SignatureDesignzClub

Terms changed

For G and PG-rated groups, please credit like this:

List of PSP Tubes artists:

Abbo Art
Angie Monasterio
Armando Huerta
Artplaymix
Baron Von Lind
Gerald Brom
Carlos Cartagena
Chris Achilleos
Christine Kotlark
David Vicente
Elias Chatzoudis
George Coghill
Head Hunter
Heiesuke Oda
Homies
Jacqueline Tarrolly
James Ryman
Jay Trembly
Joe Chiodo
Keith Garvey
Kirsten Easthope
Leigh Young
Lisa Petrucci
Marjolein Gulinski
Maxine Gadd
Michael Calandra
Mitch O'Connell
Nemain Ravenwood
Peter Bratt
Ralph Burch
Ray Leaning
Sandra Chang
Scott Blair
Senti Art
Sonia Roji
Steel Art
Ted Hammond
Tyson McAdoo
Venjamin Jimenez
Viktor Jung

My PSP Tubes Terms of Use

1. My PSP Tubes artists work may NOT be printed in any way, shape or form without a contract between the creator and the My PSP Tubes artist. These are for online/digital use only!

2. No My PSP Tubes artist image, composition or product may be sold or bartered or used for profit or "break-even" endeavors in any way. Donation buttons are not permitted on sites using My PSP Tubes artist images. However, use of an official My PSP Tubes affiliate banner (provided by Sticker Chick) may be used by license holders and non-licensed holders who wish to register with the My PSP Tubes Affiliate Program. License holders may NOT create their own banners for the affiliate program.
Creations made featuring My PSP Tubes images may not be used in any commercial endeavor. To find out about commercial licensing, please contact My PSP Tubes.

3. My PSP Tubes reserves the right to use all creations (tags, poems, etc.) for marketing and other advertising and promotional purposes in cooperation with the original artist. All tag makers must provide contact and copyright information in order to receive credit for their tag creation(s) in any publication.

4. No My PSP Tubes image may exceed 72 dpi (dots per inch) or ppi (pixels per inch) nor may it exceed 7 inches (17.78 cm - 504 dpi) on its longest side for a regular tube and 14 inches (36cm �?1000dpi) for a jumbo tube.

5. All My PSP Tubes artist images must have the copyright symbol, full name of the artist and artist website (dependent on group rating) plus your My PSP Tubes (or Sticker Chick) License # clearly legible (this may be placed within 1 cm from the My PSP Tubes image in a border or blank canvas around your tag). You may not place a copyright mark with your name on or around the image as it is considered a derivative work. You can, however put "tubed, tagged, sig by" or your watermark.

For G and PG-rated groups, please credit like this: © Full Name of Artist, My PSP Tubes License Number.

6. You may use only the My PSP Tubes images in your licensing package. If you have been using My PSP Tubes artist images for which you currently do not have a My PSP Tubes License, those may not be used.

7. All illegal use of My PSP Tubes images should be reported to [email protected]

8. My PSP Tubes tubes and images may not be "file-shared." Distributing My PSP Tubes tubes and images individually or through "file-sharing" is strictly prohibited. This includes distribution through any electronic or digital means. Failure to comply with this could result in the forfeit of your license number. It is also a clear violation of the Terms of Use (TOU) to share blank tags; however, snag tags may be shared. Tags made be created for offer as long as they are not blank and the appropriate copyright credits and license is on each tag.

9. The integrity of My PSP Tubes artist images must remain intact in all creations. Elements of the tags such as clothing and jewelry may be sparkled or use light noise. Borders, lettering, names, etc. may be added, animated, sparkled, etc. to enhance the main image. You may make eyes of any My PSP Tubes artist image blink and hair move, but absolutely NO BREATHING IMAGES. You may also grayscale the image for monochromatic tags or colorize an image to match the tag. You may use partials of the images such as close up profiles (headshots, portrait
poses, waist/chest), but you may not switch heads on images. Blends are allowed as long as there is at least one close up image. My PSP Tubes artists reserve the right to amend any or all of these terms at any time. Please check the artist's TOU included with each package for any amendment to terms, if any.

