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January 1, 2007
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Terms of Use (aka "The Rules")

Mon Jan 1, 2007, 10:44 AM
If you download my resources you are bound by these Terms of Use (ToS).
My ToS may seem long, but they only are because I try to cover all aspects;
so please, before you ask me if you can use my stock for this or that, READ THEM!


C o n t e n t
See below (please scroll down) for my Terms of Use pertaining to the following resources:
>>> Stock & Brushes | Exclusive Stock & Brushes | Journal CSS | Tutorials <<<


Stock & Brush Use In General

    You always need to:
  • Credit me & link back to THIS account. THIS account, not my main account. Reason: people tend to follow the link to look for stock when linked to an account in a stock list, but there is no stock on my main account! For linking on dA see FAQ #81: How can I create links to other deviants, deviations, or websites? .
  • Please show me what you've done! You can note me or comment on the image or on my front page, I don't care. If you don't have a dA account, please e-mail me at kuschelirmel<at>gmail<dot>com

  • You are NOT allowed to:
  • Redistribute my stock, brushes or any other resources in any way - no matter how: alone or in packs, via Rapid-Share, Photobucket, µTorrent or simply by e-mail. As "stock" or wallpapers or in any other way. Link people to this account if you want to share.
  • Create & share "stock from stock" (aka. premade backgrounds), brushes made using my stock, so-called tubes (cut out stock in png format) created using my stock, scrap-booking kits, etc. - even if they are offered for free! Reason: while you may give proper credit and tell your audience to credit me, too, people rarely do that and I end up with effectively no credits and no links will come to my inbox so I can see how my stock is used.
  • Use my images without substantial alterations commercially - see extra rule about Commercial Use & Contest Submissions below.

  • Commercial Use & Contest Submissions Extra Rule
    i.e. art to be sold or licensed (on prints, mugs, t-shirts, cd covers, book covers, advertising for companies that will earn money with their products, flyers for events that require an entrance fee etc) or that you are being paid to create (commissioned work, examples include book/cd covers, flyers, advertising) - with the payment being in the form of real life money, dA points or any other form of online-community-credits that are worth actual real life money - or for the submission in contests of any kind.
  • I need to see some substantial alteration or that my image is not the focus of your work. For example, to use a texture to enhance your own photograph is okay - to use a brush to enhance your drawings is okay, too - to use a texture or stock image in the background of your drawing is okay as well, as long as the focus is (obviously) your drawing - to use a stock image of mine and enhance that with a filter or texture (= minor edit) is NOT okay. Slapping smily faces on my tomato stock (just an example) and then calling it yours isn't okay either, neither are similar kinds of "fun doodles". Putting images in diptychs/triptychs is NOT a substantial alteration, neither is adding text/a border etc or running any filters over it (even if you can barely recognize the image afterwards - that includes that fractalicious plug-in!) or simply changing colours or doing some retouching like removing phone-lines etc. So in principal: use more than one image and create something new.

  • What you can do:
  • If you're not a manipulator but a painter (traditional or digital) or pixel artist or anyone who just wants some reference, go right ahead! I love to see what you make!
  • You are allowed to use my stock on and off dA (incl. ponybox, flickr, rpg games, other forums of any kind) as long as my rules are followed.
  • Use my stock in educational projects (school, uni, college,..), promotional work for charity or artwork for charity auctions/fundraisers, favours for friends or family, birthday cards, family photo albums (scrap booking on a personal level), your own website/twitter/myspace/etc layout, dA Journal CSS for yourself/friends/installable CSS for everyone to use
  • As long as you don't make money with it, you can go nuts retouching my images, playing with filters or whatever. Just DON'T upload that as photography because you didn't take the photo. It should go in Digital Art > Miscellaneous or if it's really rudimentary in your scraps. Again: as long as my rules are followed I may think "how unoriginal", but I will not tell you that it's crap and I will not want it removed - everybody starts somewhere and everyone should have the opportunity to practice. Unless you put it in photography (or othewise create the illusion you took the photo). Then I'll ask you to relocate it once and only if that is not followed I'll have dA or *insertwebsitehere* staff remove the image.

  • Lastly, if you want others to find my stock, link them to my page or use the nifty links all my deviations offer on the right-hand side. Same goes for if you want to include my stock on your blog or twitter it or share it via facebook or wherever. I'm completely cool with that (I even appreciate it ;)) as long as you point people towards this page, where they can also see my other stuff and where they can find my rules. Don't reupload my content - link people to this little cormer of the web!</li>

    If you want to obtain the right to do anything that my Terms of Use prohibit,
    please contact me via note or e-mail (kuschelirmel<at>gmail<dot>com) to negotiate a fee.


