Terms of Use

Part A – Terms Applicable To All Users

Definitions

In these Terms of Use, the following terms shall have the following meaning:

“Affiliate” means a Member who has explicitly accepted the terms and conditions listed in Part D of these Terms of Use who is acting in their capacity of someone who refers new customers to the Platform.

“Author” means a Member who has explicitly accepted the terms and conditions listed in Part C of these Terms of Use who is acting in their capacity of someone who has created and uploaded a Product to the Platform.

“Creative Store Item” means a computer file created and uploaded by an Author to the Platform using the Service or otherwise made available by us on the Website, which computer file may refer to a product mockup, a typeface, a template, a photograph, a 3D object, a video, an audio file, an addon, a UI/UX kit, or any other file that we may make available through Creative Store.

“Creative Fonts Item” means a computer file created and uploaded by an Author to the Platform using the Service or otherwise made available by us on the Website, which computer file may refer to a font character that we may make available through Creative Fonts.

“Creative Items” means, collectively, Creative Fonts Items and Creative Store Items.

“Materials” with the exception of Products and Previews, means any text, graphics, organization and layout of the Website, Platform, software, applications, interface, logos, photographs, audio and video recordings, and other interactive content available on or making up the Platform.

“Member” means a person who has registered an account on the Platform and who has explicitly accepted the terms and conditions listed in Part B of these Terms of Use, and includes Authors and Affiliates.

“Mockup” means a 3D model and/or a multi-layer computer file in the PSD or TIFF format made available through the Platform, with or without scripting, that is designed for integrating user images (such as user’s corporate identity) with the object depicted in the Mockup or any other image we may make available to you through Object Mockup Marketplace.

“Image 360” means an ordered raster sequence of PNG files (with or without transparency) or collected together in one file as the MOV sequence, from which you may extract individual images.

“Platform” means Website and any applications (including mobile applications), features and devices that we may make available with the purpose of delivering the Service and Products to you.

“PNG Image” means a static raster object in the PNG format (with or without transparency) of one graphic image in the file.

“Preview” means single-layer low-resolution preview images of a Product, and any specifications, the description, or any other information that may accompany the Product.

“Product” means any one Mockup, Creative Item, Image 360 or PNG Image, and “Products” in the plural, collectively means any and all of Mockups, Creative Items and Images 360 or PNG Images. For the purposes of these Terms of Use, unless a contrary intention is expressed or clearly implied, the term “Product” also includes the Preview that is associated with the particular Product.

“Service” means the service of making Products available to users through the Platform, together with any other service or services provided by us, from time to time.

“Website” means our website accessible through the internet at https://yellowimages.com and all of its subdomains and subdirectories, however accessed.

Unless the context requires otherwise, (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; (ii) use of the singular imports the plural and vice versa, and (iii) the word “and” and “or” mean “and/or”.

Changes To These Terms Of Use

We may amend these Terms of Use at any time by posting the amended Terms of Use on the Website at https://yellowimages.com/terms. If you are a Member, we will also notify you of such changes by email, subject to you not having opted out of receiving emails from us. Whether or not you are a Member, your continued use of the Platform signifies your acceptance of such amended Terms of Use as may be in effect from time to time. It is your responsibility to ensure that such amended Terms of Use are acceptable to you before you access the Platform or use the Service or Products. You may close your account as a Member at any time if you do not agree to the changes. Your continued use of the Platform and Service confirms your acceptance of such Terms of Use that may be in effect at the time.

Eligibility

While the Platform and Service are designed to be used by people worldwide, it is primarily directed at individuals and entities located in Canada. It is not directed at any person or entity in any jurisdiction where, by reason of nationality, residence, citizenship or otherwise, the publication or availability of the Platform, Products or Service, are banned, restricted or otherwise contrary to local laws or regulations. If this applies to you, you are expressly not authorized to access or use the Platform or Service. We do not guarantee that anything on the Platform, including Products, meets the requirements and regulations as they may exist outside Canada, or that the Service and Products will be available outside Canada. If you choose to access and use the Platform and Service from locations outside Canada, you do so at your own risk and assume all responsibility for compliance with applicable local laws.

The Website, Platform or Service are not intended for children and are not targeted to children under the age of majority in their respective jurisdictions. By using the Website, Platform or Service, you represent and warrant to us that you are either (i) over the age of majority in your jurisdiction, or (ii) where you are not over the age of majority in your jurisdiction, you possess legal parental or guardian consent. If you are under the age of majority in your jurisdiction, in order to use the Website and/or Services, you must have your legal parent or guardian register to use the Platform or Service and such legal parent or guardian represents and warrants that such users accept these Terms of Use.

In order to access the Website, Platform and Service, you must have internet connection. You are responsible for any and all costs associated with your access to the internet.

Copyrights, trademarks, and other intellectual property

Products and the Materials are protected by Canadian and international copyright, trademark, and other intellectual property laws.

We or our licensors own, control and retain any and all rights in and to Products and the Materials. No right, title or interest in and to the Website, Platform, Products or the Materials is transferred to you as a result of your accessing, downloading, printing, viewing or otherwise consuming Products and the Materials, unless expressly authorized by a License, except that your computer may temporarily store copies of such materials which are incidental to your accessing and viewing those materials. Unless we claim ownership of a particular Product, the Products are owned by their respective Authors, not by us. With respect to such designs, we simply provide a Platform for the Authors to make such Products available to you as part of the Service.

In exchange for you agreeing to be bound by these Terms of Use, we are granting you a non-exclusive, royalty-free, non-transferrable license to use Previews, Products and the Materials in the manner described in the next section and in Part B of these Terms of Use.

All third party trademarks, logos, photographs, images, audio and audio-visual content, and other intellectual property contained on the Website or Platform are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws. Each such third party expressly reserves all rights into such intellectual property.

The marks “Yellow Images”, and any and all logos (including, but not limited to those identified below), slogans or other intellectual property contained on the Website or Platform are trademarks of Yellow Images. You must not use such marks and logos without the prior written permission of Yellow Images.

Permitted use of products and materials

Unless otherwise expressly provided for in these Terms of Use, you are not authorized to use Previews, Products or the Materials.

You are not authorized to make any use of the Materials other than to access and use Previews, Products and the Service pursuant to these Terms of Use.

