Hillstock
no longer offers "personal use" licenses,
however for our customers who have already made their
purchase, these terms still apply.
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.
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.
When you check out simply select "I do not have
a PayPal account" and you will be able to complete
your order without setting up a PayPal account. We may,
at our discretion, accept other forms of payment. Products
are shipped after payment has been received in full,
NO EXCEPTIONS.
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.
Personal
Use License:
Personal
use clip art can be used for non-commercial, non-professional
projects such as making greeting cards for friends and
family, personal crafting and scrapbooking projects,
and other non-professional uses. Web site usage and
posting to electronic message boards, web logs, etc.
is strictly prohibited. Absolutely NO professional,
business, for-profit, sale or other non-personal usage
is allowed. Non-profit & educational organizations
must purchase a professional use CD/license.
HILLSTOCK
WILL NOT SELL PERSONAL USE LICENSES/CLIP ART TO BUSINESS/PROFESSIONAL
ACCOUNTS OR ADDRESSES REGARDLESS OF INTENDED USAGE.
HILLSTOCK MAY, AT ITS DISCRETION, CANCEL ANY PENDING
ORDERS THAT MAY VIOLATE THESE CONDITIONS AND YOUR SOLE
REMEDY SHALL BE A REFUND IN FULL. SHOULD WE DISCOVER
FOR-PROFIT OR PROFESSIONAL USAGE AFTER A CD HAS SHIPPED
YOUR LICENSE TO USE THE IMAGES WILL TERMINATE IMMEDIATELY
AND YOU WILL NOT BE DUE A REFUND AND IN ADDITION WILL
BE BILLED FOR A PROFESSIONAL USAGE LICENSE. CONTINUED
USAGE AFTER NOTICE HAS BEEN GIVEN AND PAYMENT NOT RECEIVED
SHALL CONSTITUTE A BREACH OF THIS LICENSE AND VIOLATION
OF COPYRIGHT AND FURTHER LEGAL ACTION AGAINST YOU MAY
BE PURSUED.
The licensee
agrees to take all reasonable steps to prevent third
parties from duplicating or distributing the images.
Prohibited
Uses
-
Copying and distributing the image(s).
-
Offering
of images individually or as part of a collection
to be saved, bought, downloaded, shared, or used
as e-cards.
-
Using
images for any pornographic or unlawful purpose
or use.
-
Using
or displaying any image in association with print-on-demand
websites such as CafePress®.
-
Creating
rubber stamps, "tubes," and other items
that redistribute our images.
-
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
contact
us 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.
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 those 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 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.