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Membership Terms and Conditions of Use



This site is owned and operated by Dennis and Bobette Bryan. We retain all copyrights to the content on this site. Downloading the Content does not transfer title to the content or any intellectual property rights to you. You may not redistribute or sell the content as stand alone items.

Your use of this website and the content herein means that you have read and agree to these terms and conditions and to our privacy policy. If you do not agree with these terms and conditions and our privacy policy, you should leave this website immediately, do not use the files herein, and do not subscribe to this service. Please note that the templates, graphics, and wallpapers each have different terms of use. The terms of use for each are detailed below.

Also: Using any kind of a "website downloader" on this site is forbidden. People caught doing so will be banned from this site and their license to use any material from this site will be revoked!

Description of Services

ButterflyWebGraphics.com is a membership based clipart website that offers thousands of royalty free quality graphics mainly as PSP files (for Paint Shop Pro). The site is frequently updated with new graphics. We also offer website templates. Members can access and download the graphics and templates offered on this website and anything new that is released during their membership period.

Web Templates

If you've purchased a template(s) or if you are a ButterflyWebGraphics member, you can use the template(s) on your personal or commercial website provided that you adhere to the terms of use and restrictions below. Please note: competitive sites (meaning Poser Tube Sites) may not use my web templates!

1. ButterflyWebGraphics Members can download and use any of the templates on this site for their personal and/or commercial pages with the exception of greeting card sites and competitive sites (Poser tube sites). Greeting card companies and competitive sites must write to me for permission before using any of my products.

2. If you aren't a ButterflyWebGraphics member, you can purchase a license to use individual templates for personal and commercial pages. The cost of each template is listed near the bottom of each template. Some of my templates are linkware, meaning that you can use the template for a commercial or personal website, but you must link back to butterflywebgraphics.com and the link must be on each page where the template and/or my graphics are used. You can use either a text link or a logo. Link to http://www.butterflywebgraphics.com.

3. I retain the copyright to all of my templates and images, and I'm transferring no intellectual rights to you. Likewise, some templates may contain other living artists' work that I've received permission to use (I would never use another artist's work without permission or a license.). You must give them credit as well as specified on the actual template. These artists retain all copyrights and are granting you no intellectual rights to their work.

4. You can alter the template for your personal use. You can mix and match colors, etc. You can add your own graphics or delete graphics, but you can't alter the graphics on the template. Do not put your own copyright on any of the images as this is the same as claiming credit for the images. EXCEPTIONS: Some of my newest templates contain PSD (photoshop) graphic files with transparent backgrounds. You can use these images in your personal and commercial designs only if I specifically state that you can do so on the template listing. You can resize these images, alter them, etc. The same terms of use applies to these PSD images as to those in the Graphics Gallery as specified in the "Graphics Download" section below.

5. After you complete your order, I'll email you a link where you can download your template(s) within 48 hours. ButterflyWebGraphics Members can download their templates immediately by clicking on the zip link at the bottom of each template page.

RESTRICTIONS:

1. You can not sell the template(s) individually or collectively or give them away for free.
2. You can not add the templates to a template collection.
3. You can not use the templates on an online greeting card site or on a competitive tube or clipart site.
4. You can not alter the graphics that come with the templates, except to resize them. And you can't use the graphics outside of the template (for instance: on a website other than your own, on another template, in your designs, etc.) unless I give you written permission to do so. EXCEPTIONS: Please see the Exception in #4 above.
6. You can not Use the graphics in the template as a company logo.
7. You can not use the templates on a porn or adult site (as defined by me) or on a site or product that inspires crime, hate, prejudice toward any creed, race, or people, or on a site that advocates cruelty to children, women, or animals.
8. You can not make a compilation of my templates.

Also:

1. You must link back to and credit butterflywebgraphics. You may not credit Bobette Bryan. You can either use the graphic that comes with the template or you can use a text link. It must be on every page where the template or my graphics are displayed and NOT relegated to a links or credits page.

2. You must give artist/author credit and a link if specified. And all copyright information must remain on the template and graphics.

