Terms & Conditions

1. General

  • Kate Hadfield Designs (hereafter “We”, “us” or “our”) is an internet based service that sells high resolution, hand-drawn products for digital scrapbookers, crafters and teachers. For actual information on available products, please visit these pages: katehadfielddesigns.com/shop and katehadfielddesigns.com. This Website is operated by Kate Hadfield. Our address is Kate Hadfield Designs, P.O. Box 731, Cheshire CW9 9RW, UK. If you have any questions, please mail me at info@katehadfielddesigns.com
  • These Terms of Use (hereafter “Terms”) and other policies referred to herein apply and are legally binding for users of the website and my services (the “Site”) and related designs and illustrations. You must read and agree to these Terms and conditions before you purchase digital scrapbook designs and other digital downloads on the site. By using the Site and/or purchasing product offered thereon, you are deemed to have accepted these Terms of Use and agree to comply with them. These Terms apply for as long as you have a customer relationship with Kate Hadfield Designs. Because you have to consent to these Terms as a condition of service, we will need to collect your information as is necessary for the performance of our contractual obligations under these Terms, compliance of any legal obligation or pursuant to our business’ legitimate interests. Please read our Privacy Policy to understand how we handle personal information. If at any point in time you disagree or withdraw your consent to be bound by these Terms, you may not use the Site and related services.

2. Access and Account Registration

  • You can view and browse most of the site freely but you may need to register to access certain areas or services on the site. When you register, you will be able to create a password to protect your account. Please make sure that all registration information you submit is accurate. In some cases, we may decline registration applications if there are reasonable grounds to believe that registration is sought for fraudulent usage. If you need to access, update or delete any information held about you in connection with the site, please contact me us info@katehadfielddesigns.com. You can also log in to your account and update your details there. Please read our Privacy Policy and Cookie Policy which explain how we collect, store, use, disclose and protect personal data in connection with the use of this website.
  • Your account password is for your personal use only. Don’t tell or show it to anyone else or allow anyone to use it. If you forget your password or think it is no longer confidential, you can change it on the Site under Account Login page. Please click on the “forgot password” clickable link and submit the email associated with your account. Your password will be generated and sent to the email associated with your account. Our aim is to enable users to use the website safely and we will therefore make good effort to maintain the security and integrity of the Site.

3. Sales Terms and Conditions

  • Products and Services. You may purchase designs directly on the website. Please verify your details including your name, email and number of designs you have places in the shopping cart. Products are sold at the purchase price indicated on the website at the time of placing your order. You can pay for the designs using PayPal or Stripe.
  • Delivery: Please note that all purchases are in the form of digital downloads only. Upon purchase, your digital product will be available for immediate download to your device. Nothing will be sent to your mailing address.
  • Refunds: Kate Hadfield Designs offers intangible digital products in the form of designs, illustrations and artwork. Due their digital element, these products are not eligible for refunds. Your purchases will be supplied in zip files containing one or more of the following file formats: png and / or .jpeg (for doodles, stamps, alphabets and papers), PDF (for printables and journal cards), TIFF or PSD (for templates) - please check product listing pages for details of file types. The zip files are instantly downloadable through the store after purchase. Please take a moment to ensure that you have suitable software to use these graphics and to extract the images from the zip file. If in doubt, please get in touch. Kate Hadfield Designs is more than happy to advise you! You might also like to download some of our free samples to experiment with first.
  • Resetting downloads: Please note that we may be able to reset your order if necessary but we can't promise or guarantee that all the products will be available on our server to download again at a later date. If you've purchased a set in the past that is no longer on the website then, you won't be able to download it again in the event of a loss. We strongly recommend backing up your purchases!

4. Content of the website

  • This website contains different kinds of content including illustrations, graphics, designs, artwork, icons, images, photographs, text, and/or videos (together referred to as “website content”) all of which we or our licensors provide. We want you to make use of the content in a fair and reasonable way. The website content is protected by UK copyright and other intellectual property rights which are exclusively owned by us and/or our suppliers.
  • You must not, not attempt to make mass, programmed or systematic retrieval of the Website content and illustrations or use them to create or include within an electronic database, or attempt to re-sell or re-distribute them. We may restrict the way in which external websites link to, frame or show any content on the site. Except where the law permits, you should not, or attempt to, decrypt, decompile, disassemble or reverse-engineer the code used in any software on this Site into a comprehensible form so as to inspect the design of such software.
  • You may access the site, purchase, download and/or print reasonable copies of our illustrations, designs and/or graphics for use in scrapbook layouts, altered or hybrid projects, in making gifts, in your own classroom and for your own personal or commercial educational purposes as provided in section 5 below.

