The following comprise the policies governing the use of the digital content and products offered on VintageImageCraft.com. They are:

1. Introduction – outlines VintageImageCraft.com's mission and offerings.
2. Frequently Asked Questions – define basic terms and concepts.
3. Licensing Agreements – govern your use of images and materials you purchase or download from VintageImageCraft.com. When you purchase or download free images from VintageImageCraft.com, you are automatically granted an ARTISAN LICENSE. This license covers most personal and small sales applications, as described in our Angel Policy for crafters who sell limited quantities of handcrafted items that incorporate our designs or images. The COMMERCIAL LICENSE applies to broader sales and distribution applications.
4. Terms of Use – governs the use of the Site.
   
5. Copyright Infringement Notice Policy – describes procedure for making a copyright infringement claim against the Site.
6. Privacy Policy – describes how VintageImageCraft.com protects your personal information.

1. INTRODUCTION

VintageImageCraft.com is dedicated to providing ideas, instructions and resources to crafters, scrapbookers, artists, and all who are interested in creating new artistic works incorporating vintage images. To inspire and feed your creativity, we offer free craft and scrapbook project instructions and downloadable vintage images on VintageImageCraft.com. In addition, we produce and publish:

• CRAFT INSTRUCTIONS AND E-BOOKS: Vintage images from pre-1923 originals are at the heart of dozens of exclusive card, craft and scrapbook projects for the holidays, special occasions, gifts and home decoration.
   
• IMAGE BOOKS AND COLLAGE SHEETS: We create and publish exclusive thematic printables of vintage images, featuring illustrations and fine art, prints, graphics, photos, and other printed ephemera of the Edwardian, Victorian, and earlier periods.
   
• IMAGES AND  IMAGE COLLECTIONS: We provide images and collections by digital download from our Site, and on physical media such as CD and DVD. Our image collections come from many original, authentic antique sources in the public domain and not subject to applicable copyright laws. These images have been digitally enhanced and restored, but may still retain evidence of their age and origins, including wear and imperfections. Among the many images we offer, you’ll find antique greeting and holiday cards, photographs, postcards, book plates and prints, illustrations, advertising, labels, publications, posters and other ephemera.

These digital images are ideal for achieving a vintage look in crafts, scrapbooking, and altered art projects, including altered books, boxes, card making, ATCs (artist trading cards), decoupage surfaces, collage and mixed media, jewelry, paper piecing, paper tole, shabby cottage or prim items, fabric transfers, patterns for needlework, stickers, stamps, magnets, family histories, stationery, school reports, calendars, website design – virtually anything you can dream up.

All VintageImageCraft .com designs, image collections and instructions are created, produced and/or published by Brayerson Publication, LLC, and are copyright © Brayerson Publications, LLC, under U.S. and international law. The LICENSING AGREEMENTS and TERMS OF USE govern the legal use of this website and the images and other content it contains.

 We’ve compiled some FREQUENTLY ASKED QUESTIONS to help clarify issues of licensing and royalties for you.

2. FREQUENTLY ASKED QUESTIONS

What does it mean for something to be in the public domain?

A creative work, such as an illustration or photograph, is said to be in the public domain if there are no laws or copyrights which restrict its use. Copyright is a form of protection provided by US law to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. The owner of the copyright has the legal power to use the work or allow others to use it for a finite period of time. The work loses this protection and is considered in the public domain if:

1. it was first created before January 1, 1923, or at least 95 years before January 1 of the current year, whichever is later; or
2. the last surviving author died at least 70 years before January 1 of the current year.

When a public domain work, like an illustration, is changed or enhanced in a creative or substantive way, it becomes a new work or “derivative work.” The new work is protected again by an active copyright for the artist who altered the image. Also, a distinctive grouping of images constitutes a new work, and the collection can be copyrighted.

How can VintageImageCraft.com hold copyright on images and illustrations created by others?

The original source artwork and photographs that comprise the VintageImageCraft.com collection are in the public domain, and there are no copyright restrictions on their use. Our thematic collections of images and our unique project designs are “unique compilations” or “derivative works,” and we hold the copyright to them. Since we offer images digitized from authentic vintage articles, we own the rights to the digital files. When you purchase and/or download digital content from VintageImageCraft.com, you are granted a license to use them according to the TERMS OF USE and our ARTISAN LICENSE.

What does royalty-free mean?

An image or design is Royalty-Free when it can be used repeatedly, for any or all usages permitted by the copyright owner. All images and project designs on VintageImageCraft.com are offered Royalty-Free for all permitted applications listed in our ARTISAN LICENSE. Royalty-Free usage is the opposite of Rights-Managed usage.

What does rights-managed mean?

