If you have any questions about my EULA, please contact us prior to purchasing. I do not issue refunds so please ask any questions you have before making a purchase.
By licensing images from PhotoMining, you agree to and are legally bound by the terms of this agreement and refund policy.
Refund Policy: I list image sizes and give you visual samples. What you see is what you get on my site. We cannot offer refunds, unless you have licensed the same image number more than once. I can then issue a credit for the lesser or equal purchase. Please review your order prior to purchasing.
My responsibilities are complete once you have downloaded the file(s). I cannot be held responsible for issues with web browser or software incompatibility (I always recommend the newest versions of Elements, Photoshop or Illustrator), alterations, a typo in your email address during checkout (will result in a delay in getting your images), sample text, a purchase of the wrong file type or size, Paypal using your primary email address and not the one you expected, image resizing, your printer settings, transparent backgrounds, etc.
If you are having a problem with downloading, please contact me (terry at photomining.com) so I can help you.
- Images under the Commercial license are available for commercial, editorial and personal use.
- Some acceptable use examples are non-copyrighted/trademarked and non-exclusive logo graphics, apps, blogs, books (cover, interior, back cover usage are all permitted), branding, brochures, business cards, cd covers, e-books, flyers, games, letterheads, magazine articles, marketing, movie props, news articles, presentations, retail products such as t shirts, bags, hats, and other items (some restrictions apply and are listed within this License Agreement), screen savers, signs, social media/networking, team sports, tv and movie props, web sites, etc…
- My images are not free. You must purchase a license for each image that you want to use for any purpose. If you are caught using an unlicensed image you will be fined for the image license, and you will make me sad.
- Images may not be copyrighted or trademarked. (I took the photos, they are mine. You can use them though, same as buying a music download, you are not suddenly the songwriter or musician, see?)
- Copyright is not transferred with the license of an image. When you pay, you are paying to use the image, not to own the image. The artists always retain their copyrights and other customers can license the same image at any time. This means that the images are non-exclusive and that anyone may download and use the same image for competitive or other purposes. (that would be embarrasing wouldn’t it?)
- The license never expires. Once licensed, the End User may use the image forever, worldwide, for multiple purposes, without having to pay any additional fees.
- Images licensed are for the End User only. Anyone working on a project for the End User may have access to the image only for projects for the End User. Licenses are non-transferable. A license must be purchased for each image and each End User. If you have multiple clients that want to use the same image, you must purchase a license for each client. (if you get paid for every job you do, so should I)
- If you are licensing on behalf of a client, you must provide the client with a copy of the original receipt, access to the download area and a link to this License Agreement so they have proof of a license to use the image(s). Please credit their name/business name in the Company field during checkout, or reply from your receipt to tell us who the license is for. We highly recommend that you have your client license the image(s) themselves since they are the End User. (companies look for this to protect themselves. Its to protect them)
- Images may not be published on products for sale on any print-on-demand distribution sites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, teacherspayteachers.com or other sites that may not be listed. Retail items with the images on them may be sold only on your privately owned website, ebay, etsy, and teespring. (this is like if you did a cool painting and then saw it mass produced in one of the big box stores, without you seeing a penny. See?)
- Converting our raster images to vector images is prohibited. Wait… I don’t have an raster images… so nevermind this one…
- Examples of restricted uses for all images are; distributing the digital image file for free or for a fee, publishing on items on print-on-demand sites. (this one is easy, you didn’t take the photo, so you cannot pretend it’s yours on paid sites like Shutterstock, or free ones like Unsplash for example, like selling your neighbour’s car while they are out…)
- After purchasing a license, you are welcome to make changes to the image by changing colors, adding text, or adding or removing props. You are not permitted to create additional poses using the character (such as repositioning the body), nor can you make animations of the image/character. This would be a copyright issue. Please note that you cannot claim copyright on altered images since the original image was created by our artist (that’s me!) and is under copyright.
- You only need one license per image, per End User. If you are purchasing the same image multiple times for more than one End User, please be sure to put the End User’s name or company name in the “Company” or “Notes” field during checkout or to notify us as soon as possible.
- PhotoMining holds no responsibility from any legal issues that may arise from any use of the End User. The End User is responsible for any legal issues or costs resulting in their use. (ie. if you use one of my mining photos in an aricle about poor mining conditions, and you get in trouble, that’s not on me, see?)
- The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the image(s).
- The End User is responsible for the end-use and any legal and/or any financial liability that may arise from such use.
- The End User may not use any image found on this site for any illegal or fraudulent purpose. Some images may include sensitive issues such as abuse or drugs (that wicked asbestos…). These images are intended for personal use, or for prevention/discussion of the issues and can not be used to promote illegal drugs or activities.
- Distribution of the image(s) must be as an end product. The End User may not distribute the image(s) on a network, CD, website, or any other means, for free or for charge. Only the copyright holder and/or agent for the copyright holder may license or re-license these images. Again, you must purchase a license for each End User. (like if you have a layout site for business cards, brochures or layouts, you would need to purchase the license for each customer that chooses to use one of my images. You would also need a license for each image to even display them on your site.)
- You shall indemnify and defend PhotoMining and its image contributors (just me) against 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 or modification of any Image or combination of any Image with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material (this means I will throw you under the bus if you break the law and try and blame me for your misuse of my images).
- PhotoMining is not and cannot be held responsible for incorrect identification, titles, descriptions or captions of any images, such as the wrong identification of the subject of the image. It is up to the End User to make sure identifications are correct for their purposes. (for example my food is generally accurately titled, but if free-range isn’t in the title for chicken, and you say it is in your article, that is on you.)
- Images may contain copyrighted material or trademarks (I don’t think I have any editorial stuff, but this covers that). The End User is responsible for seeking legal counsel for intended use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).
Basically, don’t steal from me, don’t pretend my stuff is your stuff, and don’t be stupid about how you use my images and get in trouble. 🙂 If you are not sure, just ask. Its so much easier than going through the processes…