5. Grant of License:

Personal or personal educational use:
  • We grant you a perpetual (unless terminated as provided for below), non-exclusive, non-transferable license modify and reproduce for personal or educational purposes (without destroying the integrity or meaning of the illustrations) for use in educational content and activities including for example learning activities, worksheets, decorations, posters and printable projects for use in your won classroom use; scrapbook pages, greetings cards, invitations, craft projects, posters and party décor; and, SMART board lessons and PowerPoint presentations for use in your own classroom.
  • This license is for personal use in educational content or activities and shall not include the right to sale, distribute or use the illustrations independently of the personal or classroom use.
  • Restrictions: You must not: (a) sublicense or use the illustrations to create resources for others to use in the creation of their own products (b) recolour or otherwise modify the illustrations (If you are concerned about the facial features for religious reasons or would like to make minor amendments to the illustrations, please contact us and we will assist you; (c) use our crafts activities in your own resources and documents other than personal or classroom use only. The rights granted herein shall not confer in you any right of ownership in the illustrations, including without limitation, the copyrights thereto, all of which shall remain the exclusive property of the Kate Hadfield Designs.
License for Educational Commercial use:
  • If you purchase our illustrations for commercial educational use, we grant you a perpetual, (unless otherwise terminated), non-exclusive, non-transferable license to reproduce, digitize, edit without destroying integrity or compromising the images, publicly display, and distribute the illustrations for educational commercial use and in any advertising and promotion related to such use. If the educational commercial use includes a Website, this license includes the right to permit users to use the illustrations in the creation of secure, printable and digital educational resources for sale or distribution for free on single-owner personal websites/blogs and multi-vendor educational websites such as Teachers Pay Teachers, Teacher’s Notebook and Educents.
  • The license granted under this section shall permit you to use the illustrations in educational video and promotional resources, image heavy resources (e.g. colouring resources, early readers and vocabulary phonics, and decorative items), paperless resources (e.g., for use with Powerpoint, SMARTboard, Googles Slides or Boom), as well as social media branding provided that you shall not , as applicable, : (a) create documents in which the illustrations are loose and easily extracted from the document (illustrations must be secured and flattened with other content as part of the background), (b) create colouring books, pages or printables of isolated graphics with no added educational content, (c) make educations resources comprising only of our illustrations (c) create products that contain little or no educational content (including, without limitation, graphic design elements, digital or printable stationery products and educational products; except where such items or products complement a larger set of educational resources and are included in that set of resources.
  • This license shall not include the right to use the illustrations on other websites including, without limitation, eBay, Etsy, any subscription-based website or software application, or other ancillary rights such as the production of any printed or physical goods (including those printed via print-on-demand sites) or usage of the illustrations in apps and/or software development.
  • The rights granted herein shall not confer in the user any right of ownership in the illustrations, including without limitation, the copyrights thereto, all of which shall remain the exclusive property of Kate Hadfield Designs.

6. Social Media, Branding and Small Business Use

  • Social Media. You may use our illustrations in limited time social media advertising or promotional posts for your Teachers Pay Teachers (TpT) business as long as you: (a) do not make or sell clip art or graphics, (b) flatten and reduce to 72 dpi all images to be used on social media, (c) give us credit on the image itself, (d) do not use the illustrations in a way which implies you are the creator of the illustrations, (e) do not use the illustration in the creation of logos or other business brandings images, and (f) combine the illustrations with other images and text.
  • Product previews and cover images: You may the illustrations to enhance your TpT product reviews and covers as long as the preview/cover includes images of your resource and you have used the illustration within that resource. You must not use the illustrations to form the substantial part of the preview or cover or in previews for products where you have not used the illustrations.
  • Pinterest Pin Images: You may use our illustrations on your resource Pinterest pin images as long as the pin image includes images of your resource, and you have used those illustrations within that resource. You must not upload or pin the illustration themselves or use the illustrations to form the majority of the Pinterest pin image, or to make pin images for products where you have not used the illustrations.
  • Educational blogs/websites: You may use the illustrations to create decorative elements on your personal educational blog. To include our illustrations in your blog design, you must (a) combine and layer the illustrations with other images, (b) flatten them with a coloured background and reduce them to 72dpi and (c) give credit to Kate Hadfield Designs with a clickable logo or text to katehadfielddesigns.com within your bog post, sidebar or footer. You must not post full size illustrations, or single illustrations on your blog and you must not use the illustrations to create a blog or blog logos, themes, graphics or templates for distribution or resale.
  • Scrap for hire (S4H) and Scrap for Others (S4O). You may use illustrations designs to create one-off, custom designed scrapbook layouts for your clients on condition that the client receives a flattened image file or a printed items. You must not use the illustrations for mass production, non-individual or bulk designs or use them in a way, manner or situation where customers choose a pre-made layout, even if you add text or otherwise alter or modify the design for each client.  You must produce or create production of stationery, cards or products other than personalized scrapbook layouts
  • Hand Crafted Home Businesses: These terms of use and licenses granted herein does not permit use of illustrations for home-based hand-crafted business. If you are interested in using our designs in your home-based hand crafted business, please contact us for more information. Please note that licensing for home business will be treated on a case by case basis. Printable products are for personal use only.
 

