Whimsy Clips is licensed by many professions and used in many niches and I've tried to cover an extensive number of uses in the license. Please review the license terms below. I've tried to break it down so it's easy to find your desired use. If you have questions or a use that's not covered in the license please feel free to contact me.

Please be reminded that Whimsy Clips images are not web graphics and may not be posted on web pages.

 

A Standard License Agreement includes usage for personal, educational and commercial use. The rights in which the illustrations can be used for each usage according to the Standard License Agreement are listed below.

The license agreement is between the licensor and the licensee and is non-exclusive, non-transferable and non-assignable. The license does not extend to publishers or manufacturers.

Table of Contents:

  1. Section One: Important Legal Notes (information regarding the use of the illustrations)
  2. Section Two Attribution (giving credit and how)
  3. Section Three: Personal Use (items for personal use that don’t earn a profit)
  4. Section Four:  Commercial Use (for entrepreneurs and small businesses who create products to earn a profit – excluding publishers and manufacturers)
  5. Section Five: Disallowed Uses (non-exhaustive list of rights that are not included in this license agreement)

Section 1: Important Legal Notes

You may not resell, share or distribute the clip art. You may not sell the clip art as a standalone product. The clip art must be used as a design element (part of the overall project design) of your personal and commercial projects. A design element is integrated with and compliments text and other design pieces on a page or project to create a new design/material and cannot be the main and/or only component. Furthermore, a design element consists of more than placing a border around an image or placing multiple images on a page.

You may not use the artwork in a platform or program where the artwork is not secured or does not prevent others from taking, lifting, downloading, copying, saving, or removing the images. Additionally, regardless of format, the images may not be loose in any file nor on any platform or program that has not been approved by Whimsy Clips and included under the allowed uses listed in Whimsy Clips Standard License. Furthermore, the images cannot be posted, used or displayed in such a way that they can be cataloged or indexed by a search engine.

Whimsy Clips illustrations may not be posted on the Internet in any format. Please read more about this under “Disallowed Uses”.

Whimsy Clips retains all copyright to the clip art images. You may not claim the clip art as your own. You may not copy the clip art designs to create your own clip art. You may not use the clip art to create graphic designs or to create graphics-based products.

The permitted uses listed in Whimsy Clips Standard License Agreement is an exhaustive list of permitted uses.

Upon each purchase of a license it is recommended that you review the license to ensure your desired usage falls in line with the rights and permitted uses listed in this agreement.

If the Standard License Agreement does not include a desired permitted usage please contact Whimsy Clips to discuss the possibility of an extended license for your desired use.

You may terminate the agreement by discontinuing past and current use of Whimsy Clips illustrations. Failure to comply with the terms of the Standard License Agreement may result in the license being terminated at the sole discretion of Whimsy Clips.

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Section Two: Attribution (giving credit and how)

Attribution

  • Commercial credit is required on ALL digital products (free or paid) in the form of a clickable link back to Whimsy Clips store. This can be done by creating either a text link or by linking to one of the logos in the zip file.
  • Commercial credit is required on ALL tangible products where appropriate. Credit to Whimsy Clips in the form of a copyright notice is sufficient.

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Section Three: Personal Allowed Uses (items for personal use that don’t earn a profit)

Personal Use

  • Personal scrapbooking, greeting cards, invitations, calendars, bookmarks, printable projects, personal crafts, flyers, brochures, notices, announcements, t-shirts
  • Wedding, birthday, and party items such as party supplies and décor such as cake toppers, wrappers etc.
  • Non-profit items for non-profit organizations
  • Videos such as on YouTube or Vimeo

 

 

Personal Classroom Use

  • Personal classroom activities, printable projects, worksheets, and games.
If you are creating things that only you will use in your classroom you can skip this step - BUT If you share a file you create with a team member, parent, school, or anyone else, or post on your school page or anywhere online, then all images must be secured in a PDF file with a password that prevents, saving, copying, or lifting the images. Whimsy Clips provides a tutorial on how to do this HERE.