3. You must upload any images and files from the template to your own website. Do not link directly to my images. Bandwidth fees have gotten astronomical, and using someone's bandwidth is the same thing as theft, which is illegal and morally wrong. There are many places where you can host your website and images for free, including: Tripod and Geocities.

Finally, these templates are protected by the U.S. Copyright office, and I will pursue legal action against anyone who violates my intellectual property rights.

OTHER:
1. If you have any questions about my terms of use, or something isn't covered here, please email me at novelist@ponyexpress.net.

Graphic Downloads (Does not include graphics from templates or wallpapers. They have separate terms of use. )

1. If you're not a ButterflyWebGraphics member, you can use graphics from my "Free" collection" on your personal or your own commercial pages. You can't redistribute them, sell them, or give them away for free. You can't use them for commercial projects that you create for someone else. You can't add them to a graphics or tube collection, or take credit for the images.

2. ButterflyWebGraphics Members can use any of the graphics from the Graphics Gallery section for nearly all personal and/or commercial uses with the exception of greeting card companies and for mass printing. In cases of print products, please consult me first. In addition, images from the tube section (with the exception of Victorian PSP tubes) of the "Graphics Gallery" can't be used to create 3D models or other products for 3D applications, including statues, dolls, ceramics, etc. If in doubt, please write to me.

BUTTERFLYWEBGRAPHICS MEMBERS ONLY CAN:

1. Use graphics from the Graphics Gallery section for personal and commercial use. The graphics can be used for: scrap booking, graphic design, candy wrappers, print projects (with limitations), signature tags, web templates and for numerous other uses both personal and commerical; however if my graphics are used in web templates, you can't alter my web templates slightly, attach your name to them, and offer them for resell. You must design your own unique web pages.

RESTRICTIONS:

1. You can't claim my images are your images or put your copyright information on my images. You must incorporate my image(s) into your own unique design.
2. You can't use my images for greeting cards (except for personal greetings you send to your family and friends that are not mass distributed). No online greeting card sites of any kind, including printed ecards for resell!
3. You may not use my graphics on a site that, in my discretion, competes with this site, such as a tube or clipart site.
4. You may not use my graphics on a site that claims the copyrights to anything posted, including Facebook and Tumblr (It's true. Look at their terms). You may not transfer my copyright to any other party.
5. If you work in a professional capacity for another, you may not convey any rights to my graphics to your employer.
6. You can't use my images on a porn site, or on a site that advocates crime, hate, or prejudice toward any creed or people, or on a site that advocates cruelty to children or animals. This includes any kind of site that sells live animal traps or gas bombs for wildlife.
7. You can't resell or redistribute the images as stand alone products or add them to a clipart or tube collection. You may not redistribute the images as pngs or PSD files with transparent background or as any other file type with a transparent background. Again, you must incorporate them into your own unique design, such as putting them on a background, incorporating other designs elements into the graphic, etc. Please don't slap two or three of my tubes together and resell or redistribute them as tubes. This is not a unique design.
8. You can't email the images, use them as email stationary (unless they're incorporated into your own design), or post them as is to a message board or tube group.
9. My graphics can be used for creating computer wallpapers that you give away or sell, but credit to butterflywebgraphics.com (You may not credit Bobette Bryan) must be given and you must include a link to this site. In addition, you must incorporate the image into your own unique design. You can not give away or sell wallpapers from this site.
10. You can not make a compilation of my graphics. The Victorian images that I offer are significantly modified from the original version; they have been repaired, digitally altered and/or repainted. None of them are mere scans. In addition, I've spent a lot of time and money purchasing and repairing these images. These graphics are not public domain.
11. Members are welcome to use the images from the Antique and Photo collections for nearly any project, including 3D artwork, model making, and 3D products but the 3D Poser rendered images in the Graphics Gallery can't be used to create 3D models, 3D textures, or other products for 3D applications and 3D products such as dolls and ceramic products, due to increasingly limited licensing restrictions of the original model creators unless otherwise stated.
12. You can use the images to decorate your site, but you may not use the images for a logo or for logo design.



