Licensing & Terms of Use

DIGITAL FILES PERSONAL USE LICENSING

ALL DESIGNS are for personal use only unless commercial licensing is purchased or the design is marked as "Free Commercial Use" in the description of the product.

You CAN:
1. Print/cut files for your personal use only.
2. Give away a print out (not the digital files in ANY format) as a gift. Limit gifting of physical items to 3 times per purchase. (Excluding the time you may have printed it for yourself.) If something happens to your files (i.e. computer crash or accidental deletion), please contact us.

You CANNOT:
1. Gift or share the digital files through email, USB, disc, or any other way. This includes uploading them to any file sharing site, or sharing them via Google Docs, or on ANY Facebook pages or forums. You may not give the freebie to someone who “missed it.” If you regularly share files with others, please refrain from downloading the designs.
2. Sell the print out, digital files, or anything you make using the files unless proper commercial licensing is purchased. This includes sublimation transfers.
3. Use the printable file or print out, or other digital files for commercial use, on a website, or to promote a product. Pease see my commercial licensing options in order to sell items using my art.
4. Modify the Designs in any way (aside from modifying the lettering colors), and may not claim Designs as your own. You may NOT clip apart the designs and use pieces of the designs to make new designs.
Purchasing a digital file, or downloading a freebie created by The Smudge Factory™, LLC does not transfer the rights. Copyright still belongs to The Smudge Factory™, LLC. By purchasing a digital file or downloading a freebie file, you agree to all the terms stated above.

***FREE COMMERCIAL USE
Any Freebie designs that are later listed on my website as FREE COMMERCIAL USE need to then be purchased in order to validate any kind of commercial agreement for my legal records. For example, if you download a freebie on freebie Friday, it remains personal use unless you then purchase the design on my website or Etsy shop. No commercial use whatsoever comes with a freebie design.


DIGITAL FILES COMMERCIAL USE TERMS

ALL DESIGNS are for personal use only unless commercial licensing is purchased or the design is marked as "Free Commercial Use" in the description of the product.

General Terms for designs that require an additional licensing purchase include, but are not limited to:

You MUST:
1. Provide adequate protections against copying of the graphic design images. You must watermark the designs so that they cannot be traced by computer software. This may disqualify you from selling items using our designs on certain websites.
2. You must credit The Smudge Factory™ somewhere in your listing where the money is being collected. Credit is not required on social media unless you're collecting money via social media.

You May:
1. Use the design, which must be purchased separately, for use on up to 100 products such as coffee mugs, t-shirts, blankets, in scrapbooks, and on cards. Such products may be sold on Etsy.
2. You may use our designs as a graphic overlay on personalized greeting cards.

You May NOT:
1. Create items for sale on Etsy that compete with The Smudge Factory's products on Etsy, such as printable/printed art, even if you add a background to the art. You may, however, sell printable/printed wall art in a physical store location as stated above;
2. Alter our designs in any way, shape or form and claim them as your own, however, color changes are allowed;
3. Cut our designs apart and piece them together to create new designs;
4. Sell our art in digital files, even if you add a background;
5. Gift, share, or sell the digital files through email, USB, disc, or any other way;
6. Use them on website pages without protecting the image from being copied;
7. Upload our files to any file sharing websites for any reason;
8. Use or upload our designs to a Print on Demand website;
9. Use our designs for any harmful, pornographic, racial or offensive material;
10. Use our designs to create you own products which will compete with The Smudge Factory™ or our other products;
11. Copy or create items that look very similar to our designs;
12. Use our designs to create and sell stencils, stamps, or sublimation/printed transfers;
13. Sell our designs as a wholesaler, or sell items using our designs to other companies to sell;
14. Use this license if your company consists of more than 10 employees. Companies with more than 10 employees require a different license. Please inquire.

Official terms will be emailed within 48 hours of purchase as long as files are purchased long with the licensing, and must be signed and sent back within 48 hours of receipt before licensing is valid. If the licensing agreement is not returned within 48 hours, we reserve the right to refund your purchase of the commercial license, or cease your license. Please ensure that your email address is correct when purchasing.

 

STANDARD FONT LICENSE

Our Standard Font License  grants you, the purchaser ongoing permission to create personal and commercial use end products, or products you intend to sell. Licensing for our designs are separate. Please see our Commercial License for designs created by us.

You CAN:
1.
Create unlimited projects for yourself, family, and friends.
2. Create products for commercial use to be sold to customers.
3. Install the font on one computer per license

Unlimited commercial use examples include:
1. Making physical crafts and artwork using our fonts to sell them at craft fairs and/or online.
2. Printing and selling physical non-customizable products such as T-shirts using our font;
3. Making flyers for a customer, printing and distributing them.
4. Using products downloaded or purchased from us in software you own such as but not limited to Cricut Design Space, Silhouette Studio, Adobe Photoshop, and Adobe Illustrator to make an end product for sale.
5. The end product must include the font used on a product, it cannot be the product itself. Therefore, transfers, iron-ons, printed heat transfer decals, and any other similar reproduction using the font are not permissible as an end product.

 

You CANNOT:
1.
Distribute or gift fonts downloaded or purchased from us in any manner, including: selling, giving away for free, or as part of a package of products.
2. Claim the font as your own.
3. Allow more than one user to use fonts downloaded or purchased from us to make projects for personal or commercial use.
4. Convert fonts into different formats including digitizing for embroidery without written permission.
5. Create a digital product to sell or distribute that only consists of the letters/numbers of our font. You may not create and sell an SVG Alphabet set using our fonts, or modify our fonts to resell as new fonts.
6. Allow end users to customize and use a Print on Demand service to create products using fonts purchased or downloaded from us.
7. Use fonts downloaded or purchased from us in TV, films, music videos, or any other broadcast productions above 100,000 views per month. Please contact us for our Extended Font License.