Terms of Use and Other Legal Notices

Terms of Use

Please read these Terms of Use carefully before using this site. By using this site, you signify your assent to these Terms of Use. This site is owned and operated by It's Like This LLC d.b.a. Two Peas in a Bucket (“Two Peas”).

These Terms of Use (as amended from time to time the "Agreement") sets forth the legally binding terms for your use of Two Peas. By using Two Peas, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Two Peas Website) or you are a "Member" (which means that you have registered with Two Peas). The term "User" refers to a Visitor or a Member. If you do not accept and abide by this Agreement, you may not use the Two Peas service. You must be at least thirteen (13) years of age to use the Two Peas service.

This Agreement includes Two Peas’ policy for acceptable use, your rights, obligations and restrictions regarding your use of Two Peas services and Two Peas' Privacy Policy. Two Peas may modify this Agreement from time to time without notice and such modification shall be effective upon posting on the Two Peas Website. You agree to be bound to any changes to this Agreement when you use the Two Peas Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

When you register as a Member, you will create a username and password. The username selected must be unique and acceptable to Two Peas, and each member may only have one member name. No username may contain any store name, tradename, website domain name, or company name. Anonymous accounts are prohibited and Two Peas may delete any such account in its sole discretion. Members are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password. Two Peas reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason.

You agree that you are responsible for your own use of the Two Peas service, for any posts you make, and for any consequences thereof. You agree that you will use the Two Peas service in compliance with applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Please choose carefully the information you post on Two Peas and that you provide to other Users. Your Two Peas profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Two Peas assumes no responsibility or liability for this material. If you become aware of misuse of the Two Peas Website by any person, please contact Two Peas.

Prohibited Content includes, but is not limited to, Content that Two Peas determines in its sole discretion:

  • contains any advertising or soliciting including without limitation, advertisements, store announcements, for sale or trade, coupons, sales, consultants, and eBay postings. Links or references to other sites or stores are not permitted. We reserve the right to delete any thread or posting containing any of these mentioned prohibitions. Please note this includes soliciting or promoting through the use of our PeaMail system or PeaNut Gallery. Accounts may be deleted without warning due to this infraction;
  • is obscene or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • provides any private and confidential information such as names, telephone numbers, street addresses, credit card numbers or Social Security Numbers;
  • infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
  • contains any viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
  • interferes with the ability of others to enjoy our site.

Two Peas is most often a passive conduit for the information Users submit. We cannot and do not review every submission a User may make. Two Peas does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Two Peas service or endorse any opinions expressed via the Two Peas service. You acknowledge that any reliance on material posted via the Two Peas service will be at your own risk. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our sites if we believe you are violating any of the terms of this Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Two Peas, its parents, affiliates, co-branders or other partners and their respective officers, directors and agents from any claim or demand, including reasonable attorneys’ fees, made or threatened by any third party due to or arising out of your use of or conduct on the Two Peas Website or a breach of this Agreement, including without limitation, with respect to any claim based upon transmission of your message(s) or your violation of any rights of another.

The Two Peas Website is for the personal use of Users only and may not be used in any commercial manner. You will not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services nor may you use any of the content on the Two Peas Website for commercial purposes. Chain letters, pyramid schemes and the solicitation of other members to join or become members of any commercial online service or other organization are also prohibited on Two Peas. You also agree to be respectful of Two Peas and its staff and other posters.

Links or pointers to Internet websites maintained by others are "third party sites" and are meant for convenience only. Two Peas has no control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products or materials on or available from such sites or resources. You are free to establish a hypertext link to Two Peas so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate into any other website or service any of our intellectual property.

By displaying or publishing ("posting") any information, data, messages, text, graphics, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on the Two Peas Website, you hereby grant to Two Peas, a non-exclusive, royalty-free, worldwide license to use, copy, modify (to the extent required for formatting purposes), publicly display, store, reproduce, transmit, and distribute such Content on and through the Two Peas Website, including a right to sublicense the Content to Two Peas Users to permit them to copy and use the Content for their private, non-commercial use. This license will terminate at the time you remove such Content from the website. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Two Peas servers after you have removed the Content from the website, and Two Peas retains the rights to hold those copies for its records. You represent and warrant that: (i) you own the Content posted by you on or through the website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the website.

You acknowledge that Two Peas or its affiliates owns all rights, title and interest in and to the Two Peas service, including all intellectual property rights (the “Two Peas Rights”). Two Peas Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Two Peas service. You also agree that you will not use any robot, spider, or other automated device to monitor or copy any content from the Two Peas service. As described immediately above, Two Peas Rights do not include third-party content used as part of the Two Peas service, including the content of communications appearing on the Two Peas service, other than content provided by Two Peas or its affiliates.

