FAQs
SUBSCRIPTION FOR SITE ACCESS: you
are paying for the privilege to access my site and use my images within
the boundaries of my 'terms and conditions', much like you would pay a
cover charge for entering a restaurant or night club. You are NOT
buying my images or any rights to them other than those stipulated by
me at the time you downloaded them.
COMMERCIAL & NON-COMMERCIAL USE: the images you are allowed to download are for you use only in designing images for yourself; my 'terms and conditions' include that you may use them to design work for both your own personal use and/or commercial use - such as designing web page set for clients which include the image you downloaded from here - you can use the flattened (MERGED) image you created as you see fit - BUT, you don't own my image, you don't have copyright to my images and since you can't copyright images that you use anyone's work in but your own, you can't copyright any image that includes work belonging to someone else. You want to buy my copyright so you can copyright yours - that'll cost and will provide that my original 'terms & conditions' for those who have already downloaded that image will NOT be altered - meaning anyone who has already downloaded it continues to have the right of use as outlined when they downloaded it but it would be removed from this site and no longer distributed by me!
EXCLUSIVE USE: this is the right to have exclusive use of an image within the same boundaries of my 'terms and conditions' for all images offered on this site - if you see an image posted for subscribers to download, you can NOT have 'exclusive rights' to that image, because I've already allowed other subscribers to download that image and use it - doesn't matter if anyone has or not - the fact of it is that I can't be sure if one of the subscribers downloaded it or not and the EXCLUSIVE USE rights have already been negated by the fact that I offered it for all subscribers to use. 'EXCLUSIVE USE' rights will only be offered for images that have NOT been posted for download. If I offer an image for 'EXCLUSIVE USE' and it isn't purchased, it MIGHT be offered for purchase from the byHeart store or it might not be offered at all (my choice!). Images offered for 'EXCLUSIVE USE' rights will be withheld from download areas until I decide to release them or until they are sold - 'EXCLUSIVE USE' purchases do NOT get you the copyright to the image - only the knowledge that no one else will be able to download that image from me or use it. Site 'terms and conditions' still apply!
PURCHASE OF COPYRIGHT: this means MY copyright would become YOURS and I would no longer have rights to use the image after the time I transfer copyright to you - unless you grant me that right. Such a transfer of copyright requires a Copyright release made out to you with my notarized signature on it and snail mailed to you by registered or certified mail. An email can not be notarized! I will NOT offer to sell copyrights to my images - but if the offer for a copyright to a particular image is attractive enough, I might be interested. I MIGHT sell copyright to an exclusive use package for 100 dollars per image added to the Exclusive-Use package price; BUT, why would you do that when I might in the future create another image so closely resembling the one's you purchased that you wouldn't be able to tell the difference? It wouldn't be on purpose, but it could happen because once I no longer have rights to it, I delete all the files and wouldn't even know if I had created it before! You would be able to share or sell your package as you wished, but still . . . wouldn't you prefer to create your own things to share?
COMMERCIAL & NON-COMMERCIAL USE: the images you are allowed to download are for you use only in designing images for yourself; my 'terms and conditions' include that you may use them to design work for both your own personal use and/or commercial use - such as designing web page set for clients which include the image you downloaded from here - you can use the flattened (MERGED) image you created as you see fit - BUT, you don't own my image, you don't have copyright to my images and since you can't copyright images that you use anyone's work in but your own, you can't copyright any image that includes work belonging to someone else. You want to buy my copyright so you can copyright yours - that'll cost and will provide that my original 'terms & conditions' for those who have already downloaded that image will NOT be altered - meaning anyone who has already downloaded it continues to have the right of use as outlined when they downloaded it but it would be removed from this site and no longer distributed by me!
