This amazing license is effective on all memberships, sales and downloads made on and after August 1, 2020. This amazing license is an agreement between You and Michelle & Cat, dba Swanky Stock, operated by Michelle L. Grewe.
The Amazing License covers the End User License Agreement (EULA) for software and things like fonts, the Photo Licensing Agreement for Photos, and Copyright License Agreement for Art and Written words.
Who does this license cover?
This license covers both…
- Members who signed up for a monthly or recurring subscription / Membership
- Customers who bought a digital product from the Swanky Store such as Stock Photo Bundles or other creative elements.
An active membership or purchase of product grants you the non-exclusive rights to use Swanky Stock digital products as outlined by this amazing license.
The copyright and any other intellectual property of the files, software, art, etc. will remain with Michelle Grewe at Michelle & Cat.
What does this license cover?
Digital Products / Memberships cover the following Downloaded Items:
- Creative Elements (such as photos, illustrations, vectors, fonts, brushes, patterns…)
- Templates (such as Photoshop files, Canva links, Microsoft template files…)
- Printables (such as workbooks, planners, guides, cheat sheets…)
- Just In Case Other (anything not mentioned here)
- General Usage Terms for All Products
Difference between Members and Nonmember Customers
For sake of avoiding repetition, all uses of Swanky Digital Products are outlined below for both members and customers with one major exception.
Members are allowed to use products they create during their membership forever; however, after termination of membership, they are not allowed to create new products from any previous downloads. They are still free to use the products they created during the membership.
Customers are given forever rights to the digital products they purchased.
Permitted Uses for Creative Elements
Creative elements are files members can use on an as is basis (see limitations), or as an element to their own design or art. They include photographs, illustrations, vectors, fonts, brushes, patterns and files like PNG’s, JPG’s, GIF’s, EPS’s, SVG’s, OTF’s, TTF’s, ABR’s, PAT’s, CSH’s, ASL’s, and possibly MP4’s.
You are permitted to use creative elements for personal and commercial use.
You are permitted to make unlimited projects and products with creative elements.
You are permitted to download an unlimited amount of downloads for any and all elements available for download.
You can create unlimited digital end products and unlimited physical end products.
You can use creative elements on your blog, website and social media without limitation to how many users access the creative elements (embedded or saved or however you plop that up there).
You can embed creative elements in workbooks, ebooks, and general PDF’s without limitation to how many users access embedded elements.
You can use or embed creative elements in videos, presentations and courses.
You can sell products featuring creative elements, on an as is basis or in a deviated work, through Print-on-Demand sites like Zazzle or Printify. There are no limits to how much you sell.
You can use or embed creative elements in templates or themes. Terms of Use to the users of Your-Generated templates or themes are defined by you plus restricted uses listed in this Amazing License. This in no way grants permissions listed here to those users. It is your responsibility to clearly outline the usage rights. Swanky Stock prefers you to restrict usage to only the purpose of your template or theme. While Swanky Stock is giving its members their own discretion on transferring usage rights to their clients, customers, and readers, any abuse of this may result in termination of membership.
You are permitted a certain amount of redistribution of files in order to better serve clients who may need source files. Terms of Use to the users of Your-Generated content or product(s) are defined by you plus restricted uses listed in this Amazing License. This in no way grants permissions listed here to those users. It is your responsibility to clearly outline the usage rights. Swanky Stock prefers members to restrict usage to only the purpose of their work, project, service and/or product. While Swanky Stock is giving its members their own discretion on transferring usage rights to their clients, customers, and readers, any abuse of this may result in termination of membership.
No attribution is required to use any creative elements.
Modification of creative elements is permitted.
Prohibited Use for Creative Elements
You are not permitted to redistribute any Creative elements beyond what is outlined in this license.
Swanky Stock better not see their photos on Unsplash unless Michelle put it there.
You cannot sell Creative Elements – As Is as a stock photo or creative element, such as sites like Deposit Photos or Creative Market, unless you have deviated enough from the original design to a point where it’s your design, or total items from swanky stock make up less than 10% of a bundle of similar items.
When membership is inactive or terminated, you can continue using items you made in the manner you made them for forever, but you do not have permission at that point to create new products or projects unless it’s for educational reasons or to promote Compassion in a healthy, loving manner. Note, customers who bought a photo bundle (or any creative elements, templates, printables) have lifetime forever rights to the product they purchased.
Any photos or other creative elements (especially that of children or any aspect of a child such as hands or feet) cannot be used in any manner related to child pornography or trafficking including websites, products, social media including social media communities with intent to spread child pornography even if not expressed as such. Swanky Stock will also report these types of violations to authorities and Anonymous, and violators will receive an ancient gypsy curse. If ever a violator of this clause gets beaten to a disability by a flat iron, it’s strictly a coincidence. Adult porn, however, is perfectly acceptable.