We make different content available to different categories of users, including but not limited to:

• Anyone, including Members, has access to Previews;
• Members may purchase and download Products, subject to the terms of License;
• Authors may use the Platform to make their own Products available to other Members.

The following rules set out the terms of your license to use Previews and Products if you are not a Member. If you are a Member, the terms and conditions set out below apply to you only insofar as they are not modified by the license set out in Part B of these Terms of Use.

You may only view and otherwise access Previews as intended through the provided functionality of the Platform or the Service. You may only view or otherwise access such Previews for informational purposes or for the purpose of making the decision whether or not to become a Member and download the corresponding Product.

Your use of Previews must satisfy all of the following conditions. You must use Previews:

• personally;
• for a non-commercial purpose; and
• in compliance with these Terms of Use.

Except for the purpose of viewing using your internet browser, you shall not download any Previews, Products or Materials unless you see a “download” or similar link displayed by us on the web page from which such Previews are accessible. You shall not either directly or through the use of any device, software, internet site, web-based service, or other means copy, stream capture, reproduce, duplicate, archive, distribute, modify, upload, publish, translate, broadcast, perform, display, license, share, sell, resell, transmit or retransmit Previews, Products or the Materials unless otherwise expressly permitted: (i) pursuant to these Terms of Use; (ii) on a page of the Platform in respect of a specific element of Products; or (iii) otherwise by us in writing.

Furthermore, you shall not create, recreate, distribute or advertise an index of any portion of Products or Previews unless authorized by us in writing.

In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on Previews, Products or the Materials, including montages, mashups and similar videos, audio tracks, merchandise, unless we have expressly permitted it to you in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

You shall not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Previews, Products or the Materials, or any digital rights management mechanism, device, or other content protection or access control measure associated with Previews, Products or the Materials, including geo-filtering mechanisms.

You expressly agree that these limitations and prohibitions apply to you even if applicable laws in your jurisdiction set forth that it is not a copyright infringement for you to make some of these prohibited uses of Previews, Products or Materials. You voluntarily assume these limitations, even if some uses listed in this section are recognized as copyright exceptions or “user rights” in your jurisdiction. You expressly agree to waive and hereby waive any such rights you may have in exchange for us allowing you to access the Platform, the Service, Previews and Products, and you hereby agree that any such unauthorized use by you will constitute a breach of these Terms of Use.

No unlawful or prohibited use

As a condition of us allowing you to access and use the Website, Platform, Service or Preview, you warrant to us that you will use the Website, Service, Previews or the Platform only for lawful and appropriate purposes. You are responsible for your conduct, and communications with others while using the Website, Service, Previews or the Platform and are solely responsible for any breaches of these Terms of Use.

It is impossible to provide an exhaustive list of exactly what constituted acceptable and prohibited uses of the Website, Service, Previews or the Platform. In general, we will not tolerate any use of the Website, Service, Previews or the Platform which damages or is likely to damage our reputation, the availability or integrity of the Website, Service, Previews or the Platform, or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

Without limitation, you agree that you will not access and use the Website, Service, Previews or the Platform in a way that:

• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access, index, frame or link to the Platform, Service, Previews or Products that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Previews or Products);
• creating or contributing to a website that looks so similar to the Website that it may confuse visitors into believing that such other website and the Website come from the same source;
• involves setting up an account or otherwise accessing the Platform, Service, Previews or Products using a false email address, impersonating others, or misrepresenting your affiliation with others;
• involves attempting to contact other Members with the intention to make a private arrangement that would otherwise be made using the Yellow Images;
• involves accessing the Platform, Service, Previews or Products or retrieving any data through any automated means, including “robots”, “crawlers”, “offline readers”, or any other means not intentionally made available or provided for through the Platform;
• introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication equipment;
• damages, disables, overburdens, impairs, or gains unauthorized access to the Platform, Service, Previews or Products, including our servers, computer network, or Member accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Platform, Service, Previews or Products;
• uses the Service to advertise or promote services that are not expressly approved in advance in writing by us;
• collects personally identifiable information in violation of our Privacy Policy;
• encourages or enables conduct that would constitute a criminal offense or give rise to civil liability;
• encourages or enables conduct that would constitute a violation of these Terms of Use;
• violates these Terms of Use or any guidelines or policies posted by us;
• uses a Product without first obtaining a License or in violation of the terms of the License that accompanied your purchase of the Product;
• interferes with any other party’s use and enjoyment of the Platform, Service, Previews or Products; or
• attempts to do any of the foregoing.

If we determine in our sole discretion that you are violating any of these Terms of Use, we may terminate your account and use technical measures to block or restrict your access or use of the Platform, Service or Products. In either case, you agree to immediately stop accessing or using (or attempting to access or use) the Platform, Service or Products, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We shall then report any misuse of our site to the relevant enforcement or other authorities we deem appropriate. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.

User reviews, comments, and other material

As part of the Service, we may make available to you the functionality that will allow you to post, publish, transmit or submit your own content, such as reviews, comments, or other materials (the “User-Generated Content”), on or through the Platform or Service. For the purposes of these Terms of Use, the term “User-Generated Content” does not include Previews or Products.

We may use third party providers to host such functionality, in which case the terms of use of such providers will also apply to you in addition to these Terms of Use. If we do use such third-party providers, make sure you read and agree with their terms of use before you post, publish, transmit or submit your User-Generated Content. We reserve the right to post additional rules with respect to terms and conditions for your posting, publishing, transmitting or submitting User-Generated Content on specific pages or areas of the Platform.

Please choose wisely what User-Generated Content you post, publish, transmit or submit. Please limit yourself to User-Generated Content that is directly relevant to Products or Service. You must not post, publish, transmit or submit User-Generated Content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, contains any harmful or malicious code, virus, worm or trojan, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to us (in our sole discretion). Your User-Generated Content must not contain links to any other websites, images or destinations that are unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourage criminal conduct, give rise to civil liability, violate any law, rule, or regulation, infringe any right of any third party including intellectual property rights, or are otherwise inappropriate, objectionable or a breach of these Terms of Use (in our sole discretion).

You must not improperly claim the identity of another person or pretend to be another person.