EXCLUSIVE USE: this is the right to have exclusive use of an image within the same boundaries of my 'terms and conditions' for all images offered on this site - if you see an image posted for subscribers to download, you can NOT have 'exclusive rights' to that image, because I've already allowed other subscribers to download that image and use it - doesn't matter if anyone has or not - the fact of it is that I can't be sure if one of the subscribers downloaded it or not and the EXCLUSIVE USE rights have already been negated by the fact that I offered it for all subscribers to use. 'EXCLUSIVE USE' rights will only be offered for images that have NOT been posted for download. If I offer an image for 'EXCLUSIVE USE' and it isn't purchased, it MIGHT be offered for purchase from the byHeart store or it might not be offered at all (my choice!). Images offered for 'EXCLUSIVE USE' rights will be withheld from download areas until I decide to release them or until they are sold - 'EXCLUSIVE USE' purchases do NOT get you the copyright to the image - only the knowledge that no one else will be able to download that image from me or use it. Site 'terms and conditions' still apply!
PURCHASE OF COPYRIGHT: this means MY copyright would become YOURS and I would no longer have rights to use the image after the time I transfer copyright to you - unless you grant me that right. Such a transfer of copyright requires a Copyright release made out to you with my notarized signature on it and snail mailed to you by registered or certified mail. An email can not be notarized! I will NOT offer to sell copyrights to my images - but if the offer for a copyright to a particular image is attractive enough, I might be interested. I MIGHT sell copyright to an exclusive use package for 100 dollars per image added to the Exclusive-Use package price; BUT, why would you do that when I might in the future create another image so closely resembling the one's you purchased that you wouldn't be able to tell the difference? It wouldn't be on purpose, but it could happen because once I no longer have rights to it, I delete all the files and wouldn't even know if I had created it before! You would be able to share or sell your package as you wished, but still . . . wouldn't you prefer to create your own things to share?
SOME QUESTIONS & ANSWERS:
1. Why do filenames have 'UNSHARABLE' or 'NOSHARE' on them?
ANSWER: This is a 'by subscription' site and I know from my own experiences that visitors sometimes dump all downloaded files into one folder and once done, they can't remember where they even got the tube let alone if it was sharable or not; by adding the word 'UNSHARABLE' or 'NOSHARE' to the file name, it's a constant visual reminder that sharing the file with a friend is a no-no. Let's face it - EVERYONE loves to share; some just don't know better than to share what isn't theirs to share. So, in short - just a reminder that the file belongs to ME and I reserve the right to distribute it as I see fit.
2. Why are so many in JPG
format - yet you say they are in PSP5 format? And when I click on
one of those it takes me to an identical one to save in JPG.
Not being in PSP format, then aren't these just clipart????
ANSWER: WHOOPS!!!! This would be a coding error.
PLEASE alert me immediately! I am a perfectionist of sorts, but
FAR from PERFECT!
3. Nosey type question
- why do you say you're disabled?
ANSWER: Not so nosy! I worked factories most of my adult life (two different ones) and no education past high school; in 1981, the operator on my machinery made a stupid decision contrary to safety regulations and codes . Determined to do my job the best I could, I wouldn't drop the load! The load became so heavy that it started pulling me down the conveyor belt with it, I grabbed a pole when being drug past it and tried to hold on but the load got so heavy that it jerked me in a spin and I was damaged. I felt a snap in my back like I'd been shot with a rubberband and immediately let go of the load of magazines that I was trying to hold back from the trimmer. The foreman witnessed it and asked why I didn't shut the line down - told him I did and go ahead an try it. He shut down the line and the operator turned it back on; foreman shut it down and the operator turned it back on; forman shut it down and locked it off - I said 'I tried THAT too!'. The operator came storming around the corner hollering that he'd told me not to shut the line down again as he unlocked the start button and turned it on again - then he saw the foreman reach for and hit the stop button. Foreman informed him that he was NEVER to over-ride the belt attendant's decision to shut down! But, it was too late - the damage was done. I was sure it was just a pulled muscle but couldn't finish the shift . . . they walked me to my car because I declined an ambulance. I got home and slowly came in, took a shower and went to bed . . . 3 hours later, I woke in such terrible pain that I got that ambulance ride after all. I was in the hospital 2 weeks before I could stand again, during which time the suspended apparatus for helping lift me fell on me twice (NEVER, NEVER go to the hospital if you aren't dying!). Three months off and I pushed myself to the brink to get back to work. During the next ten years, I was hospitalized 3 times and spent a total of several months off with my back. In 1991, the back went out for the last time. Two damaged disks with a nerve being pinched on the wrong side - no doctor would operate so long as I could move on my own. Though I persisted, they continually refused - their reasoning was - right now, I could at least move around on my own even though I'd never be able to return to work - the damage was located too close to the spinal cord and surgery could leave me in a wheel chair or bedridden for life. I was still game, but the 7 doctors I saw wouldn't risk it. Walking, standing, stretching, twisting, bending, stooping - they have to be done very carefully or not at all! I live in a small town with absolutely no opportunity for someone with my disabilities. I was awarded social security instead - a quarter of what I was use to taking home in a week! I'm still here - making just enough to get me in trouble and not enough to clean up my messes. With lots of years and lots of hours unable to do anything, I finally found that I could use the computer in my own home on one particular chair within 8 foot of the bathroom or bed . . . got a job for me that will pay 3 or 4 thousand a month that I can do when able and skip when not? A job within 8 foot of a bathroom and bed? A job that I could do sitting on the chair, lying on the floor or from bed? No? Neither has anyone else . . . yet I keep wishing . . . that's my story on being disabled.
