Hillstock Terms of Use & License Agreement

Terms of Use of this Web Site and Our Products and Services

Your access to our products and services is subject to the terms and conditions stated in this legal notice. If you do not agree to these terms, do not purchase our products and services. These terms and conditions are subject to change without notice by updating or revising this legal notice.

Hillstock Images Digital Files

Our image license grants a non-exclusive, non-transferable right to use the digital files in accordance with the terms of this agreement when an image license has been purchased and paid in full. The licensee agrees to take all reasonable steps to prevent third parties from duplicating or distributing the images.

Payment Terms

We accept credit card payments from Visa, MasterCard, American Express or PayPal. Your shipping address MUST match the billing address associated with your credit card; otherwise your payment will be denied. This is to avoid fraudulent transactions. You do NOT need to open a PayPal account to place an order with us. When you check out simply select "I do not have a PayPal account" and you will be able to complete your order without setting up a PayPal account. We may, at our discretion, accept other forms of payment. Products are shipped after payment has been received in full, NO EXCEPTIONS.

Return Policy

Although considerable time has been spent enhancing and restoring the images, like all fine antiques and vintage art, the images are not guaranteed to be "like new" and free of error or imperfections. Image sizes quoted are approximate. Due to the nature of digital media, we do not give refunds. Please make your selection carefully prior to purchase. We are available to answer any presales questions you may have.

Professional Use License

A) Businesses may allow up to five employees total to use licensed digital file(s), but they may not under any circumstance be used for third-party projects. Third-party users of the same digital file(s) must pay for an additional license.

B) Advertising and Graphic Design Firms are permitted to license digital files on behalf of a client PROVIDED that all of the terms of use of this license agreement are met and any special licenses needed are purchased. If the image is used for multiple clients you MUST purchase an additional license in advance for EACH use/client.

C) Allowed Uses of Licensed Digital Files:

• Printing and publishing projects for educational, editorial, personal and promotional use as long as print runs do not exceed 50,000.
• Creating derivative works that are subject to the same terms of use within this license agreement.
• Web sites and multimedia presentations provided that a notice is posted with "Image © Hillstock, LLC," the images are displayed at a resolution no higher than 640 x 480 pixels at 72 pixels per inch, no more than three images from any collection are used on one web site or presentation, and it is clearly stated that the image is not available for download.

Prohibited Uses

• Copying and distributing the image(s) in digital format.
• Offering of images individually or as part of a collection to be saved, bought, downloaded, shared, or used as e-cards, even if not for profit.
• Using the images to create items for sale, merchandise packaging, for-sale crafts or any other retail usage without obtaining a special use license before purchasing our products or using the images in a manner not permitted within these terms.
• Utilization of images as a trademark or service mark.
• Using images for any pornographic or unlawful purpose or use.
• Using or displaying any image in association with print-on-demand web sites such as CafePress®.
• Creating rubber stamps, "tubes," fabric blocks and other items that redistribute our images and/or create a competitive product.
• Storing images on a public server or network accessible by anyone other than the licensee.

Other Usage

If you are seeking usage not outlined in these terms please contact us for licensing and pricing options.

Image Comping

To use a comp just right click and save the watermarked preview to your hard drive. Actually using image comps in your personal, creative or professional projects without paying for a license is strictly prohibited.

Warranties/Indemnification

Hillstock, LLC warrants that it has taken commercially reasonable measures to determine that images offered on this site are not subject to the copyrights of any third party. Except for any liability which cannot by law be limited or excluded, Hillstock, LLC disclaims all other warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability or fitness for a particular purpose, and the Licensed Material is provided AS IS. You agree to indemnify and hold harmless Hillstock, LLC and its owners, officers and agents against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees and expenses, based on or resulting from your use of any information contained on this site or products or services offered through this site. HILLSTOCK, LLC's MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF THE LICENSED MATERIAL (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE AMOUNT PAID BY THE LICENSEE FOR THE LICENSED MATERIAL.

Notice of Copyright

Hillstock, LLC registers many of its collections with the United States copyright office. This establishment of public record of copyright entitles Hillstock, LLC to protection by all applicable laws and provides prima facie evidence in court of the validity of the copyright and of the facts stated in the certificates. Additionally, Hillstock, LLC shall be entitled to statutory damages and attorney's fees due in court actions in addition to an award of actual damages and profits in a case of infringement. No title or ownership rights of our collections are transferred to licensees. Hillstock retains all rights not expressly granted by this license agreement.

Third Party Links and Services

We offer links to other web sites that are not controlled by Hillstock, LLC and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against Hillstock, LLC regarding the inclusion of links and services from outside web sites or your use of those web sites.

Order Acceptance Policy

We reserve the right to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in product information, we reserve the right to refuse or cancel any orders placed for products listed incorrectly. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Product Availability

We reserve the right, without liability or prior notice, to revise, recall, discontinue, or cease to make available any or all products or to change product pricing at any time.

Governing Law / Jurisdiction

All licensees and users of this site are bound by the terms outlined above, regardless of the licensee's/user's geographic location. Any and all disputes arising out of or in connection with this license agreement shall be settled in the courts of Cumberland County, Maine. This agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Maine.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Last updated September, 2010

Legal Notice: The images on this site contain security watermarks and are for previewing and comping only. Unauthorized use which includes using the images without paying for a license, even for personal non-commercial use, is strictly prohibited.