is a binding legal agreement between the person or organization that purchases a commercial use product ("you") and MTA (mistakenart) including any of the files found in this Item you agree to be bound by the terms of this Agreement.

DO NOT mix your Commercial Use license, with your Personal Use license. This will result in immediate license suspension. Only one license number can appear on your project.

Personal Use items MAY NOT be used on any commercial project. Scrap kits using commercial use items can be mixed with personal use images for the purposes of making tags etc (for personal use) as the Commercial license number would not be required on the tag.

1. You MAY use these items to create your own scrap kits, scrap for hire pages, element packs, quick pages, brag book pages, etc. You may sell the items you create. With the exception of scrap kits and element packs, finished products should be a single layer file.

2. You MAY NOT sell any MTA designer resource "AS IS" - you must make something with it and it should be heavily modified from the original resource.

3. You MAY NOT claim these resources as your own. The copyright for the resource remains with the person who originally created it.

4. When making Websets, Logos, or any other "graphic designing item" credit for the resource designer is not required on your project but your license number (MTA-CXXX) is required and this should be clear and legible. In the case of a scrap kit or element pack, it is not practical to put your license number on each element. Your license number should be included in your kit Terms of Use with a credit to the resource maker (see point 5).

5. Credit to the resource maker is required either in your Terms Of Use or in your store (preferably both). It is good form to include a Terms Of Use and Credits with your project. This ensures that the people using what you have created understand any limitations there are upon their use and have an easily accessible copy of those requirements. If giving credit in your store, the credit must be as part of the item description. By giving credit you reduce the chances of someone reporting you for a supposed copyright violation. An example of an appropriate credit is -

The *scrap element* was made using *resource title* by *designers name* which you can purchase from MTA. Your license number.

6. If your intended use is outside the scope of these terms please contact MTA for clarification or permission.

This End User License Agreement (the "Agreement") is a binding legal agreement between the person or organization that purchases a commercial version product ("you") and MTA ( mistakenart) including any of the files found in this Item you agree to be bound by the terms of this Agreement.
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