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Term of Use and Privacy Terms of use - YAY Images Customer Agreement §1 Agreement
<p>
This Agreement is between (YayImages.com) (operating the brand "YAY Images") and
customers who use
or
download content from yayimages.com (the site).
By using the site you agree to be bound by this
Agreement.
The
customer
is required to read, understand and sign this Agreement prior to using any content from the site.
If
the
customer has
any questions he or she should contact YAY Images using contact form or livechat prior to signing
the Agreement.
</p>
<p>
(YayImages.com) reserves the right to change this Agreement at any time without
further notice.
We
reserve
the right to update and/or change our pricing structure as needed.
This Agreement applies to you
and, if you are
using
this web site on your client's or employer’s behalf, to you and your clients or you and your
employer.
</p>
§2 General
<p>This site is owned and operated by (YayImages.com) .
All rights not
specifically
granted under this
Agreement are reserved to (YayImages.com) .
(YayImages.com) may restrict
or remove
your
access to this site at any time and restrict or remove any content without prior notification if
there is a
breach of
contract or illegal use.
In special circumstances we have the right to ask you to immediately
discontinue all
use of a
specified content upon notification.</p>
<p>You are solely responsible for determining whether your use of any content requires
the consent of
any third party or
the license of any additional rights, and you should not rely solely on the information provided by
(YayImages.com)
or its members.
If you are unsure whether additional third-party rights are needed for
your use,
you are
responsible for consulting with competent rights management professionals or legal counselors.</p>
<p>(YayImages.com) takes reasonable efforts to provide accurate information
on the site,
but cannot take
responsibility for any mistakes, inaccuracies or typographical errors on the site.
It is the
contributor’s sole
responsibility, as the copyright holder, not to upload content that infringes copyright or
trademarks.
Despite
our best
efforts to identify any such content, (YayImages.com) does not hold any responsibility
for any
infringements.
Please notify us if you discover any such material.</p>
§3 Account
<p>To obtain access to the content, you have to sign up for an account and you agree to
provide
complete, true and accurate
information.
(YayImages.com) reserves sole discretion over whether to grant you an
account.</p>
<p>You agree to take reasonable steps to prevent others from obtaining your access
information and to
notify (YayImages.com) of any unauthorized access or need to update or remove access
for any of
your employees or agents.</p>
§4 Licenses
<p>After acquiring a subscription, you can stream or download content and you will
receive a license
for use of that
content.
These licenses are awarded to the account owner (person or organization).
This is a
one-person/one-company
license and can be used only by the account owner or his employee, for the company's own projects or
clients and
cannot
be transmitted to another party.
It is not allowed to use this service in order to build an internal
image bank
for
future use.
</p>
<p>For high-volume users of extended RF, please contact us using contact form or
livechat.
Customers are not allowed to automate image download / streaming by f.ex using scripts.
You may modify the content in any way required for reproduction, or include them in your own
personal creations.
Buying
content does not transfer the copyright.
You may not claim that the content is your own.
You may not
sell,
license for
use, or in any way distribute the content for reuse, except if you obtain an extended license.
Please note that
editorial images have restrictions on use.</p>
Editorial Use Only Files
<ol>
<li>Files marked "Editorial" are sold under a limited Standard license, and are prohibited for
commercial use or
advertising.
These Files may contain images of people without model releases, private property,
famous
trademarks and
other protected elements for which special permissions may be required for commercial use or
advertising.
</li>
<li>When using such a File, you must take all possible and reasonable efforts to credit the
copyright owner
(YayImages.com
contributor), give attribution to YayImages.com and post a link to yayimages.com.
The copyright
notice must
contain the
following: “Name or Pseudonym of the Contributor (author) /YayImages.com"</li>
</ol>
Examples of permitted use:
<p>Publishing: newspapers, magazines, articles and publications on blogs or websites,
articles in
encyclopedias, reference
books, non-commercial use related to important events, non-commercial presentations, TV programs,
documentary
movies,
news, personal use</p>
Examples of prohibited use:
<p>
Any commercial purposes, advertising, trademark or product promotions, etc
</p>
Refunds:
<p>
We do not offer refunds for downloaded images.
