If you prefer to read this page off-line, you can download it as a ZIP file (size 38.3Kb) and peruse it at your leisure . . .

We and our contributors have spent many hundreds, even thousands, of hours creating this Site and its contents.  We therefore exercise our rights, to the full extent of the law, to protect the fruits of our labour from exploitation by others.

These Terms are legally binding and are provided for your protection and ours, to establish the conditions under which resources on this Site may be used.

The bottom line?  If you want to use our resources, you must abide by our Terms of Use.  If you don't like our Terms, don't use our resources.  It's your choice.

DEFINITIONS

THIS SITE

Every Page and Frame available on the Internet whose URL starts "www.erythos.com", including the Erythos Graphics page and the various Erythos Galleries.

RESOURCES

Everything used to make up this Site, individually and collectively.  Specifically, but not exclusively, these include . . .

All graphics, regardless of file format (GIF, JPG, BMP, etc.) and whether or not included in ZIP files downloadable from this Site.  This applies to the graphic itself, as well as to the design which the graphic depicts - even if the design is copyright-expired.

All photographs, both thumbnails and full size.

All software, including . . .

All Presets for Flaming Pear's 'BladePro' and 'Super Bladepro' downloadable from this Site.

All JavaScripts in the source coding for Pages and Frames on this Site, where annotated as copyright.

All text, including Gallery introductions, narratives, explanatory notes, Tutorials, etc.

The design of all Pages and Frames on this Site - its layout, appearance, etc.

COPYRIGHT

The legal rights of control over an original work.  These rights include control of its use, reproduction, publishing and trading by any individual or organisation; the option to set and charge royalties; etc.  An "original work" is typically an image or a piece of text or music, amongst other things, resulting from a creative process initiated by an original idea and recorded on some tangible medium.  The nature of the medium is irrelevant; it may be "traditional" (e.g. paper, stone, metal, etc.) or more novel (e.g. computer disk/CD, audio/video tape/disk, photographic film/paper, etc.).

If you're not sure what this means and want to find out more, please use these links . . .

Laws to protect the rights of copyright holders exist in many countries, if with some significant variations.  There are also various international treaties on copyright, usually following the Berne Convention and recommendations of the World International Copyright Organisation.

COMMERCIAL / NON-COMMERCIAL USE

A basic rule of thumb . . .   Any use of a resource in any medium, by or on behalf of any individual/group/organistion whose activities involve (whether deliberately or incidentally) the acquisition of "assets" (money, goods, services, gifts, etc., whether or not at a profit), and/or where the resource's use is in any way connected with acquiring "assets", must always be considered "commercial".

Still not sure about your own situation?  A few less obvious examples may help . . .

If you're building a web site for a third party and getting paid for it in any way, either by that third party or by anyone else, whether at the time or in the future, you're commercial.

If you're a fund-raising organisation, even if not-for-profit, you're commercial.

If you're in business but making a loss (our regrets), you're still  commercial.

In the end, simple common sense and a good dose of realism should tell you whether your use of a resource should be considered "commercial".  If you have any  doubts, just ask us; e-mail relevant details of your situation and we'll let you know.

GENERAL TERMS

You are free to download any resource from this Site.  To be realistic, there's nothing we can do to stop you, even if we wanted to.  However . . .

CIVILISED BEHAVIOR

We forbid absolutely and unequivocally any use of any resource by or on behalf of any individual or organisation promoting or supporting any form of religious, racial, ethnic or cultural intolerance or bigotry, child abuse, pornography, or other activities contrary to United Kingdom or European law.

COLLECTIONS & ARCHIVES

DO NOT include any image or other resource from this Site in any archives, collections or packages, whether on web sites, CD/ROMs or any other medium, and whether or not for profit.  Any request for permission to do so will be refused, so please don't ask.  This applies to all  resources, including "free" material for which we retain copyright.  The only exceptions are resources specifically noted as being in the public domain.

REDISTRIBUTION

You may want to pass on some of our resources to other people.  Please do so, but note the following -

Anyone to whom you copy our resources will be bound by these Terms of Use, so please advise them accordingly.  You can direct them to this Site so they can read the Terms for themselves, or give them a copy of the Terms' downloadable ZIP file (see top of this page).

