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Term of Use and Privacy

Terms of use - YAY Images Customer Agreement

§1 Agreement

This Agreement is between (YayImages.com) Doublesix Ltd (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 at support@yayimages.com prior to signing the Agreement.

(YayImages.com) Doublesix Ltd 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.

§2 General

This site is owned and operated by (YayImages.com) Doublesix Ltd. All rights not specifically granted under this Agreement are reserved to (YayImages.com) Doublesix Ltd. (YayImages.com) Doublesix Ltd 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.

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) Doublesix Ltd 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.

(YayImages.com) Doublesix Ltd 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) Doublesix Ltd does not hold any responsibility for any infringements. Please notify us if you discover any such material.

§3 Account

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) Doublesix Ltd reserves sole discretion over whether to grant you an account.

You agree to take reasonable steps to prevent others from obtaining your access information and to notify (YayImages.com) Doublesix Ltd of any unauthorized access or need to update or remove access for any of your employees or agents.

§4 Licenses

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.

For high-volume users of extended RF, please contact us at support@yayimages.com 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.

Editorial Use Only Files

  1. 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.
  2. 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"

Examples of permitted use:

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

Examples of prohibited use:

Any commercial purposes, advertising, trademark or product promotions, etc

Refunds:

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.

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.

Credits Expiration: 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, for all plans purchased after October 1, 2019.

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.

§4.1 Creative Royalty Free License:

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.

Examples of permitted use:

  1. 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.
  2. 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.

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):

Redistribution requires an extended license.

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.

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:

  1. 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.
  2. 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.

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.

§5 Unauthorized Use

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) Doublesix Ltd 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.

RESTRICTIONS MEANING
Sublicense, sell or transfer any rights in License
  1. 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
  2. You may not transfer any rights in this License to third parties without YayImages.com’s written consent
Sell, share, license, assign or distribute Standalone Content
  1. Conveyance of Content to third parties must always be in a Reproduced Licensed Work and never as Standalone Content
  2. You must ensure with adequate technological measures that Standalone Content may not be extracted / copied from Licensed Works by third parties
Infringe Intellectual Property Rights
  1. You may not infringe or misappropriate the intellectual property rights
  2. You may not remove any watermark, author attributions, notices or other intellectual property information in any content
"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

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

  1. 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.
  2. 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.
  3. 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:
    1. prompt written notice of any actual or threatened claim(s) known to You;
    2. full information, assistance and cooperation for the defense or settlement thereof; and
    3. at Yay Image's option, sole control of any defense, settlement or action related thereto.
    4. 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.
    5. 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).
    6. 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.

§7 PhotoBG Mobile Phone App

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 Doublesix Ltd.

Doublesix Ltd 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.

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.

You should be aware that there are certain things that Doublesix Ltd 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 Doublesix Ltd 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.

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.

Along the same lines, Doublesix Ltd 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.

With respect to Doublesix Ltd’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. Doublesix Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

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. Doublesix Ltd 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.

§8 Other

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.

(YayImages.com) Doublesix Ltd and the client agree and commit themselves to follow the code of business conduct.

Any dispute should first be attempted solved between the parties involved, if unsuccessful, the legal venue will be Hong Kong.

I affirm that I have full legal capacity to sign this Agreement.

Terms are updated as of October 1, 2019.

§9 Changes to This Terms and Conditions

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.

§10 Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@yayimages.com.