This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, or otherwise use my services through Etsy.com or its related sites and services.
This Privacy Policy does not apply to the practices of third parties that I do not own or control, including Etsy or any third party services you access through Etsy. You can reference the Etsy Privacy Policy to learn more about its privacy practices.
INFORMATION COLLECTED
In order to fulfil your order, you must provide me with certain information (which you authorized Etsy to provide to me), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering.
DIGITAL PRODUCTS
In my shop I currently sell digital products. These digital products are ready for download once purchase. You can see your purchases under your purchase settings on you Etsy profile. You also have access to these digital files through the email you have provided on Etsy. My digital products are compatible on any software or hardware, Each digital ZIP folder content sold on my site come with a personal/commercial license stating key factors of what you can and can't do with the purchase files from my shop.
WHY IS YOUR PERSONAL INFORMATION NEEDED
-Some of your personal information is needed in order to receive your products digitally through email. It is also needed to provide additional custom support if needed.
- Compliance with the Etsy Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use.
- as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services;
- when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
INFORMATION SHARING AND DISCLOSURE
Keeping my buyers information is a very important aspect to my business.I share your personal information for very limited reasons and in limited circumstances, as follows:
- I share information as needed to Etsy if needed to comply with my obligations to them, and to their terms and conditions and private policy
- Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
YOUR RIGHTS
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
-Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
-Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
-Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
-Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
MORE INFORMATION:
please refer to Etsy's Private Policy here: https://www.etsy.com/legal/privacy
For more information of Etsy Policy regarding UK buyers click here: https://www.etsy.com/legal/policy/selling-to-eu-buyers/239965962014
CONTACT ME
If you have any questions please contact Etsy support or Draw Me Happy via Etsy Messages.
DRAW ME HAPPY
TERMS OF USE
Draw Me Happy Art is designed for small or home-based business, or personal use*. The purchaser, by clicking “Purchase” on Etsy, that’s your way of saying that you understand these policies. When you purchase a product from Draw Me Happy, that means that you’ve read all of these terms, and agree to them.
Draw Me Happy Designs are created to be used for personal use and for small businesses (to sell UNLIMITED units of your end product). If you want to mass produce an item(over 5000 sales), the license that would work best for you is the MASS PRODUCTION license.
→You can check out more under LICENSES in “General Conditions”.
Please feel free to contact me if you have any questions about these terms. Maybe at first they might seem like there are too many, but they are very simple, I just tried to be as specific as possible by mentioning examples of permitted and prohibited uses of my artwork.
The law that discusses digital copyrights and the protections that copyright holders have is called the Digital Millennium Copyright Act (DMCA). One thing the DMCA says is that even if you don’t get the images from my Etsy shop, you’ll still need to abide by copyright law, which is a set of laws agreed upon both in the U.S. and internationally.
please continue reading to find out all the things you need to know before starting with your projects in which you incorporate my artwork. These are the things that you need to keep in mind:
-Use these images only for the permitted purposes and with the characteristics described here.
-You MAY NOT sublicense, resell, share, transfer, or otherwise redistribute Draw Me Happy artwork.
-You MAY NOT claim copyright of the artwork. Even if the graphics are modified or used as part of another composition.
Each one of these points is explained with detail below.
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PERMITTED USES*
Personal use, as many personal projects as you like. No Sharing the actual art files.
-DIGITAL PRODUCT DESIGNERS: You can use Draw Me Happy' clip art images personally or commercially to create digital printables as long as the following requirements are met:
• Files must be in a flattened format (JPEG or PDF file with no layers). Individual images from Draw Me Happy must not be extractable.
• The graphics need to be used as part of your own design/composition and cannot be sold as they are.
→See definition of “as they are” in “general conditions”
• It is strictly prohibited to resell or sub-license Draw Me Happy’ graphics or any modification that is directly competitive with the original graphics.
-PRINTED / PHYSICAL PRODUCT DESIGNERS: You can use Draw Me Happy’ graphics as part of your own design for printed (physical) items. They can be used for personal or commercial projects.
Examples: Stationery, handmade or printed cards, brochures, flyers, business cards, calendars, printed party supplies, stationery products, games, paper stickers and transfer images for clothes, edible paper, product labels.
You can also create stationery or other PRINTED products at print on demand sites (like Zazzle, Cafe Press, Etsy and in your own store.
→See CONDITIONS TO USE A THIRD PARTY TO PRODUCE YOUR ITEMS in “General Conditions”.
-HANDMADE PRODUCT SELLERS: You can use Draw Me Happy graphics as part of your design for personal use or for handmade items to sell.
Examples: Jewelry, clothing, hats, accessories, home decoration, ceramic cups, melamine cups and plates, pins, bottle cap magnets, pendants and bows.
→See CONDITIONS TO USE A THIRD PARTY TO PRODUCE YOUR ITEMS in “General Conditions”.