Also:

1. You must upload any images you wish to use to your own website. Do not link directly to my images. Bandwidth fees have gotten astronomical, and using someone's bandwidth is the same thing as theft. There are many places that you can host your website and images on for free, including: Tripod and Geocities.
2. All copyright information must remain on the image and if you use the image on the internet, you must link back to this site on the page where the image is used. Please link back to http://www.butterflywebgraphics.com. You can't merely relegate the link to a Credits or Memberships page. Credit must be to ButterflyWebGraphics.com and not to Bobette Bryan.
3. If the image is used in a printed product, please give credit to ButterflyWebGraphics.com if possible.

Finally, these images are registered with the U.S. Copyright office, and I will pursue legal action against anyone who violates my intellectual property rights.

OTHER: If you have any questions about my terms of use, or if something isn't covered here, please email me.

Wallpapers

1. The wallpapers can be used for personal or commerical use; however, you can not resell or redistribute the wallpapers as is: you must incorporate them into your unique designs. Wallpapers can't be sold, given away, or redistributed in any way as is. You can't make a compilation of my wallpapers. They can't be posted as is to a website, used for email stationary, or posted to any group, including tube groups or used in a graphics or tube site.

ButterflyWebGraphics Membership Terms and Conditions By signing up for a ButterflyWebGraphics Membership, you are entering a legal and binding contract with ButterflyWebGraphics.com and you agree to abide by our terms of use and conditions and our privacy policy. If you do not agree to our terms and conditions, please leave this site at once, and do not sign up for a membership.

MEMBERS AGREE TO THE FOLLOWING:

1. You can't share your membership password/user name with anyone else, including family that lives outside of your home. Doing so is a violation of these terms of use and will result in a cancellation of your membership without a refund. It could also result in legal action against you.
2. You can access the Members Only areas on multiple computers, provided that they are computers in your own home. You can log in from a place of business as well, provided you are the sole user of the site content. Sharing a membership with extended family, employees or coworkers is prohibited. If they wish to use our content, they must sign up for their own membership.
3. Everything on this site is "as is" I offer no warranty or guarantee for accessibility to this site, or to the condition or usability of the images, and I make no claims to perfection. In fact, many of the images used on this site are antique or vintage and are flawed by time. Download the content at your own risk. ButterflyWebGraphics.com takes no responsibilities for any damages that may result from downloading and/or using the content or this site.
4. I offer no refunds for subscription dues. See 10 below.
5. You must supply me with a valid email address so that I can send you your membership information. I'm not responsible for email that doesn't go through. sign up with a Yahoo or Hotmail email addresses at your own risk, but please know that in this age of overzealous spam blockers, often mail doesn't go through to these email providers.
6. After you sign up, you'll receive immediate acknowledgement of your order via Paypal. It can take up to 24 hours, however, to receive your user name and password in order to login to the site. In addition, if you paid via echeck, I will not send your user information until your payment clears, which generally takes 3-5 days. If you've not received your membership information within 24 hours of signing up, email me and let me know.
6B. I may request confirmation from you that you've signed up for a membership, especially if you've signed up with a free email account such as Yahoo/hotmail and have an unverified Paypal account. This is necessary for security reasons.
6C. This is my business mailing address, if for any reason, you need to contact me:

