Terms of Use


In order to use the images and/or services provided by Sweet Peas Tubes & Clipart (also referred to as "Sweet Peas Tubes"), there are terms of use that you (the "Buyer") must follow. If you do not agree with these terms of use, or the privacy policy, please do not sign up for a membership or use the services offered at Sweet Peas Tubes & Clipart.  It is YOUR responsibility to read, understand and abide by these terms.  If you are unsure about anything in these terms, please send an email to sweetpeastubes[at]rogers[dot]com before signing up or using any files from Sweet Peas Tubes.  This is a legal and binding agreement between you (the “Buyer”) and Sweet Peas Tubes & Clipart, (“Sweet Peas Tubes”).


Disk Images, Mini Pack Images, Membership Area Images, Freebies and Archived Freebies

 
Purchase of these Products from Sweet Peas Tubes grants the Buyer a limited, non-exclusive, non-transferable license to use the contents of the encapsulating zip file(s) on this site.

Sweet Peas Tubes retains all copyrights to the images contained on disk, in mini packs, in the freebie areas and in the membership area.   The Buyer is not purchasing the images, only the right to use the images.  These images may not be redistributed or sold as is or in there raw format, in whole or in part, in any way. 

This includes, but is not limited to Paint Shop Pro and Photo Shop brushes, Paint Shop Pro tubes, nozzles, stamps, transparent gif files without backgrounds or significant changes made or png files with out significant changes made.  The Buyer shall not use the images in such a way that the original materials could be extracted.  Adding two images from Sweet Peas Tubes together do not make it a new image, it makes it two images from Sweet Peas Tubes added together. They cannot be added to a tube /clipart collection for download in a members area, on the web or on disk; for free or for sale.

The Buyer may copyright any newly created  image(s) using the purchased, original image files, provided the original image files remain protected from being extracted from the derivative work. The Buyer may use the images for personal or commercial projects, as long as the original work is protected from extraction and the Buyer has not violated any other terms of the license.

You may not store these images (in there raw format) any place on a network or on the internet where they may potentially be referenced by a third party ie: Photo bucket, 4shared, any websites etc…

If Sweet Peas Tubes feels that any of the original image(s) can be extracted from the Buyer's derivative work, or that the original image(s) are being re-distributed without written consent or  proper license to do so, Sweet Peas Tubes may require both the original and derivative work, and all copies thereof, to be deleted. The buyer may be banned from this site, and any downloads will no longer be available. Upon receipt of such a demand, the Buyer shall immediately delete all image files, both in original and derivative form, contained in the notice.

The Buyer will also be billed and held responsible for payment of a re-distribution license for re-distributing images that are copyright to Sweet Peas Tubes.  This license is required to be purchased for each and every re-distribution that takes place. Every time an image has been downloaded by another person and has been provided by the Buyer without written consent or the purchase of a re-distribution license from Sweet Peas Tubes it is considered to be an infringement.  The cost of this license is between $50.00 USD to $500.00 USD depending on the image(s) in question.


Sweet Peas Tubes retains the right to resell this work at any price to anyone else, or stop selling it at any time.



You may use these images to:

1. Create artwork for personal use or commercial use.
2. You may use these images for candy wrapping, tag making, web sets, web design, stationary, prints, avatars, blogs, café press items, etsy items, zazzle items etc… and scrap book sets (within reason, merged images only and only if Sweet Peas Tubes original image(s) are protected from being extracted).
3. You may use another artists work with any of the images from Sweet Peas Tubes provided that they allow the same.

You may not use these images to:

1. Create dolls heads/bodies that are being shared or sold (personal use is fine).
2. Scrap Book sets that include Sweet Peas Tubes image(s) in there raw format and/or allow Sweet Peas Tubes original image(s) to be extracted.
3. Create applications or "apps" for social networking sites such as Face Book, either for the core application itself or for the prizes given away when the application is played.
4. For graphics to be uploaded and /or used on the glitter-graphics. com site or to make graphics that are to be uploaded and/or used on any site that shows a blatant disregard for copyrights.
 

If you have specific ideas in mind and want to double check, please feel free to use the contact me form at the bottom of this page.


Logins, Passwords and Electronic Downloads
 
Each member chooses their own unique login and password.
This information can not be shared with anyone.  It is for one user and one user only.
Each IP address is logged and attempts from different IP addresses to log in are recorded.  The system is automatically set up to lock an account if too many attempts have been made from different IP addresses.  After an investigation is made, if the Buyer is found to be sharing his/her login information and/or password and /or download links with other person(s), the Buyer will have his/her membership terminated immediately and no refund will be given.
The Buyer will also forfeit the right to use anything he/she has purchased and/or downloaded from this site in the past and Sweet Peas Tubes WILL require both the original and derivative work, and all copies thereof, to be deleted. The buyer WILL be banned from this site, and any downloads will no longer be available. Upon receipt of such a demand, the Buyer shall be immediately required to delete all image files, both in original and derivative form, and all copies thereof, to be deleted.
There are NO exceptions to this rule.

* A word of caution *
If you sign up for membership and try to log in from two different places (i.e. work and home) the system will automatically lock your account, a different ip is a different ip and the system does not know that you are the same person that is just in a different place.  Therefore, if you are wanting to log in from more than 1 ip address than this sites membership is not right for you. If you insist on doing this even after my warning, then please understand you will have problems every time you try to log in and I will not tolerate rude emails about it.
 
