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Whimsy Clips - Standard License Agreement

 

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:  Personal Educational Use (things that are used in and around the classroom/school and don’t earn a profit)
  5. Section Five: Commercial Educational Use (educational items that you make and/or sell to earn a profit)
  6. Section Six: Commercial Use (for entrepreneurs and small businesses who create products to earn a profit – excluding publishers and manufacturers)
  7. Section Seven: Disallowed Uses (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.

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.

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

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.

Whimsy Clips illustrations may not be posted on the Internet in their original form. Please read more about this under “What is Not Allowed”.

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Section Two: Attribution (giving credit and how)

Commercial credit is required on ALL digital products (free or paid) in the form of a clickable link back to Whimsy Clips. 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)

Almost anything for personal use is fine. A few examples are:

  • 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 YouTube or Vimeo

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Section Four: Personal Educational Allowed Uses (things that are used in and around the classroom/school and don’t earn a profit)

  • Personal classroom activities, worksheets, and games
  • Personal classroom Smart Board lessons and PowerPoint presentations
  • Personal classroom decorations, wall décor, labels, binder covers, wall posters
  • Classroom or school communication such as letters, letterhead, posters, signs, programs, flyers
  • Classroom or school printable projects
  • School yearbooks (including yearbooks that are sold to students/families to recover the cost of printing)

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Section Five: Commercial Educational Allowed Uses (educational items that you make and sell to earn a profit)

  • Educational lessons and activities sold for a profit on Teachers pay Teachers, Teachers Notebook, websites, and blogs. Commercial credit is required (see above). All images must be secured in a pdf file
  • Free Educational lessons and activities on Teachers pay Teachers, Teachers Notebook, websites, and blogs. Commercial credit is required (see above). All images must be secured in a pdf file
  • Smart Board and PowerPoint usage is permitted as long as the images are flattened as part of a background and not loose in the file
  • Video such as YouTube or Vimeo

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Section Six: Commercial Allowed Uses (for entrepreneurs and small businesses who create products to earn a profit)

*Commercial use does not extend to manufacturers, publishers, large corporations or mass production. If you are a manufacturer or publisher please contact Whimsy Clips in regard to appropriate licensing.

  • Small business signage such as notices. The images must compliment the text.
  • Commercial educational products such as worksheets, etc. on Teachers Pay Teachers, Teachers Notebook, websites, blogs. (See above under Commercial Educational Use)
  • Small handcrafted items that are sold for a profit such as handmade greeting cards, invitations, and postcards
  • Menus, stationery items, posters, postcards, bookmarks, mugs, mouse pads, business cards, ornaments, and glassware
  • Advertisements in newspapers and other print publications
  • 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 Seven: (rights that are not included in this license agreement - this is a non-exhaustive list)

What is NOT allowed in a Standard License Agreement:

  • Internet Usage: You may not display an image on the Internet (whether it’s a blog or website) in its original form. 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
  • 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 website or blog templates, graphic templates sold for profit or used for commercial purposes
  • Digital greeting cards
  • 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, pages containing a single image that are not incorporated into a design. There is more info on this in the FAQ on Whimsy Clips website
  • You may not resell, share or distribute the clip art
  • The illustrations may not be used on online presentation sites of any kind
  • The illustrations may not be used at print on-demand sites

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Additional Notes:

  • The License agreement can be found on Whimsy Clips website: HERE
  • Whimsy Clips reserves the right to update or amend the Standard License Agreement without further notice
  • 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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