Be careful when you choose to post, publish, transmit or submit personally identifiable information, such as your email address, telephone number or street address. Please familiarize yourself with our Privacy Policy at https://yellowimages.com/privacy-policy before you do. As more fully explained in the Privacy Policy, we are not subject to any obligations of confidentiality regarding your User-Generated Content that you share with the public. You hereby acknowledge and agree that we have no obligations to you with respect to whatever business information, ideas, concepts or inventions you may disclose to us or to the public using the Platform or the Service, including obligations to pay you or obligations of non-use or non-disclosure, and you expressly disclaim any and all liability.

You must be, or have first obtained permission from, the rightful owner of any User-Generated Content you choose to post, publish, transmit or submit. By posting, publishing, transmitting or submitting User-Generated Content, you represent and warrant that you own the User-Generated Content or otherwise have the right to grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers of sublicensees), transferrable license provided below. You also represent and warrant that the posting, publication, transmission or submission of such User-Generated Content does not and will not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees and other payments owed to any party by reason of you posting, publishing, transmitting or submitting such User-Generated Content. We will remove all User-Generated Content, without notice, if we are properly notified that such User-Generated Content infringes on another person’s rights.

We do not claim ownership of your User-Generated Content and by posting, publishing, transmitting or submitting the User-Generated Content, you are not forfeiting to us any ownership rights in such User-Generated Content. You continue to retain all of the same ownership rights you had prior to posting, publishing, transmitting or submitting the User-Generated Content. Instead, you hereby grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers of sublicensees), transferrable license to use, display, reproduce, distribute, modify, translate, delete from, add to, prepare derivative works from, publicly perform, publish and otherwise make available User-Generated Content in any media or medium, or any form, format, including on or through the Platform and Service. You also hereby grant each user of the Website, Platform or Service a non-exclusive, royalty free, limited license to access your User-Generated Content, and to use, display, reproduce, distribute, perform and otherwise make such User-Generated Content as permitted through the functionality of the Platform or Service and under these Terms of Use.

To the extent permissible under applicable law, you also hereby waive any and all moral rights that you may have in connection with your User-Generated Content, in Canada and elsewhere.

You hereby authorize us to determine in our sole discretion whether or not to use your name as you used it when you posted such User-Generated Content in association with the use of such User-Generated Content. You hereby represent that you would not object to anonymous use of your User-Generated Content or to an indication of your name as you used it when you posted such User-Generated Content in connection therewith. This election is a complete and exhaustive exercise by you of your moral rights to be recognized as the author of the User-Generated Content and to be associated with the User-Generated Content. You also hereby represent and warrant that you shall not consider any modification or other use of the User-Generated Content to be causing damage to your dignity or reputation.

This license will be perpetual and will continue for at least as long as such license is necessary for us to use User-Generated Content in the manner described above, except that in certain cases, you may retain, through the functionality of the Platform, an option to control who can view your User-Generated Content or to remove specific instances of such User-Generated Content.

If we provide you with an option to remove some of your User-Generated Content and you exercise that option before any person or entity further shares such User-Generated Content with others, then we will cease any future use of such User-Generated Content. We do not have an obligation to make such an option available to you. We will not have the obligation to cease using your User-Generated Content if by the time you choose to remove it, it had already been reproduced or shared by others.

We reserve the right, but have no obligation, to:

• monitor User-Generated Content;
• edit, moderate or remove User-Generated Content that we determine, in our sole discretion, is inappropriate or for any other reasons;
• Record, document and back up User-Generated Content, including the dialogue in public chat rooms;
• Restrict, suspend or terminate your ability to access areas where you can post, publish, transmit or submit User-Generated Content or the Platform or Service in general.

Despite these restrictions, we cannot guarantee that all User-Generated Content will be lawful, accurate and appropriate. As such, you may find some User-Generated Content provided by users to be objectionable, unlawful, inaccurate, or inappropriate. We expressly do not endorse any User-Generated Content, and such User-Generated Content does not reflect our opinions or policies. In no event do we assume any responsibility or liability whatsoever for any User-Generated Content or for our failure or refusal to take any steps directed at removing such User-Generated Content from the Platform or Service, and you expressly agree to waive any and all legal or equitable rights or remedies you may have against us with respect to such User-Generated Content. You may notify us of such objectionable, unlawful, inaccurate or inappropriate User-Generated Content by sending us an email at [email protected]. Whether or not we moderate the User-Generated Content, it will be the person who posted the objectionable User-Generated Content who is solely and absolutely responsible for such User-Generated Content.

Spam & flood / unsolicited communications

You are not allowed to gather information about our Members, including email addresses, from the Platform through harvesting or automated means.

You are not allowed to post, publish, send, transmit or submit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Members, including in the form of User-Generated Content. You are not allowed to post, publish, send, transmit or submit bulk communications to our Members, including in the form of User-Generated Content.

If you post, publish, send, transmit or submit spam, advertising, or other unsolicited communications of any kind to our Members through the Platform or otherwise, you acknowledge that you will have caused substantial and irreparable harm to us and that the amount of such harm would be difficult to measure in monetary equivalents. As a reasonable estimation of such harm, you expressly acknowledge and agree to pay us $100 for each such unsolicited communication you send in violation of these Terms of Use. Should we, in our sole and absolute discretion, determine that you have breached the foregoing, we will notify you in writing. Failure to pay any amounts owing within the prescribed time set out in such communication, shall be deemed to be a breach of these Terms of Use and we expressly reserve any and all rights to restrict, suspend or terminate your access to the Website, Platform or Services.

If you would like to place your advertisement on the Platform, direct your inquiries to [email protected].

Our relationship with you

Nothing in these Terms is to be construed as constituting a partnership, joint venture, or employment relationship between you and us or between you and any Member.

When we are acting as an agent for an Author, we do so for the limited purposes of providing the Platform for Authors to display the Products and facilitating the License between the Author and Member. Outside of such limited agency, nothing in these Terms is to be construed as constituting an agency relationship between you and us or between you and any Member.

Except when we are acting as an agent for an Author, neither you nor we can bind each other in any way.

Disputes with other users

You are solely responsible for your interactions with other Members, whether online or offline. You expressly agree that we are not responsible or liable for the conduct of any Member or anyone who otherwise accesses the Platform or uses the Service.