10. Do not mix artists. The work of My PSP Tubes artists may not be blended with the work of another My PSP Tubes artist or any other artist not affiliated with My PSP Tubes. You can however use credit free stock photography, your own made elements and other non-royalty elements as explained in paragraph 11 and 12.

11. Placement of "small" elements to cover prohibited parts of My PSP Tubes R rated images in order to allow for their usage in PG rated groups is permitted. Other small elements such as halos, hats, wings, horns and smaller clothing articles and accessories may be added as long as the additions are in a tasteful manner and are consistent with the integrity of the original image. Clothing may also be colorized (or darkened) to cover prohibited parts in R rated images in order for usage in PG rated groups. My PSP Tubes artists reserve the right to amend any or all of these terms at any time. Please check the artist's TOU included with each package for any amendment to terms, if any. When in doubt, please contact My PSP Tubes for clarification.

12. Stock photography may be used in any signature tags created with any My PSP Tubes artist. When combining My PSP Tubes art and stock photographs, you must display copyright information like this: 1. Artwork © Artist name, website (if applicable according to the rating of the group) 2. Photo © Photographer Name or Site Name, website (if applicable according to the rating of the group) - My PSP Tubes license number. Both lines must be on your tag. Usage of your own photography in the background of tags created with My PSP Tubes artist images is permitted. When combining My PSP Tubes artists and your own photography, you must display copyright information like this: 1. Artwork © Artist name, website (if applicable according to the rating of the group) 2. Photo © Your Name - My PSP Tubes license number. Both lines must be on your tag. When placing your copyright information on the tag, DO NOT place your website domain (if you own one). DO NOT place a "©" symbol in conjunction with tag credit. Used "tagged by" or some similar wording.

13. You may create tutorials using My PSP Tubes artist images however you must very clearly state on the page that persons following the tutorial must not use the same images in the tutorial unless they have the appropriate My PSP Tubes artist license to do so and you must supply a link for the reader to obtain a license.

14. Incredimail Stationery (stat) featuring My PSP Tubes art IS allowed. Appropriate copyright including your license number must be given in two (2) places on the stationery: 1. By the actual artwork on the stat and 2. In the credits at the bottom of the stat.

15. Websets, calendars and desktop backgrounds are allowed. Appropriate copyright including your license number must be given in the credits.
Please email any questions regarding PSP tubes to [email protected]
Website: http://www.MyPSPTubes.com

Hi all

As most if not all of you will know there has been a lot of discussion regarding Stickerchick/MyPSPTubes terms of use which have been changed recently.

The full terms of use can be viewed here:

http://www.mypsptubes.com/psp-tubes-terms.htm

The impact of these new terms of use MUST be considered by everyone involved in PSP - whether they just make tubes to share, whether they make tags and even if they are just people who love to receive and use tags made by others.

Mona and I have discussed and perused the information, and hope that you will take the time to read it all too - because its important you ALL understand the impact these Terms can/could have on you.

My PSP Tubes Terms of Use

1. My PSP Tubes is the sole and exclusive owner of all My PSP Tubes graphic art packages (“Tubes�?, comments, codes, tutorials and signature tags (“Products�? displayed on its website including the rights relating thereto.

Stickerchicks interpretation of this point is as follows:

This is intended solely for the company itself and does not affect creations made by licensees. This only pertains to any tutorials, banners, headers or graphics that are displayed on company websites. Again, this has nothing to do with an individual's tags or websites.

