Smarty Symbols Terms of Use for TPT Authors with a Commercial License

We are thrilled to have you as a valued user of Smarty Symbols’ image library for your Teachers Pay Teachers (TPT) products. As a company dedicated to promoting inclusivity and diversity in educational resources, we are excited to provide you with a vast collection of high-quality images to enhance your educational materials and empower learners of all abilities.

The purpose of this Terms of Use (TOU) document is to establish a clear and transparent agreement between Smarty Symbols and TPT sellers who wish to incorporate our images into their TPT products. The TOU outlines the conditions and guidelines for using our images under an active Commercial License to ensure compliance with copyright regulations and maintain fair use practices.

By obtaining and maintaining an active Commercial License with Smarty Symbols, you gain access to our extensive image library, comprising over 32,000 full-color images, each representing a word relevant to educational settings. Our library has been carefully curated with educationally relevant vocabulary in mind, providing TPT sellers like you with a diverse range of images to create engaging and inclusive educational resources.

Our Commercial License, when purchased directly from the website, allows you to incorporate our images into PDF documents that can be shared on public 3rd party sites, such as TPT, Etsy, and Amazon. This license empowers you to create and distribute digital educational resources that resonate with your audience on these platforms.

Please note that if you wish to use our images commercially on your hosted website, software, or outside of a PDF file, a separate contract must be obtained from Smarty Symbols. Without this contract, commercial licensees risk violating our TOU and copyright terms.

Thank you for choosing Smarty Symbols as your trusted partner in creating exceptional educational materials. We are committed to providing you with unparalleled support, so you can focus on what you do best – inspiring young minds and making a difference in the world of education.

Let’s embark on this exciting journey together, and we look forward to seeing your TPT products shine with Smarty Symbols’ images!

1. Smarty Symbols: Refers to Smarty Symbols, LLC, a Texas-based company with a business office registered in Dallas, Texas, the sole owner and copyright holder of the image library and all related intellectual property.
2. Commercial License: The license purchased from Smarty Symbols, granting the user (TPT Seller) the right to incorporate Smarty Symbols’ images into digital pdf. educational resources for commercial purposes, subject to the terms and conditions outlined in this TOU.
3. TPT Seller/Author: A user who holds an active Commercial License and utilizes Smarty Symbols’ images to create and sell educational resources on third-party platforms, such as Teachers Pay Teachers (TPT), Etsy, and Amazon.
4. Image Library: The collection of over 32,000 full-color images available on Smarty Symbols’ website, each representing a word relevant to educational settings and inclusive visual support.
5. PDF File: A Portable Document Format file that enables secure and consistent presentation of documents across different devices and platforms.
6. Commercial Use: The incorporation of Smarty Symbols’ images into digital educational resources with the intent to generate revenue, whether through sale, distribution, or other commercial activities. Additionally, commercial use also refers to any type of mass distribution, whether for profit or free, which may or may not generate revenue. Examples include but are not limited to: free distribution of resources for self-promotion, distribution of resources as part of a promotional campaign, or sharing resources on personal or company websites for marketing purposes. Such activities fall under the scope of commercial use and require a valid Commercial License or a separate contract obtained from Smarty Symbols, as applicable, to comply with this TOU and copyright regulations.
7. Third-Party Sites: Online platforms and marketplaces, such as Teachers Pay Teachers (TPT), Etsy, and Amazon, where TPT Sellers may upload and sell their educational resources.
8. Hosted Website: A website owned and operated by the TPT Seller where Smarty Symbols’ images are used commercially outside the context of PDF files or third-party platforms.
9. Separate Contract: A specific agreement obtained from Smarty Symbols, in addition to the Commercial License, allowing the TPT Seller to use Smarty Symbols’ images commercially outside the scope of this TOU.
10. Copyright: The exclusive rights granted to Smarty Symbols as the creator and copyright holder of the images, protecting them from unauthorized use, reproduction, and distribution.
11. Hosted Website: A website owned and operated by the TPT Seller where Smarty Symbols’ images are used commercially outside the context of PDF files or third-party platforms.
12. Separate Contract: A specific agreement obtained from Smarty Symbols, in addition to the Commercial License, allowing the TPT Seller to use Smarty Symbols’ images commercially outside the scope of this TOU.
13. Copyright: The exclusive rights granted to Smarty Symbols as the creator and copyright holder of the images, protecting them from unauthorized use, reproduction, and distribution.

These definitions aim to provide clarity and consistency in understanding the terms used throughout this TOU. By utilizing Smarty Symbols’ image library and obtaining a Commercial License, TPT Sellers acknowledge their acceptance and compliance with the conditions outlined in this agreement, ensuring fair and legal use of Smarty Symbols’ intellectual property.