DO NOT offer our resources on peer-to-peer file sharing networks (e.g. Limewire, BearShare, Aimster, etc.).

USE ON WEB SITES I

If you use any of our resources on a web site, you MUST download them to your own computer, then upload them to your own server or web site directory.  DO NOT link directly to them on our Site.

Why do we insist on this?  A direct link on your site to a resource on our site means that, every time your  site is visited, our  site also has to be accessed to get that resource for your site.  All such activity uses our  bandwidth (for which we pay good money) which in turn degrades access to our site by genuine visitors.  This means we pay, you take, and it's called "bandwidth theft".  And theft is precisely what it is, so DON'T DO IT.

USE ON WEB SITES II

DO NOT incorporate any page from this Site, either wholly or in part, into your  web site (i.e. don't frame our pages); that's misappropriation.  Any request for permission to do so will be refused, so please don't ask.

If you're that  eager for others to see our material, just include a link to our Site using  http://www.erythos.com  as the URL.  Use of our small logo (see below) in the link details would be appreciated.

GIVING CREDIT

Any use of any resource in any medium MUST be credited.

For web sites using any of our resources, legible and readily visible graphic-plus-text or graphic-only links MUST be included (but see Note below).  Such links must be placed on each page of use or, where a resource is used throughout the site, on its 'Home' page.  Mere inclusion on a page of credits is not acceptable.

Download and use either of the following graphics.  DON'T CHANGE THEM in any way; both are suitable for use on any background, from the lightest to the darkest -

Use  http://www.erythos.com  as the URL for all links.

NOTE.   Our contributors may  not want a link to this Site in respect of use of their resources, although they may want links to their own sites.  We - Erythos - will always  require a link to this Site in respect of resources for which we  hold copyright.  The relevant requirement will be specified in any Agreement On Use.

OWNERSHIP & PLAGIARISM

DO NOT claim ownership of any of our resources, either explicitly or implicitly.  That's theft, pure and simple.

DO NOT alter, re-colour, resize, slice, dice, squeeze, stretch, warp or otherwise modify any of our images (except for your own amusement) then publish the results claiming or implying that they are your own work.  That's plagiarism; it's also deception, and a form of theft.

"FREE" RESOURCES

Some resources on this Site are offered as "free".

Most will be found in our 'Free Stuff' Gallery, where they are clearly identified.
NOTE:   "Free" in this context means royalty-free  for non-commercial  use.

If you're non-commercial  you can use them as you wish (on personal web pages, for example).  You don't have to ask our permission, but be advised we still retain full copyright, and that all General Terms of Use above still apply.  Please also note that we reserve the right to withdraw the benefit of "free use" from any individual or organisation in the event of contravention of these Terms.

If you're commercial, our standard Terms remain fully in force.

All resources specified as "free" in our 'Humour' and 'JavaScripts' Galleries are - to the best of our knowledge - in the public domain and copyright-free.  Therefore they are available without restriction for both commercial or non-commercial use, for which any credit to this Site would be improper so must always be omitted.  Do not claim them as your own.  Always acknowledge their free status.

TERMS FOR NON-COMMERCIAL USE

You are free to use our resources in any way you like on your own computer.

With the exception of "free" resources, any other use (e.g. publishing in any medium, such as use on a web site) requires the written permission of the copyright holder IN ADVANCE.  Please contact us requesting an 'Agreement for Use', as detailed in 'Terms for Commercial Use' below.

TERMS FOR COMMERCIAL USE

As an individual, you are free to make personal  use of our resources in any way you like on your own computer or terminal.

Any other use  requires the written permission of the copyright holder IN ADVANCE, in the form of an 'Agreement for Use'.  Specifically, but not exclusively, "other use" includes . . .

Non-personal use within an organisation - use in in-house publications (including staff magazines), computer systems, etc.

Any  form of publishing in any  medium - printed, electronic, etc., including use on web sites and in advertising and marketing material.

Marketing and/or sales to third parties - that's our  prerogative.

AGREEMENT FOR USE

Your name and full postal address.

Whether you are 'commercial' or 'non-commercial'.

