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Below
are Kirstin's current and up-to-date Image Usage
Terms that apply to all her images both online
and offline, in print, product or digital form.
Please read them carefully if you are interested
in using any of Kirstin's images.
Kirstin works hard and
puts a lot of love, effort and energy into each
of her artworks and the products she creates for
the enjoyment of others. Please respect her
right to make a living from her efforts and
carefully read and comply with these image usage
terms before using any of her images.
Licensing
proposals for commercial products are welcome
and Kirstin is very reasonable to approach.
All
images created by Kirstin Mills, whether electronic images, hardcopy prints,
original artworks, products or web design images, shown on this website or
elsewhere, are copyright © Kirstin Mills. Kirstin reserves the copyright and
intellectual property rights for all of her artworks and designs and use of
any of these artworks or designs is strictly prohibited without Kirstin's
permission. The conditions for limited use of Kirstin’s artworks and images
are outlined below.
You may not take, copy, use or distribute any of Kirstin’s images
from this website or elsewhere without reading, understanding and complying
with these image usage terms. Copyright infringement is a serious offence
and as such, will be dealt with very seriously.

Commercial use without a
license agreement is strictly prohibited.
Commercial
use of Kirstin’s images without explicit written agreement in the form of a
licensing contract from Kirstin Mills is strictly prohibited. Without such
written agreement, Kirstin’s work is not to be reproduced, resold, used or
distributed in any way, including but not limited to derivative works, the
selling of products, and uses in connection with the promotion of any type
of product or sales. In short, if you intend to make a profit from the use
of Kirstin’s images you need to
contact Kirstin directly to discuss a licensing agreement. Furthermore, no
use of any image may infringe upon the rights of existing or potential
licensees of Kirstin Mills’s artworks.
Derivative
works and EBay: The use of Kirstin’s images to manufacture products for sale
in any form or through any market such as EBay is strictly prohibited and is
a serious copyright infringement. For example: sticking a Kirstin Mills
print on a box and selling it is not included in the usage terms. If you
wish to sell such derivative works then you need a licensing agreement.
Business
and online store use: It is prohibited to use Kirstin Mills's images as part
of online auction templates or as part of any online shop logo. It is also
prohibited to use Kirstin’s images for any business logo, stationary,
promotional material or signage.
For
companies wishing to license Kirstin’s artworks and images, please
contact Kirstin directly.

Use of Kirstin Mills’s
artworks on personal websites
Kirstin
Mills’s artworks and images may only be used on personal websites with a
focus on artwork or a theme related to Kirstin’s art (eg. Fantasy, new age,
pagan, cats etc). Kirstin’s images may not be used or represented in any way
that is unrelated to Kirstin’s artwork and themes. Further, the images must
not be seen as endorsing or associated with any other entity, person or
organization. The website must not be offensive or promote offensive
materials including but not limited to R rated materials, prejudice, porn,
gambling, or other such themes. The following requirements MUST be followed
to allow use of Kirstin’s artwork on your personal website:
-
Save the
image to YOUR server, do not link to the image at www.kirstinmills.com
-
Do not
alter the image IN ANY WAY. Do not remove the copyright banner. All
images must fairly represent the original work and be used in their
entirety without tampering, additions, cropping or other manipulation
that would affect the integrity of the artwork.
-
The webpage
which displays the image or artwork must link to www.kirstinmills.com
and visibly acknowledge Kirstin's intellectual ownership of the image.
The following statement is acceptable for this purpose: "Artwork by
Kirstin Mills ©" Please be sure to spell my name correctly (i
before r)!
J
Kirstin
Mills licenses her artworks and images to you for the limited purpose of
displaying them on your personal website and she reserves the right to
revoke, amend or alter this license on an individual basis at any time.