If you have downloaded an image you are dissatisfied
with, you
should
find another image that suits your needs.
We do offer refunds for the whole product, if you find it
to not meet
your
expectations, and the usage rate is low.</p>
<p>You may cancel your subscription at any time.
Cancelled subscriptions will not be
renewed, but you
will pay for the
billing period already in effect.
If you cancel your streaming subscription, YAY will not continue
to host your
images.
All subscriptions are subject to pricing changes at any time, including legacy plans but not limited
to
Streaming and
Max plans.
</p>
<p>
<strong>Credits Expiration:</strong> the date of purchase, on all plans except the
AppSumo Plan
(Lifetime, no expiration) and Credit Packs, credits
will expire and be forfeited (1) Year (365 days) from the date of Purchase or two weeks (14 days)
after your plan has been cancelled.
</p>
<p>
Within two weeks (14 days) prior to expiration, you will receive an email notifying you that your
unused credits
will
expire and
be forfeited in 14 days.
</p> §4.1 Creative Royalty Free License:
<p>Royalty Free (RF): The content that you stream may only be used online.
Content
that
you download
under the regular
Royalty Free (RF) license may be used as shown below but not limited to the uses shown below.
As
long as the
item in
which the content appears does not contradict any of the restrictions.</p>
Examples of permitted use:
<ol>
<li>Digital use: sites, advertising banners, screen savers, wallpapers, software, apps, e-cards,
e-mails,
e-books,
presentations (PowerPoint, etc.), movies, videos and TV advertising, non official logos,
personal use, etc.
</li>
<li>Printed use: fine art prints, magazine, newspaper, book or booklet, flyer, covers,
packaging,
printed
advertising
materials, covers and illustrations for books, newspapers, magazines, business cards,
flyers,
posters,
CD/DVD covers,
wrappers, labels and product packaging, stationery: folders, notebooks, pens, pencils and
stickers, charms,
calendars,
mugs and glasses, mousepads, T-shirts, clothing, personal non-commercial use, etc.</li>
</ol>
Terms: The quantity of website visitors
Unlimited The quantity of copies or impressions
Up to 500,000 The quantity of copies or displays for electronic use
Unlimited The maximum allowed size (resolution) of the unmodified File for
electronic use Unlimited Creation of all kinds of items
(except Items for Resale or Items for Free Distribution, where the File plays a
major
role in the
item and adds value to
it)
Allowed Creation of Items for Resale or Items for Free Distribution where
the
File plays a
minor role in the
item
Allowed Creation of Items for Resale or Items for Free Distribution where
the
File plays a
major role in the
item and adds value
to it
Prohibited EXTENDED LICENSE (RF only):
<p>Redistribution requires an extended license.</p>
<p>The Extended license includes all permitted uses under the Standard license and
does
not have any
limits on the number
of copies, prints or displays and allows you to use the downloaded File for the creation of
Items
for Resale or
Items
for Free Distribution in which the File plays a major role in the item and adds value to it.</p>
Terms: The quantity of website visitors
Unlimited The quantity of copies or impressions
Unlimited TThe quantity of copies or displays for electronic use
Unlimited The maximum allowed size (resolution) of the unmodified File for
electronic use Unlimited Creation of Items for Resale or Items for Free Distribution where
the
File plays a
minor role in the item
Allowed Creation of Items for Resale or Items for Free Distribution where
the
File plays a
major role in the item and adds value
to it
Allowed Examples of Extended RF permitted use:
<ol>
<li>Digital use: Web templates, advertising banners, wallpapers, software, mobile apps, e-cards,
e-mails,
e-books,
presentations, presentation templates (PowerPoint, etc.), document templates, any other
templates, movies,
videos and TV
advertising, unofficial logos, items for resale and free distribution, personal
non-commercial
and
commercial use, etc.
