Terms & Conditions
Reference87 provides unique reference images for artists. We (Reference87., a New Zealand corporation) operate the Reference87 website at reference87.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of providing unique reference imagery for creatives, in a highly curated library made by tattoo artists for the wider creative community. Your use of the Service, and our provision of the Service to you, constitute an agreement by you and Reference87 to be bound by the terms and conditions in these Terms of Service.
THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 18 for the actual details regarding our agreement to arbitrate, which we’ve tried to be fair to our users.
The Service is designed for use by people who are at least 18 years old. If you are not yet 18, then you can’t use the Service. If you are 18 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organisation, or other kind of entity, you represent to us that you have authority to bind the organisation to these Terms on its behalf.
3. Accounts and Registration
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around membership, downloading, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at firstname.lastname@example.org.
4. Limited License to Use the Service (but not the Photos)
Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.
5. License to Photos/Purchasing Agreement
One of the best features of the Service permits you to search, view, purchase, and download photographs that have been uploaded by Reference87 (“Photos”). You may download and use Photos from the Service in accordance with, and subject to, the Reference87 Artist License. We encourage you to familiarise yourself with the Reference87 Artist License, as well as the accompanying FAQs. To be sure you don’t miss it, here’s the crux of the license:
To make sure you fully understand your rights granted after purchasing an image, image bundle, or membership to use the Services provided by Reference87 here is the gist of our Artist License; Reference87 grants you. Within the Artist License, which comes standard with every asset provided for purchase from Reference87.com:
You have permission to use the downloaded photos for the purposes of reference for creating "Artwork" including drawings, paintings, pastels, scratch-boards, carvings, sculptures, cross-stitch, digital artwork, tattoos and other mediums not named here.
That new "Artwork" you can:
- Offer for sale
- Produce prints/reproductions from your artwork to offer for sale
- Have your artwork printed onto merchandise/clothing/apparel to offer for sale
- Display your artwork in galleries/exhibitions
- Enter your artwork into competitions
- Have your artwork licensed/published
All of the above includes both personal and commercial use.
You may NOT USE any of the photos on this website in their original downloaded form for any commercial use.
If you're unsure as to the usage of the photos, please get in touch with us and we'll be happy to advise you.
This license does not include the right to compile photos from Reference87 to replicate a similar or competing service.
The copyright to all of the photos on this website always remains with the original photographer.
If you're unsure as to the usage of the photos, please get in touch with us and we'll be happy to advise you.
Reference87 offers high resolution photo downloads for artists to use a reference for their artwork. When you submit your photos to this website, it is understood that you give your permission for your photos (if accepted) to be downloaded/purchased by artists to use as reference for their artwork. You, as the original photographer, always retains the copyright to your photos. You must only submit photos that you have taken, for which you own the copyright for, and not photos taken by anyone else.
If you have any questions, please don't hesitate to contact us.
6. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
Use the Service for any illegal purpose or in violation of any laws or regulations;
Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
Upload, post, or publish any User Content that is unlawful, defamatory, libellous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
Sell copies of Photos without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Photos beyond simple retouches, resizing, or other minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Photos), including selling them as prints or printed on physical goods;
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
Except for use of the Reference87 API in accordance with our API Terms, access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
Transfer your rights to use the Service or to view, access, or use any Materials; or
Attempt to do, or assist anyone else to do, any of these things.
7. Other Companies' Services and Linked Websites
You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
8. Termination of Your Account
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to your account page and navigate to the “Delete/Cancel Account” function.
We may update, modify, or even discontinue the Service at any time without notice to you.
Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the Reference87 Artist License (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
10. Modifying these Terms
We may, at times, make changes to these Terms. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to the email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
11. Ownership of the Service
Reference87 owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defence of the claim.
13. Disclaimer; No Warranties
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS WHAT HAS BEEN STATED, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH THE INFORMATION PROVIDED ABOUT US OR THE SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Consent to Electronic Communications
17. Contact Information
The Service is offered by Reference87 Ltd. You can reach us by emailing us at email@example.com.