You agree that Two Peas has no responsibility or liability for the deletion of, or failure to store or to transmit, any Content and other communications maintained by the Two Peas service. Two Peas retains the right to create limits on use and storage at its sole discretion at any time with or without notice.

Two Peas reserves the right to reveal your identity (or whatever information we know about you) in the following limited circumstances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member or visitor is threatened.

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.

By using the Two Peas Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Two Peas does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWO PEAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. TWO PEAS MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE TWO PEAS SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH TWO PEAS. TWO PEAS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE TWO PEAS WEBSITE. THE SERVICES PROVIDED BY TWO PEAS AND ITS AFFILIATES ARE PERFORMED AND THE SOFTWARE USED IN CONNECTION WITH THE TWO PEAS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE TWO PEAS SERVICES AND THE INTERNET.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL TWO PEAS OR ITS AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON TWO PEAS’ SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH THE TWO PEAS’ WEBSITE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TWO PEAS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TWO PEAS SERVICES, FROM INABILITY TO USE THE TWO PEAS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TWO PEAS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TWO PEAS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE TWO WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE TWO PEAS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE TWO PEAS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF TWO PEAS’ SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, TWO PEAS’ SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

By using the Two Peas Website, you acknowledge and accept these terms.

Please click here to view Two Peas’ Privacy Policy.

Clarifications

Under the TOU:

  • Supporting your fellow scrapbooking designers, by name, is allowed. Use of Two Peas resources to promote competing internet sites is not allowed. This includes:

    • Hyperlinks to competing sites or blogs that specifically promote competing sites, whether in message board posts, user signatures, or gallery postings. 
    • Using the PeaMail system to contact potential customers. Using PeaMail to advertise or redirect customers is unacceptable.
    • Mention of competing sites in the titles of Gallery postings.

  • To clarify, a site is considered a Competing Site if it:

    • Sells scrapbooking products of any kind, even if it isn't a product carried here at Two Peas in a Bucket (since it might be something we plan to carry).
    • Has a scrapbook message board forum or user gallery.
    • Sells digital elements or kits.
    • Offers free digital elements or kits.
    • Sells fonts.
    • Offers free fonts.

Here are several specific examples to clarify these usage rules:

Allowed:

  • "Designer XYZ has a great boy-themed kit that might fit what you are looking for."
  • "I really like Designer XYZ's embellishment kits."
  • Gallery Title: 'All Elements by Jane Doe.'
  • "I love the font thisfont!"

Not Allowed:

  • "Heads' up: There's a HUGE sale at XXX Store!!"
  • "You would not BELIEVE what I found at onlinescrapbookstore.com!"
  • "Store X has what you are looking for."
  • "If you want to know where thisproduct is in stock, Peamail me."
  • "You should check out digitalstore.com to find that kit."
  • "I think you can find Designer XYZ at Digital Store dot com."
  • Gallery Title: 'All elements by Jane Doe at Digital Scrapbook Store.'
  • "You can get thisfont at XYZ Font Store dot com."
  • "Peamail me to find out where to get thisfont!"

COPYRIGHT AND TRADEMARK LEGAL NOTICE

The images of products displayed on this website are copyrighted and trademarked by their respective owners and are displayed with the express permission of the copyright and trademark owners. Any reproduction without express permission from the copyright or trademark owner is a violation of law and is prohibited. It's Like This LLC dba Two Peas in a Bucket (“Two Peas”) and the developers of this site disclaim all liability related to the unauthorized copying, reproduction or other misuse of the images and products displayed.

If you believe that your work has been copied and is accessible on the Two Peas website in a way that constitutes copyright infringement, you may notify Two Peas by providing Two Peas’ copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. identification of the URL or other specific location on the Two Peas’ site where the material that you claim is infringing is located; 4. your address, telephone number, and, if available, e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to Section 512(c)(2) of the Copyright Revision Act (17 U.S.C. Section 512), as enacted through the Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to Two Peas' designated agent as described below:

Legal name and address of service provider:
It's Like This, LLC
2224 Pleasant View Rd Unit 6
Middleton, WI 53562

Name under which service provider does business:

Two Peas in a Bucket

PRIVACY NOTICE

Your privacy is very important to Two Peas. We do not sell or rent your personal information to third parties for their marketing purposes, although this information may be shared with our parent and sister corporations for marketing and promotional purposes, however, you may elect not to receive such offers. To change your subscription preferences, visit "Edit My Profile" from "My Two Peas" Home. Or simply click the unsubscribe link located in every email to stop receiving email promotions. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand our privacy practices.

Our purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

In general, you can browse the Two Peas website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Two Peas website. Where possible, we indicate which fields are required and which fields are optional.

We use data collection devices such as "cookies" on certain pages of the site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.  Personal information cannot be collected via cookies and other tracking technology, however, if personally identifiable information was previously provided, cookies may be tied to such information. Aggregate, but not individual, cookie and tracking information may be shared with third parties.

