Announcement Welcome to theNaughtyPenguin, where you will find unique clip art and digital design for both personal and commercial use! All of my clip art is available in high resolution images and EPS files.
Welcome to theNaughtyPenguin, where you will find unique clip art and digital design for both personal and commercial use! All of my clip art is available in high resolution images and EPS files.
Anonymous on Jan 31, 2013
I am not a lawyer, so turning most of it into plain English really wasn't that hard; the fringe benefit is that we can all understand what I'm saying without having to take any post-secondary courses just to read about what you can and can't do with products purchased from my shop.
If you have any questions about the following policies, including but not limited to clarification on whether or not your intended use is permitted, please don't hesitate to contact me via private messaging or directly through email at etsy [!at] thenaughtypenguin.com. Any and all questions are welcome!
All images and original artwork on found in my shop is Copyright © 2010 Jennie Waterous ( aka theNaughtypenguin ). All rights reserved.
Accepted payment methods
- Accepts Etsy gift cards
In the future I would love to accept Google Checkout or Amazon Payments. If this is also your preferred method, don't hesitate to drop Etsy a line and let them know you would like to see it as an accepted form of payment in the future!
All payments must be made in full within 48 hours of purchase through the Etsy shopping cart. Any payments that are not 100% complete within this time will be cancelled immediately and may be done so without notice.
All files must be sent through digital means. This more often than not means email, and I will almost always attempt this method first unless notified by you prior to the purchase being made. Sometimes email attachments are limited by size, and this method may not be feasible. In such cases the files can be made available online for download securely and privately from my own personal servers.
Please include in the "Notes to Seller" the best email address to contact you at, regardless of the method ultimately chosen to deliver the files to you. I will need this to send the files to you, or inform you of the URL at which they can be downloaded. If no email is provided, Etsy provides me with your general contact address and this will be the only method of contacting you directly I will be able to attempt.
All possible attempts will be made to deliver the files to you within 12-36 hours of purchase. If there is going to be a delay longer than this, I will make every attempt to communicate that delay with you via email so that you are not left in the dark.
Refunds and Exchanges
All product representations provided on my shop in the form of previews are only altered enough to reduce the size appropriately and digitally watermark them to further ensure that there is no room for potential errors in use. If however you have any concerns as to the purchase, please contact me and I will work with you to find the best solution for both parties involved!
Additional policies and FAQs
Purchasing any of my artwork or products available in my shop grants you a non-exclusive and non-transferable license to use that artwork as part of your own media, and does not constitute a transfer of copyright or ownership.
Just like a bank issued credit card, I still retain ownership of the product and any misuse or deliberate ignorance of these terms will result in your license to use the product being revoked. This is for my protection, and to ensure that my artwork isn't bought and included in a package or presented solely for resale as anothers work, amongst other possible mistreatments.
All rights, title, interest, copyrights and intellectual property rights are retained by Jennie Waterous of theNaughtyPenguin on Etsy.
► Proof of Ownership
In order to protect my intellectual property and various copyrights, I reserve the right to request verification of ownership and/or license to use any of my products that you may be using. Failure to provide proof of license to use any of my products in your possession will result in an immediate cease and desist order, and may be followed up with legal action should the activity continue.
Verification can be provided through a variety of means. Examples include an Etsy generated receipt, verifiable communication between me and you explicitly mentioning the product and a purchase being made, or otherwise. I'm not militant, just careful.
License of products purchased through this shop is granted on a non-transferable and non-exclusive basis.
The products available for purchase through my shop were designed and intended for use by small businesses and private individuals alike. I place no major restraint on your ability to use the products in derivative commercial work with the exception of a few cases outlined below.
You must obtain a commercial license ( provided in my shop) or purchased on request if you intend and/ or the item using any of my designs sells more than 20x in a calendar year.
** Some packages do not require the purchase of an additional Commercial License, so please read the product details first. However, if you do need a commercial license view the following link to my commercial license section.
None of the products purchased from my shop may be used for resale in whole or part. This includes as part of a package or individually; as "stock" either through an online shop or offline catalog; as part of a collection; etc.
None of the products purchased from my shop may be used as or incorporated in a logo without prior written consent. This is to ensure that there is no conflict of interest due to the non-exclusive license.
None of the products purchased from my shop may be used with or incorporated into any work that may be considered illegal (in any country or jurisdiction), pornographic or otherwise obscene and/or offensive in nature.
Any use of my products in another product meant for resale must be done so in a way that the original artwork cannot be extracted in its entirety. For example if the product is being used in a collage, and a layered PSD is provided, the artwork (my product) must be merged into another layer or image that makes it impossible to reduce the work to the original product.