Terms and Conditions of Use
Effective as from June 11, 2017
Acceptance of terms
If you don’t accept the terms, don’t use the Site.
Yellow Images is a creative marketplace that allows customers to buy and sell licenses to use digital items like mockups, templates, images and some other design assets. On Yellow Images site, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen.
We may, without prior notice, change the Yellow Images site; stop providing the Site or features of the Site, to you or to users generally; or create usage limits for the Site.
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting payments, the authors’ providing warranties to buyers in section "Promises authors make", to limit authors’ liability to buyers in section "Liability and indemnity – between authors and members", and the disclaimer of authors’ liability to buyers in section "Consumer laws".
You need to be 13 years or over to browse the Yellow Images site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Yellow Images site.
The items on Yellow Images are owned by the authors, not by us. We provide a platform and don't take ownership of the items.
When you create an account and accept these terms you become a member of our community. You will have a Yellow Images account that will allow you to buy and sell items like the ones found on the Yellow Images site and make other related transactions.
You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Membership is free. When you become a member you get a Yellow Images account. Your membership will allow you to buy items from authors and generally contribute to our Yellow Images site. Membership also gives you the opportunity to become an author.
You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Site that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. Yellow Images will not be liable for any losses caused by any unauthorized use of your account.
We strongly recommend that you don’t make your contact details public on the Yellow Images or in any public communications via the Site. Contact details include your email address, street address, Skype name and phone number. If you do, it must not be for any reason prohibited under section "Prohibited Conduct" – and you do so at your risk.
By providing Yellow Images your email address you consent to our using the email address to send you Site-related notices, including any notices required by law and other messages, such as changes to features of the Service and special offers.
Instead of using Yellow Images Credits, you can choose to pay via Credit Card or PayPal and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.
You are responsible for all costs of currency conversion relating to your Yellow Images Account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from Yellow Images, which we have no control over.
Terms of buying
When you buy a Yellow Images item you’re doing so on the following terms:
- you promise to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on Yellow Images so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the author retains ownership of the item;
- your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing;
- we have the right to enforce against you the terms of the license that you have acquired from an author;
- transaction limits may apply to Yellow Images Credits (such as total or daily limits).
Promises authors make
The author of an item you buy promises you that:
- the item is of acceptable quality and fit for the purpose for which it is sold;
- the item matches the description given by the author on the item preview page, as well as any item preview;
- they will honour any express promises given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
Yellow Images is a Limited Partnership (registered in Scotland) with no VAT registration, so VAT was not applied to your purchases.
Items with an incorrect price or incorrect information. Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be refunded and you must not use the item unless you re-purchase it at the correct price.
Given the nature of digital content, we do not offer a refund on a purchase unless one of the promises given by the author in section "Promises authors make" has been breached, or as required under relevant consumer protection laws. If you would like to request a refund you should contact us.
We will assess refund requests on their merits, considering the digital nature of Yellow Images items and the type of item preview that was available before purchase.
There is generally no obligation to provide a refund in situations like the following:
- you have changed your mind about the item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill;
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. It means that you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.
In the event Yellow Images makes an exception and issues a refund, you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to. You also understand and agree that once a refund is requested you are not permitted to exploit the product files in question and immediately upon receipt of a refund all licenses to such product files and underlying content are revoked and you are not authorized to use the product in any form or for any purpose whatsoever.
If, as a buyer, you believe that we must make a refund, we advise you to contact us directly, instead of lodging a dispute with a payment agent. So we’ll try to resolve any concerns. If you lodge a dispute with a payment agent, this will result in a freezing of your Yellow Images account until the dispute raised with the payment agent will be closed.
We are not a bank or licensed deposit taker, and that means you don’t get the benefit of any deposit insurance or guarantee under any relevant law about banks. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Yellow Images Credit
You can buy Yellow Images Credits via your Yellow Images Account.
When you make a deposit into your user account it’s converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Yellow Images Credits. One (1) Yellow Images Credit is equal to one (1) US Dollar.
Yellow Images Credits can only be used to pay for Yellow Images Marketplace transactions.
We do not generally refund any monies deposited to your Yellow Images Account to buy Yellow Images Credits.
Yellow Images Credits expire if not used within 12 months from the date of deposit, and will be forfeited on the 12 month anniversary of the deposit date. If you make a deposit to your user account at any time during that 12 month period before your Yellow Images 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 deposit. If you don’t use your Yellow Images Credits within that further 12 months, the credits will be forfeited on the 12 month anniversary of the new deposit. We generally try to tell you beforehand when your credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you.
If you have different rights under an applicable consumer law, we don’t exclude them.
Please read these terms carefully before buying Yellow Ticket. You agree to and are bound by the terms set forth below. If you do not agree to all the terms of Yellow Ticket use, do not buy the Yellow Ticket.
Yellow Ticket is a privilege membership program and valid at yellowimages.com only.
Yellow Ticket comes as a discount program letting you buy items on our marketplace with maximum possible discount of 90%.
