Terms of Use

(Updated 2025_07_17)

The digital images and other digital products (product) on this site are the property of Mike Cherry.

1.0 Introduction 

These terms and conditions set out the terms and conditions between you; inclusive of a person, business, corporation or other entity (the user), and Mike Cherry (the owner), governing the use of this website and the downloadable products.  Using this website; including the purchase, download and use of any product, constitutes full acceptance of these terms and conditions.

If you, the user, do not agree with these terms and conditions, you, the user, should not use this website or purchase, download or use any of its products.

2.0 License and Use (Personal Use)

Unless otherwise specified the purchase of any products constitutes the granting to the user of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of the user’s own personal use.

In the case of downloadable digital images for personal use, the user may print or convert the product to an image or other format for your own storage, retention, and personal use (the “purpose”).   

The user agrees that under no circumstances shall the user use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, the user shall not copy, re-sell, sublicense, rent out, share, use for marketing/advertising or otherwise distribute any products, whether modified or not, to any third party.

The user agrees not to use any products in a way which might be detrimental to or damage the owner’s reputation.

3.0 Licence and Use (Commercial)

Commercial use or the placing of products on a publicly accessible domain is strictly prohibited without the expressed written permission of the owner or the purchase of a “Limited Use Commercial Licence”.

A “Limited Use Commercial License” may be obtained for certain products by contacting the owner or through direct purchase on this website of a “Limited Use Commercial License” granting the user a limited, non-exclusive, non-transferable license to use the delivered product(s) solely for the commercial purposes as specified herein.

A “Limited Use Commercial License” shall permit the user to use the products for advertising, marketing, website usage, social media and with other media platforms ‘owned or managed’ by the user.

The user shall not alter or edit the product without the owner’s express written permission, except for the following permitted alterations, i.e. changes such as the additions of the user’s name, logo, or other text related to the advertisement and/or marketing purposes. The user may not resell, loan, transfer, or sublicense the products to any third party without the prior written consent of the owner.  Any use of the products by the user outside the scope of this limited commercial use license is strictly prohibited and may constitute breach of this Agreement.   Any use of the product shall provide credit to the owner by including with the product the following reference “©Mike Cherry Photography”.

The user of a “Limited Use Commercial Licence” agrees not to use any products in a way which might be detrimental to or damage the owner’s reputation.

4.0 Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the owners sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

5.0 Refunds and Chargebacks 

Once a product has been purchased by the user, no right of cancellation or refund shall exist due to the electronic nature of our products. Any refunds shall be at the owners sole and absolute discretion.

The user agrees that under no circumstances whatsoever shall the user initiate any chargebacks via the users payment provider. The user agrees that any payments made by the user for any products are final and may not be charged back.

6.0 Warranties and Liability

While owner shall take reasonable efforts to ensure that all products are of the quality represented, the owner takes no responsibility whatsoever for the suitability of the product and provides no warranties as to the function or use of the product, whether express or implied.  

The user agrees to indemnify the owner against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, the owner shall not be liable to the user or any party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7.0 Customer Support

All customer support and correspondence related to this website shall be through the contact form provided on the contact page of the website or by emailing the owner at mike@mikecherry.ca.

8.0 General 

These terms and conditions constitute the entire agreement and understanding between the user and the owner for the supplying of downloadable products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by the owner to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s).

The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.