Terms of Use

TERMS OF USE AGREEMENT FOR Of Love & Shiplap Updated 01/01/2022 The following Terms and Conditions apply to all digital products created and sold by Of Love & Shiplap. By purchasing a digital product, the buyer acknowledges and agrees to the following terms of use. This document is legally binding and will be referred to in event of a dispute regarding breach of these terms. LICENSING The purchase or download of a digital product created and sold by Of Love & Shiplap, grants the buyer is a LIMITED USE LICENSE AGREEMENT  beholden to the Terms of Use outlined below. Of Love & Shiplap retains all intellectual property rights and ownership of digital products sold. The buyer may not claim any digital product as their own, resell or distribute otherwise. The buyer is not granted any intellectual property rights to use or distribute digital products at their discretion; all items are licensed and bound by this terms of use. TERMS OF USE FOR COMPLETED DESIGNS DEFINITION: Completed designs are digital products that contain graphic elements and text; filled templates and monogram sets which stand alone. Of Love & Shiplap categorizes and labels completed digital products accordingly to prevent confusion. ALLOWED USAGE FOR COMPLETED DIGITAL DESIGNS

• Buyer CAN print digital product for purpose of creating apparel, décor, accessories, or similar physical goods for personal use.
  • Personal use is defined as creating products in-house not be resold for profit. There is no print limit for this option.
• Buyer CAN print digital product for purpose of creating apparel, décor, accessories, or similar physical goods for business use under 10,000 prints.
  • Business use is defined as creating products in-house to be resold for profit at wholesale or retail rates.
• Buyer CAN print and sell transfers for use in apparel, décor, accessories, or similar physical goods creation, as dictated by the terms below.
  • A transfer is defined as a physical print in toner, direct to film, plastisol/screenprint, ecosolvant ink on vinyl or dye sublimation ink which is delivered to the buyer’s customer and sold for a profit at wholesale or retail rates.
• Buyer CAN outsource printing of digital product on physical goods to any small to medium print fulfillment business.
  • A small to medium print fulfillment business is one defined as locally owned/family-owned and operated.
    • Less than 25 employees.
    • Must be within buyer’s country of origin.
    • Must not be in China, Japan, India, Mexico or Thailand.
    • Must not be flagged as a third party mass printing service such as Printful, Printify, Spoonflower, Amazon Merchant Services, Sawgrass Go Expressions, Teescape, Shirtly, Cafepress, Zazzle or similar.
  • Buyer CAN create laser-cut items from completed digital products and sell the laser cut item, but not the digital product.
    • Buyers who create laser-cut items must provide customers with link to digital product for print purposes.

UNALLOWED USAGE FOR COMPLETED DIGITAL DESIGNS

• Buyer CANNOT resell completed digital product in part, whole or as part of a new design.
• Buyer CANNOT claim ownership or intellectual property rights to any digital product.
• Buyer CANNOT share, donate or freely give away digital products in any manner.
• Buyer CANNOT print digital product in mass production runs of 10,000+ items.
• Buyer CANNOT use any third party printing or fulfillment platform for physical goods or transfers that is flagged as a mass production company such as Printful, Printify, Spoonflower, Amazon Merchant Services, Sawgrass Go Expressions, Teescape, Shirtly, Cafepress, Zazzle or similar. For transfers, this includes Howard’s Transfers, Transfer Express, 613 Originals, FM Expressions and similar mass production companies.
• Buyer CANNOT use any design on a digital downloadable print product such as day planner pages, calendar pages, educational worksheets, invitations or similar use that is not a tangible piece of merchandise.

MODIFICATIONS TO COMPLETED DIGITAL DESIGNS

• Buyer CANNOT make modifications to the digital product.
  • Modifications are defined as any changes that alter the original digital product.
• Buyer CANNOT remove any text the original digital product.
• Buyer CANNOT change the color of any text or element layer in the digital product.
• Buyer CANNOT extract any digital element(s) or layers from digital product to use independently of the original design.
• Buyer CANNOT modify the digital product to new formats [vectorization] for other uses such as embroidery or layered vinyl applications.
• Buyer CAN add text, backgrounds or other elements to the original digital product as they deem fit for suitable tangible product creation. Adding text, backgrounds or other elements to the original digital product DOES NOT grant permission to sell or share in any digital format.