7. Changes to these Terms of Use

  • Please note that these terms are subject to change without notification. This page will always contain our up-to-date Terms of Use for your reference. We will try to give you prior notice if we do but this may not always be possible. All changes to these Terms shall be in writing and must be agreed upon by you and us. That way we can avoid any complications surrounding what we or you are expected to do about your order (s).
  • If you are in violation of these Terms, or we have reasonable grounds to believe that you are, we may restrict and/or terminate your access to this website without prior notice. Please feel to contact us if you would like to use our images in a way not specified here, or if you have any other questions about usage.

8. Warranty:

  • To the best of Kate Hadfield Designs’ knowledge, the illustrations and designs are created solely by us and we own all right, title and interest in the designs and all intellectual property rights protecting them are free and clear of all encumbrances including licenses, liens, charges and other restrictions. Please note that while we exercise diligence, skill and caution with the content on the Site, we cannot check every detail or product or promise that graphical, typographical or other errors and inaccuracies will not occur on the Site.
  • We do not make or offer any warranty including, but not limited to, warranty of merchantability, fitness for particular purpose, or any other warranty than those expressly provided herein.

9. Links to external websites

This website may feature third-party advertising and links to other sites. While we may include links to our affiliates and/or service providers, we do not necessarily endorse, approve or promote and cannot control any third-party content which may be accessed through this website. We encourage you to exercise caution when accessing such other websites and content and read their terms of use and privacy notices.

10. Limitation of liability

  • Our Site, designs, illustrations and/or tutorials are offered subject to these Terms and restrictions specified herein. We do not warrant or guarantee that the Site will be available at all times. It may unavailable during periodic or emergency maintenance or be inaccessible due to server downtime, software bugs or errors or for other technical reasons.
  • Kate Hadfield Designs shall not be legally responsible and shall not reimburse you for any loss or damage you may suffer unless we have failed to perform our obligations under these Terms of Use to a reasonable standard or contravened any statutory duty, including if we have caused death or personal injury by our negligence, and that failure is not attributed to: (a) your own fault, (b) a third party not related to our performance of this Agreement, for example problems due to communications, network performance, congestion and connectivity or the performance of your computer equipment or software; or (c) any other events which we could not have foreseen or anticipated even if we had taken reasonable precaution.
  • You agree that we will not assume liability for loss of or damage to your device or other personal property or any other losses which you suffer arising from or in connection with the use of the Site, designs and other digital downloads except where such loss or damage is due to our neglect or failure to take reasonable precautions and such losses are reasonably foreseeable. Please take precautions to protect yourself against harmful applications or devices including through the use of anti-virus software. We cannot guarantee that purchased products will remain on the server after they have been downloaded. Please note that we will not be responsible for losses related to any business such as lost downloads, data, lost profits or business interruption.

General

  • These Terms shall be governed by and construed in accordance with the relevant United Kingdom laws and you and we agree to any bring legal action about these Terms in a UK court without giving effect to its conflicts of law principles. We will try to resolve disputes quickly and amicably.
  • If you are in breach of these Terms and we do not take any action against you, we may still take action against you later or if you breach the same term on another occasion or if you breach a different term.
  • If any provision of these Terms is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
  • These Terms constitute the complete understanding between us relating to your use of the Site and designs, illustrations and artwork provided thereon.
  • Only you or Kate Hadfield Designs have the right to enforce any provision under these Terms.

Contact

If you are uncertain about anything appearing on the site, or thinks there may be an error, please contact me at info@katehadfielddesigns.com. If you wish to close your account and terminate your access for any part of this website at any time please contact us at the email provided above.
Copyright 2018 Kate Hadfield Designs
 

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