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Whimsy Clips Standard License Agreement

Whimsy Clips Standard License Agreement
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Product Description

Please review the Standard License Agreement at the link inside the downloadable PDF. If you have questions after reviewing the Standard License you may read the FAQ below or email Whimsy Clips at contact@whimsyclips.com

The clip art must be used as a design element; A design element is integrated with and compliments text and other design pieces on a page or project to create a new design/material and is not the main and/or only component.

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Frequently Asked Questions

Each of the questions below are covered under the terms, however, I'm posting the most frequently asked questions below to help you find what you might be looking for quickly.

  • The answers below are in regard to commercial products (free or paid).

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Question: Are "Editable" games, activities, classroom decor, labels etc. allowed?

Answer: The short answer is No. The rights allowed has never included template usage. The license has always been between the licensor and the licensee. Whimsy Clips Standard License does not permit editable or non-editable graphic or template usage.

Also, please remember the rights to use and create with the images, (which includes inputting custom text or modifying a resource) is Non-Transferrable, Non-Assignable, Non Sub-licensable. Placing an image or images on a page/template and allowing a buyer/3rd party to input their own text/content is transferring the rights. This is not allowed under the Standard License Agreement.

This type of usage is allowed and acceptable in some cases. If you have needs beyond the Standard License please contact Whimsy Clips to discuss licensing.

Additionally, in paperless resources and distance learning resources, it is acceptable to place a text box on top of a flattened slide, or add a text box to a pdf, that contains non-removable, non-editable educational content for the sole purpose of allowing students to enter their answers. This usage is not considered an editable product.

A product is considered "editable" when a third party such as a teacher or parent is given a blank template in any format (PDF or PowerPoint etc.) that contains only images with blank text boxes, text boxes that contain only words such as "Type Here", or text boxes that allow the content to be erased completely or to add new content. This is the type of editable content that is not permitted.

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Question: What if a usage I'm interested in is not listed in the licensing agreement?

Answer: When you license artwork you are allowed the rights listed within the agreement under ALLOWED USES. If a usage is not mentioned then you have not licensed those rights and they are not allowed. If you find that you have a need for a particular usage please feel free to email me at contact@whimsyclips.com

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Question: Are moveable pieces allowed?

Answer: The standard licensing terms do not allow for moveable pieces in software of any kind where the images can be extracted.

Per the Standard License Agreement all images must be flattened into the slide background when used in presentation software such as PowerPoint. No loose files of any kind are permitted, which includes but is not limited to free-standing images, image with text overlay or images placed over textured or pattern-filled shapes.

  • In regard to BOOM Cards - moveable pieces ARE allowed in BOOM products as the product is secure and the content can't be extracted. No additional license is required.

  • If you would like Moveable Pieces for Google Slides or PowerPoint please see our "Moveable Pieces for Paperless Resources" bundle that comes with a "Digital & Moveable Limited License". You can find this bundle HERE These are the only moveable pieces we provide at this time for Google Slides, PowerPoint & Keynote.

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Question: May I use the clip art in paperless resources such as PowerPoint, Google Slides, Google Classroom? (Please see the note above about moveable)

Answer: Yes, as long as the pieces are not moveable and follow the same terms

Per the terms: Digital educational lessons and activities for Smart Board, PowerPoint, Google Slides, Google Classroom. The images must flattened as part of the slide background AND not loose in the file. These types of files must contain flattened, non-removable, non-editable educational content and not contain only graphics per the design element requirement. Text boxes placed on top of the flattened slide for the sole purpose of allowing students to enter their answers is acceptable. 

Explanation: Flattened into a background means the slide background as one complete image hence the "AND" not loose in the file.

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Question: May I use the clip art in Boom Cards?

Answer: Yes. Since Boom Cards was launched in 2016 Whimsy Clips has allowed the clip art to be used in Boom Cards. The images in Boom Cards are secured and can't be lifted by the user, therefore this usage is allowed under the Standard License Agreement. Moveable pieces in Boom Cards are also allowed and do not require an additional license.

Currently, Boom Cards is the only platforms where moveable pieces are permitted under the Standard License Agreement.

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Question: Are sensory bin pieces, story retell pieces, and puppets allowed?

Answer: No, not in commercial products (free or paid) as they are not considered a design element and are standalone.

Please keep in mind that the clip art must be used as a design element and combined with other text and design elements to create something new.

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Question: Are picture cards allowed?

Answer: Not when a standalone image(s) is placed inside a shape or box or repeated on a page and includes no other content and is sold as a product on its own.

As an example - I've seen images placed in a pdf with no other content and sold as is. This is reselling images in another format regardless if it's flattened in a pdf. This is not allowed.

Please remember the image(s) must be implemented into the design and part of a product/larger body of work that provides significant educational content and value. Educational content includes worksheets, recording sheets, sorting mats etc. that include your own thoughts and ideas to create a new product so that it is not considered reselling images and does not directly compete with the clip art.

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Question: May I create templates to sell?

Answer: No. Using the artwork in templates to resell are not allowed under the Standard License Agreement. Creating and selling templates to a third-party to use and/or profit from is transferring the rights of the copyright owner and is not permitted.

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Question: May I use the clip art on my webpage?

Answer: Per the terms: You may not display an image on the Internet (whether it’s a blog or website) in its original form. By placing an image on the Internet in its original form the images could be stolen by others and used without permission – this is strictly prohibited.

However, you CAN use the images in a header as long as the image is part of a design and overlapped with other design elements so that the image can't be lifted from the design.

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Question: May I use the clip art in a school yearbook?

Answer: Absolutely.

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Question: Under disallowed uses you mention digital backgrounds and digital papers. What does that mean?

Answer: It means the images may not be used to make a digital background or digital paper to sell.

An example of a digital paper is a pattern-filled tile or full page background with a repeating patterns.

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The terms are pretty fair and allow for a lot of uses. The biggest things are to please make sure that 1.) the images can't be lifted/copied. 2.) don't place the images on the Internet. Pretty simple, right? Have fun, be creative. :)

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