We reserve the right, but assume no obligation, to monitor or become involved in disputes between you and other Members.

Collection and use of personal information

Please refer to our Privacy Policy at https://yellowimages.com/privacy-policy for information about our policies and practices regarding the collection and use of your personally identifiable information. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Platform and use of the Service or Products are governed by the Privacy Policy in effect at the time of such presence or use.

Communications

Yellow Images uses email communication as its primary method of communicating with its Members. It is your responsibility to ensure that your email address is up to date. We do not take any responsibility for the successful transmission of email communication or for its failure to reach your inbox. You should ensure that you have set up your spam filter or junk inbox to ensure that all communications from Yellow Images can be received. Yellow Images shall not be held liable for any loss or damage incurred as a result of you not receiving any email communication from Yellow Images.

Linked destinations and advertising

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. The links to third party websites are provided as a convenience and are for informational purposes only. We do not endorse, and are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such linked websites, and expressly disclaim any and all liability thereon.

These Terms of Use apply only to the Website, Platform and the Service we offer. If you access any third-party websites, you do so at your own risk. We will not warn you that you have left the Website, Platform or Service, and are now subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may not be obvious that you have left the Website, Platform or Service and reached another website or destination. Please be careful to read the terms and conditions or terms of use and privacy policies of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use to govern your use of another website or destination.

We cannot be held responsible for, and we disclaim any warranties, express or implied, in connection with the content, including the accuracy, validity, or legality of any materials or information contained on any website or destination other than the Website or Platform, or practices, including privacy policies, of any such website or destination, even if:

• you accessed the third-party website or destination using links from our Platform or Website;
• you linked to our Platform or Website from a third-party website or destination; or
• such third-party website or destination is operated by a company or an individual affiliated or otherwise connected with us.

We do not endorse, are not responsible or liable for advertisements of any third-party material posted on the Website or Platform, nor for any products or services provided by advertisers. Any dealings you have with advertisers found while using the Website or Platform are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser.

If you decide to link to any Products offered through the Platform from other sites, you must link to a page with a Preview and not directly to an image or file hosted on Yellow Images. That includes no "in-line" linking methods resulting in images hosted on Yellow Images being displayed on other sites. You must not "frame" any Yellow Images pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to demand that any link to Yellow Images, and its Website, Platform or Service, be discontinued immediately, and to revoke your ability to link to Yellow Images, and its Website, Platform or Service.

Disclaimer of warranties, limitation of liability and indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE WEBSITE, PLATFORM AND THE SERVICE, YOU AGREE THAT YOU USE THE WEBSITE, PLATFORM, THE SERVICE AND THE PRODUCTS AT YOUR OWN RISK. THE SERVICE, WEBSITE, PLATFORM, MATERIALS, AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR OR THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “YI PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, CURRENCY, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE, PLATFORM, SERVICE OR THE PRODUCTS. THE YI PARTIES DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE, PLATFORM, SERVICE, AND THE PRODUCTS WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, TIMELY UPDATED, ERROR-FREE OR RELIABLE.

WE DO NOT CHECK EACH PRODUCT FOR CONSISTENCY, ACCURACY OR MANUFACTURABILITY. THERE MAY BE SOME PRODUCTS THAT CONTAIN ERRORS THAT MAKE THEM UNSUITABLE FOR THE INTENDED PURPOSE OR AT ALL. ALL SALES ARE FINAL. YOU UNDERSTAND AND RECOGNIZE THAT WHEN PRESSING THE “DOWNLOAD” BUTTON FOR A PARTICULAR PRODUCT, YOU ARE ACCEPTING THE FILE “AS IS”, WITH ALL RISKS ASSOCIATED WITH IT. WE ASSUME ABSOLUTELY NO RESPONSIBILITY FOR OMISSIONS, ERRORS, INCLUDING WILLFUL DEFECTS, ERRORS AND DEFICIENCIES, EVEN IF THEY MAKE THE PRODUCTS YOU DOWNLOAD UNSUITABLE, HARMFUL, DEFECTIVE OR UNUSABLE.

TO THE MAXIMUM EXTENT NOT EXPRESSLY PROHIBITED BY THE LAWS THAT MAY APPLY TO YOU IN EACH SPECIFIC SITUATION, IN NO EVENT SHALL THE YI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR RELIANCE ON THE WEBSITE, PLATFORM, THE SERVICE, PRODUCTS, OR ANY OTHER INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE WEBSITE OR PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE YI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (I) $10.00, AND (II) THE AMOUNT PAID BY YOU TO US, IF ANY, FOR OR IN CONNECTION WITH YOUR ACCESS TO OR YOUR USE OF THE WEBSITE, PLATFORM, THE SERVICE OR THE PRODUCTS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE YI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE LAWYER FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, PLATFORM, SERVICE, OR PRODUCTS, INCLUDING RESULTING FROM THE USER-GENERATED CONTENT POSTED, PUBLISHED, TRANSMITTED OR SUBMITTED BY YOU. WE RESERVE THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Without attracting any liability whatsoever, we may, at any time, for any reason and without notice,

• make changes to the Website or Platform, including its look, feel and format;
• make changes to our API that makes the Service or Products accessible through other websites and platforms (if any);
• make changes to the Service, or any other products and/or services we provide through the Platform; and
• discontinue the provision of the Service or the platform.

Liability And Indemnity Between Authors And Members

Each Author grants to each Member who obtains a License to use the Author’s Product, a limited indemnity as follows:

• If, despite a Member’s compliance with the terms of the License accompanying the Member’s purchase of the Product, a third party makes a claim against the Member alleging that the Member’s use of the Product infringes the intellectual property or other rights of that third party; and
• if that Member promptly notifies us or the Author of the claim and gives the Author the option to control the defense of the claim (at the Author’s cost); then the Author will indemnify the Member against damages finally awarded by a court against the Member or any settlement damages agreed to by the Author regarding that claim.

Our involvement, if we choose to get involved, will be limited to acting as the Author’s agent on behalf of the Author.

The liability of each Author to Members is otherwise limited, for each Product purchased, to the Author’s compensation from the payment for that Product, except to the extent that the Author’s liability arises from wilful misrepresentations made about the item.