An image or design is Rights-Managed when it can be used only for a specific use within the restrictions required by the copyright owner. If you want to use an image or design in a way not permitted by our ARTISAN LICENSE, you must apply for a COMMERCIAL LICENSE. The fee for a COMMERCIAL LICENSE is calculated based on the size and quality of the image, whether it is to be used in a print or electronic application, the duration of use, and the number of times the image will be reproduced.

Can I use your images on items that I sell?

Yes. We proudly offer an ANGEL POLICY as part of our ARTISAN LICENSE, which is granted with every image or design purchase. This policy enables professional artisans to use any single VintageImageCraft.com image or design, royalty-free, to create and sell up to 50 similar handmade items within a calendar year.

What methods of payment do you accept?

We accept payments exclusively through PayPal, which facilitates payments by credit card or electronic fund transfer. In some cases we will accept company checks drawn on US banks.

What is your return policy?

Damaged or defective CDs can be returned for an equal exchange. You must notify us within thirty (30) days of your receipt of the item for a replacement CD containing the same image(s) at no additional charge to you. We do not give refunds.

I need more information. How can I reach you?

Please contact us by email through our contact form, by mail at Brayerson Publications LLC, P.O. Box 9718, Glendale, CA 91266, or by phone at 818-243-8858.

3. LICENSING AGREEMENTS

Images, designs and other Content from VintageImageCraft.com can be licensed for use under one of two LICENSING AGREEMENTS:

• ARTISAN LICENSE: This License Agreement is automatically granted to users who purchase or legally download Content from VintageImageCraft.com for personal use, or to make a limited quantity of handmade items for sale, as defined in the License. Please read the ARTISAN LICENSE, its permitted and prohibited applications, and our ANGEL POLICY
  
  
• COMMERCIAL LICENSE: This License Agreement may be purchased by individuals and companies who intend to use the Content for commercial products and applications produced electronically, mechanically or by hand within the restrictions stated in the License. Please read our COMMERCIAL LICENSE, its permitted and prohibited applications, and purchase procedure.

ARTISAN LICENSE
Our Artisan License is automatically granted to users who purchase or legally download Content from VintageImageCraft.com for personal use, or to make a limited quantity of handmade items for sale, in accordance with the stipulations outlined below. This license is a revocable, non-exclusive, non-transferable worldwide license to use a single VintageImageCraft.com image or design royalty-free for the following uses:

PERMITTED USES

• Handmade items for personal or gift use
• Handmade items or products for sale, up to a limit of 50 similar (using the same image(s) and basic design) items created within a calendar year (see ANGEL POLICY)
• A single website for personal use or for your own company
• A screensaver for your personal use
• Advertising materials for your own company, such as brochures, newsletters and publications, business cards, packaging, and digital or printed presentation materials including broadcast or other media
• Printing projects for personal, non-commercial use

ANGEL POLICY: Our ARTISAN LICENSE enables professional artisans to use VintageImageCraft images and designs royalty-free to create and sell handmade items. Quantities of similar items are limited to 50 within a calendar year. There are no restrictions on how items may be sold or distributed. When your handcrafted items can be purchased or viewed by others, we respectfully request that acknowledgement be given to VintageImageCraft.com with a permanent design credit on each item with a printed notice, sticker or label that states: Imagery by VintageImageCraft.com.

When items or products are sold, published or otherwise distributed under this ARTISAN LICENSE, you assume all liability and agree to indemnify Brayerson Publications, LLC, and VintageImageCraft.com from disputes arising from your work.

PROHIBITED USES

• Handmade or commercially produced items for sale, in quantities of 51 or more within a calendar year. If you intend to create more than 51 items, you must purchase a COMMERCIAL LICENSE.
• Digital image files or file collections distributed by CD, DVD, download, or any other distribution method, whether for sale or for free
• Digital items such as e-cards, e-prints, screensavers, whether for sale or for free
• Prints, collage sheets, fabric prints, transfer sheets, rubber stamps, needlecraft patterns, “tubes,” or any other design elements for graphic design, scrapbooking or crafting for sale or for free
• Commercial packaging
• Graphic design for any third party
• Website design, web page templates or digital graphics for any third party
• Trademarks or service marks
• Obscene, immoral, racist, hate-based or illegal purpose or use

COMMERCIAL LICENSE or rights-managed license

Our Commercial License is offered for purchase to individuals and companies who intend to use the Content for commercial products and applications produced electronically, mechanically or by hand, to be sold in stores, through ecommerce, or any public marketplace. This license is a non-exclusive, non-transferable, worldwide rights-managed license to use a single VintageImageCraft.com image or design for the following uses:

PERMITTED USES

• Handmade or commercially produced items in quantities of 51 or more within a calendar year, for sale or other distribution.
• Digital items such as e-cards, e-prints, screensavers, whether for sale or distributed for free
• Prints, collage sheets, fabric prints, transfer sheets, rubber stamps, needlecraft patterns, “tubes,” or any other design elements for graphic design, scrapbooking or crafting for sale
• Cards, greeting cards, postcards, tags or invitations for sale
• Printed items such as books, magazines, posters, calendars, magnets, tiles, decals, mouse pads, buttons, mugs, key fobs, jewelry, stickers, or apparel for sale
• Commercial packaging
• Advertising for third parties
• Media production in television or film
• Graphic design for any third party
• Website design, web page templates or digital graphics for any third party
• Trademarks or service marks

Some uses will require a printed imagery credit for VintageImageCraft.com.

The licensee agrees to take all reasonable steps to prevent third parties from duplicating or distributing the images.

Fees will depend on your intended application, the image(s) to be used, and the projected reproduction quantities. This COMMERCIAL LICENSE can be renewed.

NON-PERMITTED USES

• Digital image files or file collections distributed by CD, DVD, download, or any other distribution method, whether for sale or for free
• Any distribution of VintageImageCraft.com content, electronically or in printed form, except as specifically authorized above
• Authorizing any third party to use VintageImageCraft.com content for any purpose, or resell, license or otherwise make the content available for use
• Obscene, immoral, racist, hate-based or illegal purpose or use

Contact us for a COMMERCIAL LICENSE APPLICATION.

4. TERMS OF USE

Effective Date: June 1, 2010

This agreement governs your use of the VintageImageCraft.com website (“Site”) and the images and information it contains (“Content” – see definitions below). This Site is owned and operated by Brayerson Publications, LLC, (“Owner”, “Licensor,” “Us”, “We”, “Our”). By accessing or using this Site and/or the content available herein in any way, you agree to and are bound by the terms and conditions set forth in this document and any changes hereto that We may publish from time to time (collectively, the “Terms of Use”). If you do not wish to be bound by this Agreement, do not use this Site.

DEFINITIONS

a. "Content" shall constitute and be defined as any digital or physical files, images, patterns, designs, clip art, templates, animations, photographs, or text available on the Site, as well as the Site design and layout, including all page headers, custom graphics, banners, button icons and scripts.

b. “Trademark(s)” shall be defined as all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by the Owner.

c. “User,” "Licensee" and "you" shall mean the person or company who is being licensed to use the Content.

USER AGREEMENT

You warrant and attest that:

a. You are the age of majority and that you have the right to enter into this Agreement

b. If your actions are on behalf of your employer or any third party, then these Terms of Use shall apply to you and your employer or third party

c. You do not reside in any country to which export of USA products are prohibited or restricted

d. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity

e. You will not engage in any activity or use the content in any way that is not permitted by these Terms of Use or the accompanying applicable License Agreements

f. You will not violate the rights of the owner or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another

g. The information you provide the Site is accurate and true, including without limitation all credit card information

h. You further agree that you fully understand the contents, meaning and impact of this agreement.

If you do not agree with the terms conditions outlined in these Terms of Use, or if you are not authorized by your employer or other third party to enter into an agreement on their behalf, you should leave this Site immediately and must not use our Content.

To learn about usage conditions and requirements for our Content, please read our LICENSING AGREEMENTS which are a material part of this Terms of Use agreement. These agreements govern your use of all Content from the Site.

COPYRIGHT AND TRADEMARK PROTECTIONS

All Content provided on the Site and all elements of the Site, including, but not limited to, the general Site design and the Content, are protected by copyright, trademark, trade dress and other United States or other international treaties relating to intellectual property, to the fullest extent possible under such applicable laws. Except as explicitly permitted under this or another agreement with the Owner, no portion or element of this Site or its Contents may be copied or retransmitted via any means and this Site, its Content and all related rights shall remain the exclusive property of the Owner or its licensors unless otherwise expressly agreed.

All Content downloaded from the Site is licensed to you by the Owner, unless otherwise noted. Downloading this Content does not transfer any title from this Content to you, or any intellectual property rights therein to you. The Owner make revoke this license at any time for any reason or no reason at all.

You may under no circumstances redistribute or sell this content at any time, and it is illegal to duplicate, download, or distribute any Content from this Site except for your use, which is subject to the applicable License Agreement.

You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any of the Content in any way not permitted by the applicable License Agreement. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

You may not remove any watermarks or copyright notices contained in the Content.

Nothing contained herein grants or shall be construed to grant you any rights to use any Site or Owner Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use the Site or Owner Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or the Owner.