    Exclusive Stock & Brushes

    My exclusive stock can be found in this collection. It is stock uploaded in password-protected packs that can either be won in contests on dA, traded for other exclusive stock or bought (usually for something along the lines of 5 € - that's 7 $USD - via paypal or 600 Points via dA).
    • All Terms of Use outlined above still apply!
    • On top of that, the password is not to be shared with anyone!


    dA Journal and Gallery CSS

    My journal css templates come as two types: Journal/Gallery CSS templates, that you need to download, unzip and then follow the instructions to install manually, and Installable Journal CSS, that you can simply install by clicking the green button that says "Install to Journal" underneath. Please note that you can use these only if you are subscribed to dA.
    • You are not allowed to alter the images provided in any way! Not for yourself, not for others. That means: no colour changes, no adding of brushes, filters, characters or whatever else - either you use the images the way they are or you make your own from scratch. They are not intended for stock use either!
    • If you want to alter the journal code a little for yourself (for example, if you need more boxes or titles or a menu with links or...) while keeping the images provided, go ahead. If you want to exchange the images for something you made for your own journal, go ahead.
    • My templates usually come with a credit line that I would like you to keep intact as long as you use the journal the way it is. My installable skins sometimes have a credit line that you can keep but do not have to as these journals automatically give credit and link back to the deviation.
    • If you do make your own images and create a journal based upon one of mine (for your own use or for a friend), credit in the journal would be nice. If you altered the thing completely, a one-time mention of this account will do. If your layout still relies heavily on mine, a permanent credit would be appreciated.
    • This should go without saying, but unfortunately it doesn't: Be so fair as to not enter css contests with one of my layouts or sell one of my layouts as "customized journal layout" or reupload one of my layouts as installable skin or template when all you did was swap the images (if you didn't even do that then you're a hopeless case anyway) - if you really make it your own, you can use my code to your heart's content, but pretending you did all the work when you couldn't even be bothered to change the colours will be a sure way to incite my wrath.


    Tutorials

    • My tutorials are not to be reposted elsewhere, neither in part nor in full! I wrote them and I spend a heck of a lot of time on each, my only reward being the comments left on them. If they get reposted in forums or wherever, I get zero feedback. If you want to show others one of my tutorials, link them to the tutorial in question or to the collection or to my page - maybe they'll find something else worthy of their attention?! - or if you want to blog about it, you can use the embed function (under "Share" on the right side of each deviation page with "sharing enabled" which all of my devs do).
    • I do not allow translations of my tutorials (because when I don't speak the language I cannot do a quality check)

    P L E A S E
    If you have read all of this and are still unsure, feel free to contact me via note or e-mail (kuschelirmel<at>gmail<dot>com).
    But please for the love of my sanity, don't ask just to be asking because you feel it's polite or what not. Answering questions that are already answered here on a regular basis only serves to drive me insane and make me cranky!


  • Mood: Affection
  • Listening to: the fan humming away
  • Reading: comments
  • Watching: Lord of the Rings
  • Playing: with Photoshop
  • Eating: Tortellini
  • Drinking: Cremant
Add a Comment:
 
:iconvivimorena:
~vivimorena May 5, 2013  Hobbyist General Artist
Hi! I did get a bit confused by the commercial use section a bit. I am looking for images I can use to make a cover for my book. I did not get the part with "that my image is not the focus of your work".
Reply
:iconkuschelirmel-stock:
=kuschelirmel-stock May 15, 2013  Hobbyist Digital Artist
it means if you create a manip with my photos, you can do whatever you want with the result. But if you only add some text, maybe change the colours and crop of an image you got here, I ask that you contact me for a license agreement because then you are using my stock more or less "as is" commercially which I only allow for a fee. I hope this makes it clear.
Reply
:iconvivimorena:
~vivimorena May 15, 2013  Hobbyist General Artist
It does. Thanks for the answer. I've actually found another image of someone else's and made my "cover" with it. Sooo I might not need yours, you may not worry :). If you want to see it it's in my gallery under the name "Book cover textless". /Can't create links as my computer is very moody these days and I can't open multiple tabs./
Reply
:iconbd670816:
~bd670816 Apr 22, 2013  Professional Digital Artist
can i use your brushes for making textures and sell the textures in graphicriver (microstock sites) ??
Reply
:iconkuschelirmel-stock:
=kuschelirmel-stock Apr 22, 2013  Hobbyist Digital Artist
no, you can't use my resources to create other resources, especially not if you sell them
Reply
:iconbd670816:
~bd670816 Apr 23, 2013  Professional Digital Artist
thanks for your reply :)
Reply
:iconspecial-hussein:
*Special-Hussein Mar 27, 2013  Hobbyist Digital Artist
Hi I used your nice stock here [link]

thanks dear
Reply
:iconhanoverex:
*Hanoverex Jan 13, 2013  Hobbyist Digital Artist
Hi! I have a quick question. If I use some of your brushes in an equine digital painting to sell on a SIM site for fake money, is that okay? The commercial use section confused me a bit :s
Reply
:iconkuschelirmel-stock:
=kuschelirmel-stock Jan 16, 2013  Hobbyist Digital Artist
sure, I'm okay with commercial use unless someone is trying to sell the brushes themselves or unedited (or barely edited) photos.
Reply
:iconhanoverex:
*Hanoverex Jan 16, 2013  Hobbyist Digital Artist
Okay awesome! Thanks for the reply :3
Reply
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