Notice And Take-Down Policy

We are serious about intellectual property rights of others. If you believe that any Product is used without your permission in violation of your intellectual property rights, please let us know immediately by sending us an email at [email protected]. In your email please:

• identify the allegedly infringing Product with sufficient precision that would allow us to locate and, in appropriate circumstances, remove the allegedly infringing Product;
• provide identification of your intellectual property allegedly infringed;
• provide a statement that you have a good faith belief that your (or your principal’s) rights are infringed by such use;
• provide information confirming your identity as the intellectual property owner or such owner’s authorized representative;
• provide your contact information, including address, telephone number and email address; and
• provide a statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the intellectual property owner.

We will use our reasonable efforts to investigate each such complaint and inform you of the decision that we made. If we determine, in our sole and absolute discretion, that a Product indeed infringes upon your intellectual property, we will promptly cause the Product in question to be removed from the Platform.

Likewise, if you believe that any Product is inappropriate or unlawful, please notify us, indicating the reasons why you believe that the Product is inappropriate or unlawful, and, if we agree, we will promptly cause the Product in question to be removed from the Platform.

If we choose not to remove the allegedly infringing or inappropriate Product from the Platform, you agree to only pursue demands and claims against the Member from whom such Product originated and not to direct any claims against us.

No waiver / reliance

You may not rely upon our actions against other parties violating these Terms of Use as any indication of what we might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail or refuse to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Our decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if we act in a way that appears to you to be inconsistent with these Terms of Use, our action shall not be deemed a waiver or constructive amendment of these Terms of Use.

Severability

If any term, clause or provision of these Terms of Use is held invalid, unenforceable or unconscionable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Terms of Use—and only in respect of the jurisdiction where such invalidity, unenforceability, or unconscionability was found.

Governing law

These Terms of Use, including any agreements incorporated by way of reference, shall be governed by and construed exclusively in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to its choice of law rules.

You may have non-excludable warranties, guarantees or additional rights under consumer laws in your jurisdiction (“Non-Excludable Consumer Guarantees”). If such Non-Excludable Consumer Guarantees apply to you, these Terms of Use do not exclude, restrict, or modify such Non-Excludable Consumer Guarantees you may have. Except for Non-Excludable Consumer Guarantees, we and Authors are bound only by the express promises made in these Terms of Use and Licenses. Our and each Author’s liability for breach of a Non-Excludable Consumer Guarantee is limited, at our or the Author’s option, to replacing or paying the cost of replacing the relevant item or service (unless the Non-Excludable Consumer Guarantees states otherwise).

Arbitration

We are committed to providing a world-class Service and customer service, and sincerely hope that we will be able to resolve most issues that you may have with us without any intermediaries. If you have an issue with us, please send us an email at [email protected].

Before you initiate, join or participate in any formal proceedings against us, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at 501 – 1367 West Broadway, Vancouver, BC V6H 4A7, Canada – Attn: Legal Department, with an electronic copy to [email protected]. Once we have received your complaint, we will take steps to investigate that complaint and respond in a timely fashion.

In the unlikely event that we cannot find a satisfactory solution, to the maximum extent not expressly prohibited by the laws that may apply to you in your jurisdiction, you hereby agree that any and all claims that you might have against us regarding these Terms of Use, the Service, Products, or the Platform must be resolved exclusively through final and binding arbitration pursuant to the Commercial Arbitration Act (British Columbia) (as amended form time to time) by a single arbitrator. The arbitration shall be administered by the British Columbia International Commercial Arbitration Centre and the parties acknowledge and agree to use its Domestic Commercial Arbitration Shorter Rules of Procedure. In the absence of any written agreement otherwise, the place of arbitration shall be Vancouver, British Columbia. All administrative fees and expenses of the arbitration shall be divided equally between the parties to the arbitration, and each party shall be solely responsible for the expense of their respective legal and professional advisors, unless the arbitrator determines that a claim was frivolous in which case, the party that is found to have submitted the frivolous claim shall be liable for any and all expenses incurred by the other parties. To the maximum extent permitted by applicable law, you acknowledge and agree that there is no right or authority for any claim to be arbitrated on a class-action basis or to utilize class action procedures or for any claim to be brought in a purposed representative capacity. Under no circumstances may the arbitrator consolidate one or more person’s claims or otherwise preside over any form of a representative or class proceedings. Such a right is expressly waived by you as is the right to request a jury decide on the merits of any claims. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary and confidential business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein. If, and only if, your election to use arbitration to resolve any and all disputes with us, as agreed above, is held to be unenforceable in each specific situation, whether by operation of law or otherwise, you agree to submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia to finally adjudicate and determine any suit, action or proceeding arising out of or in connection with the validity, construction, subject-matter, or performance of these Terms of Use or Licenses, in accordance with the laws of Province of British Columbia and federal laws of Canada applicable therein, without regard to the conflict of law rules.

Enforcement of these terms of use and licenses

We are authorized by Authors to enforce their intellectual property rights in the event of unauthorized use of their Products. You hereby agree to recognize us as the proper representative of Authors for the purpose of any settlement discussions and enforcement proceedings in connection with your use of the Authors’ Products.

Should we determine that you have violated these Terms or the terms of any License you may have acquired, we may, in our sole discretion, do one or more of the following:

• issue a warning;
• engage in informal discussion with you;
• submit the dispute to be decided through arbitration as detailed, mutatis mutandis, in the section above, and you hereby agree and submit to such binding arbitration;
• submit the dispute to be decided by the courts located in Vancouver, British Columbia, and you hereby agree to submit to the exclusive jurisdiction of such courts to finally adjudicate and determine any suit, action or proceeding arising out of or in connection with the validity, construction, subject-matter, or performance of these Terms of Use or Licenses, in accordance with the laws of British Columbia.
• submit the dispute to be decided by the courts in a jurisdiction where you have assets or where the infringement had occurred, and you hereby agree to submit to the exclusive jurisdiction of such courts to finally adjudicate and determine any suit, action or proceeding arising out of or in connection with the validity, construction, subject-matter, or performance of these Terms of Use or Licenses, in accordance with the laws of British Columbia.

Part B – Additional Terms Applicable To Members

These terms are in addition to those terms outlined in Part A and apply if you are a Member.

To be able to download Products, you must open and register an account with us and become a Member.