Our thoughts on this:

Regardless of the fact that they are stating this applies to "the company itself" this, to my mind, is them saying that they "own" everything relating to the tubes they sell - how can that be the case - they are licensing for an artist - selling an artists tubes does not give them sole rights to tubes, comments, codes, tutorials and tags?? The art belongs to the artist surely??? And in the same vein a tutorial owns the rights to their tutorial (not the art of course) but MyPSPTubes does hold any rights to that tutorial just because it has a tag within it made with a tube they sold?????

2. My PSP Tubes Tubes and Products may not be printed in any way, shape or form without a contract between the creator and My PSP Tubes. These are for online/digital use only!

Stickerchicks interpretation of this point is as follows:

This means that you cannot print out a graphic and use it on T-shirts, greeting cards, business cards, prints, etc. You can print out tutorials on the Internet for your own personal use (for example you can print out a tag you've made or that has been made for you and place it in your scrapbook or print out a tutorial for your personal use for reading or later use).

3. No My PSP Tubes Tubes and Products may be sold or bartered or used for profit, commercial or "break-even" endeavors in any way. To find out about commercial licensing, please contact My PSP Tubes customer service. Furthermore, no Tube or Product may be displayed on any website or community that offers private or commercial services to the public.

Stickerchicks interpretation of this point is as follows:

This statement pertains to commercial sites only. You cannot display licensed artist images on a commercial website without a commercial license (example: if you own a website that sells web-sets to the public, this is considered a commercial site. This has nothing to do with free image hosting sites or communities that may have ads on it).

Our thoughts on this:

So how come MyPSPTubes can sell or barter or use for profit then???

4. My PSP Tubes reserves the right to use all Products made with Tubes (tags, banners, etc.) for marketing and other advertising and promotional purposes and do not require to display a license number.

Stickerchicks interpretation of this point is as follows:

This is for advertising the artists with banners on artist's sites, or advertising the company as a whole using artwork by any signed artist. This does not affect licensees.

Our thoughts on this:

So you make a tag and MyPSPTubes can do what the hell they want with YOUR tag - without a license number???

5. No My PSP Tubes Tube may exceed 72 DPI (dots per inch) or ppi (pixels per inch) nor may it exceed 7 inches (17.78 cm - 504 pixels) on its longest side. All Tubes purchased from My PSP Tubes will be around or exactly 504 pixels and may not be upsized to have a larger tube.

6. All My PSP Tubes Tubes must have the copyright symbol, full name of the artist and artist website (depending on group rating) plus your My PSP Tubes License number clearly visible. You may not place a copyright symbol with your name on or around the image as it is considered a derivative work. You can, however put "tubed, tagged, sig by, etc" as your tagging mark.

Please credit your creations like this: © Full Name of Artist / Artist website / MPT####

MSN group members are allowed to omit the URL.

Stickerchicks interpretation of this point is as follows:

You do not have to delete old tags or tutorials with the SC#### license on it, those are perfectly legal. However, because the tube company is called My PSP Tubes, it is only logical to have the license match the abbreviated company name (MPT). Sticker Chick is actually the product company so the SC#### is no longer relevant and is not associated with digital images.

Our thoughts on this:

If you have made a tag and put MPT and your number you have agreed to these new terms of use and can be bound by them. Therefore if you are of the mind that you DO NOT agree to these new terms the last thing you want to do is use MPT with your number.

7. You may use only the My PSP Tubes images in your licensing package. If you have been using My PSP Tubes artist images for which you currently do not have a My PSP Tubes License, those may not be used. Purchasing an image and acquiring a license does not give you the unlimited access to any image except the one you've purchased directly.

8. All illegal use of My PSP Tubes Tubes or Products should be reported to [email protected]

9. My PSP Tubes Tubes and Products may not be "file-shared". Distributing My PSP Tubes Tubes and Products individually or through "file-sharing" is strictly prohibited. This includes distribution through any electronic or digital means - sending through sharing groups, uploading to personal websites with downloadable access, or via personal email from one person to another. Tags may be created for offer as long as they are not blank and the appropriate copyright credits and license are on each tag. Blank tags and "stats" are also prohibited. A shared tag or stat must have text on it to some degree, making it "designed", therefore, not blank.

