Terms of Use for DIGITAL DESIGNS

SERENDIPITY AND SMILES DESIGNS TERMS OF USE

UPDATED 04/21/2021

By purchasing digital files from Serendipity and Smiles and Serendipity and Art Designs, you agree to the following terms of use. These terms of use apply to all files listed at serendipityandsmiles.com.

TERMS OF USE FOR COMPLETED DESIGNS

DEFINITION: Completed designs are listings that contain graphic elements and text. They are designed to stand alone. They are NOT labeled as Design Elements.

TERMS OF USE CUT FILES, SUBLIMATION AND PRINTABLES:

STANDARD LICENSE INCLUDED WITH ALL DESIGNS

We love small businesses! Because of this, all files come with a Commercial License for Small Business Use. You are allowed to use the files as they are or modify them to create physical products for personal use or for commercial use sale to customers with less than 500 copies for each product.. The designs are also approved for creating and selling transfers less than 500 copies for each product.

You can not make my images available for digital download, resell or redistribute them as is or modified, in digital form. You can not upload files or elements from them on exclusively “print-on-demand” marketplaces.

You can use a print on demand partner for your own personal online storefront, such as your Etsy or Shopify shop.


EXTENDED LICENSE (ADDITIONAL PURCHASE)

With the purchase of an extended license you are allowed to use the files as they are or modify them to create physical products for personal use or for commercial use sale with more than 500 copies but less than 10,000. The designs are also approved for creating and selling transfers with more than 500 copies but less than 10,000.


ENTERPRISE LICENSE (ADDITIONAL PURCHASE)

Please contact for an enterprise license. With the purchase of an enterprise license you are allowed to use the files as they are or modify them to create unlimited physical products for personal use or for commercial use sale. The designs are also approved for creating and selling unlimited transfers.


Please Note: The terms of use for commercial use designs are limited to products with no existing trademarks relating to the purchased designs. While we try to stay diligent in checking our designs for trademarked phrases, some may slip through or be registered any time after the design has been created for sale. Please research your text and design trademarks. In the event of a dispute over your products and the trademark holder, Serendipity and Smiles will not be held responsible, as we do not delegate which products the purchaser uses the purchased design on, for sale or profit. In other words, if there is a current trademark valid specifically on shirts that say “I Love Cats”, it is not recommended to use an “I Love Cats” design from Serendipity and Smiles on your shirts to sell for profit. By purchasing our products, you agree to our terms of use.


Modifications to Completed Digital Designs

  • You may not make modifications to a completed design and sell as a new original design. This includes but is not limited to changing colors, fonts and text of a digital file.
  • Applying backgrounds to fit your substrate behind a design is acceptable use.
  • Adding personalization or additional text to a design is acceptable use.

Printed Transfers:

  • Transfers must be in printed form of sublimation transfer, white toner transfer, printable vinyl transfer, plastisol transfer, waterslide transfer or similar.
  • You MAY NOT send any file for third-party printing to other industry businesses with the intent to re-sell the transfer.
  • You MAY send any file to independent printers for transfers for use with your business exclusively, should you not have a printer or need a special type of transfer.

Tangible/Physical Goods:

  • All designs MAY be used on tangible goods for your own personal use or commercial use to resell basic on license purchased.
    • Tangible/ Physical goods refers to any item which can be touched/held. This includes garments, home décor, office supplies, general gifts, stickers, decals, ect.
  • Designs MAY NOT be used on any tangible goods that are manufactured by third party printing/fulfillment websites such as Zazzle, Cafepress, or Printful without the purchase of an extended license.
  • Designs MAY NOT be used on mass production runs of merchandise. Mass production refers to 10,000+ prints in one production run.

Digital/Printable Products:

  • Designs MAY NOT be used in part or as-is for any digital goods without the purchase of an extended license. This includes downloadable/printable graphics such as stickers, planner pages, invitations, ect.
  • Designs MAY NOT be resold in any form of digital graphic capacity – as is or as part of a collection or another designs.
  • Designs MAY NOT be used for web design or logo design including personal blogs.
  • Designs MAY be used for PERSONAL use only in digital scrapbook collections.

Embroidery/ Digitizers:

  • You can use my products commercially or personally but cannot resell these designs in alternative digital formats for embroidering machines or cutting machines (or any other machines).

Teachers/ Educators:

  • You can use my products personally or commercially for digital games, educational worksheets, or any other educational usage.

Books, E-Books, or other Publications:

  • You cannot use these designs for any book, ebook, publication media.

FREEBIES:

  • You MAY not use these designs in any digital giveaway nor share these designs. Licensing is non-transferrable.

TERMS OF USE FOR DESIGN ELEMENTS

DEFINITION: Digital design elements are frames, swatches, clipart, alphabets, and other elements which are designed to be used as part of your own designs. These are specifically marked as DESIGN ELEMENTS in the promotional graphic for the listing and under the designated section of our website.

TERMS OF USE FOR DESIGN ELEMENTS

These is a no-limit commercial use policy for all items marketed as design elements.

You may use these elements to create and sell your own designs digitally or on physical goods. The only limitation is that you MAY NOT use these files as-is for resale.

You must incorporate at least 25% your own text, graphics, or other elements to make the completed design your own.


SHIPPING & REFUNDS

Digital files are a downloadable item. No item will be shipped. Due to the nature of this product, refunds will not be issued once an order is system marked as completed.  


COPYRIGHT NOTICE:

All designs including their stylistic nature is copywritten by Rachelle Nissel as the owner and creator of graphic designs at serendipityandsmiles.com.

Copyright © Serendipity and Smiles and its affiliates, assigns and licensors. All rights reserved.