If you open an account with us and become a Member, in addition to all terms and conditions set out in Part A of these Terms of Use, you agree to also be subject to the terms and conditions stated in this Part B of the Terms of Use.

If you are under the age of majority in your respective jurisdiction, you may not register an account. If you are under the age of majority in your respective jurisdiction, and wish to register an account, you must have your legal parent or guardian register the account and become a Member. If this is the case, your parent or guardian, when registering an account, represents and warrants, that they agree to be bound by these Terms of Use. If we receive actual knowledge that any Member is under the age of majority, barring exceptional circumstances, we will as soon as practical delete such account and discontinue that Member’s access to the Platform and Service.

Your account

In order to download Products, you are required to open an account with us and become a Member.

You are solely responsible for all use of your account, including use of your account by other members of your household (including minors) or by other members of your business organization. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms of Use, and you agree to be responsible for their activity as if it were your own. We shall not be responsible for any loss or damage arising out of the authorized or unauthorized use of your account. If you become aware of unauthorized use of your account or any breach of security, it is your obligation to notify us immediately.

To create an account and become a Member, you will need to use your real first name, last name and email address.

Every Member must choose a Display Name, Username, and Avatar, which Display Name, Username and Avatar:

• must not have been previously chosen by another Member;
• must not so closely resemble the name, login, logo, or Avatar of another person or entity, so as to create confusion with that person or entity;
• must not be confusing with a registered trademark owned by a third party;
• must not be offensive, immoral, obscene; or
• must not be a name that we, in our sole discretion, deem otherwise inappropriate.

We reserve the right to demand that you change your Display Name, Username, Avatar, or any other public user data (“User Data”) at any time. Your User Data with us does not grant you a proprietary right of any kind in that data. If you choose to use your trademark or your business’ trademark as User Data, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to display such trademark in a manner that we display all other User Data of the Members. Similarly, if you choose to use your personal name as your User Data, you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to display your personal name in a manner that we display all other User Data of the Members.

You expressly hereby grant us permission during the term and after the termination of you being a Member to mention you and your business as one of our clients, or former clients, and as such you grant us permission to display your and your business’s name, brand name, or logo. Additionally, you grant us and the Authors permission and a worldwide, non-exclusive, royalty-free, perpetual, transferable license to reproduce and display derivative works you created using the Products as part of a portfolio we may make available on the Website or Platform.

All registration information you submit must be accurate and updated. If any of your account information changes, including your contact information, you have an obligation to promptly update us on it by submitting the revised information on your account page.

You should keep your password confidential. As you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by sending us an email at [email protected] as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes in case we need to contact you.

You may not transfer or share your membership with third parties outside of your household or your corporate entity.

You may terminate your account by sending your termination request to [email protected]. If you terminate your account, you will no longer be able to access Platform or Products.

We reserve the right to immediately terminate, suspend or restrict your account or your use of the Service or access to Platform or Products at any time, without notice or liability, if we determine, in our sole and absolute discretion, that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other reason. We also reserve the right to terminate, suspend or restrict your account or your use of the Service if such use places an undue burden on our networks or servers. Alternatively, we may use technology to limit such load by restricting your access to the Platform and the Service, and you agree to respect such limitations and not take any steps to circumvent, avoid, or bypass them.

Purchasing products

Access to Products is only granted to Members.

With the exception of Products that we may offer to you free of charge, your access to Products requires payment, which you can make by using any method that is available on the Website at the time of purchase, including but not limited to using our internal currency, Store Credits (“Credits”). We reserve the right to change the method of payment on our Website or Platform at any time without any notice.

Regardless of which payment method you choose to use, you are responsible for your dealings with your bank.

If you are receiving the Service as a Canadian resident, you will be responsible for paying all applicable value added taxes on top of the amount that will be credited to your account, depending on whether the Canadian province in which you reside assesses HST, GST, or any other value added taxes applicable on one or more occasions to your purchase of Products or Credits. If you are a resident in any jurisdiction outside of Canada, you are required to pay, and will remain liable, for all transactional taxes, including but not limited to, sales tax, value-added tax and any other applicable taxes which may be levied as a result of your use of the Services and purchase of Products under the laws of your country of residence. Your responsibility includes withholding taxes if it applies, unless we already process that withholding tax. Additionally, you shall be responsible for all charges related to currency conversion if you are paying in a currency other than U.S. Dollars.

You can purchase access to a specific Product using the Platform or the Service. When you choose the option to pay, your account will be charged by the amount indicated as the price of such Product, after which, through the functionality of the Platform or Service, and subject to your acceptance of the License, you will be immediately granted access to such Product.

Handling Fees

We reserve the right to charge a handling fee when you purchase our Products. If you want to avoid the handling fee, you should pay with Credits.

Payments Using Credits

We do not charge a handling fee when you purchase Credits or when you pay with Credits for Products.

You must have a positive balance of Credits in your account to pay for Products with Credits.

When you first register as a Member, you have a zero Credits balance in your account. You may use a credit card to purchase Credits. Each Credit costs one (1) U.S. Dollar. The minimum amount of Credits that you may purchase is 50.00 Credits.

You can always see the Credit balance in your account by logging in to your account on the Platform. The Credit balance in your account represents the number of Credits that you can choose to use to purchase access to a Product through the Platform. You can do so only when you have a positive balance with the number of Credits sufficient to purchase access to the specific Product.

Credits can only be used to pay for Products and cannot be converted back to cash at any time.

Credits expire if not used within 12 months from the date of their purchase, and will be forfeited on the 12 month anniversary of such purchase. If you purchase more Credits at any time during that 12 month period before your Credits expire, the total Credit balance (that is, both the new deposit and the balance of any unused older credits) will become available for a further 12 months from the date of the new purchase. If you don’t use your Credits within that further 12 months, the Credits will be forfeited on the 12 month anniversary of the new purchase. We generally try to tell you beforehand when your Credits are going to expire and be forfeited, but this is not always possible and we don’t promise to warn you.

Yellow tickets

If you are planning to purchase several Creative Items, Mockups, Images 360 or PNG Images you may wish to purchase a Yellow Ticket membership, which provides you with the ability to purchase Products in the future with various discounts (“Yellow Ticket Membership”). We reserve the right to change the discounts at any time.