10. I) The integrity of My PSP Tubes artist images must remain intact in all creations. Elements of the tags such as clothing and jewelry may be sparkled or use noise. Borders, lettering, names, etc. May be added and animated, to enhance the main image.

Ii) You may make eyes of any My PSP Tubes artist image blink and hair move, but absolutely NO BREATHING IMAGES. Breathing images will ONLY be allowed by artists who have personally approved it.

Iii) You may convert the image to grayscale or colorize an image to match the tag (all one color - example: sepia).

Iv) You may not recolor clothes, hair, eyes or skin. You may use partials of the images such as close up profiles (headshots, portrait poses, waist/chest), but you may not switch heads on images.

V) Blends are allowed as long as there is at least one close up image.

Stickerchicks interpretation of this point is as follows:

Full animation is only allowed by artists that have given permission. Necessary TOU amendments reflecting this permission will be posted on the individual artist's page on the My PSP Tubes website

11. Do not mix artists. The work of My PSP Tubes artists may not be blended with the work of another My PSP Tubes artist or any other artist not affiliated with My PSP Tubes.

12. Placement of "small" elements to cover prohibited parts of My PSP Tubes R rated images in order to allow for their usage in PG rated groups is permitted (example: star, bar, Tex, circle, etc). My PSP Tubes artists reserve the right to amend any or all of these terms at any given time.

13. Stock photography may be used in any signature tags/stats/banners created with any My PSP Tubes Tube. When combining My PSP Tubes art along with stock photographs, you must display copyright information like this:

© Artist name, website (if applicable according to the rating of the group)

© Photographer Name and/or Website

My PSP Tubes license number

All information must be included on your creation. Usage of your own photography in the background of tags created with My PSP Tubes Tubes is permitted. When combining My PSP Tubes artists and your own photography, you must display copyright information like above.

14. You may create tutorials using My PSP Tubes artist images however you must clearly state on the webpage that persons following the tutorial must not use the same images in the tutorial unless they too have the appropriate My PSP Tubes artist license to do so. You must supply a link for the reader to obtain a license. You may not offer your licensed Tube or Product for download for any tutorial written and shared.

15. Websets, calendars and desktop backgrounds are allowed. Appropriate copyright including your license number must be given in the credits.

16. My PSP Tubes will allow donation buttons to be placed on group communities and websites so long as donations are for the upkeep of the community/site itself (removal of banners and pop-up ads). However, no donation buttons may be placed on any community, group, or internet website offering personal or professional commercial services. My PSP Tubes reserves the right to request the donation button, or the respective artist images, be removed right away if we feel it necessary. Failing to comply with this request will result in a suspended license.

17. My PSP Tubes reserves the right to amend, change or update their Terms of Use at any time. Any such changes will be effective immediately upon notification by way of postings to the My PSP Tubes website or other affiliate internet groups.

Stickerchicks interpretation of this point is as follows:

This applies to artists. If an artist gives permission for anything outside the standard TOU, the TOU will be amended for that artist and posted on his or her artist page on the MyPSPTubes.com website.

18. This amendment shall be construed under and in accordance with the laws of the State of California. This amendment constitutes the entire understanding of the parties hereto, supersedes any prior agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

Our thoughts on this:

If you have purchased new tubes since these terms of use were altered you are again agreeing to the new terms of use and can be bound by them.

19. My PSP Tubes will not honor any refunds for digital graphic purchases or any other products or services advertised on its website. Should you find the need to request a refund, please email contact [email protected]

20. i) You agree to defend, indemnify and hold harmless My PSP Tubes, its officers, directors, agents and employees, against all costs, expenses and losses (including reasonable attorneys�?fees and costs) incurred through claims of third parties against My PSP Tubes based on your use of My PSP Tubes Tubes and Products.

