Licensing Information
By purchasing any design from The Design Atelier by Erika Kendrick, you acknowledge and agree to the following terms:
Terms & Conditions
for Licensed Digital Seamless Patterns
(The Design Atelier by Erika Kendrick)
These Terms & Conditions (“Terms”) govern the use of all digital seamless patterns (“Licensed Patterns”) created and sold by The Design Atelier by Erika Kendrick, owned by Erika Kendrick (“Licensor”). By purchasing, downloading, or using the Licensed Patterns, you (“Licensee”) agree to the following:
1. Definitions
- Licensed Patterns: Digital seamless design files purchased from Licensor.
- Personal Use: Use for private, non-commercial purposes (e.g., home décor, crafts, or personal projects).
- Commercial Use: Use for creating physical products for resale (e.g., apparel, fabric, stationery, or home décor items).
- Licensee: The purchaser or authorized user of the Licensed Patterns.
2. License Grant
Upon payment of the applicable fees and subject to these Terms, Licensor grants Licensee a non-exclusive, non-transferable, and revocable license to use the Licensed Patterns as follows:
- Personal Use: Licensee may use the Licensed Patterns for personal, non-commercial projects, including for their home, crafts, or private activities.
- Commercial Use (Limited): Licensee may incorporate the Licensed Patterns into physical products for resale, subject to the following conditions:The license covers the production of up to two hundred (200) manufactured items.For production beyond 200 items, Licensee must purchase an extended license (see Section 4.2).The Licensed Patterns may not be resold, shared, sublicensed, redistributed, or made available as stand-alone digital files, stock design elements, or templates.
3. Ownership & Copyright
All rights, title, and interest in the Licensed Patterns remain the sole property of Licensor. Licensee is granted usage rights only as specified in these Terms. No ownership or copyright transfer occurs.
4. Fees & Extended Use
4.1 Standard License Fee
Each Licensed Pattern includes a one-time, non-refundable flat fee of $75, which grants rights to produce up to 200 manufactured items.
4.2 Additional Production Clause
If Licensee wishes to produce more than 200 items incorporating the Licensed Patterns, they must purchase an extended license. The additional licensing fees are:
- 201–500 items: $50
- 501–1,000 items: $100
- 1,001+ items: Custom fee negotiated with Licensor
All extended fees must be paid before additional production begins.
5. Restrictions
Licensee agrees not to:
- Resell, share, or redistribute the Licensed Patterns in digital form.
- Upload or sell the Licensed Patterns on print-on-demand sites (e.g., Redbubble, Zazzle, Spoonflower, Society6).
- Use the Licensed Patterns in any way that allows others to extract, copy, or reproduce them as design resources.
6. Quality Control
Licensee agrees to maintain a professional standard of quality for products incorporating the Licensed Patterns. Upon request, Licensee must provide Licensor with photographs or samples of such products.
7. Term & Termination
- This license is perpetual for the approved usage amount (200 items, or as extended by additional fees).
- Licensor may terminate this license immediately if Licensee breaches these Terms.
- Upon termination, Licensee must cease use of the Licensed Patterns and delete all copies.
8. Indemnification
Licensee agrees to indemnify and hold harmless Licensor from any claims, damages, or liabilities arising out of their use of the Licensed Patterns.
9. Governing Law
These Terms shall be governed by and construed under the laws of the State of Alabama , without regard to its conflict of law provisions.
10. Entire Agreement
These Terms represent the full understanding between Licensor and Licensee and supersede all prior communications or agreements regarding the Licensed Patterns.