Yellow Images offers a variety of Yellow Ticket Membership and each type varies according to the frequency of renewals, duration and number of users under one account. Only registered Members may purchase a Yellow Ticket Membership. If you have not purchased a Yellow Ticket Membership, you will not be entitled to any membership discounts on the purchase of Products. Should you require more information about Yellow Tickets Membership, please visit the page: https://yellowimages.com/yellow-ticket or contact us at [email protected].

As a holder of a Yellow Ticket Membership, and depending on the type of Yellow Ticket Membership purchased, you are entitled to a discount on as many Products as you may choose to purchase throughout the duration of the Yellow Ticket Membership. Notwithstanding your purchase of a Yellow Ticket Membership, we reserve the right to introduce, discontinue, or modify certain types of Yellow Tickets Memberships in our sole discretion.

Yellow Ticket Membership discounts cannot be combined with any other discounts we may offer. A single Yellow Ticket Membership cannot be used with multiple accounts (unless they are users of the same multi-user account). Multiple Yellow Tickets Memberships cannot be activated with one account at the same time.

Wishlist Request

As a holder of a Yellow Ticket Membership, you may be entitled to place a request for a free custom job (“Wishlist Request”). However, being entitled to place a Wishlist Request does not guarantee that your Wishlist Request will be fulfilled within a certain timeframe or at all, and we hereby disclaim any liability should your expectations not be met. If your Wishlist Request is fulfilled you may purchase the newly created Product as usual. You do not have any exclusive claim to such newly created Product, and any other Member may purchase it as well. When you upload any images or other content as part of your Wishlist Request for us to create a custom Product, you represent and warrant that you are the rightful owner of intellectual property in respect of such images or content or that you are duly authorized by such rightful owner. When you place your Wishlist Request, you will be deemed to have granted to us a license to alter the images and content you upload, to create derivative works thereof, and to upload and distribute the resulting custom Product through the Platform. The copyright and other intellectual property in the resulting Wishlist Request Product will be owned by the Author or such other person who will have created the Wishlist Request Product, even though the Wishlist Request Product is a derivative work based on the images and content you may have provided. You agree to defend, indemnify, and hold harmless the YI Parties from and against any and all liabilities, claims, damages, expenses (including reasonable lawyer fees and costs), and other losses arising out of or in any way related to ownership of the images and content you upload as part of your Wishlist Request or the Wishlist Request Products based on such images or content.

Yellow Ticket Membership cannot be cancelled, refunded, or converted back to cash.

Custom Service Project

Yellow Images provide Members the ability to submit a request to create a custom job (including but not limited to Mockups, Images 360 or PNG Images) (“Custom Service Project”). Depending on the type of membership, the Custom Service Project may be eligible for an additional discount. We reserve the right to change the amount of discount at any time.

Members should provide details as to what custom job it is requesting, the intended use and any other pertinent information that is being requested by Yellow Images. Once we receive the brief, we will process the request and we may ask you additional questions. If we do not have any additional questions, we will let you know the price and the timeframe of when the Custom Service Project should be completed by.

The price for the Custom Service Project will depend on its complexity. Some pre-set prices may be displayed on Yellow Images website and some prices will be provided to you after accepting the brief as quotes.

Member will thereafter have the option to either accept or reject the quote, at its sole and absolute discretion. In the event the Member proceeds with the quote, the Member will be required to deposit to Yellow Images, the full amount (including any applicable taxes) of the amount due, which shall be held by Yellow Images, on behalf of the parties until such time as custom job is completed. No work will commence until such time as the full amount has been paid to Yellow Images by the Member. For the avoidance of doubt, the contractual arrangement will be between the Author or Authors and the Member and shall not include Yellow Images. Once the custom job is complete, Yellow Images shall release the funds held to the Author or Authors in full and final satisfaction of the custom job creation. The Author or Authors shall be granted a non-exclusive, royalty-free license by the Member to allow the Author or Authors to display the custom job (with full attribution) on the Author or Author’s portfolio on the Platform, except in situation where the Member has paid expressly for exclusivity.

For avoidance of any doubt, Yellow Images shall charge an administration fee on any amount paid by the Member to the Author or Authors, in such amounts as agreed between Yellow Images and the Author or Authors.

Refunds

Please be aware that all sales are final. Due to the nature of the Products, you will not be entitled to a refund for any reason whatsoever, except where the Product you purchased is materially different from the Preview. As such, please do your due diligence before you make a purchase. Please consider the suitability of your chosen License and evaluate the Previews. If you need any additional information about a Product that is available for purchase, please contact the Member who uploaded the Product.

Notwithstanding the foregoing, if you feel your situation warrants a refund, please send us an email at [email protected]. Do not lodge a dispute with a payment agent (such as your credit card issuer). If you lodge a dispute with a payment agent, we will temporarily suspend your account with us until such dispute initiated through the payment agent is resolved.

We do not offer a price guarantee or a price change guarantee and we reserve the right to change the price on any of the Products we offer through the Platform or Service at any time without notice. You are not entitled to a refund if you purchased a Product and we subsequently lower the price for the Product or if we decide to make the Product available free of charge.

Any unspent Credits cannot be converted to cash even if you decide to cancel your account with us or if we terminate your account pursuant to these Terms of Use.

Members’ License To Use Products

To the extent the terms and conditions below are inconsistent with the terms and conditions of the license to use Previews, Products and Materials as set out in Part A of these Terms of Use, the terms and conditions set out below will have precedence.

You are not authorized to download or otherwise use Products unless:

• you are a Member; and
• you have purchased a License to use such Products as defined below.

When you pay to download a Product, you do not become the owner of the Product or the intellectual property associated with the Product. You are purchasing a right to use the Product limited by the terms of the license that accompanies your purchase (the “License”). You will be provided an opportunity to review and accept the License prior to completion of your purchase.

Except in exceptional cases, we do not own intellectual property on the Products either. All intellectual property is owned by the Authors who create the Products. We only act as the agent for the Authors in their dealings with you. For greater clarity, in most cases, the License is between you and the Author of the Product that you purchase. All guarantees of ownership and authority that we provide to you during the transaction are provided to you on behalf of the respective Authors. For those Products in respect of which we do own intellectual property, we will act as the licensor.