TRANSFER PRINTING LICENSE All digital products created and sold by Of Love & Shiplap include unlimited in-house transfer printing license. Acceptable third-party printing for transfers must be a small to medium print fulfillment business. This is defined as locally owned/family-owned and operated. Additionally:

• Less than 25 employees.
• Must be within buyer’s country of origin.
• Must not be in China, Japan, India, Mexico or Thailand.
• Must not be flagged as a third party mass printing service such as Howard’s Transfers, Sawgrass Go Expressions, FM Expressions, 613 Originals and Transfer Express or similar.

EMBROIDERY/DIGITIZERS/VINYL PLOTTERS Digital products from Of Love & Shiplap are sold in flattened PNG format. Buyer CANNOT digitize/vectorize or otherwise change file format for use with embroidering machines or layered vinyl. TEACHERS/EDUCATORS Buyer CAN use digital products for personal use in digital games, educational worksheets or other educational uses. Buyer CANNOT sell physical or downloadable/digital educational products with completed digital design products. This includes distribution on sites such as Teachers Pay Teachers. BOOKS, E-BOOKS, WEBSITES & PUBLICATIONS Buyer CAN NOT use these designs for any books, e-books, websites or publications as part of the graphics collection. This includes branding materials, page decoration or illustrations. FREEBIES/GIVEAWAYS Buyer MAY NOT use digital products in any giveaway nor share/distribute in any digital capacity. License terms are non-transferrable. MOCKUPS Mockups are provided with most digital products. Buyer takes responsibility for protecting digital product from digital theft by adhering to the recommended format for mockup created and used.

• Buyer CAN use mockups with or without the addition of their logo for promotional, listing and sales purposes.
• Buyer CANNOT remove watermark from provided mockup.
• Buyer CAN create new mockups based on preferred product selection for their business.
  • Buyer-made mockup must contain visible watermark covering entire design.
  • Buyer-made mockup must be 72-100DPI and no larger than 2000px x 2000px.
  • Buyer-made mockup must contain a textured or product picture background to the design – no solid color background space.
• Buyer CANNOT upload digital product PNG to any web or app based platform as-is.
• Buyer CANNOT upload digital product with white or other solid color background and full size and/or resolution to any web or app based platform.

TERMS OF USE FOR DIGITAL DESIGN ELEMENT PRODUCTS DEFINITION: Digital design elements are digital products that are single graphic or font collections intended for use in digital design creation. Of Love & Shiplap categorizes and labels digital design element products accordingly to prevent confusion. ALLOWED USAGE DIGITAL DESIGN ELEMENT PRODUCTS

• Buyer CAN use digital design element product to create their own digital design for resale in a digital or downloadable format.
  • New design must contain 25% added elements such as text and other graphics or elements.
• Buyer CAN create laser-cut items from completed digital products and sell the laser cut item, but not the digital product.
  • Buyers who create laser-cut items must provide customers with link to digital product for print purposes.
• Buyer CAN print digital product for purpose of creating apparel, décor, accessories, or similar physical goods for personal use.
  • Personal use is defined as creating products in-house not be resold for profit. There is no print limit for this option.
• Buyer CAN print digital product for purpose of creating apparel, décor, accessories, or similar physical goods for business use under [usage limit].
  • Business use is defined as creating products in-house to be resold for profit at wholesale or retail rates.
• Buyer CAN use digital design element product on a digital downloadable print product such as day planner pages, calendar pages, educational worksheets, invitations or similar use that is not a tangible piece of merchandise.
• Buyer CAN print and sell transfers for use in apparel, décor, accessories, or similar physical goods creation, as dictated by the terms below.
  • A transfer is defined as a physical print in toner, direct to film, plastisol/screenprint, ecosolvant ink on vinyl or dye sublimation ink which is delivered to the buyer’s customer and sold for a profit at wholesale or retail rates.
• Buyer CAN outsource printing of digital product on physical goods to any small to medium print fulfillment business.
  • A small to medium print fulfillment business is one defined as locally owned/family-owned and operated.
    • Less than 25 employees.
    • Must be within buyer’s country of origin.
    • Must not be in China, Japan, India, Mexico or Thailand.
    • Must not be flagged as a third party mass printing service such as Printful, Printify, Spoonflower, Amazon Merchant Services, Sawgrass Go Expressions, Teescape, Shirtly, Cafepress, Zazzle or similar.