You agree that you will not use any Site Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

You may not at any time, adopt or use, without the Owner’s prior written consent any word or mark which is similar to or likely to be confused with Site Trademarks.

NO IMPLIED ENDORSEMENT BY THE OWNER

All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Owner, unless expressly so stated. As a convenience, our Site may link to other sites that may be of interest to you but are not under the Owner’s control. These links do not imply endorsement by the Owner and we are not responsible for the quality or availability of or the content contained in any linked site. The Owner makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites.

COPYRIGHT INFRINGEMENT NOTICE POLICY

If you believe that any image or other Content made available on the Site infringes upon any copyright that you own or control, you may notify the Owner in the manner set forth in our DMCA Copyright Infringement Notice Policy.

YOUR PRIVACY IS PROTECTED

Our PRIVACY POLICY applies to use of this Site, and its terms and conditions are made part of this Agreement by reference.

ABOUT COOKIES

We use a data technology called "cookies" on our Site to facilitate your use of the Site, enable shopping features, and track overall usage statistics. Most browsers are initially set up to accept cookies. If you prefer, you can configure your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features on our Site if you choose not to accept cookies.

DISCLAIMERS AND INDEMNIFICATION

The Site, services and Content are provided by the Owner under these terms of use "as is" without warranty of any kind, either expressed, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Owner makes no warranty that: (a) the site will meet your requirements; (b) access to the site will be uninterrupted; (c) the quality of the site will meet your expectations; and (d) any inaccuracies, errors or defects in the site, services or materials will be corrected.

This Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.

This Agreement is in addition to your obligations under the applicable License Agreement (if any). In the event of any conflict between this Agreement and the License Agreement, the License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact us.

These Terms of Use and License Agreements contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. We reserve the right to modify or terminate these Terms of Use without notice.

GOVERNING LAW

This agreement is governed by and shall be construed in accordance with the laws of the State of California and of the United States of America. You hereby consent to the personal jurisdiction of the state and federal courts located within Los Angeles County, California. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within Los Angeles County, California and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

INDEMNIFICATION

You assume the cost of service, repairs or corrections to your hardware, software or other equipment. In no event will the Owner or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use or inability to use the Site or Content, even if the owner has been advised of the possibility of such damages. In no event will liability of the owner or any of its affiliates, officers, directors, employees, licensers, suppliers or distributors exceed the amount paid by you, if any, for accessing or using this Site, or purchasing or downloading products from this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You agree to indemnify and hold harmless the Owner and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) Your breach of any terms, conditions or restrictions of this Agreement, (b) Your use or modification of any Content, or combination of any Content, with any text or other content, (c) Your failure to obtain from third parties all permissions necessary to use the Content,; and (d) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users. The owner’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF THE LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE PAID BY THE LICENSEE FOR THE LICENSED MATERIAL.

We also reserve the right, at any time, to: change these Terms of Use, License Agreements, and/or other guidelines and rules posted on the Site; change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. If you have any question regarding the meaning or application of this Agreement, please submit your question via our CONTACT FORM or write to

BRAYERSON PUBLICATIONS, LLC
P.O. Box 9718
Glendale, CA 91226

5. COPYRIGHT INFRINGEMENT NOTICE POLICY

BRAYERSON PUBLICATIONS, LLC strives to be in compliance with the letter and spirit of the Digital Milleniumm Copyright Act (DMCA), which protects copyright owners from unpermitted distribution of copyrighted material. If you believe that any image or other Content or material made available on VintageImageCraft.com infringes upon any copyright that you own or control, please notify BRAYERSON PUBLICATIONS, LLC in the following manner:

Copyright Infringement Notice Procedure

Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BRAYERSON PUBLICATIONS, LLC to locate the material. BRAYERSON PUBLICATIONS, LLC requests that complete URLs for each instance of the allegedly infringing material be provided.
4. Information reasonably sufficient to permit BRAYERSON PUBLICATIONS, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Your written copyright infringement notice must be sent to the Owner's designated copyright agent via mail, fax, or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email.

RESEARCH, DECISION AND RESPONSE PROCEDURE

After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, BRAYERSON PUBLICATIONS, LLC will:

1. Expeditiously remove or disable access to the material that is alleged to be infringing.
2. Research the copyright claim to determine validity
3. Notify the claimant of its findings or request further information. If the petitioner’s claim to copyright is determined to be invalid, the contested content will be restored to the Site after a 14-day period, allowing time for the claimant to file a formal legal court claim.

Notification by mail:

BRAYERSON PUBLICATIONS, LLC
P.O. Box 9718
Glendale, CA 91226

By email: contact us

6. PRIVACY POLICY

Your privacy is very important to us and we will never share, sell or provide your information with any third party. Click here to read our entire PRIVACY POLICY.