Couture Creations Angel Policy

Couture Creations and their brands (“Couture Creations, Craft Concepts and Ultimate Crafts”) hereafter referred to as (“Couture Creations Brands”) are excited that individuals wish to create and sell personal craft items incorporating our embossing folders, dies and other elegantly designed products. Please read this entire Angel Policy carefully to see how it applies to you and your proposed sale of crafted items.

Any person or entity who uses Couture Creations Brands products and copyright materials as defined below agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. Couture Creations reserves the right to modify and/or terminate the limited permission granted in this Angel Policy for any reason and at any time, in its sole discretion.

Definitions

Angel Policy means this permission document. Couture Creations will change this Angel Policy from time to time and post the most recent version on each respective website. Copyright Materials means products, designs and images that are subject to protection as works of authorship under Australian or international copyright laws. Copyright materials may be owned by Couture Creations or licensed as Third Party Rights to Couture Creations. Finished Product means completed projects (e.g. cards, scrapbook pages, 3D projects, cakes) with multiple cuts permanently affixed. Mass Production means any of these: (a) production in quantities of more than seventy (70) Finished Products per year; (b) production by more than one person in an assembly line fashion; (c) production by a person other than the individual who created the original craftwork item or Finished Product, or by a member of his or her family; or (d) production in a factory.
Third Party Rights means trademarks, copyrights, and patents owned by third parties other than Couture Creations Brands, made available to Couture Creations Brands under license. Use of Third Party Rights by Couture Creations and its customers, including under this Angel Policy, may be subject to Third Party Rights Restrictions. Third Party Rights Restrictions means any use restrictions imposed by Couture Creations brands licensors of Third Party Rights, as set forth in the end user license agreements, instructions, user manuals or other documentation provided by Couture Creations Brands with the applicable products that make use of such Third Party Rights.

Permission

Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Couture Creations hereby grants limited permission to private individuals to incorporate Copyright Material and Third Party Rights into Finished Products that may be offered and sold to others, but only in the quantities and in the manner expressly permitted in this Angel Policy. Any person who uses Copyright Material or Third Party Rights pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. No individually cut pieces of Copyright Material made by or with Couture Creations Brands products.

Terms and Conditions

All Copyright Materials and Third Party Rights are protected under applicable Australian and international copyright, trademark and patent laws, which means that they cannot be copied or incorporated into craftwork items and sold to others without the written permission of Couture Creations or its licensors.
Any Finished Product to be sold under this Angel Policy must either not incorporate Third Party Rights, or if it does, the sale must comply with all applicable Third Party Rights Restrictions.

    • Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited except as provided in Section 7 below, no person may use, and this Angel Policy does not permit use of the Couture Creations trademark or any other trademarks, trade names, trade dress or logos of Couture Creations Brands. Neither the Couture Creations name or trademark nor any other trademarks, trade names, trade dress or logos of Couture Creations Brands may be used at any location where personal craftwork items are sold, nor may they be used in any manner to advertise or promote such items nor in a manner that states, suggests or implies an endorsement or sponsorship by, or affiliation with Couture Creations Brands.
    • Use of Copyright Material or Third Party Rights for the purpose of creating logos, trademarks, trade names, trade dress, labels, tags or packaging (e.g., company trademarks, product trademarks, product packaging, etc.) is strictly prohibited.
    • Each Finished Product that incorporates any Copyright Material must be conspicuously marked with the notice “Includes Copyright Material of Couture Creations” in a reasonable size and location on such items, or on tags or labels for such items.
    • Copyright Material may not be altered in any manner, including without limitation, copyright notices, or the like. Any such alteration will be considered an infringement of copyright. Couture Creations expressly reserves all moral rights in its Copyrighted Material.
    • Couture Creations may post such modifications or terminations on this website, notify affected persons in writing, or both. Any modification or termination posted on this website shall be deemed effective and binding upon all parties five (5) business days after posting. Any modification or termination that is separately given in writing (including by email) to any person, shall be deemed effective and binding upon that person immediately upon receipt. Upon termination, all copying, sales, distribution, advertising and marketing of any of craft items incorporating Copyright Material shall immediately cease.
    • Persons offering or selling Finished Products pursuant to this Angel Policy are solely responsible for complying with any and all applicable federal, state and local laws and regulations.
    • Persons creating Finished Products items pursuant to this Angel Policy assume all liability and responsibility for suitability of their craftwork items and for any claim or dispute arising as a result of the sale, offer for sale and/or distribution of their items and agree to indemnify and hold harmless Couture Creations and holders of any Third Party Rights from disputes arising from the sale, offering for sale and/or distribution of such items.
    • Couture Creations is an Australian Company based in Queensland. The laws of the State of Queensland govern this Angel Policy. The state and federal courts of Queensland will have exclusive jurisdiction over any proceeding arising from this policy. Any person who makes and sells Finished Products under this Angel Policy expressly agrees to be subject to the exclusive personal jurisdiction of the courts of the State of Queensland. Any failure by Couture Creations to enforce any of its rights or any Third Party Rights will not constitute a waiver of such rights.

For more information about using Copyright Material or any Third Party Rights, or if you have any questions regarding this Angel Policy and Couture Creations Brands, please contact Couture Creations via email: sales@artdecocreations.com.au