End User Standard License Agreement for Stock Images

If you have any questions about our EULA, please contact us prior to purchasing. We do not issue refunds so please ask any questions you have before making a purchase.

By licensing images from hereswendy.com, you agree to and are legally bound by the terms of this agreement and refund policy.

Licensing:

Hereswendy Stock Images

You will find the contractual license below but I know you are unlikely to read it all. Here is a quick summary:

  1. You are responsible for the use of the image and whether your specific use requires the permission of any person or company.
  2. You must not use the image in a pornographic or defamatory way.
  3. Standard licenses allow you to use the image in one design but they do not give you permission to resell the image.
  4. Extended licenses expand on the standard license to allow you to use the image in much larger projects.

The detail is in the full Agreement below, but I hope that gives you enough information to choose either the lower priced standard licenses that give you a choice of file size, or the extended license that only is offered with a full size download.

Thanks for reading this section!

Refund Policy:

We list image sizes and give you visual samples. What you see is what you get on our site. We cannot offer refunds, unless you have licensed the same image number more than once. We can then issue a refund for the lesser or equal purchase. Please review your order prior to purchasing. If you require a watermarked JPEG sample, please contact customer service (via the contact us link) so we can provide you with one.

Our responsibilities are complete once you have downloaded the file(s). We cannot be held responsible for issues with web browser or software incompatibility (we always recommend the newest versions of Elements, Photoshop or Illustrator), alterations, a typo in your email address during checkout (will result in a delay in getting your images), sample text, a purchase of the wrong file type or size, paypal using your primary email address and not the one you expected, image resizing, your printer settings, transparent backgrounds, etc.

If you are having a problem with downloading, please contact us so we can help you.

Terms Of Use:

ONE TIME USE COMMERCIAL LICENCE:

Subject to the restrictions described under Prohibited Uses below, the following are Permitted Uses of Stock Images purchased from Backyard Stock Photos:

IMPORTANT:

hereswendy.com Stock Images and Wendy Townrow make no representations as to whether any specific use of an image requires a model or property release. That responsibility is yours.

  • The One Time Use License  is  subject to the restrictions described under Prohibited Uses below, the following are Permitted Uses of Stock Images purchased from hereswendy.com:
  • Our images are ROYALTY FREE not FREE. You must purchase a license for each image that you want to use for any purpose. If you are caught using an unlicensed image you will be billed for the image license.
  • Images may not be copyrighted or trademarked.
  • Copyright is not transferred with the license of an image. When you pay, you are paying to use the image, not to own the image. The artists always retain their copyrights and other customers can license the same image at any time. This means that the images are non-exclusive and that anyone may download and use the same image for competitive or other purposes.
  • Images under the Standard Single Use Commercial license are available for commercial, editorial and personal use.
  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license) up to 2,000 prints;
  • school or university projects;
  • social media post or profile image;
  • decorative background on a personal computer or mobile device;
  • online or electronic publications, including web pages, blogs, ebooks and videos, limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
  • The license never expires. Once licensed, the End User may use the image forever in one project.
  • Images licensed are for the End User only. Anyone working on a project for the End User may have access to the image only for projects for the End User. Licenses are non-transferable. A license must be purchased for each image and each End User. If you have multiple clients that want to use the same image, you must purchase a license for each client.
  • If you are licensing on behalf of a client, you must provide the client with a copy of the original receipt, access to the download area and a link to this License Agreement so they have proof of a license to use the image(s). Please credit their name/business name in the Company field during checkout, or reply from your receipt to tell us who the license is for. We highly recommend that you have your client license the image(s) themselves since they are the End User.

THE EXTENDED USE LICENCE:

Our Extended license expands on our One Time use license in the following ways:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
  • entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
  • prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
  • in themes, skins and other electronic software meant for resale limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.

Both our One Time Use and Extended licenses permit you to use the purchased image in one project only.

For use in multiple projects, additional licenses may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one license permits you to use the same image in both mediums.