</li>
<li>Printed use: Greeting cards or postcards especially designed for sale, similar
print-on-demand
services,
canvas,
t-shirts, mugs, calendars, postcards, mouse pads, advertisements in newspapers and
magazines,
printed
advertising
materials, covers and illustrations for books, newspapers, magazines, books consisting
wholly or
largely of
illustrations, business cards, flyers, posters, CD/DVD covers, wrappers, labels and product
packaging,
stationery,
folders, notebooks, pens, pencils and stickers, charms.</li>
</ol>
<p>It is forbidden to make the content available on a website for download (for
example
as wallpapers),
although you may
use the content in a concept on a website.
We recommend that you credit the agency and the
photographer when you
use
content.
Ex: Photographer YayImages.com.</p> §5 Unauthorized Use
<p>
Account changes - When the account type is changed to a new plan, existing credits from prior plans
will be spent first.
After prior credits are completely spent, the new or unlimited download plan
will take full effect.
If you cancel the new or unlimited plan, previously held or unspent credits
will expire 7 days after cancellation.<br>
If you have previously purchased download credits sold specifically as "non expiring" then you must
contact as after cancellation so we can restore the remaining credits.<br>
Unlimited fair use policy - We reserve the right to cap "Single Seat" users at 30 downloads per day
at any time.<br>
Share logins - Users are not permitted to share logins or accounts, unless invited via "Teams"
system, using their own login.
Sharing accounts may result in your credits being permanently
deleted.
</p>
<p>
Use Without limitation, content may not be used for any pornographic or unlawful purpose, to defame
a person, to
violate
a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or
service mark
of any
person/entity.
Unauthorized use is regarded as copyright infringement and entitles (YayImages.com)
to
exercise all rights and remedies under applicable copyright law, including restrictions preventing
further use
and
financial compensation against all users and beneficiaries of the use of such content.
</p> RESTRICTIONS
MEANING Sublicense, sell or transfer any rights in License <ol>
<li>The Standard and Extended licenses are single seat licenses.
A single-seat
license
authorizes only one (1) person (user)
to download and use Files.
However, you are allowed to transfer materials or
derivative work
containing Files to third
parties for reproduction within the scope of the permitted uses, provided they
don’t receive
any
additional rights to
the Files</li>
<li>You may not transfer any rights in this License to third parties without
YayImages.com’s
written consent</li>
</ol> Sell, share, license, assign or distribute Standalone
Content <ol>
<li>Conveyance of Content to third parties must always be in a Reproduced Licensed
Work and
never as Standalone Content</li>
<li>You must ensure with adequate technological measures that Standalone Content may
not be
extracted / copied from Licensed
Works by third parties</li>
</ol> Infringe Intellectual Property Rights <ol>
<li>You may not infringe or misappropriate the intellectual property rights</li>
<li>You may not remove any watermark, author attributions, notices or other
intellectual
property information in any content</li>
</ol> "Editorial" Content
Content marked "Editorial" may not be used for commercial,
advertising or
promotional purposes.
