The ThemePhotos license gives you the right to download, display, copy and modify all provided photos for personal use and most commercial purposes.
Our photo license is designed to foster and promote creativity, while protecting our business and assets. The following is a plain English summary of our license – view the complete legal agreement below.
Here are some important restrictions and rules for the use of our photos:
- You may use the photos on websites (personal and client projects), in print, on social media networks and any other mediums.
- You may not resell or redistribute the photos directly as stock photography in any manner, including distributing them within website templates created or sold by you.
- You do not need to ask permission or give credit to ThemePhotos or the original photographer, however, you may not take ownership credit for the photos.
- Photos may contain logos, brands or trademarks owned by third parties which may require permission to be used. You are responsible for evaluating those requirements and obtaining that permission if required.
- If a photo does contain a trademark, model, or copyrighted element (logo, structure, etc.) you may not imply that the trademark or brand is endorsing, supporting or contributing to the product, event or service you are advertising.
- You may not use the photo in any of the following: adult / pornographic content, hate speech, defamatory content, child exploitation, misleading or illegal activity.
- Your use of ThemePhotos.com, it’s assets and the context in which the assets are used by you are solely your responsibility. You indemnify us against all losses, costs (including legal costs) and liability that are incurred in connection with a claim relating to your use of ThemePhotos.com and the assets.
Acceptance of Terms
By using or downloading the Service, you implicitly and explicitly agree to conform to, and be bound by, the Terms. If you do not agree to the Terms the limitations and restrictions imposed herein, you are required to cease the use and forego the use or download of any and all Service and delete any downloaded components of such Service currently in your possession. By using or using any Service you agree to be bound by the Terms.
All forms of the Service found on our Website are copyrighted and are, and shall always remain, the exclusive property of ThemePhotos. Your right to use the ThemePhotos Service is subject to these Terms and any restrictions specified on each photo set. ThemePhotos grants you a non-transferable license to use the ThemePhotos Service in strict compliance with the terms and conditions contained herein this agreement and/or on the specific purchase page of the ThemePhotos Service.
License to Use Photos
This section is an agreement (“Licence”) between You and ThemePhotos. All photos published on ThemePhotos (“Content”) are owned by and licensed under Without Code Inc. and are subject to the terms of this agreement. This License is granted under and governed by the laws of Province of Alberta and the federal laws of Canada and the Content is protected by Canadian copyright and other applicable law. By using the Website and Content, you accept and agree to the terms of this License; any use of the Content other than as authorized according to this License is prohibited.
With the purchase of a pack of photos or unlimited subscription, you may download, display, copy and modify all provided photos for personal and commercial use. You do not need to ask permission or give credit to the photographer or ThemePhotos, however, you may not take ownership credit for the photos.
You may not resell or distribute the photos as stock photos, in website templates, or compile them to replicate a similar or competing business. If you wish to include the photos in a website template, the photos may not represent a substantial portion of the final product. Photos may be used as preview images, but they may not be distributed as-is with the final file to end users.
You may not use photos in any of the following ways: adult / pornographic content, hate speech, defamatory content, for misleading / illegal activity, or in any way that gives a bad name to ThemePhotos, its suppliers, employees or connected third parties.
You may not state or imply any connection, sponsorship, or endorsement by any a trademark, model, copyrighted element (logo, structure, etc.), object, or entity appearing in any Content or on the Website without explicit, separate, prior written permission from the relevant person or rights holder. If you use any Content for any purpose, you must remove any reference to any person or rights holder as requested by ThemePhotos.
You may not display or distribute any Content in any manner that will violate any applicable copyright or trademark law.
Accounts and Registration
Registration is required to receive and access the Service for both single photo collection accounts, which gives users access to purchase individual collections of images, and unlimited yearly subscriptions, which give users unlimited access for a period defined on the website to the Service for a fee.
All users are subject to the following terms:
- You agree to provide true, accurate, current, and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current, or inaccurate, ThemePhotos has the right to suspend of cancel your account.
- You represent that you are of legal age to form a binding contract and that you have never been suspended from the Service and promise that your use of the Service won’t break any laws or regulations.
- You agree that ThemePhotos may contact you using the email address you provided upon registration. Any information sent to email address you provided will be considered delivered once it is sent; it is your responsibility to ensure your contact information remains up-to-date and that emails from ThemePhotos can be properly received by your account.
- You agree that ThemePhotos may, under certain circumstances and without prior notice cancel your account and terminate your access to the Service. Causes of this cancellation and termination include but are not limited to: breach of the Terms or any other policies, rules, or guidelines listed on our Website, requests by law enforcement or government agencies, and/or your engagement in fraudulent activities. You agree that ThemePhotos will not be liable to you or any third party for the cancellation of your account or termination of access.
- You agree that your account is non-transferrable and any rights to your account, password, username, terminate upon your death.
- You are responsible for any activities that take place under your username and password, as defined in the Security section of the Terms.
Rules of Behavior
You are solely responsible for your own communications and use of the Content. You agree that your use of the Service won’t break any laws or regulations or infringe on the rights of ThemePhotos or any other third party.
All users are subject to the following terms:
- You must not register under false or fraudulent pretenses, including impersonating another person or entity by using someone else’s email, username, or password.
- You must not interfere with or circumvent any of the security features of the Website or Service. You must not modify or delete any content located on the Website.
- You must not access the service using any automated tools or applications (other than your web browser or any mobile app that we may publish).
- You must not reproduce, distribute, publicly display, or publicly perform the Service. You must not sell unaltered copies of the images or photo collections downloaded from our site, including selling them as prints or printed on physical goods, whether properly attributed or as your own.
