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Copyright Notice

Reselling & Product Purchases Terms of Use

All and any artworks painted by me, Cherie Gerhardt, of Mystic Moon Media LLC,

(past know names: Mystic Moon Media and C.Gerhardt) are solely owned by the artist. 

NO ONE  has the right to use any of my art and claim it as their own.

To use any of my art for anything needs my permission and a commercial license.

This may sound harsh to some, but needs to be said.

Understand, a painting just does not take a few seconds to appear on the “digital” canvas.  It takes me hours, between 20-50 hours to paint a SINGLE painting. I am a FULL TIME artist, it's my livelihood, it's what I do for my income, this is for what I do to pay my bills.

Digital Coloring Pages Terms of Use:
• All coloring digital files made and sold by Mystic Moon Media LLC is for PERSONAL USE ONLY.
• File & printed image may NOT be shared or resold in any way.
• You may NOT claim the illustration as your own or alter the illustration and claim it as your own creation.
• Mystic Moon Media LLC / C.Gerhardt retains ALL copyrights.
• You may NOT use the design as web graphics—colored form or black and white.
• You may NOT create patterns, collage sheets, prints, coloring books, CDs or claim the art as your own to sell.
• You may NOT use the image in any way to resell on products on any print-on-demand (POD) sites, such as Zazzle, Cafepress, Red Bubble, or any other print on demand website.
• You may NOT use the image in selling crafts you create at craft fairs / festivals / artist markets / shows / online or anywhere.
• You may NOT create art prints (including ACEOs) or transfers of any kind (iron on, rub on, etc.) to be made into stand-alone paintings whether on paper or canvas.
• You may NOT use the resources for any harmful, defamatory, pornographic, or racist materials.
• All sales are final, no returns, no refunds on this digital product.

In short, your purchase allows you to print the image at home and color it as many times as you like.  That's it.

Mystic Moon Media LLC has the right to take legal action against you for copyright theft if you use for my art for any other reason without written permission from me and a commercial license. 

Tattoo Design Terms of Use:

All tattoo designs/artwork created by Mystic Moon Media LLC and/or the artist Cherie Gerhardt is protected by US and International Copyright laws. You may NOT copy, imitate or distribute these designs / artwork in any way or take them to another tattoo artist for your tattoo procedure.

Understand that by taking this design/artwork, or it's likeness to another tattoo artist, Mystic Moon Media LLC has the right to take legal action against you for copyright theft, and you will be responsible for any and all costs that

Mystic Moon Media LLC may incur for this legal action.

Reselling My Wholesale Art and Products Terms of Use:

First, I would like to thank you for supporting my art by buying wholesale from me directly, or purchasing products from my production partners Heaven & Earth Designs and US Games Systems Inc.


Online Handmade Marketplaces
I would like to start by stating that there are many places online to resell items you purchase wholesale, some of these sites are for creators, others are for resellers.  I would like to focus here on the creator handmade markets, especially Etsy.


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Etsy is a handmade (maker/creator/designer) and vintage marketplace.  Etsy has their own rules and regulations. These rules and regulations are put in place not only to protect and support creators, but to protect Etsy as well.
 

When listing a product with my art for sale on Etsy, did you… List it in the handmade category?
Once again, Etsy is a marketplace for makers, creators, and designers. When buying art and products for resale, you are not the maker, creator, designer, or production partner. You're a reseller.

Etsy's policy forbids the resale of an item in their marketplace under the handmade category.

By listing your item in this category, you're implying that you, the seller, created the item and that is a direct copyright violation against the individual who actually created it.  When listing in the handmade category, you confuse the consumer into thinking that you had a hand in the creation of the deck, thus making them think that they are buying directly from the maker.
>>> You can read more about Etsy’s handmade policies here. <<<

When listing a product with my art for sale on Etsy, did you… List it as a “Supply or Tool to Make Things”?
Etsy allows the resale of certain items, in two categories only: Vintage and Craft Supplies.

 

Vintage products can be sold on Etsy if…

The item is over 20 years old, and if the maker of the item being resold does not have an Etsy Shop.
>>> You can read more about Etsy's vintage policies here. <<<

Craft supply products can be sold on Etsy if… (Supply or Tool to Make Things)

The item is a supply or tool to make a handmade craft, and if the maker of the item being resold does not have an Etsy Shop.
>>> You can read more about Etsy's craft supplies policies here. <<<

There is one exception to reselling, and that is metaphysical supplies. 

You can resell metaphysical supplies on Etsy related to spell work, such as herbs, crystals, candles, and tinctures, as long as they are not listed with metaphysical claims, and if the maker of the item does not have an Etsy Shop.


>>> You can read more about Etsy's Metaphusical policies here. <<<

>>> Finally, you can read more about Etsy's reselling policies here. <<<

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What this boils down to is this:

1. You cannot sell an item in “handmade” in the Etsy Marketplace if you did not have a hand in making it.

2. You cannot sell an item in “supply or tool to make things” in the Etsy marketplace if it is not a craft supply.

As for the metaphysical supply item exception, how it was explained to me on the phone with Etsy, if the metaphysical item has a “barcode” then it is safe to say it's not allowed.  Finally, as part of Etsy's reseller policy, you may not resell anything that has been produced by another Etsy vendor. The majority of tarot and oracle deck artists (for example) have their own Etsy shops.

I understand that many vendors have been reselling items on Etsy's handmade marketplace for a while, and I hope they won't be permanently excluded from the site before they are aware of the rules they are violating.

As far as I understand, most handmade marketplaces have comparable or identical selling policies to Etsy.

When reselling products, I'd advise selling solely on reseller websites.  Such websites include but not limited to; Amazon, eBay, Facebook, and your businesses personal website.  Selling on these reseller sites are more geared towards businesses that resell products, and they will allow you to sell your art products without worrying about being removed from the site.

 

Thank you for taking the time to read this, and I hope it was helpful!

© 2003 – present by C.Gerhardt - Manager / Artist, Mystic Moon Media LLC.

All artwork is © Mystic Moon Media LLC and / or C.Gerhardt and not to be copied, imitated or distributed in any way.

All rights reserved solely by me, the artist, C. Gerhardt and as such, is protected by US and International Copyright laws.