Terms & Conditions
Before using this site please read through these terms and conditions (the ‘Conditions’).
COMPANY INFORMATION
This Website (createdbywayne.com) is owned and operated by Wayne Fick Ltd, a limited company, registered in England and Wales under company number: 8557623. Our registered address is Field Maple Barns, Weston Green Rd, Norwich NR9 5LA.
Throughout the site, the terms “we”, “us” and “our” refer to Created by Wayne. Created by Wayne offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
OVERVIEW
These Terms & Conditions are subject to change, with or without notice to you, at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website.
Every time you use this site, please consult these Terms to ensure that you are aware and understand the conditions of a contractual engagement.
AFFILIATE LINKS
Some of the links on this website are affiliate links. When these links are clicked to a website where a sale occurs, we receive a small commission.
ACCESS & COMMUNICATIONS
You will be able to access parts of the website without having to register any details with us. However, to see all voucher codes you must be a registered user. By no means can any of our voucher codes be shared either via email or social media or any other means. Anyone who is unauthorised to share our codes and is found to do so will be removed and barred from our system without notice.
ELIGIBILITY
To be eligible to use this site and enter any legal contracts you must fit the eligibility criteria.
The Created by Wayne service is not available to:
• Minors under the age of 18 and
• Those who cannot enter into binding contracts.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
If you do not qualify, you may not use the service provided by Created by Wayne Service or the site.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. To view our Privacy Policy click HERE.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY
In no case shall Thrivo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:
• For death or personal injury caused by our negligence;
• Under section 2(3) of the Consumer Protection Act 1987; or
• For fraud or fraudulent misrepresentation;
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:
• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of goodwill
• loss of anticipated savings
• loss or corruption of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If you have any queries about our Terms and Conditions, please get in touch with us at hello@createdbywayne.com
DISCLAIMER
Created by Wayne does not accept any liability for any loss (direct or indirect) as a result of relying on information on the website, in respect of error or omission.
All images and media are our own and cannot be used in anyway without our permission.
Should you be unsatisfied with your products, or experience at Created by Wayne please inform us at hello@createdbywayne.com.
IMAGE LICENSE AGREEMENT
At Created by Wayne we want to support creatives, not restrict them and so offer fair image licensing terms to our users and customers. As entrepreneurs and creatives, we can all agree that there’s nothing worse when you see your work being used without your consent or in terms that you didn’t originally specify. As a business owner and creative, we know that you value integrity and so we ask all of our users to respectfully uphold the terms and conditions as listed below.
Nobody wants to wade through pages of complex legal jargon and worry unnecessarily about what you can and cannot do with stock photos. Time is precious and we wouldn’t want you to waste yours. After all, you’ve got important work to do. So, below in plain English you’ll find our image usage terms and conditions below.
Your purchase (whether as a member or if you have made a single image/bundle purchase) includes a non-exclusive, limited use Standard License. The following terms apply for all purchases as well as the free photos provided for our mailing list subscribers (identified as ‘users’):
Users/members may:
Use images for personal or business use for both online and in print.
Edit the image in anyway that you wish – change colours, add filters, crop, overlay the image with text etc. Feel free to get creative.
Use the images for your website, social media posts and you don’t need to credit when you do.
Use the image to create digital products for your business, such as opt-in downloads for your audience like e-books, PDFs, worksheets etc. However, images must be flattened as part of the design (so they can not be extracted) and must not be the main component of the product/download. To clarify, whether free or offered as an End Product for sale, it is not OK to use the images themselves (even if they’ve been edited) as the download.
Use the images an unlimited amount of times for personal projects but are limited to use images once for commercial projects.
Use the images to create End Products for sale where lifetime sales of the End Product for sale do not exceed 500 units. More details about this can be found in the Q&As section below.
Users/members may not:
Claim the image as your own. Wayne Fick Ltd owns the original rights to the image and as a customer you are agreeing to simply use the images in the ways outlined in these terms.
Re-distribute, sell or lend the image to third parties in any way. Not even a little bit. A great deal of time and love goes into creating these images especially for our customers and so please do respect us as creators and the work that goes into creating the images.
Transfer membership or login credentials to a third party, even if it’s a client, customer, or business partner. If you wish to do this, please get in touch with us directly at hello@createdbywayne.com so we can handle the request in a proper manner.
Use the images to promote or sell other stock photography products, services or resources because no-one likes false advertising.
Use the images to promote illegal activity, pornography or to spread negative messages. Just no. Let’s keep things above board and positive.
If you violate any of the terms listed above, we have the right to suspend your membership with immediate effect.
Q&As
Do I have to credit when using images and templates?
Nope. As a customer or member you don’t have to credit when you use one of our images or templates (but if you wish to, that would nice and is sure to put a smile on our face).
Can I use images and templates in a website design for a client?
Yes. If you are a designer and wish to incorporate the image in a clients website design, please note that you are permitted to use Created by Wayne’s images as long as the design is for one end customer or project and the image has been modified as part of the design. For example, you may crop, resize, change colours or overlay the images with text but you are not permitted to pass the original image file as you had downloaded it onto your client.
You may use the image or template throughout the one project, so long as the deliverables do not allow for the original source file to be extracted.
Can I use the same image or template for multiple clients?
No. For example if you were creating a website design for a particular client, you could use Created by Wayne’s image or template for that one client, but you wouldn’t want be able to use the same images for another client. Not that you would of course, as we know you like to keep things fresh and original but we just wanted to make sure things are clear there.
Can I use images to a create derivative products to sell or distribute?
Yes. We’re quite generous in that respect. Under the Standard License supplied with any purchase on this site you are permitted to create an End Product so long as the End Product does not exceed lifetime sales of 500 units. (That includes free products/giveaways, too).
There are some terms that apply, though. Please note that you are only allowed to use our images in End Products when the End Product does not compete with the original product in any way. For example, you can’t edit our pictures or and then re-sell or share them as images. The same goes for templates. A colour tweak or font change does not mean that you can pass off the designs as your own to sell or share.
Our images can be used in an End Product so long as the original image cannot be extracted. Remember, you must not redistribute the original files in any way. So, you can use our images as part of a design where the image has been edited (cropped, with text or graphic overlays etc) but the final design must be flattened.
You cannot use our images in website themes or design templates that you intend to sell. This would mean that our images would be redistributed and so if you would like to do that, you’ll need to get in touch to discuss Extended License options.
When will I need an Extended License?
If you’re thinking big and want to use Created by Wayne’s images or templates in a larger scale projects (such as apps, software or to integrate into products with a sales of over 500 units whether digital or physical) please feel free to get in touch to enquire about Extended License options.
Email: hello@createdbywayne.com