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Provo Craft Angel Policy

 

Provo Craft and Novelty, Inc. (Provo Craft) is thrilled that individuals desire to create and sell personal craftwork (i.e., craftwork personally created by an individual for sale or distribution by that individual and not for the sale or distribution of any other person or entity) incorporating our products, designs and images.  In the interest of the creative community and their desires to share their creativity with others, we have granted permission in the form of a limited license to use any of Provo Craft’s designs, images and other products sold by Provo Craft that are protected under U.S. and/or international copyright laws (hereinafter referred to collectively as the “copyrighted material”) for the purpose of creating craftworks for sale in limited quantities in a limited local geographical location.  The rights granted by Provo Craft hereunder provide consideration for the terms and conditions set forth herein and the .  As such, any individual using the copyrighted material pursuant to this license hereby expressly agrees to the terms and conditions set forth herein.

 

1. All Provo Craft products that incorporate, provide or utilize copyrighted material are copyrighted by Provo Craft and Novelty, Inc. and are protected under United States and international copyright laws, which means that they cannot be copied without the written permission of Provo Craft.

 

2. Any craftwork to be sold must not incorporate third-party copyrighted material. The craftwork must contain only Provo Craft products that are sold under the Provo Craft trademark. 

 

3. The individual may sell or distribute personal craftwork at local community fundraisers, seasonal boutiques or bazaars, or other temporary craft events.  Personal craftwork incorporating Provo Craft copyrighted material cannot be sold at a fixed retail location such as a store or mall kiosk, left in a store on consignment, or sold to other parties for subsequent resale, or sold via the Internet.

 

4.The use of the copyrighted material to be sold with a product, to enhance a product or to design a product on a regional or national level or for any mass production is expressly prohibited hereunder and requires a written licensing agreement with Provo Craft. (The definition of mass produced is more than fifty copies reproduced within a thirty day period of any one design or more than 200 copies per year of any one design. Multi-person assembly-line work counts as mass production.)

 

5. Quantities for sale of personal craftwork shall be limited by the production limits set forth herein.

 

6. The limited license granted herein is not a license of the Provo Craft name or any trademarks, trade names, trade dress or logos of Provo Craft and cannot be used without the express written permission of Provo Craft.  In addition, the Provo Craft name or any trademarks, trade names, trade dress or logos of Provo Craft may not be used at any location where personal craftwork items are sold, nor may they be used in any manner to solicit sales of such items nor in a manner that states, infers, or implies an affiliation with Provo Craft.

 

7. You may not use Provo Craft and Novelty, Inc. copyrighted material for the purpose of creating logos, trademarks, trade names, trade dress or trademarks (e.g., company trademarks, product trademarks, product packaging, etc.).

 

8. Wherever possible, each item using or incorporating Provo Craft’s copyrighted material must be marked with “Includes Copyrighted Material of Provo Craft and Novelty, Inc.” in a reasonable size and location that gives reasonable notice.

 

9. Copyrighted material of Provo Craft may not be altered in any manner, including but not limited to, masking or overlaying portions in the overall design.  Any other alteration will be considered an infringement of copyright.  In addition, Provo Craft expressly reserves all moral rights in any copyrighted material. 

 

10. Provo Craft shall, without limitation, have the right to terminate the limited license granted hereunder for any reason whatsoever.  In the event that Provo Craft elects to terminate this license for any individual, Provo Craft shall notify such individual in writing of such termination.  Upon notice such individual shall immediately terminate the copying, sale and/or distribution of any of Provo Craft’s copyrighted material or products or things that incorporate any of Provo Craft’s copyrighted material.

 

11. Persons creating personal craftwork items for sale are responsible for complying with any state and local business and tax regulations or any other laws or regulations governing the sale of goods.

 

12. Persons subject to this license  assume all liability for suitability of their work and for any CLAIM OR cause of action arising as a result of the sale, offer for sale and/or distribution of their work and agree to indemnify and hold harmless Provo Craft and Novelty, Inc. and its artists from disputes arising from the sale, offering for sale and/or distribution of their work.

 

13. Provo Craft and Novelty, Inc. is a Utah corporation.  The laws of the State of Utah govern this licence.  The state and federal courts of Utah will have exclusive jurisdiction over any proceeding arising from this policy.  Any person that operates under this limited license expressly agrees to be subject to personal jurisdiction in the courts of the State of Utah.  Any failure by Provo Craft to enforce any of its rights will not constitute a waiver of such rights.

 

For more information about our using our products designs or images, contact Provo Craft and Novelty, Inc. Marketing, at 1-800-937-7686.

Effective Date: May 25, 2005       

Provo Craft reserves the right to amend or change this policy at any time.

 

 
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