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Terms of Use and Privacy

Terms of use - YAY Images Customer Agreement

§1 Agreement

This Agreement is between YAY Media AS (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.

YAY Media AS 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 YAY Media AS. All rights not specifically granted under this Agreement are reserved to YAY Media AS. YAY Media AS 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 YAY Media AS 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.

YAY Media AS 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, YAY Media AS 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. YAY Media AS 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 YAY Media AS 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 streaming ex. 1,000,000 views/month, please contact us at support@yayimages.com

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.

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 continue to host your images, but you will not be able to add or update any content. If you delete your account your streaming images will be removed, so YAY recommend disabling and not deleting accounts.

§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 to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, in software, apps, covers, packaging, websites, blogs or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the content appears does not contradict any of the restrictions below. The list is not exhaustive.

EXTENDED LICENSE (RF only):

Redistribution requires an extended license. Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the content in an essential manner, intended to be sold, are considered redistribution. 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 YAY Media AS 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.

§6 Indemnification

You agree to indemnify, defend, and hold YAY Media AS 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

§7 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.

YAY Media AS 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 Oslo City Court.

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

Privacy Policy

We respect your business and your privacy. Keeping this information safe is important to us. We will never sell or share information to any third parties for commercial purposes.

Financial information (credit card number, expiration date) is used for billing purposes only. We do not store any credit card numbers on our servers. Financial security is provided by VISA, MasterCard, Chargify LLC and Braintree Payment Solutions LLC.

We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server.

We use technology to collect data regarding your visits to the site. This data is stored in aggregate form and is not used to identify any particular user or individual, by other means than to provide you with better access to our site, products or services.

We may occasionally send you e-mails about new services, products and news relevant to you.

We may link to websites, including those of our subsidiaries and third-party content providers, which have different privacy policies and practices from those disclosed here.

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