If you represent an organisation -

The organisation's name.

Your position within the organisation.

A brief description of the organisation's function or type of business (e.g. "Web Site designer", "publisher of professional journals", etc.).

The identity of each resource you wish to use.  For a graphic, quote its reference code.  For a photograph, quote the title and reference code given with its thumbnail.  If in doubt, just attach a copy of the graphic or photo thumbnail (not  the full-size version! ) to your E-mail.

The use you wish to make of each resource.

Any other details which you think may be relevant.

We will pass on your request to the relevant copyright holder(s) and will get back to you as soon as possible.  Please note that a reasonable usage fee may  be requested.  Please also note that all copyright holders reserve the right to refuse permission for use.

An 'Agreement for Use' will detail which resources may be used, for what purpose, and by whom, together with any specific conditions of use.  It may be cancelled at any time, at the sole discretion of the relevant copyright holder, in the event of non-compliance with its specific conditions or with the Terms of Use on this page.

NON-COMPLIANCE

If it comes to our attention that someone's playing fast and loose with any copyrighted material from this Site (and it will  come to our attention - the great majority of people don't take kindly to smart-asses and rip-off merchants), we'll take all necessary steps to seek redress.

Any contravention of these Terms of Use will result in immediate action on our part.  However, we will always  attempt to resolve such matters amicably, for example by offering the "offender" an appropriate Agreement for Use (unless precluded by the nature of the infringement).

ON WEB SITES

In the case of minor infrigements ("minor" in our opinion) where there is an Agreement for Use, or where only "free" resources are involved, we will send an informal e-mail to the offending site's Webmaster.  This will outline the nature of the infringement and politely request its correction.  Failure to comply will always result in escalation to the more formal measures noted below.

In all other cases we will issue a formal "Cease and Desist" letter to the offending site's owners.  This will detail the nature of the infringement and require its correction within a specified time.  Non-compliance will result in our taking up the matter with the web site's host/server, to whom we will issue a formal "Notice of Claimed Infringement" requesting removal of the offending site unless the infringement is corrected within a specified time.

If corrective action is still not taken, matters will be placed in the hands of the legal authorities in whose jurisdictions the owners of the offending web site and its host/server are resident and/or conduct their businesses.

IN OTHER MEDIA

Courses of action equivalent to those above will be taken, involving all relevant parties - authors, publishers, printers, distributors, etc.

AS A LAST RESORT . . .

We'll tell our Mummy and then, oh boy, you'll be in real  trouble!

COPYRIGHT OWNERSHIP

All photographs and some graphics appearing in this Site's Galleries are specifically credited to their copyright owners.  A very  few of the graphics are firmly in the public domain (i.e. "Freeware") and are always clearly annotated as such.

However, copyright ownership of most resources is not specified, in which case you can assume the following . . .

Logos of various organisations, used throughout this Site as link buttons, etc. - owned by the organisations concerned.

Screen-shots of dialogue boxes, quotations from "Help" facilities, etc., from various graphics and other software packages - in each case owned by the organisation holding copyright of the package itself.

Everything else - not surprisingly - is owned by ourselves, Erythos Graphics.

COPYRIGHT COMPLIANCE

It is our firm policy to maintain a fully copyright-compliant Site.

This means that we've used our best endeavours, for each and every resource used on this Site but which we do not own, to secure the copyright holder's written permission for its use.  No resource is used - or will ever be used - where such authorisation has been refused.

However, for a very few resources (the odd graphic and font), it has not been possible to contact the copyright holder.  One or two items we downloaded from the Web but failed to record the source, and haven't been able to find it again.  For the others, no copyright details were available.  In every case we've noted such facts where the resource is used, asking anyone with relevant information to contact us so that we may regularise our use.

Please let us know immediately if we've broken your  copyright, or if you genuinely believe we've used a copyrighted resource without proper authority.  We'll always  ask for the necessary permission for its use, and remove it from this Site if refused.

It's also our policy to give proper credit to the creators of "freeware" and other public domain resources we use - a simple matter of common courtesy.  Please e-mail us if you think we've failed to do so, particularly if it's something you  produced.  We'll do the honourable thing and add an appropriate credit with the Site's next update.