Bobette Bryan
510 South 12th St.
St. Joseph, MO 64501
USA

7. I may email you about site updates so that you can receive the latest templates, graphics, etc. If you don't wish to receive this email, please let me know, and I'll remove you from the email list.
8. I may also email you regarding your membership.
9. By signing up for a membership, you agree to my privacy policy. Please read my privacy policy for more information.
10. Subscription dues renew automatically each month--every six months for six month subscribers, and every three months for three month subscribers. I do not send out payment reminder notices. If you don't wish for another payment to be deducted from your Paypal account or credit card, you must cancel your subscription before a payment is due. This is YOUR responsibility. After a payment goes through, I do not offer refunds for membership dues. You can cancel directly in your Paypal account or you can go here to cancel. If you write to me directly to cancel your membership, you must do so at least 48 hours before your recurring subscription payment is due to be processed by Paypal. If you paid via an echeck, and Paypal begins to process your payment and you write to me the same day and say you want to unsubscribe, I will not offer a refund when your echeck finally clears.
10A. The membership rates are listed on the signup page. Should subscription payment fees increase, your subscription payment fee will remain the same as long as you're a member. After you cancel, however, you'll have to pay the current price should you later return and sign up for a membership.
10B. If your subscription payment fails or doesn't clear, I have the right to disable your log-in to the site. I may also cancel your membership and ban you from the site permanently, if in my sole opinion, you've violated these terms.
11. Occasionally the site may be down temporarily for maintenance. I offer no warranty and extend no credit for this.
12. Please do not sign up again if you already have an active subscription. If you can't login, write to me to make sure that your subscription is no longer active before you sign up again or you can check your subscription status at Paypal. If you do accidentally sign up for two subscriptions, I will only consider a refund for the second subscription if you brought the problem to my attention immediately, within 48 hours. Otherwise, I will extend your membership time by whatever extra you paid. Some people purposely purchase more than one subscription when they sign up, either as gifts or for employees so if I receive more than one subscription sign up notice from you, I don't know that it's an error. Sometimes, I don't notice it at all. Typically, if I notice it, I will write to you about it, but the responsibility ultimately falls on you, and if you sign up twice, the error is yours.

Keep in mind that it's very costly to operate this site and to purchase materials that are used in creating these graphics. Most of what this site earns is immediately reinvested in the site. So if you wait to notify me that you have two subscriptions running concurrently, and, especially in these times when the economy is bad and business is slow, issuing a refund could put an undue hardship on this business.

12B. And if you do purchase a subscription for someone other than yourself, please let me know immediately so I can approve that person for a membership. Some people are permanently banned from my site due to abuse of my terms, copyright issues, or payment problems, and so each member must be personally approved.

13. I reserve the right to terminate your license to use the material from this site and to use this site, if, in my sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site. 13B. In addition, I reserve the right to terminate this site or your membership without notice.
14. I reserve the right to remove any graphics from this site at any time, and to modify these terms of use without notice.
15. This site is in no way affiliated with BobetteBryan.com, PassionUp.com. or SecretLoveLetters.com, and a membership to this site gives you no license to use material from these other sites. Please don't even ask me. A membership to this site, gives you the right to download material from this site only!
16. In order to use the materials for this membership, you will need a computer, a Windows OS (I do not offer support for MAC systems), high speed internet service such as DSL or Cable (if you're using dial-up internet service, downloading the files will be painful, if you can even download them at all), a valid email address, a program that is capable or opening zip files, an HTML editor (if you wish to use the templates) and a graphics editing program, preferably a newer edition of Paint Shop Pro, that is capable of opening PSP files. Having the necessary software, etc. to use the graphics or other materials offered on this site is fully your responsibility. I do not offer refunds to those who claim they can't open the files or to those who claim they don't have the correct editing or HTML software.
17. I also do not offer refunds to those who claim they don't know how to use the templates or graphics. I do not have the time to offer lessons in graphic design, Paint Shop pro image editing, 3D image creation, or HTML. I assume that you have the necessary knowledge and skills to use the materials offered on this site before you sign up for a membership.
17. By signing up, you warrant that you are: At least 18 years of age and have the right to enter into this Agreement. You do not reside in any country to which export of USA products are prohibited or restricted. You will not use the Content in any way that is not permitted by this Agreement; and that your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity.
18. UNITED STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. The state of Missouri is the legal jurisdiction for any legal dispute arising from your use of this site or the content within.
20. And finally, I deserve the right to deny a site membership to anyone for any reason. Some people are permanently banned from this site due to abuse of these terms, copyright issues, or payment problems, and so each member must be personally approved.


Have a question that's not answered here? Please feel free to email me.


Current Graphic Count on this site
(excluding most holiday and seasonal graphics):
17,216





Site content, graphics, and web design ButterflyWebGraphics.com, 2005-2012.
All rights reserved!


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