To the extent License terms for Mockups and Creative Items are different from License Terms for Images 360 and PNG Images, such terms are explained separately below.

Some Products may contain images of people or brands and may be offered for editorial use only. Products marked with “Editorial Use Only” tag will be subject to special terms set out in the Editorial Use section below, and as outlined in the respective License.

The remaining provisions of this Section cover all types of Products.

Some Products may be used in contests and promotions run by Yellow Images, its authorized third parties and other Members. In such cases, the use of such Products for contests and promotions shall be subject to the written consent of Yellow Images and such party may not use the Products for any other purpose than the specified contest or promotion for which the Product is to be used. In the event such Products are used for contests and promotions run by Yellow Images, its authorized third parties and other Members, you hereby grant Yellow Images grant a non-exclusive, royalty-free, perpetual and worldwide licence to use such Products in the manner contemplated herein.

You may use the derivative works you create from the Products as illustrations on websites, marketing materials, contests, advertising campaigns, videos designed to promote you or the business, causes, products, or services of your own or of anyone else. But your derivative works may not constitute the only or main value of the product being sold. In other words, you may not offer your derivative works for sale.

You may not use Products as part of your derivative works when such use is made in pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

You may use the Products, including as part of your derivative works, without mentioning the name of the Author who created the Product, subject to compliance with the applicable License.

The actual terms of the License will accompany each of your purchases, which will be available to you to read and accept prior to the completion of your purchase. In case of a discrepancy between the terms of the License accompanying your purchase and those set forth herein, the terms of the License accompanying your purchase will prevail. Except for the rights listed in the License, no rights are granted to you in respect of the Products you download. You are not authorized to use the Products, except as provided for in these Terms of Use and the License that accompanies your purchase. You agree and warrant that you will not use the Products, except as provided for in these Terms of Use and your License. You agree that any breach of any of the terms of the License will also constitute a breach of these Terms of Use.

You shall not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on Products or any digital rights management mechanism, device, or other content protection or access control measure associated with Products, including geo-filtering mechanisms.

You agree that these limitations and prohibitions apply to you even if applicable laws in your jurisdiction set forth that it is not a copyright infringement for you to make some of these prohibited uses of Products. You voluntarily assume these limitations, even if some uses listed in this section are recognized as copyright exceptions or “user rights” in your jurisdiction. You agree to waive and hereby waive any such rights you may have in exchange for us allowing you to access the Platform, the Service and Products, and you hereby agree that any such unauthorized use by you will constitute a breach of these Terms of Use.

License Terms For Mockups And Creative Items

For Mockups and Creative Items, we offer two types of Licenses you can choose from, Standard and Enhanced. Compare them at https://yellowimages.com/licenses. In the event of an inconsistency between the terms of the License and below, the terms of the License shall have precedence.

Both types of Licenses are non-exclusive, royalty-free, perpetual and worldwide.

Both types of Licenses allow you to create derivative works based on the Mockups and Creative Items, and to use such derivative works in your or, if you are a branding, marketing, or a design agency, your clients’ personal or commercial projects, subject to the limits imposed in the License. However, you may not use, sublicense, resell, share, transfer, or otherwise redistribute (including free of charge) the Mockups and Creative Items you download through the Platform where use or distribution of such items would adversely affect or compete with our ability to offer underlying Mockups and Creative Items through the Platform.

The Standard and Enhanced Licenses differ in terms of authorized number of usages, project budget, number of copies / impressions, number of staff, level of customer support and other features.

License Terms For Images 360 and PNG Images

When you purchase an Image 360 or PNG Image, it will come with our royalty-free license, which means your purchase will cover as many uses of the Image 360 as you need, subject to the terms of the License.

With our royalty-free license to use an Image 360 or PNG Image, you are getting a worldwide, perpetual, non-exclusive, non-transferable right to use, modify, and reproduce the Image 360 or PNG Image as follows:

• as digital reproductions, including on websites, in online advertising, in social media, in mobile apps, e-publications, and in online media (including on video-sharing services such as YouTube, Vimeo, etc.);
• in physical printed form as part of end-products, point of sale advertising, out-of-home advertising campaign, or in the tangible media, including newspapers, magazines and books;
• incorporated into film, video, television series, advertisement or other multimedia productions; and
• otherwise for your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).

The permission above includes your right to use individual images from Images 360 or PNG Images, as they are or when combined with other text or graphics. However, you may not use, sublicense, resell, share, transfer, or otherwise redistribute (including free of charge) the Image 360 or PNG Image or any individual images therefrom where use or distribution of such items would adversely affect or compete with our ability to offer underlying Images 360 or PNG Images through the Platform.

Editorial Use

Products marked “Editorial Use Only” are offered under the license you choose during your purchase (Standard or Enhanced License), subject to further limitations set forth in this section. These Products 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. Unless you secure an extended authorization directly from the person who controls the use of such protected elements, you may only use Products marked “Editorial Use Only” in a descriptive manner to make a point or to illustrate a story, provided that you must not use Products marked “Editorial Use Only”:

• in design of physical products, their packaging, or any printed or online materials that accompany such products;
• in design of printed or online materials that accompany the rendition of any services;
• to advertise or promote a product or service;
• in a cover or an illustration for a book;
• to make disparaging statements or comments regarding the people, objects, or brands depicted in such Products;
• in any way that suggests that the person who controls the use of depicted protected elements has licensed, authorized, endorsed, or approved products, services, causes, statements, activity, or business for which you use Products marked “Editorial Use Only.”

Free trial licenses

As an exception we may, from time to time, and for promotional or other commercial reasons, offer you our Free Trial License terms.

With a Free Trial License, you have the opportunity to test certain Products that we may offer to you as our demo items (“Demo Items”) free of charge for personal use only. This is intended for you to gain familiarity with the Platform and Services offered by Yellow Images. For the purposes of these Terms of Use, “personal use” means any non-commercial use of the Demo Items for display on your personal computer, or making image prints for personal use only. You are expressly prohibited from doing the following:

• You may not charge money, collect fees, or receive any form of remuneration in connection with your use of the Demo Items.
• You may not use Demo Items to advertise any products or services.
• You may not upload Demo Items online or use them as part of a website.
• You may not resell, re-license or sublicense Demo Items.

To be able to see parts C and D you should Sign into Your Account.