Two Peas respects your privacy and will not share your personally identifiable information collected at this site with third parties except for the following limited instances: (i) we have your consent to share the information, (ii) we need to share the information to provide a product or service you have requested, (iii) in response to subpoenas, court orders or legal process including in the event of a complaint or legal action arising from any message posted by you, or (iv) the health or well-being of you or another member is threatened.  We may also share your information with our affiliates, however, you will always have the opportunity to opt-in or opt-out of receiving any mailings from such affiliates.  Two Peas may sometimes share “general” information about our site visitors with our advertisers, potential partners, or other third parties. This information will only be provided in the aggregate. .

We reserve the right to modify this Privacy Policy from time to time without notice. Please review the Privacy Policy from time to time so that you will be apprised of any changes.

Downloadable Products

FONT SOFTWARE END USER LICENSE AGREEMENT

This Two Peas End User Agreement (the “Agreement”) becomes a binding contract between you and It's Like This, LLC d.b.a. Two Peas in a Bucket (“Two Peas”) if you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

You hereby agree to the following:

  1. You are bound by the Agreement and you acknowledge that all Use of the Font Software supplied to you by Two Peas is governed by the Agreement.
  2. “Two Peas” as used herein shall mean collectively Two Peas, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Two Peas any or all of the components of the Font Software supplied to you pursuant to the Agreement.
  3. “Font Software” as used herein shall mean software which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all image representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
  4. “Personal Use” shall mean Use of the Font Software for your customary personal purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof. “Personal Use” shall not include any Use of the Font Software by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Font Software.
  5. “Scrap for Other” Use of Font Software is reserved to those users that have purchased a “Scrap for Other” license or have purchased Font Software that explicitly states that “Scrap for Other” use is permissible. “Scrap for Other” Use provides the end user the ability to provide, for a fee, SINGLE USE digital files in an un-editable format (jpg, gif, png.) Layout, album and invitation files are permissible. In addition, “Scrap for Others” Use allows for the end user to create and provide, for a fee, one time use, un-editable digital files to be used for personal blogs and/or personal websites WITH accreditation. The creation and sale of website templates to be sold to multiple users is strictly prohibited. Any “Scrap for Other” Use not provided for by the language in this EULA must be approved by Two Peas.
  6. The Limited Commercial Use of Font Software is limited to the creation of modified digital product that will be resold in the form of new digital kits. Fonts purchased with a Limited Commercial Use license may not be provided for download (either as a free or paid download) without modifications being made to the native files. This license option does not include, any tangible item (ex: electronic book or magazine, stationery) distributed for a fee, any business form or sign, a ticket for an event, a receipt for the purchase of tangible goods or any other use of Font Software that would be perceived as for Commercial Use, in any capacity.
  7. The Professional Use license allows for the use of fonts in printed materials (up to 500 impressions,) commercial website design (with accreditation) in business applications such as custom stationery and business form design as well as for use in the course of business operations (ie actions and templates for use by professional photographers.) Any use not explicitly stated in this EULA is prohibited.
  8. You are hereby granted a non-exclusive, non-assignable, non-transferable license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Two Peas owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. All rights not expressly granted in the Agreement are expressly reserved to Two Peas.
  9. You may electronically distribute Font Software embedded in a “Personal Use” document only when the Font Software embedded in such document (i) is in a static graphic image (for example, a “gif”) or an embedded electronic document, and (ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. You may not embed Font Software in an electronic document or data file for any reason other than your own Personal Use.
  10. You may not alter Font Software for the purpose of adding any functionality which such Font Software did not have when delivered to you by Two Peas.
  11. You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Font Software. You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Two Peas. You may not change any trademark or trade name designation for the Font Software.
  12. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof.
  13. IN NO EVENT WILL TWO PEAS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF TWO PEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF TWO PEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  14. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Two Peas or by an authorized dealer acting on behalf of Two Peas.

DIGITAL KIT SOFTWARE END USER LICENSE AGREEMENT

This Two Peas End User Agreement (the “Agreement”) becomes a binding contract between you and It's Like This, LLC d.b.a. Two Peas in a Bucket (“Two Peas”) if you do not wish to be bound by the Agreement, you cannot access, use or download the Digital Kit Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

You hereby agree to the following:

