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.
Hillstock
Images 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.
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.
Return
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. Due to the nature of digital media,
we do not give refunds. Please make your selection carefully prior
to purchase. We are available to answer any presales questions
you may have.
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 contact
us for licensing and pricing options.
Image
Comping
To use a comp just
right click and save the watermarked preview to your hard drive.
Actually using image comps in your personal, creative or professional
projects without paying for a license is strictly prohibited.
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.