Hillstock
Terms of Use & License Agreement
Terms
of Use of this Web Site and Our Products and Services
Your
access to our products and services is subject to
the terms and conditions stated in this legal notice.
If you do not agree to these terms, do not purchase
our products and services. These terms and conditions
are subject to change without notice by updating or
revising this legal notice.
Clip
Art Collections and Digital Files
Our
image license grants a non-exclusive, non-transferable
right to use the digital files in accordance with
the terms of this agreement when an image license
has been purchased and paid in full. The
licensee agrees to take all reasonable steps to prevent
third parties from duplicating or distributing the
images.
Payment
Terms
We
accept credit card payments from Visa, MasterCard,
American Express or PayPal. Your shipping address
MUST match the billing address associated with your
credit card; otherwise your payment will be denied.
This is to avoid fraudulent transactions. You
do NOT need to open a PayPal account to place an order
with us. A screen shot of what you will see
at checkout is shown below.
When
you check out simply click the "Continue"
link where you are asked "Don't have a PayPal
account?" You will be able to complete your order
without setting up a PayPal account.
Technical
Specifications
Our
CDs are designed to work with both Mac and PC computers.
Files are saved in JPEG format. You can open and print
our images with Windows Explorer if you are using
Microsoft Windows®. To edit and manipulate the
images you will need a graphics program. For technical
support please refer to the user manual or help files
for your specific graphics program.
Exchange
Policy
Although
considerable time has been spent enhancing and restoring
the images, like all fine antiques and vintage art,
the images are not guaranteed to be "like new"
and free of error or imperfections. Image sizes quoted
are approximate.
Clip
Art CDs can be returned for an equal exchange in the
unlikely event that you receive a defective CD (for
example it was damaged during shipping or the CD doesn't
work properly). You must notify us within thirty (30)
days of your receipt of the item for a replacement
CD containing the same image(s) at no additional charge
to you. We do not give refunds.
Professional
Use License
A)
Businesses may allow up to five employees total to
use licensed digital file(s), but they may not under
any circumstance be used for third-party projects.
Third-party users of the same digital file(s) must
pay for an additional license.
B)
Advertising and Graphic Design Firms are permitted
to license digital files on behalf of a client PROVIDED
that all of the terms of use of this license agreement
are met and any special licenses needed are purchased.
If the image is used for multiple clients
you MUST purchase an additional license in advance
for EACH use/client.
C)
Allowed Uses of Licensed Digital Files:
-
Printing and publishing projects for educational,
editorial, personal and promotional use as long
as print runs do not exceed 50,000.
-
Creating derivative works that are subject to
the same terms of use within this license agreement.
-
Web
sites and multimedia presentations provided that
a notice is posted with "Image © Hillstock,
LLC," the images are displayed at a resolution
no higher than 640 x 480 pixels at 72 pixels per
inch, no more than three images from any collection
are used on one web site or presentation, and
it is clearly stated that the image is not available
for download.
Prohibited
Uses
-
Copying
and distributing the image(s) in digital format.
-
Offering of images individually or as part of
a collection to be saved, bought, downloaded,
shared, or used as e-cards, even if not for profit.
-
Using the images to create items for sale, merchandise
packaging, for-sale crafts or any other retail
usage without obtaining a
special use license before purchasing
our products or using the images in a manner not
permitted within these terms.
-
Utilization of images as a trademark or service
mark.
-
Using images for any pornographic or unlawful
purpose or use.
-
Using or displaying any image in association
with print-on-demand web sites such as CafePress®.
-
Creating rubber stamps, "tubes," fabric
blocks and other items that redistribute our images
and/or create a competitive product.
-
Storing images on a public server or network accessible
by anyone other than the licensee.
Other
Usage
If
you are seeking usage not outlined in these terms
please fill
out our online form for licensing and
pricing options.
Disclaimer
of Warranties/Indemnification
Except for any liability which cannot by law be limited
or excluded, Hillstock, LLC disclaims all warranties,
express or implied, including, but not limited to,
implied warranties of merchantability or fitness for
a particular purpose. You shall indemnify and hold
harmless Hillstock, LLC and its agents against all
claims, liability, damages, costs and expenses, including
reasonable legal fees and expenses based on or resulting
from any information contained on this site or products
and services offered through this site.
You are solely responsible for consulting with competent
legal counsel to make your own legal determination
on the suitability of the image(s) for your projects.
HILLSTOCK, LLC's MAXIMUM LIABILITY ARISING OUT OF
OR IN CONNECTION WITH LICENSEE’S USE OF THE
LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE)
SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED
TO THE VALUE PAID BY THE LICENSEE FOR THE LICENSED
MATERIAL.
Third
Party Links and Services
We
offer links to other web sites that are not controlled
by Hillstock, LLC and we are not responsible for any
content contained on any such web site or any loss
suffered by you in relation to your use of such web
sites. You waive any and all claims against Hillstock,
LLC regarding the inclusion of links and services
from outside web sites or your use of hose web sites.
Order
Acceptance Policy
We reserve the right to accept or decline your order
or limit the order quantity for any reason. For credit
card payments, such payment is subject to the approval
of the financial institution issuing the credit card
and we shall not be liable in any way if such financial
institution refuses to accept or honor the credit
card for any reason. We may require, at our option,
that any order placed over certain dollar amounts
receive our pre-approval. We also may require additional
verification or information before accepting any order.
Typographical
Errors
In
the event a product is listed at an incorrect price
or with incorrect information due to typographical
error or error in product information, we reserve
the right to refuse or cancel any orders placed for
products listed incorrectly. If your credit card has
already been charged for the purchase and your order
is cancelled, we shall immediately issue a credit
to your credit card account in the amount of the charge.
Product
Availability
We
reserve the right, without liability or prior notice,
to revise, recall, discontinue, or cease to make available
any or all products or to change product pricing at
any time.
Notice
of Copyright
Hillstock,
LLC registers many of its collections with the United
States copyright office. This establishment of public
record of copyright entitles Hillstock, LLC to protection
by all applicable laws and provides prima facie evidence
in court of the validity of the copyright and of the
facts stated in the certificates. Additionally, Hillstock,
LLC shall be entitled to statutory damages and attorney's
fees due in court actions in addition to an award
of actual damages and profits in a case of infringement.
No
title or ownership rights of our collections are transferred
to licensees. Hillstock retains all rights not expressly
granted by this license agreement.
Governing
Law / Jurisdiction
All
licensees and users of this site are bound by the
terms outlined above, regardless of the licensee's/user's
geographic location. Any and all disputes arising
out of or in connection with this license agreement
shall be settled in the courts of Cumberland County,
Maine. This agreement, its validity and effect, shall
be interpreted under, and governed by, the laws of
the State of Maine.If
any provision of these Terms and Conditions are found
to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force
and effect.
Last
updated February 1, 2008