 

  • Personal classroom Smart Board lessons, PowerPoint , SeeSaw -

If you are creating things that only you will use in your classroom you can skip this step - BUT If you share a file you create with a team member, parent, school, or anyone else, or post on your school page or anywhere online, then the images must be flattened as part of the fixed slide background AND NOT LOOSE - (Whimsy Clips provides a tutorial on How to Create a Flattened Background HERE and how to properly insert the background into the PowerPoint slide HERE )

 

  • Personal classroom use in Google Slides, Google Classroom. 

If you are creating things that only you will use in your classroom you can skip this step - BUT If you share a file you create with a team member, parent, school, or anyone else, or post on your school page or anywhere online other than Google Classroom, then the images must flattened as part of the fixed slide background AND not loose in the file. (Whimsy Clips provides a tutorial on How to Create a Flattened Background HERE and how to properly insert the background into Google Slides HERE.)

 

  • Boom Card activities.
  • Personal classroom decorations, wall décor, labels, binder covers, wall posters
  • Progress reports and report cards
  • Classroom or school communication such as letters, newsletters, letterhead, posters, signs, programs, flyers
  • School yearbooks (including yearbooks that are sold to students/families to recover the cost of printing)

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Section Four: Commercial Allowed Uses (or entrepreneurs and small businesses who create products to earn a profit – excluding publishers and manufacturers)

 

Educational Commercial Use

  • Educational lessons, classroom centers, and activities sold for a profit on Teachers pay Teachers, websites, and blogs. Commercial credit is required (see above).
All images must be secured in a PDF file with a password that prevents saving, copying, or lifting the images. Whimsy Clips provides a tutorial on how to do this HERE.

     

    • Color-by-code - All color-by-codes must be non-editable and contain educational content on top of the image such as numbers and letters to stamp out the image and flattened into the image.
    All images must be secured in a PDF file with a password that prevents saving, copying, or lifting the images. Whimsy Clips provides a tutorial on how to do this HERE.

       

      • Free educational lessons and activities on Teachers Pay Teachers, websites, and blogs. Commercial credit is required (see above).
      All images must be secured in a pdf file with a password that prevents saving, copying, or lifting the images . Whimsy Clips provides a tutorial on how to do this HERE.

       

      • Digital Lessons for TpT Easel are permitted. TpT Easel products must contain educational content and instruction and cannot be a blank template. Moveable pieces are permitted under the Standard License for TpT Easel. No additional license is required for TpT Easel.

       

      • Digital educational lessons and activities for Smart Board, PowerPoint, Google Slides, Google Classroom. The images must flattened as part of the fixed slide background AND not loose in the file. These types of files must contain flattened, non-removable, non-editable educational content and not contain only graphics per the design element requirement. Text boxes placed on top of the flattened slide for the sole purpose of allowing students to enter their answers is acceptable. (Whimsy Clips provides a tutorial on How to Create a Flattened Background HERE and how to properly insert the background into the PowerPoint slide HERE  or how to properly insert the background into Google Slides HERE.)

       

      • Digital Lessons for Boom Cards are permitted. Moveable pieces are permitted under the Standard License for Boom Cards. No additional license is required for Boom Cards.

       

      • Educational lessons, classroom centers, and activities for SeeSaw that are sold for a profit on TeachersPayTeachers. All images must be secured in a pdf file with a password that prevents saving, copying, or lifting the images.

       

      • Digital Lessons created within SeeSaw platform and used within SeeSaw platform only. You may not sell or give files to buyers or another party with loose image files. You may not sell or give the buyer a file that gives them possession of Whimsy Clips images. Interactive SeeSaw lessons are permitted with Whimsy Clips images ONLY IF the activity is transferred from your SeeSaw library to your buyers SeeSaw library. This ensures the images remain secure and that you are compliant with these terms and are NOT selling or distributing images in violation of this agreement.