UNALLOWED USAGE FOR DIGITAL DESIGN ELEMENT PRODUCTS

• Buyer CANNOT resell digital design element product as-is in any format. Element must be used as part of a new, original completed digital product.
• Buyer CANNOT claim ownership or intellectual property rights to any digital element product.
• Buyer CANNOT share, donate or freely give away digital design element product in any manner.
• Buyer CANNOT print digital design element product in mass production runs of 10,000+ items.
• Buyer CANNOT use any third party printing or fulfillment platform for physical goods or transfers that is flagged as a mass production company such as Printful, Printify, Spoonflower, Amazon Merchant Services, Sawgrass Go Expressions, Teescape, Shirtly, Cafepress, Zazzle or similar. For transfers, this includes Howard’s Transfers, Transfer Express, 613 Originals, FM Expressions and similar mass production companies.

MODIFICATIONS TO DIGITAL DESIGN ELEMENT PRODUCTS

• Buyer CANNOT make modifications to the digital design element product.
  • Modifications are defined as any changes that alter the original digital product. These elements are intended to be used as-is as part of new designs and digital products.
• Buyer CANNOT remove any fills or parts of the digital design element product.
• Buyer CANNOT change the color of any text or element layer in the digital design element product.
• Buyer CANNOT extract any digital element(s) or layers from digital design element product to use independently of the original design.
• Buyer CANNOT modify the digital design element product to new formats [vectorization] for other uses such as embroidery or layered vinyl applications.
• Buyer CAN add text, backgrounds and other elements to create new, original digital designs for resale.

TRANSFER PRINTING LICENSE All digital products created and sold by Of Love & Shiplap include unlimited in-house transfer printing license. Acceptable third-party printing for transfers must be a small to medium print fulfillment business. This is defined as locally owned/family-owned and operated. Additionally:

• Less than 25 employees.
• Must be within buyer’s country of origin.
• Must not be in China, Japan, India, Mexico or Thailand.
• Must not be flagged as a third party mass printing service such as Howard’s Transfers, Sawgrass Go Expressions, FM Expressions, 613 Originals and Transfer Express or similar.

EMBROIDERY/DIGITIZERS/VINYL PLOTTERS Digital products from Of Love & Shiplap are sold in flattened PNG format. Buyer CANNOT digitize/vectorize or otherwise change file format for use with embroidering machines or layered vinyl. TEACHERS/EDUCATORS Buyer CAN use digital design element products for personal use in digital games, educational worksheets or other educational uses. Buyer CAN sell physical or downloadable/digital educational products with completed digital design products. This includes distribution on sites such as Teachers Pay Teachers. BOOKS, E-BOOKS, WEBSITES & PUBLICATIONS Buyer CAN use digital design element products for any books, e-books, websites or publications as part of the graphics collection. This includes branding materials, page decoration or illustrations. FREEBIES/GIVEAWAYS Buyer MAY NOT use digital design element products in any giveaway nor share/distribute in any digital capacity. License terms are non-transferrable. MOCKUPS Mockups are not provided with digital design element products. Buyer takes responsibility for protecting digital product from digital theft by adhering to the recommended format for mockup created and used.

• Buyer CAN create new mockups based on preferred product selection/completed design for their business.
  • Buyer-made mockup must contain visible watermark covering entire design.
  • Buyer-made mockup must be 72-100DPI and no larger than 2000px x 2000px.
  • Buyer-made mockup must contain a textured or product picture background to the design – no solid color background space.
• Buyer CANNOT upload digital product PNG to any web or app based platform as-is.
• Buyer CANNOT upload digital product with white or other solid color background and full size and/or resolution to any web or app based platform, as-is.

FAILURE TO ADHERE TO TERMS AND CONDITIONS All digital products created and sold by Of Love & Shiplap are protected under The Digital Millennium Copyright Act (DMCA). Failure to adhere to the terms and conditions outlined in this document may result in legal action against the buyer. Of Love & Shiplap reserves the right to terminate access to digital products due to negligence of the buyer. Of Love & Shiplap reserves the right to change or update these terms as deemed necessary in accordance with contract law. Copyright © Of Love & Shiplap and its affiliates, assigns and licensors. All rights reserved