Before I get into the technicalities of my terms and conditions, I would like to extend my personal thanks to Mel (darkermusings) and Denise (Swtmelode) for their kind support and sharing in helping me put this section together - thank you my friends!!!

With so much art theft today, we artists take copyright infringement very seriously.  If you find any of my products being sold elsewhere and are dubious about the legalities I would be most grateful if you could note me so I can either alleviate your fears or pursue any infringements of my terms.

Some products carry additional restrictions and these are outlined on the main product page (namely those products created from my own personal and already commercial artworks!)..

Please read my terms and conditions carefully prior to purchasing and using items from this store. If you have any questions please contact me and I will be more than happy to assist you.  If you have additional requirements not covered here, please feel free to make suggestions - I am open to considering other licensing requirements for an agreed fee.  Although the terms and conditions are included with each purchase, this page contains the most up to date version. If in doubt about usage, contact me!

Website Graphics

None of the graphics on pameladellicolli.com may be reproduced or published in whole or in part, in any way, manner or form without my express written permission with the exception of banners provided for sharing.

Digital Products

A Special Note about Designer Collections:  As these items were created from my original and already commercial artworks, important additional restrictions apply.  Products in this category may be used on your personal & commercial projects to create web sets, signature tags, email stationary, avatars, banners etc. You may sell your creations using these image, but you may not sell this item in part or in whole for T-Shirts, any type of prints (ie: posters, greeting cards, calendars etc.) nor may they be placed on any online stores such as Cafepress, Zazzle, Red Bubble, ArtWanted, etc. or any likeness to such sites. Actual items ("as is") may not be included in any collections for resale, redistribution, and/or free file sharing groups. (ie: brushes, .psd files, .psp files, tubes or clipart).  [You may not claim these images as your own].  The terms for such products are outlined in the descriptor on the larger image page of the product, so be sure to check and read prior to purchasing. 

 

All Other Digital Products

1. I, Pamela Delli Colli (hereinafter referred to as "the Artist" maintains and legally possesses the power to grant the Licensee/Buyer a non-exclusive, non-transferable license for all items purchased through Pamela Delli Colli’s store. Licensee/Buyer is not purchasing the copyright merchandise/graphics/artwork, only the right to use them. All copyrights to all contents will be retained by the Artist.  Licensee/Buyer may not claim ownership to any of the original contents in whole, or in part. Artist may revoke this license if any of the terms below are violated.

2. Since the terms of use are subject to change, it is the responsibility of the Licensee/Buyer to make sure that he/she is aware of the most current terms. Most current pages will always be at pameladellicolli.com and/or pameladellicolli.com/store.

 

3. The Artist for each product gives Licensee/Buyer the right to use the images under specific circumstances.

 

Specific Circumstances are as follows:

 

* Purchased items may be used to create personal & commercial projects.

 

* Licensee/Buyer can sell any derivative works created using these items (subject to the other terms noted below), provided none of the original materials can be extracted from the derivative work by any means. If Artist can show that any of the original material can be extracted from Licensee/Buyers derivative work, Artist can demand both the original and derivative work, and all copies thereof be deleted. This is designed to protect the Artist from Licensee/Buyer releasing work, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of the Licensee/Buyer.

 

* These products cannot be used to create products that compete with the original (for example, backgrounds cannot be used to create backgrounds, faeries to create faeries and so forth).  If in doubt, contact me for clarification.

 

* Licensee/Buyer may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted.

 

* Licensee/Buyer may not include "as is" purchased items in any collections for resale, redistribution and/or free in file sharing groups. (ie: brushes, .psd files, .psp files, tubes or clipart) nor may Licensee/Buyer may store it any place on a network or on the Internet where it may be referenced by a third party.

 

* Licensee/Buyer may not use "as is" purchased items for mass commercial reproduction to companies, business organization and/or other likenesses.

 

* Digital products cannot be used “as is” to make a profit in any manner or form, as on sites such as Zazzle or Cafe Press in a printed format.  Products must be incorporated into your own unique artworks to qualify for such use.

 

* You may make variations in opacity or colorization of an image. You may not then claim the design as your work after making such minor alterations.

 

4. Licensee/Buyer retains this license, even if the Artist stops selling this work at a later date, or decides to charge a different price. The Artist may only revoke this license if it is shown that a Licensee/Buyer has previously violated the above said terms and conditions

 

5. Artist maintains that all items in the archive are their original work, and/or are derivative works created using resources purchased and licensed for this purpose.

6.  To use my products "as is" for mass commercial reproduction by companies, business organization, like Collectible Card Games, RPG books, Massive merchandising, etc., contact me at enquiries@pameladellicolli.com first.
 

Legal Clarifications and Disclosure

 

You agree that the purpose for this design product is strictly legal business, ecommerce or otherwise, or personal enjoyment, and have no intent now or in the future for pursuing any illegal or hostile activities using the site where the licensed design product is posted as a basis for said activities. You agree that no person or persons, with your permission and partial or full knowledge, will attempt to link to the site where the design is posted or use the site where the design is posted for the above-mentioned activities. If you withhold any information as to the purpose of the site where this design is posted, from the creator of the original (Pamela Delli Colli), the owner will not be held legally responsible for any fines, damages, attorney fees, court fees, etc., levied against you by any or all injured parties seeking damages or monetary retribution by civil or criminal lawsuit, including local, state, federal, international, or civil parties.

 

Disclaimer of Liability

 

Pamela Delli Colli is not responsible to you, any person or organization for any damages arising in any manner out of the use of the content and/or information made available on this site. You acknowledge that you assume all risk and/or responsibility for any loss and/or damage arising from the uses to which the content and/or information provided by this site is put. In other words, you are solely and fully responsible for any content that becomes part(s) of any and all web pages, documents or other projects you post or distribute, for profit or not for profit. Your use of the content is at your sole risk and is provided on an "as is" basis without warranties of any kind, either expressed, stated or implied.

 

Indemnification

 

You shall indemnify and hold harmless Pamela Delli Colli, from and against any and all claims, liabilities, losses, costs, damages or expenses (including but not limited to attorney fees) arising from your application of or use of graphics on this site or the information made available thereby.