-LOGO AND WEB DESIGNERS: You can use Draw Me Happy graphics commercially to create Logo and web designs for personal use or to sell. For logo design you can use these graphics as part of your design, but you may not sell a graphic "as is" as a LOGO by itself. Please keep in mind that these graphics are not exclusive, so you and/or your customer won’t be able to copyright / trademark your logo because it would include images that are already copyrighted.
For website/ blog designs: banners, headers, footers, buttons, storefronts and other graphics can be used only if the design is flattened, in 72 dpi and Draw Me Happy graphics must not be extractable. Web designs need to be personalized for each customer.
-DIGITAL SCRAPBOOKERS: You can use them on any PERSONAL scrapbook project, either printed or digital, but you cannot use them to sell them as digital scrapbook or graphic element sets.
-EMBROIDERY DIGITIZERS: You can use our products personally or commercially in embroidery designs for personal or commercial use, in physical form or in digital format.
-TEACHERS, EDUCATORS: You can create games or educational sheets for personal use only. For Your classroom only
-ADVERTISING
Generally speaking the graphics of Draw Me Happy are not permitted for use by advertising agencies. As with all generalizations, arrangements can be made on a case-by-case basis.
-MOBILE APPS AND MOBILE DEVICE THEMES
If you wish to use my graphics in your mobile project, contact me to arrange an agreement.
*OTHER USES APPROVED IN WRITING BY DRAW ME HAPPY:
Due to the fact that the possibilities to use Draw Me Happy graphics are endless, the items mentioned above are just examples of accepted use. However If you are interested in selling a product that is not mentioned here, if you are not sure if your product fits in any of these categories, or if you have questions about any of these terms, please contact me through Etsy Conversations and tell me more about your product specifications so I can tell you if the use is allowed.
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GENERAL PROHIBITED USES*
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-You may not claim any Draw Me Happy graphic as your own under any circumstance – even if you alter the graphics in any way or if you are using them as elements of your design.
→See more details about COPYRIGHT in “General conditions”
-You may not sell Draw Me Happy graphics as they are.
→See definition of AS THEY ARE in “General conditions”
- You may not share or trade Draw Me Happy graphics as they are in any digital format.
→See more details in DO NOT SHARE in “General conditions”
→See ALLOWED FORMS OF SHARING in “General conditions”
-Draw Me Happy graphics may not be used to create stickers/emoticons for messaging apps/services like iMessage, BBM, Facebook Messenger, etc.
-You may not sell SVG files, files for cutting machines or any digital DIE-CUT product that uses or resembles Draw Me Happy artwork.
-You may not trace, copy or create images that are inspired in Draw Me Happy artwork to sell and/or to claim them as your own.
- The selling of Draw Me Happy graphics in a commercial digital scrapbook kit / set / collection is not permitted, even if one or all the elements are altered and/or mixed with other elements that are not from Draw Me Happy.
-The use of Draw Me Happy graphics to make RIBBON, FABRIC or TAPE is not permitted when using a third party to produce it. A third party is defined here as any person/organization separate from that of the purchaser.
- Draw Me Happy graphics may not be used to create new clip art images, digital papers to sell or any product that resembles them. You also may not use any Draw Me Happy artwork to create digital or printed papers.
- The use of Draw Me Happy graphics for business promotional uses in which high resolution images that do not include a watermark appear is not permitted since this violates my rights as copyright owner.
*Any application or use of Draw Me Happy graphics that goes against any of the terms mentioned in this policies section or that violates any International or U.S. copyright law is not allowed.
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GENERAL CONDITIONS
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-COPYRIGHTS ALWAYS REMAIN WITH DRAW ME HAPPY.
Your purchase of any graphic from Draw Me Happy grants you a license to use it for personal or commercial purposes with all the conditions mentioned in this policies section. This license is non-transferable and non-exclusive and it does not transfer ownership of copyright.
-DO NOT SHARE
The low price of the images that are sold in this site are made possible for two main reasons: the non-exclusivity of them, and the fact that the licenses of use are non-transferable. Since the license is granted only to the purchaser (the Client) of a graphic or a set of graphics, any practice that allows others to use the graphics that were licensed to you, is not allowed.
The following uses are examples of what is NOT allowed for any of Draw Me Happy artwork and/or files:
- Sharing the link you received to download your files so another person can download it, too.
- Copying or to transferring the files you received to someone else. This includes a complete set or an individual element or file even if it was renamed and/or altered.
- Publishing images on any site in a way that enables or facilitates others to copy them or to extract them. This includes but is not limited to: publication of Draw Me Happy artwork in high resolution*, publication of artwork with no visible watermark, publication of individual graphics on a white or plain background.
- Creating and publishing an image in which Draw Me Happy artwork can be easily extracted for others and used to create a new design.
- Uploading a complete set or individual graphic elements from Draw Me Happy to any site so others can download them (even if the files were renamed and/or altered).
- Trading files or exchanging them with others in order to receive more graphics, money and/or other goods in return.
-Indiscriminately displaying all files included in any of the sets, including different color variations for the same base objects (for example, a flower with a pink motif and yellow motif and a purple motif).