On this page is the most current copy of the Digital Background TOS. For your convenience you may print a copy here.
This TOS only applies to items purchased from Melissa Krauss. It is your responsibility to read and understand this TOS. If you are unsure about anything, please contact me at theartist @ artbymel.net, minus the spaces. Melissa Krauss retains all copyrights to the enclosed materials. You are not purchasing the contents, only the right to use the contents. You may not redistribute this archive file, in whole or in part. You may not store it any place on a network or on the Internet where it may be referenced by a third party. You acquire the copyright to any derivative works created using this work, provided none of the original materials can be extracted from the derivative work by any means. If I, Melissa Krauss can show that any of the original material can be extracted from your derivative work, I, Melissa Krauss can demand both the original and derivative work, and all copies thereof be deleted. For example, you cannot make an image of a texture map mapped to a flat plane, such that the original texture map can be cut & pasted from the image. This is designed to protect me from work being released, which lets other users obtain the copyrighted material, and is not meant to infringe upon the artistic endeavors of you. You may not make any MetaStream animation files with the enclosed materials, until this format can protect the original materials from being extracted.
In the event you are not satisfied with the product a refund may be issued at my discretion. If a refund is issued, you are responsible for deleting all files using the product and may not distribute the product.
You are hereby granted a non-exclusive, non-transferable license to use all of the contents of this archive file. I, Melissa Krauss maintain that all items in the archive are my original work, or are derivative works from something found, and verified, to be in the public domain, or licensed by Melissa Krauss for use in creation of products for resale. I, Melissa Krauss maintain I legally possess the power to grant you this license for all enclosed materials. You may use the materials in any personal projects or commercial projects, as long as the my work is protected from extraction and none of the items above or below have been violated. You may make a single backup copy of this archive file, for personal archival purposes only. You retain this license, even if I discontinue selling this package at a later date, or the price changes. I, Melissa Krauss may revoke this license, if it is shown or demonstrated to me that you have violated the terms and conditions as defined in this license.
Allowed uses and definitions.
Violations of use.
You agree that your intention and purpose of use is strictly legal business, ecommerce or otherwise, or personal enjoyment, and have no intent now or in the future for pursuing any illegal or hostile activities using the site where the licensed design is posted as a basis for said activities. You agree that no person or persons, with your permission and partial or full knowledge, will attempt to link to the site where the design is posted or use the site where the design is posted for the above-mentioned activities. If you withhold any information as to the purpose of the site where this design is posted, from M. C. Krauss, the owner will not be held legally responsible for any fines, damages, attorney fees, court fees, etc., levied against you by any or all injured parties seeking damages or monetary retribution by civil or criminal lawsuit, including local, state, federal, international, or civil parties.
M. C. Krauss is not responsible to you, any person or organization for any damages arising in any manner out of the use of the content and/or information made available on this site. You acknowledge that you assume all risk and/or responsibility for any loss and/or damage arising from the uses to which the content and/or information provided by this site is put. In other words, you are solely and fully responsible for any content that becomes part(s) of any and all web pages, documents or other projects you post or distribute, for profit or not for profit. Your use of the content is at your sole risk and is provided on an "as is" basis without warranties of any kind, either expressed, stated or implied.
You shall indemnify and hold harmless M. C. Krauss, from and against any and all claims, liabilities, losses, costs, damages or expenses (including but not limited to attorney fees) arising from your application of or use of graphics on this site or the information made available thereby.