Usage Terms for Templates
Templates are files members can alter to create their own unique file. They are more of a starting point, a guide, and a creative map often containing creative elements within them that transfers to the member’s end product. Sometimes they contain layouts, and sometimes they contain text to reword. Examples include Photoshop files, Canva links, and Microsoft template files.
You can use templates for your own business (or non-business) needs.
You can convert templates to other formats for clients, customers, or readers. For instance, you can use Pinterest Pin templates to make JPG Pinterest Pins for any number of your clients without having to purchase any additional licenses. You can also use any or all aspects of a branding kit for any number of your clients. If you are serving clients a “customized service,” please be ethical about making sure your clients are, in fact, getting a custom-made product. You can still use Swanky Templates, but don’t sell the same logo to all your clients. Please keep in mind that logos are often something a company may want to trademark some day, and Swanky Digital Products cannot be trademarked according to this license agreement.
You are not permitted to redistribute Swanky Templates as your own.
Usage Terms for Printables
Printables for purposes of this amazing license are generally going to be PDF’s that members can print and use for their own purposes. Examples include workbooks, planners, guides, cheat sheets, etc.
You are allowed to download and print unlimited copies.
You are not permitted to sell or redistribute the PDF file or printed copies. If you want to sell or redistribute a PDF designed by Swanky Stock or Michelle, please contact Michelle.
Usage Terms for Just in Case Other
For anything specific and not mentioned, you are allowed to use the intellectual property as stipulated where it is available.
For the most part, Swanky Stock wants to help you do your thing, not replicate Michelle’s thing. Swanky Stock wants you to be successful. Swanky Stock wants to help you earn revenue. Swanky Stock wants to help you in every way within its scope, but not in a way that can interfere with Swanky Stock’s normal operations or that of other members or customers.
You can always contact Michelle with questions. Contact info below.
Usage Terms for All Creative Elements, Templates or Printables
You are not allowed to use Creative Elements, Templates or Printables for anything that is illegal or unlawful.
You are not allowed to use Creative Elements, Templates or Printables for hate organizations.
If derivative artwork from Creative Elements or Templates can be flattened, it is preferred that the flattened work (no layers) be redistributed when possible. For instance, if you make a quote graphic for a client, or a Pinterest pin for a client, I’d prefer you give the client a flattened version of your art. But if that client really wants the layers, or source files, i.e. my photo you used, you are more than welcome to provide it to them in order to maintain a positive relationship with that client. But please keep in mind that this membership is to serve you, and part of that is making you the go-to person for my elements, like I think if your client wants to make 3 more pinterest pins with the same photo, they should have to pay you to do that.
You cannot register items or end products as a trademark in any territory. This license gives you non-exclusive rights. Other members (and users) can use the products as well, so you cannot claim sole ownership. If you need exclusive custom art, you are more than welcome to check out Michelle’s Studio at MichelleAndCat.com and let her/me know that you are a swanky customer.
Usage Terms for Non-Members
Non-Members do not have any permissions to use Swanky Stock copyrights or other intellectual property or any products offered to members without expressed permission from Michelle Grewe outside of what is outlined here.
Non-Members do have the same permissions outlined in this amazing license as if they were members for the free photos in the email sign-up and freebies sent in the email as well as any free downloads available on the Swanky Blog and Compassion Now website.
Customers who purchased any elements, templates, printables or bundles of such are to follow the usage guides / terms & conditions as members EXCEPT purchased items come with lifetime forever usage rights for the items they purchased.
Usage Disclaimers
If ever Swanky Stock requests you to stop using a picture, you need to stop using the picture. Swanky Stock will try their best to replace image. It would have a good reason that would do us both a favor if ever Swanky Stock or Michelle made such a request.
This amazing license cannot be re-sold or transferred to any third party beyond what is outlined here.
If any part of this amazing license is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the amazing license shall continue in effect.
This amazing license operates alongside the full Membership Agreement for members.
Contact
If you have any questions in regards to permissions, or would like to have exclusive rights to something, or would like to make a request for future photos, please contact Michelle at michelle@michelleandcat.com. You can also find me on FB and message me or my page. I probably see and respond fastest to FB messaging.
Updates
updated July 4, 2021 – None of the usage terms have changed. I did change some of the wording so that it made more sense, mainly changing “Members” to “You” and incorporating customers who buy a digital product in particular to the agreement so that this license encompasses basic and all usage rights to Swanky Digital Products and Downloads. I will seriously confuse myself if I have more than one of these, and it would ruin my footer.