  1. You are bound by the Agreement and you acknowledge that all Use of the Digital Kit Software supplied to you by Two Peas is governed by the Agreement.
  2. “Two Peas” as used herein shall mean collectively Two Peas, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Two Peas any or all of the components of the Digital Kit Software supplied to you pursuant to the Agreement.
  3. “Digital Kit Software” as used herein shall mean software which, when used on an appropriate device or devices, generates digital images and elements. Digital Kit Software shall include all image representations of generates digital images and elements created by or derived from the Digital Kit Software. Digital Kit Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
  4. “Personal Use” shall mean Use of the Digital Kit Software for your customary personal purposes and shall not mean any distribution whatsoever of the Digital Kit Software or any component or Derivative Work thereof. “Personal Use” shall not include any Use of the Digital Kit Software by persons that are not members of your immediate household. All such household members shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use of the Digital Kit Software.
  5. “Scrap for Other” Use of Digital Kit Software is reserved to those users that have purchased a “Scrap for Other” license or have purchased Digital Kit Software that explicitly states that “Scrap for Other” use is permissible. “Scrap for Other” Use provides the end user the ability to provide, for a fee, SINGLE USE digital files in an un-editable format (jpg, gif, png.) Layout, album and invitation files are permissible. In addition, “Scrap for Others” Use allows for the end user to create and provide, for a fee, one time use, un-editable digital files to be used for personal blogs and/or personal websites WITH accreditation. The creation and sale of website templates to be sold to multiple users is strictly prohibited. Any “Scrap for Other” Use not provided for by the language in this EULA must be approved by Two Peas.
  6. The Limited Commercial Use of Digital Kit Software is limited to the creation of modified digital product that will be resold in the form of new digital kits. Elements within kits purchased with a Limited Commercial Use license may not be provided for download (either as a free or paid download) without modifications being made to the native files. This license option does not include, any tangible item (ex: electronic book or magazine, stationery) distributed for a fee, any business form or sign, a ticket for an event, a receipt for the purchase of tangible goods or any other use of Digital Kit Software that would be perceived as for Commercial Use, in any capacity.
  7. The Professional Use license allows for the use of kits in printed materials (up to 500 impressions,) commercial website design (with accreditation) in business applications such as custom stationery and business form design as well as for use in the course of business operations (i.e. actions and templates for use by professional photographers.) Any use not explicitly stated in this EULA is prohibited.
  8. You are hereby granted a non-exclusive, non-assignable, non-transferable license to access the Digital Kit Software (i) only in a Licensed Unit, (ii) only for your Personal Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Digital Kit Software other than as expressly set forth in the Agreement. You agree that Two Peas owns all right, title and interest in and to the Digital Kit Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. All rights not expressly granted in the Agreement are expressly reserved to Two Peas.
  9. You may electronically distribute Digital Kit Software embedded in a “Personal Use” document only when the Digital Kit Software embedded in such document (i) is in a static graphic image (for example, a “gif”) or an embedded electronic document, and (ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. You may not embed Digital Kit Software in an electronic document or data file for any reason other than your own Personal Use.
  10. You may not alter Digital Kit Software for the purpose of adding any functionality which such Digital Kit Software did not have when delivered to you by Two Peas.
  11. You acknowledge that the Digital Kit Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Digital Kit Software as you would any other copyrighted material. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Digital Kit Software. You agree to use trademarks associated with the Digital Kit Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Digital Kit Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Two Peas. You may not change any trademark or trade name designation for the Digital Kit Software.
  12. You may not rent, lease, sublicense, give, lend, or further distribute the Digital Kit Software, or any copy thereof.
  13. IN NO EVENT WILL TWO PEAS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF TWO PEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF TWO PEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  14. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Digital Kit Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Two Peas or by an authorized dealer acting on behalf of Two Peas.
Clarifications

Under the Two Peas Digital TOU:

  • Supporting your fellow designers, by name, is allowed.

  • Use of Two Peas resources to promote competing internet sites is not allowed. This includes:

    • Hyperlinks to competing sites or blogs that specifically promote competing sites, whether in message board posts, user signatures, or gallery postings. 
    • Using the PeaMail system to contact potential customers. Using PeaMail to advertise or redirect customers is unacceptable.
    • Mention of competing sites in the titles of Gallery postings.

  • To clarify, a site is considered a Competing Site if it:

    • Sells digital elements or kits.
    • Offers free digital elements or kits.
    • Has a digital Message Board Forum or Gallery.
    • Sells fonts.
    • Offers free fonts.

Here are several specific examples to clarify these usage rules:

Allowed:

  • "Designer XYZ has a great boy-themed kit that might fit what you are looking for."
  • "I really like Designer XYZ's embellishment kits."
  • Gallery Title: 'All Elements by Jane Doe.'
  • "I love the font thisfont!"

Not Allowed::

  • "Digital Store X has what you are looking for."
  • "You should check out digitalstore.com to find that kit."
  • "I think you can find  Designer XYZ at Digital Store dot com."
  • Gallery Title: 'All elements by Jane Doe at Digital Scrapbook Store.'
  • "You can get thisfont at XYZ Font Store dot com."
  • "Peamail me to find out where to get thisfont!"
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