Use of Kirstin Mills’s
artworks for a non-profit or charity event
Please
contact Kirstin about these as usages differ. You may be offered
purchase of Kirstin Mills merchandise at wholesale rates for suitable
quantities or a limited usage agreement. However, in respect to
manufacturer's licensing contracts and properties ownership, free use of
Kirstin's artworks for some items is not permitted.
Tattoos
Tattoos based on Kirstin's artwork are allowed
for individuals, but tattoo artists are not allowed to commercially offer
the designs without a signed usage agreement. If you would like a tattoo of
one of Kirstin's artworks you are requested to first buy a print of the
artwork. This allows you to look at the artwork you wish to permanently keep
on your body for a while before getting it done, and also gives the tattoo
artist a good quality image to work from (so they get it right!). You may
also like to send in a photo of the finished tattoo for show in the Fan
Gallery!

Personal Use of Kirstin’s
artworks
Personal use of Kirstin’s artworks and images
is at your discretion, as long as it remains entirely personal and is not
associated in any way with for-profit, commercial or offensive (as outlined
above) material or organizations. Acceptable examples include: displaying of
purchased artworks and the creation of personal works or “fan art” based on
Kirstin’s art (when strictly not used for commercial benefit). With fan art,
credit should always be given to Kirstin Mills for the original
design/inspiration. All such personal uses of Kirstin’s art, whether
tattoos, creative wall displays, cushions, ceramic figures etc may be
photographed and sent in for display in the Fan Gallery!

Pursuit of Copyright
Infringement
Copyright
infringement of Kirstin's artworks and images is treated very seriously.
Generally, an informal cease and desist letter is sent to the alleged
infringer as a courtesy before any formal action is taken. Compliance with
this letter, i.e., removing or retracting the infringing case, is
appreciated at this stage and avoids resorting to legal action.
EBay auctions will be ended immediately through the EBay Vero program.
Non-compliance with a cease and desist request can result in the matter
being taken to official parties, including web hosts (e.g., Oztion, EBay,
Second Life officials), and the courts. Those infringing copyright could be
liable to pay back earnings they have made through the illegal sale of
Kirstin Mills’s copyrighted materials.
The
excuse "I didn't know it belonged to anyone" is NOT a valid one. Every image
ever created WAS CREATED BY SOMEONE and they therefore own that image,
unless explicitly stated. As that excuse would not work for a stealing a car
left unattended in the street, so it does not hold for stealing an artwork
or image that doesn't list its artist. Yes, copyright infringement is
stealing.

Reporting Illegal Use of
Kirstin’s Work
Copyright
infringement is thievery and hurts not only the artist, who put so much time
and energy into creating her products, but also the unwary consumer who may
fall into the trap of purchasing fake or inferior goods. If you see
Kirstin's art or associated products anywhere for sale or general use that
does not show credit to Kirstin Mills or copyright acknowledgement, and is
not following the terms of use on this page, please
contact Kirstin directly with the
details. Please do not contact the person or group yourself. The item may be
licensed legally or from a legitimate retailer, but all reports are welcome.
General red flags include the selling of the artwork without credit to
Kirstin as the artist or the person claiming they created the artwork
themselves.
For
reporting previously unidentified cases of illegal commercial infringement
of Kirstin Mills’s copyright, Kirstin may send you a token of her gratitude.

Further
rights reserved
These terms for the
correct and proper use of Kirstin Mills’s artworks and images are guidelines
only. Kirstin reserves the right to make future changes to these guidelines
at any time. By using any Kirstin Mills image, you thereby consent to these
guidelines and any future changes. Kirstin reserves the right to require
changes to any individual or group's use, layout, design, quality and other
elements pertaining to any Kirstin Mills image and its use.
All Kirstin Mills’s images and artworks fall under these usage and copyright
terms irrespective or where or in what matter or medium they were obtained,
including, but not limited to, other websites such as MySpace, Deviant Art,
or other art galleries, personal websites, purchase of original artworks,
prints or products, or other licensed manufacturer's products or catalogues.
No matter if it is altered, the copyright of the artworks and images remains
with Kirstin Mills under the derivative works terms of Australian and
International Copyright Law.
Infringement of Kirstin's copyright is thievery and will be dealt with very
seriously.

For more detailed
explanations of Australian and International Copyright Law see the following
links:
What
Is Copyright Protection?
Ten Big Myths About
Copyright Explained
The Australian Copyright Council

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