Extract Contents
You may not download Contents from the Site using automated methods
or scripts Use Content in Logos / Trademarks Content cannot be used for official logos or trademarks Use Contents Illegally
You may not use Contents in any way that violates any law, regulation
or statute
in any applicable jurisdiction Use Content for Immoral, Obscene, Illegal, Defamatory
Purposes
Content and Licensed Works may not be used in any way that is
pornographic,
offensive, politically endorsing, racist,
culturally offensive, obscene, sexually explicit, immoral, defamatory, intrusive of
privacy,
illegal, in a manner which
endorses violence or acts of terrorism, adult entertainment services or venues, tobacco
products,
medical products for
treating health issues related to sex, mental condition or terminal illness, is
discriminatory
towards race, gender,
religion, faith or sexual orientation Use Content to Derogate Persons, Property
You may not use Content in connection with a subject that would be
unflattering or
unduly controversial to a reasonable
person unless You accompany each use with a statement that clearly indicates that the
Content is
being used for
illustrative purposes only and any person depicted in the Content, is a model Resell Reproduced Licensed Works
Subject to Extended License, Licensed Works may not be resold §6 Indemnification
<p>You agree to indemnify, defend, and hold (Yay Images) and its affiliates, harmless
from all claims,
liability, damages,
costs and expenses, including reasonable legal fees and expenses, arising out of or related to a
breach of this
Agreement, the use of this site and the use of any content</p>
<ol>
<li>Disclaimer.
You agree that neither Yay Images, nor their respective affiliates, nor any of their
respective
officers,
directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than
You), shall
be liable
for any incidental, indirect or consequential damages arising from any use or non-use of the
Content, even
if such
parties have been advised, or advised of the possibility of such damages.
THE CONTENT ARE PROVIDED "AS IS" AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, NEITHER
PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR
FITNESS FOR A
PARTICULAR PURPOSE.</li>
<li>Licensee Indemnity.
Notwithstanding anything to the contrary in this License, You agree to fully
defend,
indemnify and
hold Yay Images, and their respective officers, directors, employees, owners, agents,
representatives,
licensors, and
anyone else associated with Yay Images and each of their successors, (sub)licensees (other than
You), and
assigns free
and harmless from any and all claims (including, without limitation, third party claims),
liabilities,
costs, losses,
damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection
with Your use
of the
Content or any breach or alleged breach of any representation, warranty, or other promise /
obligation made
by You in
this License.</li>
<li>Yay Images Indemnity.
Provided that You have not breached the terms of this License, Yay Images
agrees to
defend,
indemnify, and hold You harmless up to the Liability Cap.
Such indemnification shall only apply
to claims
for damages
directly attributable to Yay Image's breach of the warranties and representations in this
Agreement,
together with the
expenses (including reasonable attorneys' fees), arising out of or directly connected to any
valid actual
third party
lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of
unaltered Content
downloaded
and used by You pursuant to this Agreement violate Yay Image's warranties and representations
contained
herein.
This
indemnification is on the condition that You give Yay Images:
<ol>
<li>prompt written notice of any actual or threatened claim(s) known to You;</li>
<li>full information, assistance and cooperation for the defense or settlement thereof.
and
</li>
<li>at Yay Image's option, sole control of any defense, settlement or action related
thereto.</li>
<li>Yay Images shall not be responsible for any claim settled without Yay Images's consent
or any legal
fees and/or other
costs incurred prior to receiving complete notification of the claim as provided herein.
</li>
<li>Liability Cap.
Yay Image's maximum aggregate obligation and liability to You for all
claims
(assessed collectively)
under number 3 shall be limited to Twenty Five Thousand United States Dollars
(US$25,000.00) or the
total amount of the
license fees paid by You for the Content (Liability Cap).</li>
<li>Recovery of Costs.
If either party commences an action against the other relating to
this Agreement
for reasons
including, but not limited to, the failure to abide by any of the terms of this
Agreement, the
prevailing party in such
action will be entitled to recover all costs including, but not limited to, reasonable
attorneys'
fees associated with
the action.
Such relief is in addition to any other relief which may be awarded to the
prevailing
party.</li>
</ol>
</li>
</ol>
§7 PhotoBG Mobile Phone App
<p>By downloading or using the app, these terms will automatically apply to you – you
should make sure
therefore that you
read them carefully before using the app.
You’re not allowed to copy, or modify the app, any part of
the app, or
our
trademarks in any way.
You’re not allowed to attempt to extract the source code of the app, and you
also
shouldn’t try
to translate the app into other languages, or make derivative versions.