PROHIBITED USES:

  • You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Image or the rights granted under these terms;
  • You may not use any of the Stock Image as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • You may not use any of the Stock Image in whole or part in a Print on Demand Product
  • EDITORIAL IMAGES: Images designated as Editorial CANNOT be used for commercial purposes. The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to Wendy Townrow and hereswendy.com in substantially the following form:
    “Wendy Townrow/hereswendy.com”
  • You may not remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Stock Image;
  • Images may not be distributed to other users via templates and digital downloads such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, personalized products such as shirts, hats, apparel, etc, business card design templates, documents on Teachers Pay Teachers, and similar sites. Each template user would need an individual license.
  • Converting our raster images to vector images is prohibited.
  • You may not install and use the Stock Image in more than one location or post a copy of the Stock Image on a network server or web server for use by other users;
  • Examples of restricted uses for all images are; distributing the digital image file for free or for a fee, publishing on items on print-on-demand sites, using the images on customisable products (invitations, templates, etc), templates of any kind, distribution of digitized embroidery files, copyrighting or trademarking the images, or rubber stamps.
  • After purchasing a license, you are welcome to make changes to the image by changing colours, adding text, or adding or removing items in the image. You are not permitted to create additional poses using the character (such as repositioning the body), nor can you make animations of the image/character. This would be a copyright issue. Please note that you cannot claim copyright on altered images since the original image was created by our artist and is under copyright.
  • You only need one license per image, per End User. If you are purchasing the same image multiple times for more than one End User, please be sure to put the End User’s name or company name in the “Company” or “Notes” field during checkout or to notify us as soon as possible.
  • You may not use the Stock Media in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property depicted in the Stock Image into disrepute;
  • You may not use the Stock Image in a way that places any person depicted in the Stock Image in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images:

a) In pornography, “adult videos” or similar;

b) In ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and

c) Uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Stock Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;

  • You may not incorporate the Stock Image in any product that results in a re-distribution or re-use of the Stock Image or is otherwise made available in a manner such that a person can extract or access or reproduce the Stock Image as an electronic file; or
  • You may not use or display Stock Image in such a manner that gives the impression that the Stock Image was created by you or a person other than the copyright holder of the Stock Image.

By purchasing a license to use the images on this site from us, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the image as per the terms set out in this agreement and that you are responsible for the use of the image including confirming that no releases are needed for your usage.

For any uses not listed here, or for questions regarding our licensing please contact us.

If an end use is not covered under these terms then please contact support with your request.

LEGALS:

  1. hereswendy.com and Wendy Townrow hold no responsibility from any legal issues that may arise from any use by the End User. The End User is responsible for any legal issues or costs resulting in their use.
  2. The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the image(s).
  3. The End User is responsible for the end-use and any legal and/or any financial liability that may arise from such use.
  4. The End User may not use any image found on this site for any illegal or fraudulent purpose. Some images may include sensitive issues such as abuse or drugs. These images are intended for personal use, or for prevention/discussion of the issues and can not be used to promote illegal drugs or activities.
  5. Distribution of the image(s) must be as an end product. The End User may not distribute the image(s) on a network, CD, website, or any other means, for free or for charge. Only the copyright holder and/or agent for the copyright holder may license or re-license these images. Again, you must purchase a license for each End User. Example; if you have a layout site for business cards, brochures or layouts, you would need to purchase the license for each customer that chooses to use one of our images. You would also need a license for each image to even display them on your site.
  6. You shall indemnify and defend hereswendy.com, Wendy Townrow and its image contributors against 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 or modification of any Image or combination of any Image with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
  7. hereswendy.com and Wendy Townrow are not and cannot be held responsible for incorrect identification, titles, descriptions or captions of any images, such as the wrong identification of the subject of the image. It is up to the End User to make sure identifications are correct for their purposes.
  8. Images may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for intended use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

By purchasing from hereswendy.com you agree to the terms and conditions set out in the EULA

hereswendy.com 2016