Alicorna Digital and Web Design
Monday, 12 May 2008
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Terms of Use

General Terms

As the creators of these items we retain the copyright ownership as set forth by international copyright law, reserving all rights and privileges thereof. We allow the use of these items only under specific terms and license.

Each and every script, program, graphic set, and miscellanous item which is offered on this site for public use has a "readme", a "license", or both, included in the file archive. The Terms of Use for the specific item will be clearly indicated in the documentation distributed with the item and should be considered definitive. The following information is far more general. If in doubt, please feel free to contact Alicorna for clarification.

You may only use and/or modify these items as stated in the Terms of Use applicable to each item. Therefore by using or modifying any item, you indicate your acceptance of its licensing terms. (Note that many of the items do not allow modification or redistribution; see individual information for the items for specifics). Using, distributing or modifying the items without specific permission to do so and/or against the Terms of Use for the item is prohibited by international law and you may be held liable. It may also be a violation of your service provider's Terms of Service agreement.

"Distribution" includes: sharing, sending, emailing, posting, publishing, or otherwise circulating any of our copyrighted material, as well as sale, barter, or making the item part of a collection in any form of traditional or digital media intended for distribution.

Most items offered do not allow for distribution without permission. Please contact us if you have questions or have reason to wish to distribute these items.

Generally speaking, the graphics, scripts and freeware are limited and have specific Terms of Use, while the open source software provides a much more liberal license. Please don't confuse the Terms of Use for the different categories of items; just because you are allowed to distribute an Open Source script does not mean you are allowed to distribute a graphics set or freeware item.

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Scripts and/or Software

CGI scripts are provided strictly "as is", although we are happy to accept reasonable feedback if you have some. We do not generally have the time or resources to provide you with specific answers to general questions about installing Perl scripts; these are best addressed to your ISP's technical support team, who can give you answers such as where to locate Perl and sendmail on the system, how to set up your CGI directory, how to change permissions on files, and so on.

All scripts currently available are freeware and may be used on commercial or personal sites, including client sites (please only charge for your time, and not for the script, since the script is free). Please don't redistribute the .zip files or archive them anywhere or add them to any collections. Otherwise, they're pretty much free to use as you need to (and you may customize them if you wish; if you do anything cool with them, drop us a line, because we'd love to see it!).

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Linkware Graphics (Templates)

Linkware graphics (i.e., coordinated sets, including the blog templates, which may be used free on personal sites in return for a visible link back) are provided for use on personal and non-profit sites only. If you have a commercial site and are interested in using our graphics, please contact us regarding the purchase of a license and/or other possible license options.

Linkware graphics are designed to be used for web pages only. They are not for use as email stationery, on letters, cards, or papers, or for any purpose other than web pages. Using them for anything else defeats the purpose of linkware, which is to provide links back to our website in exchange for the use of the graphics. If you mail them to people (which is what happens with email stationery) or otherwise distribute them in any form other than on your website, you are in violation of our Terms of Use.

Only the graphics offered for download via the linkware area or the backgrounds area are available for use (i.e., the graphics on the rest of this site are our own and are not available for use by anyone except Alicorna).

If you use our linkware graphics, you must provide a visible link back to Alicorna on each and every page on which the graphics are used. Most sets have a built-in link or a matching linking graphic; a text link is also acceptable (please be sure to spell the name correctly). Under no circumstances is it acceptable to link only from a "credits" or "copyright" or similar page. Give credit where credit is due: on the same page.

If you are a web designer and would like to use our graphics on a client site, you must purchase a license regardless of whether it a personal, non-profit or commercial site. Placing our graphics on a client site without purchasing a license is considered unauthorized redistribution and commercial use and is a violation of our Terms of Use and of International copyright law. Please contact us regarding the purchase of a license and/or other purchase options.

You may not alter our graphics in any way with the exception of adding text to blank text buttons and/or title images. Altering would consist of resizing, cropping, changing the color, taking "pieces" of the images to use elsewhere (i.e., "recycled" or "sampled" art or making any part into tubes, nozzles, stamps, sig tags, etc.), or changing the appearance of the images in any way.

If you need a special or customized graphic beyond what is offered (including alteration of any of our linkware sets), please feel free to contact us about hiring us to do that for you.

Our graphics sets may not be "mixed and matched" they must be used as they were intended, as matched sets (although you're not required to use all the pieces provided, of course). Please do not use images from different sets on the same page (although adding other images such as pictures, link buttons, and so forth is fine).

Our graphics may not be included in any online collections, CD ROM collections, archives, or sold, traded or redistributed in any way.

We do not grant permission for any of our linkware graphics to be used on sites that contain hate material, including gender, sexual orientation, ethnic, religious and/or racial slurs, child endangerment, animal cruelty, and/or threats to human life.

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Licenseware (Purchaseware) Graphics

Purchase of a Standard license entitles the purchaser to a limited amount of free customization (see individual sets for more information). A license entitles the purchaser to use the set as contracted (i.e., for commercial OR personal/non-profit use) on one website, and only one website. It is not a "universal" or "unlimited" license..

Furthermore, the purchase of a license does not in any way imply the transfer or relinquishment of the rights of the copyright holder. Terms of Use as per linkware apply, with the exception of a Premium license, which entitles the purchaser to use the set without having to link back to Alicorna.

Licenseware sets may be altered only to customize the site for your personal needs.

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Custom Graphics & Other Custom Work

Variable and flexible, depending on individual contract. A "work-for-hire" purchase is possible, which entitles the purchaser to all rights to the graphics, script, or other material and allows them to use them in any way they wish and on any type of website they wish. Please contact us for further details and licensing terms.

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Clip Art, Brushes, Photoshop Goodies, Etc.

These items may be used for personal use or for commercial use, as part of a greater project. They may not be redistributed "as is" or in any format in which the original may be easily extracted.


These Terms of Use are subject to change at any time.

Failure to abide by these Terms of Use can result in the loss of your internet access and/or the complete loss of your website, as ISPs and web hosts tend to take copyright violation complaints very seriously and such behavior is not only against the Terms of Service of all reputable ISPs/web hosts, it's against international law. Civil action could be brought against you for copyright infringement. We take our rights and responsibilities very seriously, and we will not hesitate to take action against those who violate our Terms of Use and take advantage of our good will.

It is with great disappointment that we feel we must use these strong terms, but due to the rampant theft of bandwidth, software, original artwork, original content, and graphics over the internet, we feel it necessary to protect our legal interests and our creations by any means possible. Please understand that we do realize that most people are honorable, want to do the right thing, and will abide by these terms.

 

Content and design © 1998-2005, Alicorna.
No unauthorized use or reproduction.
All rights reserved.