The 90% discount applies to the entire content of the exclusive Object Mockups and some of the products from Creative Store (depends on the author’s choice) including new products which will be added to the Yellow Images marketplace during the currency of Yellow Ticket.
You keep the access to all your purchased products and their future updates via your account any time, even after the expiration of Yellow Ticket.
Your 90% discount cannot be accumulated with any other discounts.
After purchasing Yellow Ticket it cannot be cancelled before it’s expiration and the purchase can’t be refunded.
Single Yellow Ticket can be used only with one account. It can’t be used with multiple accounts.
There can’t be multiple tickets activated on one account at the same time. Each purchased ticket will only continue the duration of the privileges membership.
Even if you haven’t used the discount or/and any other features of privileges membership before the Yellow Ticket expiration date we won’t proceed with a refund.
There could be 2 types of Yellow Ticket: Standard and Extended. Standard Yellow Ticket gives 90% off only for Standard Licensed items (90% discount doesn’t apply for Enhanced Licenses). Extended Yellow Ticket allows to purchase both Enhanced Licensed and Standard Licensed products.
We offer you 3 Yellow Ticket plans: One Month Membership, Monthly Subscription, and One Year Membership.
The payment for One Month Membership or One Year Membership is made at one time. Payments can be made via PayPal, Credit Card or Yellow Images Credits.
To join our Monthly Subscription you have to add your credit card to your account, so the first payment goes via your credit card. All the future payments can be done automatically via Yellow Images Credits if you flag that this is the type of payment you would like to use and if you have enough credits on your account for such a purchase. If there won’t be enough credits on your account (in case you choose credits as the type of payment for your subscription), the recurring payment will be done via your credit card.
Monthly Subscription autorenews itself every month (automatically 3 days before its expiration date!), unless you uncheck the automatic renewal box in your Yellow Images Account allowing your subscription to expire.
If you can’t find a required mockup on our marketplace, Yellow Ticket has an additional option which allows you to request a specific mockup to be created by our designer team for you. Please have a look at Cannot Find What You Need? and send us a Job Brief.
The service of creating custom mockups is available only for Yellow Ticket holders.
We don't set any deadlines and ETA, and do not guarantee any terms of completion of your orders. Turnaround time on requests depends on our current workload and the complexity of your request. Apparel and vehicle mockups demand more time to create than usual packaging because it's a complicated process. So to speed up the process it will be useful to have technical drawings and high-quality references of required items.
We may reject your request if a required product doesn’t correspond to Yellow Images trends.
When the mockup at your request is ready, you’ll be notified by email, so you can purchase it at a usual price.
We don’t provide the exclusivity to our mockups. Each mockup that we create at your request is uploaded to our stock and is available to everyone.
We may reject your query regarding adding any changes to the created mockup. In some cases we may produce the item not following all the client’s requirements to correspond it to Yellow Images trends.
We’ll create a mockup for you absolutely free of charge and then let you know it’s available to purchase on our marketplace.
To find more specifications and the number of jobs you can request, take a look at Yellow Ticket.
Yellow Images 360°
Please read these Terms carefully before buying Yellow Images 360° Subscription. You agree to and are bound by the Terms set forth below. If you do not agree to all the Terms of Yellow Images 360° Subscription use, do not buy the Subscription.
Yellow Images 360° Subscription is a privilege membership program letting you download any unwatermarked image from Yellow Images 360° library without daily or monthly limitations. And it’s valid at yellowimages.com only.
You keep the access to the Yellow Images 360° gallery all the time. After the Subscription expiration you’ll be also able to download the images, but only with a watermark. To get the unwatermarked version you will need to renew your Subscription plan.
After purchasing Yellow Images 360° Subscription it cannot be cancelled before it’s expiration and the purchase cannot be refunded. Even if you haven’t used Yellow Images 360° Subscription before its expiration date we won’t proceed with a refund.
There are 12 different plans of the Subscription depending on its duration and the amount of users who can use Yellow Images 360°.
The Subscription could be for Single User, up to 5 Users, up to 15 Users and for Unlimited amount of users.
The amount of users you can invite to join Yellow Images 360° Stock is abridged by your Subscription Plan. The owner of the Multi-user Subscription can grant access to anyone and can also revoke the access to the Yellow Images 360° gallery at any time.
By duration there could be Monthly Subscription, 3-Month Subscription and Annual Subscription.
The compulsory condition of purchasing the subscription is adding your credit card to your account and charging it off at the same time. All the recurring payments can be done automatically via Yellow Images Credits if you flag that this is the type of payment you would like to use and if you have enough funds on your Yellow Images Account for such a purchase. If there won’t be enough credits on your account (in case you choose credits as the type of payment for your subscription renewal), the recurring payment will be done via your credit card.
The Subscription autorenews itself every month (automatically 3 days before its expiration date!), unless you clear the renewal checkbox on your Subscription Page in your account allowing your subscription to expire.
There can be multiple Subscriptions activated on one account at the same time. You can be the owner of the Subscription and be invited by other users to join their subscriptions at the same time.