Our thoughts on this:

To us that reads that MPT get sued by someone over a tag I made, they have to pay whatever - they can then come to me for the monies paid against all costs, expenses, losses, (including reasonable attorneys'fees and costs) incurred through claims of third parties against MPT.

21. My PSP Tubes shall have the right, in its sole discretion, to prosecute lawsuits against third persons for infringement of My PSP Tubes Terms of Use.

Our thoughts on this:

The third person would be the taggee, ie the person who received the tag - and you could be sued for going against MPT even though you probably dont know who the hell they are. So if you tag with art from MPT you should send a copy or link to the MPT terms of use and tell the tagger to use the tag at their own risk

22. i) These Terms of Use shall be governed by the laws of California, irrespective of consideration of the law of California relating to choice of law.

ii) All disputes hereunder shall be resolved by binding arbitration in the State of California. You consent to be bound by such arbitration, and agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

Stickerchicks interpretation of this point is as follows:

20-22 These three terms apply only to violators who have been given prior warnings. Full investigations will occur and all evidence and correspondence is documented. This does not apply to license holders that are in good faith with the company.

Our thoughts on this:

So they can sue us but we cannot sue them yes??? Even if we are not responsible for the violation - or indeed if you post a tag and go against their terms you are screwed basically????

_________________________________________________

When reading all this you need to take into account the following facts:

They did state in their terms during the last week that they intend to ban the use of photobucket, etc - they intend to create their own photo upload site for us, you, to use.

This will then give them complete access to your tags - and they can snag them and do what the hell they want with them.

They are also asking for people to SELL tags to them - seems a good thing when you think you can make money from making a tag huh??? But selling a tag to them is going against the terms of use, #3.

These tags they want to buy from you need to be submitted in such a way that will allow them to alter them - they reserve the right to alter your tag that you spent maybe hours making - would you really want anyone doing that to your tags???

Then they can go off and sell your tags and reap the profits.

Ahh, but, they are gonna pay me $5 per tag I hear you say - out of that $5 if you dont already own that tube you gotta buy it. You also got to remember that if you sell them a tag you check the terms of use for the font you are using - if it cannot be used for commercial gain you cannot use it - doubt any free fonts would let you do that - so if you use a mask, brush, scrapkit, everything you put on the tag is gonna need to be made BY YOU cos you cant use someone elses bits and bobs to make a tag and then profit from it - sheeesshhhh - what a nightmare!!!!!!!!

Be honest - just how many tags do you really think they will buy off you.

But lets say they buy just one, and they then sell it hundreds of times - so they will have made heaps of dollars, you havent!!!!!

Over the last several years we have had it drummed into us that we cannot make a profit from tagging - but they can - sorry but that just isnt right.

_________________________________________________

My own personal thoughts on this are that when I take all of the above into account, and then add together the blogs, the nastiness, the accusations against an artist, the absolute total and utter lack of professionalism, well, I am sorry but I will not, under any circumstances, buy one more tube from this company.

A most recent acquisition of theirs I would love dearly to buy - and indeed myself and Mona came across an awesome artist on deviant the other day and I would have bought every single one of his tubes - if he wasnt recently acquired by MPT.

Some may say "well you are cutting your nose of to spite your face" no I am not, not at all, because if I did buy, I would be agreeing to these new terms, which they can and will alter every day if they choose to do so, and they will not notify us of those changes, it is up to us to check their terms regularly, and if I then do something wrong (like post a tag somewhere that they dont agree with) then they could come after me, after YOU, after any one of us, and issue a lawsuit against me or you.

And as much as I love the art of particular artists there, and as much as I would love to support them, I just cannot take that risk, and nor will I.

Besides which, the foundations are already starting to crack - same as GILD this has all starting toppling around their ears, artists have left already, more will follow suit - its just history repeating themselves so far better to sit back, watch the shit hit the fan, and then head off and buy their tubes when they join a reputable professional licensing company.

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