If you still aren't sure about your particular kit:
The main points of our commercial TOU related to kit distribution might be summarized by the following "eyeball" tests:
1) Take a look at your kit. Are 50% of the items in the kit your original unique creations? If not, it's time to go back to the drawing board and work until you have enough truly unique original creations to fill at least 50% of the kit. These should basically be graphics that you designed from scratch (or at the very least acquired from sources other than DigitalScrapbook.com).
2) If at least 50% of the items in your kit are your own unique designs, it's time to look at the other half of the kit: those items which are based off of DigitalScrapbook.com graphics. For these items, you should ask yourself: when I look at all of these items together ("eyeball" them), are they mostly just unmodified (or barely modified) graphics from DigitalScrapbook.com? (in which case you probably need to do more remixing) Or have they generally been modified/remixed so that they are relatively new and unique compared with the graphics that they are based on? (Again, see those sections of our TOU about what constitutes a good "remix").
If you can say that at least 50% of the items in your kit are completely original (not based off of DigitalScrapbook.com graphics), and that for the rest most of the items that you are using from our site have been modified/remixed according to the examples in our TOU, then you are probably good to go. If your kit fails one or both of these tests, then you probably need to keep working on it until it is a bit more original.
If you are still unsure:
If you are still unsure, because your kit is really an edge case, then our advice is still the same: you should probably keep working on the kit until you can say confidently that it is unique enough to pass these two "eyeball" tests.
If you have worked and worked on your kit, and for some reason you are still really, really unsure if it is unique enough to pass these tests, then go ahead and contact us. But generally, we will probably agree with whatever your own intuition is. So eyeball the kit, and ask yourself how unique you think it is.