You may not use Images 360° in a way that competes with Yellow Images anyway.
You may not use Images 360° for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Intellectual Property Rights.
You may not download Images 360° excessively, including in a way that suggests, in Yellow Images reasonable discretion that you are attempting to copy or mirror our website.
If you can’t find a required image in our Yellow Images 360° gallery, you can contact us, so we can try to create images you’re looking for.
Becoming an author
If you want to get involved in our community as an author, take a look at Become an Author. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
Liability and indemnity between authors and members
Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies 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 buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.
The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.
We own all the Yellow Images content that we have put on Yellow Images (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Yellow Images site, and copyright, trademarks, designs and other intellectual property on Yellow Images. We own all the trademarks, logos, service marks and trade names on Yellow Images (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Yellow Images Content or use any of our intellectual property in any way not expressly stated in these terms.
We do not own the items on Yellow Images; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the Yellow Images do not infringe the intellectual property rights of a third party. Each author provides promises to you directly when you purchase their item – see section "Promises authors make".
Copyright, trademark and intellectual property claims. We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
Model and property releases. Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Yellow Images site and its services, including marketing activities.
Confidential Information. We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Yellow Images will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Yellow Images, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Yellow Images to any other person.
Linking to the Yellow Images
If you decide to link to Yellow Images from other sites, you have to link to a full version of a page and not link 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 insist that any link to the Yellow Images be discontinued, and to revoke your ability to link to the Yellow Images.
Links from the Yellow Images
The Yellow Images site may contain links to other non-Yellow Images sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
Third party developers
We welcome the contribution of our members and broader community, who offer applications that work with Yellow Images. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Eligibility, suspension or termination
Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We may, using reasonable discretion, decide whether or not your use of Yellow Images complies with these terms.
We can suspend or terminate your Yellow Images account at any time for any of the following reasons:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or members harm.
If we do decide to permanently terminate your Yellow Images account you must not apply for a new account as you will no longer be welcome in our community.
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.
Prohibited Conduct. Yellow Images is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated.
We aim to take a common sense approach to the general code of conduct on Yellow Images but you promise that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through Yellow Images;
- attempt to contact other members through the Yellow Images or use any information gained from the Yellow Images with the intention to make a private arrangement that would otherwise be made using the Yellow Images;
- enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms;
- use information gathered from or through the Yellow Images in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site);
- attempt to or actually interrupt, negatively impact or alter the Yellow Images operation in any way;
- use the Yellow Images or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the Yellow Images, other than in accordance with these terms or the license for the item.
Content removal. We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Yellow Images and any content might result in liability to us or anyone else.
Liability and indemnity
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Yellow Images and any content you post to Yellow Images (including, if you are an author, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Yellow Images posted by authors;
- information provided by authors about their items (including on any item page); and
- your use of items from Yellow Images.
Please notice that liability for items posted by the author "Yellow Images" is assumed by the author "Yellow Images".
Our liability to you in connection with Yellow Images or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
Availability. We strive to have Yellow Images available to you 24 hours a day, seven days a week. However, occasionally you might not be able to access Yellow Images, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Yellow Images works. Yellow Images will not be liable to you for any loss you suffer as a result of these things.
The site is provided on an "as is" and "as available" basis. Use of the site is at your own risk. To the maximum extent permitted by applicable law, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, yellow images, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is site at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the site.
Governing Law. We control and operate Yellow Images from our offices in Scotland, UK. The laws of Scotland, UK govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
The Site is controlled and operated from its facilities in the Scotland, UK. Yellow Images makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Scotland, UK and local laws and regulations, including but not limited to export and import regulations.
Consumer laws. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express promises made in these terms. 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 guarantee says otherwise).
Yellow Images cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
For any dispute with Yellow Images, you agree to first contact us and attempt to resolve the dispute with us informally. In the event that Yellow Images has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Yellow Images claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the International Chamber of Commerce ("ICC"). Each party will be responsible for paying any ICC filing, administrative and arbitrator fees in accordance with ICC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and yellow images are each waiving the right to a trial by jury or to participate in a class action.
Author: a member who makes items available for sale on Yellow Images.
Buyer: a member who buys items on Yellow Images.
Yellow Images content: is all the content that we have put on Yellow Images and includes the design, compilation, and look and feel of the Yellow Images, and copyright, trademarks, designs and other intellectual property on the Yellow Images (unless otherwise stated and excluding content owned by others like author content).
Yellow Images account: what you receive when you become a Member which allows you to buy and sell items on Yellow Images.
Item price: the price buyers pay for the license to use an item.
Items: digital goods found on Yellow Images like mockups, templates, images and some other design assets.
Member: a person who signs up by creating an account and accepting these terms.
Payment method: any payment agent or method we make available on Yellow Images.
Your content: everything that you post on Yellow Images, or send via Yellow Images to other members and to us including items, files, communications and materials.
Please contact us with any questions regarding this Agreement.
Any notice we send to you will be emailed to your Yellow Images account email address.