1. Commercial License Description: The Commercial License offered by Smarty Symbols grants you, the licensee, the right to utilize our images for personal and financial gain within the scope of your subscription. This license applies to both digital and printed mediums, with limited attribution, during the term of your subscription.
2. Conditions for Obtaining and Maintaining a Commercial License: To obtain and maintain an active commercial license, you must purchase a subscription through our official website at www.smartysymbols.com. Subscriptions are auto-renewable, but you have the option to manage your account and cancel the subscription if needed.
3. Allowed Usage in TPT Products: With a valid commercial license, you are permitted to incorporate Smarty Symbols’ images into educational resources for sale on public third-party sites, such as Teachers Pay Teachers (TPT), Etsy, and Amazon. The images must be secured within PDF files to ensure proper attribution and protection.
4. Prohibition of Stand-alone Image Distribution: Under no circumstances are you allowed to sell or distribute Smarty Symbols’ images or templates as stand-alone items in any image format. Images must be utilized to enhance your own resources, accompanied by relevant content and design. Any unauthorized distribution or licensing of our images as independent entities will be considered a breach of this agreement and may lead to copyright infringement.
5. Additional Image Manipulation: Commercial licensees are granted permission to perform image manipulation, such as transforming color images into line art or combining images, while acknowledging that the resulting material remains copyrighted by Smarty Symbols.

1. Explanation of Subscription Model and Pricing Options: Smarty Symbols offers a subscription-based model that allows users to access and download our extensive image library. The subscription options and pricing details are available on our official website at www.smartysymbols.com. We may update our subscription plans and pricing from time to time, and any changes will be reflected on the website.
2. Managing and Canceling Subscriptions: As a subscriber, you have the flexibility to manage your account and subscription. To make changes to your subscription, including upgrades, downgrades, or cancellation, you can log in to your account on our website and access the subscription management section. Please note that any changes made to your subscription will take effect at the start of your next billing cycle.
3. Auto-Renewal Information: All subscriptions to Smarty Symbols are set to auto-renew by default. This means that at the end of each billing period, your subscription will automatically renew for the same term, and you will be charged the applicable subscription fee. The auto-renewal feature ensures continuous access to our image library without any interruptions.
4. Effect of Auto-Renewal on the License: The auto-renewal feature ensures the continuity of your commercial license, allowing you to maintain the right to use Smarty Symbols’ images in your educational resources on third-party platforms, as specified in the Terms and Conditions. If you wish to discontinue your subscription and cease the usage of our images in new educational resources, it is essential to cancel the auto-renewal before the start of the new billing cycle.
5. Cancellation of Auto-Renewal: If you decide to cancel the auto-renewal of your subscription, you can do so at any time during your current billing period. When you cancel the auto-renewal, your subscription will remain active until the end of the current billing cycle. However, please keep in mind that canceling the auto-renewal will not entitle you to a refund for any unused portion of your subscription.
6. License Termination and Expiration: Should you decide not to renew your subscription, your commercial license to use Smarty Symbols’ images in new educational resources will automatically expire at the end of your current billing cycle. This means that you will no longer be able to create and distribute new resources containing Smarty Symbols’ images for personal or financial gain once your subscription expires.
7. Existing Resources and License Validity:Upon cancelation of your subscription or the expiration of your auto-renewal, your right to create and publish new educational resources using Smarty Symbols’ images will be immediately revoked. You will no longer have permission to use Smarty Symbols’ images in any new materials for personal or financial gain.Regarding the existing educational resources that were created and published while your subscription was active, the commercial license for these materials will remain in effect for a period of 3 years from the date of termination. During this 3-year period, you may continue to distribute and sell these existing resources on the respective platforms while still generating revenue from them.However, after the 3-year period expires, the commercial license for the previously created materials will also cease. At that point, you will be required to take one of the following actions:
   1. Yearly License Renewal: You may choose to continue using Smarty Symbols’ images in the existing materials by renewing your commercial license on a yearly basis. The yearly renewal will ensure that you can continue generating revenue from these materials while maintaining a valid licensing agreement.
   2. Removal of Images: Alternatively, if you decide not to renew your commercial license, you must remove Smarty Symbols’ images from the educational resources that are still in circulation. This means that you will no longer have permission to use Smarty Symbols’ images in those materials, and you must cease the distribution and sale of the resources containing Smarty Symbols’ images.

   As part of our commitment to nurturing a strong and lasting partnership with our commercial licensees, we offer an affordable yearly commercial fee. This allows you to maintain the commercial validity of your existing resources while continuing to benefit from the use of Smarty Symbols’ high-quality images.

   We highly value your collaboration with Smarty Symbols and your commitment to respecting intellectual property rights. If you have any questions or require further clarification regarding the validity of your commercial license or any other aspects of your subscription, please do not hesitate to contact our dedicated support team at [email protected]. We are here to provide you with the necessary assistance and support to ensure a successful and mutually beneficial partnership. Thank you for choosing Smarty Symbols to enhance your educational materials.

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Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Quis ipsum suspendisse ultrices gravida. Risus commodo viverra maecenas accumsan lacus vel facilisis.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Quis ipsum suspendisse ultrices gravida. Risus commodo viverra maecenas accumsan lacus vel facilisis.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Quis ipsum suspendisse ultrices gravida. Risus commodo viverra maecenas accumsan lacus vel facilisis.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Quis ipsum suspendisse ultrices gravida. Risus commodo viverra maecenas accumsan lacus vel facilisis.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Quis ipsum suspendisse ultrices gravida. Risus commodo viverra maecenas accumsan lacus vel facilisis.