Terms and Conditions

Effective Date: 24th April 2024

Welcome to Hero Banners Pty Ltd, an online marketplace for buying and selling images. By accessing our services at www.herobanners.design and using our associated services (collectively referred to as "Service"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms apply to all visitors, users, and others who access the Service ("Users").

1. Definitions

1.1 Users
Any individual or entity that accesses or uses the Service, whether by browsing the marketplace, purchasing content, or uploading content for sale.

1.2 Buyers
Users who purchase content from Hero Banners Pty Ltd for use in their projects. Buyers acquire a license to use the content according to the Terms outlined under "Provisions for Buyers."

1.3 Creators
Users who upload and sell their digital content on Hero Banners Pty Ltd. Creators retain ownership of the content they provide and grant Hero Banners a license to market and distribute this content, as specified under "Provisions for Creators."

1.4 Content
Refers to digital images, designs, animations, and any other forms of visual media provided by Creators on the Hero Banners Pty Ltd platform. This Content is licensed, not sold, and is subject to the terms outlined in the "Provisions for Buyers" and "Provisions for Creators."

2. User Account

To access certain features of the Service, you may be required to create an account. You are responsible for safeguarding your account password and for all activities that occur under your account. Hero Banners Pty Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3. Provisions for Creators

3.1 Content Ownership and Licensing
Creators retain ownership of their content but grant Hero Banners Pty Ltd a non-exclusive license to market, sell, and distribute their content globally. Creators also grant permission for promotional use in connection with the marketplace.

3.2 Revenue and Payments
Creators receive compensation based on a predefined commission structure for each approved listing. Payments are not automatically processed; instead, creators must request a payout. Once requested, payments will be processed via PayPal within 7 working days. Details of sales and earnings are accessible through the creator’s account dashboard.

3.3 Content Submission and Requirements
Creators must ensure that all uploaded content complies with intellectual property laws and does not infringe on the rights of third parties. Hero Banners Pty Ltd reserves the right to review and reject content that does not meet quality standards or poses legal risks.

3.4 Content Removal and Rights Upon Removal
Creators have the right to request the removal of their content from our platform. In the event that a creator requests the removal of an image that has already been purchased by customers, Hero Banners Pty Ltd reserves the right to continue distributing the image for up to 6 months from the removal request date to ensure continuity for customers and proper notification about the future unavailability of the purchased content.

4. Provisions for Buyers

4.1 License Grant
Upon purchase, buyers receive a non-exclusive, worldwide, perpetual license to use purchased content. This license allows for use across multiple projects without additional fees. The scope of use includes personal, commercial, and promotional uses, subject to the restrictions below.

4.1 Usage Restrictions
Buyers may not use the Content for resale as standalone files or in print-on-demand services. The content is also restricted from being used in any form of merchandise or physical reproductions without prior written consent from Hero Banners Pty Ltd. Content cannot be used in any defamatory, obscene, or illegal manner, nor can it be used in ways that promote discrimination or violence.

4.2 Transfer of Rights

a) End Product: An "End Product" is a final, customized, or composite project created by the Buyer using the licensed content as a necessary component. This could include digital or physical projects such as marketing campaigns, multimedia presentations, or any creative outputs that incorporate the licensed content where it is not merely re-distributed but has been transformed or included as part of a larger project.

b) Limited Sublicense: When a Buyer transfers an End Product to a client, the transfer must be executed as a "Limited Sublicense." This sublicense allows the client to use the licensed content solely as part of the End Product.
The client is prohibited from:
-Extracting, reproducing, or using the licensed content separately from the End Product.
-Creating new independent projects with the licensed content.
-Distributing the licensed content outside the scope of the End Product.
The Buyer must inform the client of these conditions to ensure compliance and prevent misuse of the licensed content.

5. Copyright Infringement

Hero Banners Pty Ltd respects intellectual property rights and expects its users to do the same. We will respond to clear notices of alleged copyright infringement. Repeat infringers will have their accounts terminated and may be reported to the authorities for serious breaches.

6. Fees and Payments

All sales on the platform are final and made on a one-time purchase basis. Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in US dollars.

7. Refund Policy

Our goal is to ensure customer satisfaction with the images purchased from our marketplace. Refunds will be considered on a case-by-case basis and may be granted in circumstances where the content is not as described or fails to meet the expected quality standards. To be eligible for a refund, customers must submit a refund request within 7 days of purchase, providing a clear explanation and evidence of the issue. Upon reviewing the request, Hero Banners Pty Ltd will determine, at our sole discretion, the validity of the claim and whether a refund is warranted. Approved refunds will be processed within 10 business days of the request.

8. Limitation of Liability

In no event will Hero Banners Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

9. Governing Law

These Terms shall be governed by the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Contact Us
For any questions about these Terms, please contact us at support@herobanners.design.

Privacy Policy

Effective Date: 1st March 2024

Hero Banners Pty Ltd ("Hero Banners," "we," "us," or "our") values your privacy and is dedicated to safeguarding the privacy of our website visitors, customers, business partners, and end-users. This commitment is demonstrated through our adherence to this privacy policy, which outlines our practices regarding the collection, use, and protection of your information.

This policy details the types of information we may collect from you or that you may provide when you engage with our online marketplace (our "Services"), including but not limited to, visiting our website, using our mobile or web applications, or accessing any other digital products that link to or reference this policy. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

We reserve the right to amend this Privacy Policy at any time. Any changes will be communicated by updating the Privacy Policy on our website and/or by notifying you via the primary email address associated with your account. It is your responsibility to keep your email address current and to periodically review this policy for any updates. Changes become effective immediately upon posting on our website. By continuing to use our Services after such changes are made, you accept and agree to the revised Privacy Policy.

1. Information We Collect

Personal Information: Includes, but is not limited to, name, address, email address, phone number, and payment information that you provide when registering, making a purchase, or at other times when engaging with our Services.

Non-Personal Information: We may also collect non-personal information about your use of our Services, such as browsing history, search queries, and preferences.

2. Use of Information

We use your information to:

- Provide, maintain, and improve our Services.
- Process transactions and send related information, such as confirmations and invoices.
- Communicate with you about products, services, offers, and provide customer support.
- Monitor and analyze trends, usage, and activities in connection with our Services.

3. Sharing and Disclosure of Information
We do not sell your Personal Information to third parties. Information may be shared with third-party service providers to perform services on our behalf, such as payment processing and data analysis. We require these third parties to protect your information and use it solely for the purposes for which it was provided.

4. Data Security
We implement reasonable security measures to protect your information from unauthorized access, alteration, disclosure, or destruction. However, no internet-based service is entirely secure, and we cannot guarantee the absolute security of your information.

5. Your Rights
You have the right to access, correct, update, or request deletion of your Personal Information. Please contact us directly to exercise these rights.

6. International Transfers
Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

7. Changes to this policy
We may update this privacy policy from time to time. The updated policy will be indicated by an updated "Effective Date" and the updated version will be effective as soon as it is accessible.

8. Contact Us
For any questions about these Terms, please contact us at privacy@herobanners.design

This Privacy Policy is governed by and construed in accordance with the laws of Australia, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).