- You must not use the ThemePhotos name or Marks and cannot state or infer that ThemePhotos is associated with you or your business.
- You agree that you may be subject to the above conduct, that you use the Service at your own risk and that ThemePhotos has no liability for any of the above conduct.
- You understand that if you violate any of these terms, ThemePhotos has the right to cancel your account and access to the Service immediately without any right to a refund.
You agree not to sell any portion of the Service or content located on the Website.
The Service, any necessary software, all informational text, design of, and “look and feel,” interfaces, artwork, layout, products, graphics, images, audio, music, video, messages, files, documents, literary work, source and object code, computer code (including html), applications, and other media, designs, animations, derivatives, and versions thereof, or other data, whether publicly posted or privately transmitted, (collectively, the “Property”), all confidential and proprietary software used in connection, or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through ThemePhotos, are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.
ThemePhotos gives you permission to use the Property to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. All forms of the Property found on our website are copyrighted and are, and shall always remain, the exclusive property of ThemePhotos or the specific designer/creator. The license granted to you by ThemePhotos for the use of the specific Property is non-transferable and you hereby agree not to sell, rent, give, transfer or otherwise share the ThemePhotos Property with any third party whatsoever. The final product that you may create using the Property is intended to be used strictly and solely by You or by your end user client.
All trademarks, service marks, logos, slogans, photos and taglines (individually and collectively, “Mark” or “Marks”) are the property of ThemePhotos or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of ThemePhotos or the respective third-party Mark owner. You are responsible for evaluating the requirements of third party trademarks and obtaining the appropriate permission prior to displaying those trademarks in photos.
All rights, title and interest in and to ThemePhotos, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any Property, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to ThemePhotos.
You are responsible for maintaining the security of your account and web site, for all activities that occur, or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
You agree to indemnify, defend, and hold harmless ThemePhotos.com and Without Code Inc. and its directors, officers, shareholders, employees, servants and suppliers against all claims, liabilities, damages, costs and expenses, including legal fees on a full indemnity (solicitor-client) basis, arising out of or related to a breach of this agreement, the use of this Website, the use (or misuse) of any and all ThemePhotos Property, as well as any potential claims, liabilities damages or costs as a result of a third party claim for copyright infringement or otherwise.
Warranty and Liability
The Website and the ThemePhotos Property is provided on an “as is” basis. ThemePhotos offers no warranty, explicit or implied, regarding any photos, the Website, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose of any ThemePhotos Property. ThemePhotos does not represent or warrant that the Website or any ThemePhotos Property on the Website will meet your requirements or that their use will be uninterrupted or error free.
Neither ThemePhotos or the Website shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Website or the ThemePhotos Property.
If there is any dispute about or involving the Website, Service, Content, or arising under or relating to the Terms or Licence, you agree that the dispute shall be governed by the laws of Canada and the province of Alberta without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the provincial and federal courts of Alberta. ThemePhotos may apply to the provincial or federal courts of Alberta for an injunction against any breach of the Terms or Licence and this injunction may be enforced and damages recovered in any jurisdiction worldwide. You agree that any dispute resolution will be conducted on an individual basis, and not in any class action, class suit, or representative action.
Third Party Services
ThemePhotos is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
We have multiple pricing options and some of the features on the Service require payment of fees, as described for each Service on the Website (“Fees”). If you sign up for these features, you must pay all applicable Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof.
If you purchase any Services that we offer for a Fee, you consent to ThemePhotos, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide.
In the case of yearly subscriptions, to ensure uninterrupted service, we will automatically bill you for each renewal until explicitly cancelled by you. You may turn off the auto-renewal on your account at any time by sending cancellation requests to firstname.lastname@example.org.
In the case of single photo collection purchases, we will only bill you for the purchases made by your account.
In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your account, without further notice.
If you cancel the Service, your account will be set to cancel at the end of the billing term (as laid out in your original sign up email). After cancellation, you will no longer have access to the Service.
For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. ThemePhotos is not liable to you or any third party for any modifications, refusal of access, replacements, suspension or discontinuation of the Service or prices.
Failure to comply with any of the ThemePhotos Terms and/or to pay any due Fee shall entitle ThemePhotos to suspend (until full payment is made) or cancel your account. Please also note that additional fees may apply to re-activation of an account and/or any ThemePhotos Services following cancellation, as determined by ThemePhotos in its sole discretion.
We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).
Refunds and Chargebacks
If you are not satisfied with a ThemePhotos yearly subscription, you may provide notice of cancellation within seven (7) days of having first purchased the subscription provided you have not downloaded any photos or other resources as part of our Services using the associated account (the “Refund,” “Refund Period,” “Refund Policy”). The Refund Policy is applicable only to the purchase of a ThemePhotos yearly subscription (as offered on the ThemePhotos Website) and does not apply to any other purchase (including single photo collection purchase), which are final, with no Refund possible.
Please note that the Refund amount may be different than the amount you were charged due to currency changes. ThemePhotos will not be responsible for any differences caused by change of currency exchange rates. After the Refund Period or if the request is outside the Refund Policy, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the user who provided such notice for any ThemePhotos Services actually received, as permitted by law.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your ThemePhotos account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the ThemePhotos Services may be automatically disabled or terminated. If you have any questions or concerns regarding a payment made to ThemePhotos, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment. You will be responsible for any incorrect Fees, losses and expenses that follow.
Your use of the ThemePhotos Services will not resume until you re-subscribe for any such ThemePhotos Services, and pay any applicable Fees in full, including any fees and expenses incurred by ThemePhotos for each Chargeback received (including Fees for ThemePhotos Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).