The
following is My PSP Tubes' Terms of Use (TOU) for all tubes,
graphics, comments, codes and other products purchased through our
website. Please be advised that these terms are strictly enforced.
When creating signature tags and comments with any My PSP Tubes product
please refer to these Terms of Use. A copy of these terms will be
included in all My PSP Tubes product downloads.
My PSP
Tubes Terms of Use
1.
My PSP Tubes is the sole and exclusive owner of all My PSP Tubes
graphic art packages (“Tubes”), comments, codes, tutorials and
signature tags (“Products”) displayed on its website including the
rights relating thereto.
2. My PSP Tubes Tubes and Products may not be printed in any
way, shape or form without a contract between the creator and My PSP
Tubes. These are for online/digital use only! You may, however,
print your created tags for personal use such as scrapbooking.
3. No My PSP Tubes Tubes and Products may be sold or bartered
or used for profit, commercial or "break-even" endeavors in any way.
To find out about commercial licensing, please contact My PSP Tubes
manager at
mypsptubesart@yahoo.com. Furthermore, no Tube or Product may be displayed
on any website or community that offers private or commercial
services to the public.
4. My PSP Tubes reserves the right to use all Products made
with Tubes (tags, banners, etc.) for marketing and other advertising
and promotional purposes and do not require to display a license
number.
5. No My PSP Tubes Tube may exceed 72 dpi (dots per inch) or
ppi (pixels per inch) nor may it exceed 525 pixels on its longest side. All Tubes purchased from My PSP
Tubes will be around or exactly 525 pixels and may not be upsized to have
a larger tube.
6. All My PSP Tubes tubes must have the copyright symbol,
full name of the artist and artist website (depending on group
rating) plus your My PSP Tubes license number clearly visible. You
may not place a copyright symbol with your name on or around the
image as it is considered a derivative work. You can, however put "tubed,
tagged, sig by, etc" as your tagging mark.
Please credit your creations like this: © Full Name of Artist /
Artist website / MPT####
7. You may use only the My PSP Tubes images in your licensing
package. If you have been using My PSP Tubes artist images for which
you currently do not have a My PSP Tubes License, those may not be
used. Purchasing an image and acquiring a license does not give you
the unlimited access to any image except the one you've purchased
directly.
8. All illegal use of My PSP Tubes Tubes or Products should
be reported to
mypsptubes.violations@yahoo.com
9. My PSP Tubes Tubes and Products may not be "file-shared".
Distributing My PSP Tubes Tubes and Products individually or through
"file-sharing" is strictly prohibited. This includes distribution
through any electronic or digital means - sending through sharing
groups, uploading to personal websites with downloadable access, or
via personal email from one person to another. Tags may be created
for offer as long as they are not blank and the appropriate
copyright credits and license are on each tag. Blank tags and
"stats" are also prohibited. A shared tag or stat must have text on
it to some degree, making it "designed", therefore, not blank.
10. i) The integrity of My PSP Tubes artist images must
remain intact in all creations. Elements of the tags such as
clothing and jewelry may be sparkled or use noise. Borders,
lettering, names, etc. may be added and animated, to enhance the
main image.
ii) You may make eyes of any My PSP Tubes artist image blink and
hair move, but absolutely NO BREATHING IMAGES. Breathing images will
ONLY be allowed by artists who have personally approved it.
iii) You may convert the image to grayscale or colorize an image to
match the tag (all one color - example: sepia, monotone, red, black
and white, etc.).
iv) You may not recolor clothes, hair, eyes or skin. You may use
partials of the images such as close up profiles (headshots,
portrait poses, waist/chest), but you may not switch heads on
images.
v) Blends are allowed as long as there is at least one close up
image.
11. Do not mix artists. The work of My PSP Tubes artists may
not be blended with the work of another My PSP Tubes artist or any
other artist not affiliated with My PSP Tubes.
12. Placement of "small" elements to cover prohibited parts
of My PSP Tubes R rated images in order to allow for their usage in
PG rated groups is permitted (example: star, bar, tex, circle, etc).
My PSP Tubes artists reserve the right to amend any or all of these
terms at any given time. You may not add any pieces of clothing,
wings, halos, etc. to the original art.
13. Stock photography may be used in any signature
tags/stats/banners created with any My PSP Tubes Tube. When
combining My PSP Tubes art along with stock photographs, you must
display copyright information like this:
© Artist name, website (if applicable according to the rating of the
group)
© Photographer Name and/or Website
My PSP Tubes license number
All information must be included on your creation. Usage of your own
photography in the background of tags created with My PSP Tubes
Tubes is permitted. When combining My PSP Tubes artists and your own
photography, you must display copyright information like above.
14. You may create tutorials using My PSP Tubes artist images
however you must clearly state on the webpage that persons following
the tutorial must not use the same images in the tutorial unless
they too have the appropriate My PSP Tubes artist license to do so. You must supply a link for the reader to obtain a license. You may
not offer your licensed Tube or Product for download for any
tutorial written and shared.
15. Websets, calendars and desktop backgrounds are allowed. Appropriate copyright including your license number must be given in
the credits.
16. My PSP Tubes will allow donation buttons to be placed on
group communities and websites so long as donations are for the
upkeep of the community/site itself (removal of banners and pop-up
ads). However, no donation buttons may be placed on any community,
group, or internet website offering personal or professional
commercial services. My PSP Tubes reserves the right to request the
donation button, or the respective artist images, be removed right
away if we feel it necessary. Failing to comply with this request
will result in a suspended license.
17.
My PSP Tubes reserves the right to amend, change or update their
Terms of Use at any time. Any such changes will be effective
immediately upon notification by way of postings to the My PSP Tubes
website or other affiliate internet groups.
18. My PSP Tubes will not honor any refunds for digital
graphic purchases or any other products or services advertised on
its website. Should you find the need to request a refund, please
email contact
mptcustomerservice@yahoo.com
19. i) You agree to defend, indemnify and hold harmless My
PSP Tubes, its officers, directors, agents and employees, against
all costs, expenses and losses (including reasonable attorneys’ fees
and costs) incurred through claims of third parties against My PSP
Tubes based on your use of My PSP Tubes Tubes and Products.
20. My PSP Tubes shall have the right, in its sole
discretion, to prosecute lawsuits against third persons for
infringement of My PSP Tubes Terms of Use.
21.
i) These Terms of Use shall be governed by the laws of California,
irrespective of consideration of the law of California relating to
choice of law.
ii) All disputes hereunder shall be resolved by binding arbitration
in the State of California. You consent to be bound by such
arbitration, and agree to accept service of process by mail, and
waive any jurisdictional or venue defenses otherwise available.