If you co-own a site with another person (s) or operate a site with another person (s) and plan to make and give/sell items away that you have made using the images at Sweet Peas Tubes, all owners/designers/operators of the site must have there own (active) membership.

Effective immediately, I will not tolerate any type of troublesome behavior.  If the Buyer joins this site whether it be a paid membership or a community membership or purchase products with false or misleading information for what Sweet Peas Tubes considers to be devious purposes, Sweet Peas Tubes will terminate whichever membership(s) the Buyer has and revoke the user license for anything the Buyer has purchased, downloaded or saved. At which time The Buyer will also forfeit the right to use anything he/she has purchased and/or downloaded from this site in the past and Sweet Peas Tubes WILL require both the original and derivative work, and all copies thereof, to be deleted.
There will be no refunds given and there will not be second chances.
There are NO exceptions to this rule.

 
If the Buyer insists on signing up, purchasing a disk or other items; knowing that I have asked that he/she not sign up for any of the reasons above, the Buyer will be denied access and will receive a refund minus a $5.00 processing fee (for my time) and any Pay Pal fees I have incurred and that is only if the Buyer has not signed in yet.  If Sweet Peas Tubes is made aware of this situation after the Buyer has signed in (even if it's only once) the Buyers membership will be terminated with out any refund what so ever.  The Buyer will also forfeit the right to use anything he/she has purchased and/ or downloaded from this site in the past and Sweet Peas Tubes WILL require both the original and derivative work, and all copies thereof, to be deleted. The buyer WILL be banned from this site, and any downloads will no longer be available. Upon receipt of such a demand, the Buyer shall immediately delete all image files, both in original and derivative form, and all copies thereof, to be deleted.
There are NO exceptions to this rule.

 
If you have been banned for any reason and still insist on sending your friends in for you they will also be banned without refund.


Site layout and Sample thumbnails:

Sweet Peas Tubes claims copyright and owner ship to all designs, text, html, css coding and images uploaded for the site layout unless other wise stated.  This includes preview images for all disks, mini packs, and any other graphics found out side of the membership area.  Nothing is to be copied and pasted elsewhere and is only to be used by Sweet Peas Tubes.
All random preview thumbnails have been created by Sweet Peas Tubes and are integrated into the home and stats page to let everyone have an idea of what is contained inside of the membership area.  Under no circumstances are these thumbnails to be redistributed or sold as is, altered, tubed or otherwise.

Please do not link to any page inside of the membership or community area.
The membership and community area are only accessible to members and will not work for non members.
 
 The appropriate link to use is:
 http://www.sweetpeastubes.net
 
You may use the banners below if you wish, or a text link is fine.  Make sure to save it to your own hard drive and upload it to your site.  No link back or credit information is required for any of the images used.  If you belong to a site/group that requires link backs, credit or copy right information a small "tube-sweetpeastubes.net" somewhere on the image is fine and again the link to use is above.











  



User Agreement and Refunds:

When applying for membership you must choose yes to agree to the terms of use and privacy policy.  You are also agreeing that you will follow the terms of use even if you have not read them.  If you do not chose to agree, your membership application will not be processed.  There are no exceptions to this.
Failure to follow the terms of use will result in cancellation of your membership and no refund will be given.
 
 These same terms of use also apply to any purchase made.
 
 Because of the nature of the services offered at Sweet Peas Tubes & Clipart, no refunds will be made once a user has signed into the membership area, downloaded any content or opened a disk.  In the event where a disk is damaged during shipping an exchange for the same title can be made.

Effective immediately we will no longer accept payments made through Pay Pal that have unconfirmed address's on the account or do not have an address listed on the account, unless you have been referred by another member.
 
Sweet Peas Tubes reserves the right to delete the site at any time without warning in an unforeseen situation.  If that should ever happen, no refunds will be made; however, we would do our best to make sure there was ample warning given well ahead of time.
 
Sweet Peas Tubes will not be held responsible for site downtime that is beyond our control, nor will we offer refunds for downtime caused by our hosting provider (server).  In the event that we are performing site maintenance we will let all members know before hand and if the site is down more than 12 hours due to maintenance we will extend all memberships to make up for lost time.

Due to a recent accident and the injuries that I suffered because of it, updates are not guaranteed at any time. As always I will do my best to make updates to the site but please do not email me with attitude because you expect updates everyday, every other day or even every week. I will not make any kind of guarantee for any updates during any time period.  It is just not going to happen and your email will not be answered in a timely manner (if at all). If this is a problem for you, do not sign up.  If you purchase a Membership, Disk or Mini Packs, please allow at least 48 hours for your links and/or confirmation letter.
 
Sweet Peas Tubes reserves the right to reject any application for membership at any time and will not be required to provide a reason for this decision.
 
Governing Law:
The License shall be governed by the laws of the Province of Ontario. For the purposes of the License, each party hereby consents to the personal jurisdiction and exclusive venue of any court located in Toronto, Ontario, Canada.

 
You may use the contact form at the bottom of this page for any clarifications of the terms of use, privacy policy, disk and mini pack previews or sample images shown on the home page before signing up for membership, buying a disk or buying mini packs.  Please be advised it may take up to 48 hours for a response.
 
 
Sweet Peas Tubes holds the right to modify or change these terms of use at any time without prior notice.