       

       Other Commercial Use

      • Small business signage such as notices such as open and closing signs, business hours, etc. The images must compliment the text and be integrated into a design.
      • Small handcrafted items that are sold for a profit such as handmade greeting cards, invitations, and postcards and meet the design element requirement
      • Printed menus, stationery items, posters, postcards, bookmark, business cards and meet the design element requirement 
      • Ornaments, glassware, mugs, mouse pads, and that meet the design element requirement
      • Advertisements in newspapers and other print publications
      • School yearbooks
      • Digital advertisements. The clip art used must be part of the overall advertisement design.
      • Printed promotional projects for your small business such as flyers, newsletters, brochures, catalogues
      • Video such as YouTube or Vimeo
      • Blog or website headers that are not sold – the image must be part of the overall design and implemented in a way so that the clip art used in the header cannot be stolen, preferably at 72dpi jpg. (Clarification: A header is an actual image that contains design elements such as words and images, which are flattened as one design)

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      Section Five: What is NOT allowed in a Standard License Agreement: (rights that are not included in this license agreement – this is a non-exhaustive list)

      Disallowed Uses

      Internet Usage: You may not display an image on the Internet in any format and for any reason (whether it’s a blog or website). This is strictly prohibited.

      • You may not use Whimsy Clips illustrations to directly or indirectly infringe on the intellectual property of another party including without limitation copyright, trademark, service mark or other intellectual property
      • You may not use the clip art to make political statements or social commentary in any format or medium including without limitation online, social media, or tangible printed formats
      • You may not use the clip art in a derogatory or defamatory manner
      • The clip art may not be used as a part of a business logo, trademark, or service mark
      • Standalone Images (isolated graphics) as mentioned in the legal notes above
      • The clip art may not be used as part of a scrapbook kit, embroidery designs, rubber or digital stamps, or SVG cutting files sold for a profit or used for commercial purposes
      • T-shirts, clothing, board games, diaper products, stickers, puppets
      • Digital collage sheets, papers or backgrounds, digital greeting cards, graphics, graphic design, graphics-based products
      • Digital website or blog templates, graphic templates, editable templates sold for profit or used for commercial purposes
      • iPhone, iPad, Android, Tablet, Facebook or Tiny Tap apps, software design, or embedded in software programs or websites
      • You may not recolor or alter the images
      • The clip art may not be used in products sold to manufacturers, large corporations or mass-produced including but not limited to published books and workbooks
      • Coloring pages are not permitted for commercial purposes. There is more info on this in the FAQ on Whimsy Clips website
      • The illustrations may not be used to illustrate books sold for a profit
      • You may not resell, share or distribute the clip art
      • The illustrations may not be used on online presentation sites or print on demand sites of any kind

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      Additional Terms:

      • "Non-transferable" as used herein means that except as specifically provided in this Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the images, the right to modify the images or the right to create their own work with the images. Non-transferrable also means you may not incorporate the clip art images into a product such as to encourage a third party to modify any portion of the product after the third party purchases your product, including but not limited to providing a third party with an editable file containing the clip art images.
      • Whimsy Clips reserves the right to update or amend the Standard License Agreement. Whimsy Clips will post a notice on its website when terms are updated. The licensee agrees to be bound by any update to the terms of this license.
      • This Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina, which the parties agree shall be the sole and exclusive jurisdiction for any suit or cause of action based upon or arising out of this Agreement. The parties further agree that the venue for any suit or cause of action based upon or arising out of this Agreement shall be New Hanover County, North Carolina.
      • If, after the date hereof, any provision of this License Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable under present or future law, the remaining provisions of this agreement shall be fully enforceable.

       

       

      Additional Notes:
      • The License agreement can be found on Whimsy Clips website: HERE
      • Additional questions and answers can be found in the FAQ section on the Whimsy Clips website
      • If you have questions or need clarification you can contact Whimsy Clips  using the contact form

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