The app itself, and all the
trade marks,
copyright, database rights and other intellectual property rights related to it, still belong to
.
</p>
<p> is committed to ensuring that the app is as useful and efficient as
possible.
For that
reason, we reserve
the right to make changes to the app or to charge for its services, at any time and for any reason.
We will
never charge
you for the app or its services without making it very clear to you exactly what you’re paying for.
</p>
<p>The PhotoBG app stores and processes personal data that you have provided to us, in
order to provide
our Service.
It’s
your responsibility to keep your phone and access to the app secure.
We therefore recommend that you
do not
jailbreak or
root your phone, which is the process of removing software restrictions and limitations imposed by
the official
operating system of your device.
It could make your phone vulnerable to malware/viruses/malicious
programs,
compromise
your phone’s security features and it could mean that the PhotoBG app won’t work properly or at all.
</p>
<p>You should be aware that there are certain things that will not take
responsibility
for.
Certain functions
of the app will require the app to have an active internet connection.
The connection can be Wi-Fi,
or provided
by your
mobile network provider, but cannot take responsibility for the app not working at
full
functionality if
you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.</p>
<p>If you’re using the app outside of an area with Wi-Fi, you should remember that your
terms of the
agreement with your
mobile network provider will still apply.
As a result, you may be charged by your mobile provider
for the cost
of data
for the duration of the connection while accessing the app, or other third party charges.
In using
the app,
you’re
accepting responsibility for any such charges, including roaming data charges if you use the app
outside of your
home
territory (i.e.
region or country) without turning off data roaming.
If you are not the bill payer
for the
device on
which you’re using the app, please be aware that we assume that you have received permission from
the bill payer
for
using the app.</p>
<p>Along the same lines, cannot always take responsibility for the way you
use the app
i.e.
You need to make
sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail
the Service,
Doublesix
Ltd cannot accept responsibility.</p>
<p>With respect to ’s responsibility for your use of the app, when you’re
using the app,
it’s important to
bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do
rely on
third
parties to provide information to us so that we can make it available to you.
accepts
no liability
for any
loss, direct or indirect, you experience as a result of relying wholly on this functionality of the
app.</p>
<p>At some point, we may wish to update the app.
The app is currently available on iOS –
the
requirements for system (and
for any additional systems we decide to extend the availability of the app to) may change, and
you’ll need to
download
the updates if you want to keep using the app.
does not promise that it will always
update the app
so that
it is relevant to you and/or works with the iOS version that you have installed on your device.
However, you
promise to
always accept updates to the application when offered to you, We may also wish to stop providing the
app, and
may
terminate use of it at any time without giving notice of termination to you.
Unless we tell you
otherwise, upon
any
termination, (a) the rights and licenses granted to you in these terms will end.
(b) you must stop
using the
app, and
(if needed) delete it from your device.</p>
§8 Other
<p>You agree to pay and be responsible for any and all sales taxes, use taxes, value
added taxes and
duties imposed by any
jurisdiction as a result of the license granted to you.</p>
<p>(YayImages.com) and the client agree and commit themselves to follow
the code of
business conduct.</p>
<p>Any dispute should first be attempted solved between the parties involved, if
unsuccessful, the
legal venue will be Hong
Kong.</p>
<p>I affirm that I have full legal capacity to sign this Agreement.</p>
<p>Terms are updated as of October 26, 2020.</p>
§9 Changes to This Terms and Conditions
<p>We may update our Terms and Conditions from time to time.
Thus, you are advised to
review this page
periodically for any
changes.
We will notify you of any changes by posting the new Terms and Conditions on this page.
These changes
are
effective immediately after they are posted on this page.</p>
§10 Contact Us
<p>If you have any questions or suggestions about our Terms and Conditions, do not
hesitate to contact
us using contact form or livechat.</p> Images Videos Vectors Pricing Sign Up Already have an account?
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