ANSWER: Not so nosy! I worked factories most of my adult life (two different ones) and no education past high school; in 1981, the operator on my machinery made a stupid decision contrary to safety regulations and codes . Determined to do my job the best I could, I wouldn't drop the load! The load became so heavy that it started pulling me down the conveyor belt with it, I grabbed a pole when being drug past it and tried to hold on but the load got so heavy that it jerked me in a spin and I was damaged. I felt a snap in my back like I'd been shot with a rubberband and immediately let go of the load of magazines that I was trying to hold back from the trimmer. The foreman witnessed it and asked why I didn't shut the line down - told him I did and go ahead an try it. He shut down the line and the operator turned it back on; foreman shut it down and the operator turned it back on; forman shut it down and locked it off - I said 'I tried THAT too!'. The operator came storming around the corner hollering that he'd told me not to shut the line down again as he unlocked the start button and turned it on again - then he saw the foreman reach for and hit the stop button. Foreman informed him that he was NEVER to over-ride the belt attendant's decision to shut down! But, it was too late - the damage was done. I was sure it was just a pulled muscle but couldn't finish the shift . . . they walked me to my car because I declined an ambulance. I got home and slowly came in, took a shower and went to bed . . . 3 hours later, I woke in such terrible pain that I got that ambulance ride after all. I was in the hospital 2 weeks before I could stand again, during which time the suspended apparatus for helping lift me fell on me twice (NEVER, NEVER go to the hospital if you aren't dying!). Three months off and I pushed myself to the brink to get back to work. During the next ten years, I was hospitalized 3 times and spent a total of several months off with my back. In 1991, the back went out for the last time. Two damaged disks with a nerve being pinched on the wrong side - no doctor would operate so long as I could move on my own. Though I persisted, they continually refused - their reasoning was - right now, I could at least move around on my own even though I'd never be able to return to work - the damage was located too close to the spinal cord and surgery could leave me in a wheel chair or bedridden for life. I was still game, but the 7 doctors I saw wouldn't risk it. Walking, standing, stretching, twisting, bending, stooping - they have to be done very carefully or not at all! I live in a small town with absolutely no opportunity for someone with my disabilities. I was awarded social security instead - a quarter of what I was use to taking home in a week! I'm still here - making just enough to get me in trouble and not enough to clean up my messes. With lots of years and lots of hours unable to do anything, I finally found that I could use the computer in my own home on one particular chair within 8 foot of the bathroom or bed . . . got a job for me that will pay 3 or 4 thousand a month that I can do when able and skip when not? A job within 8 foot of a bathroom and bed? A job that I could do sitting on the chair, lying on the floor or from bed? No? Neither has anyone else . . . yet I keep wishing . . . that's my story on being disabled.
4. You state
that anything I make is mine to do anything I wish with it, but I
can't share your image? How?
ANSWER: Yes; that's right! The image you download here is strictly for your use in creating images of your own. You download my image and make changes, make additions, put text on it and MERGE to one layer so it isn't used alone and that protects my copyright; your MERGED image file that you created is yours to do with as you please (an 'UNMERGED' file would allow others to pull my copyrighted work out of your creation - the fact that my image is used in your image means you can't copyright your image, but you can use it within the limits I set for the use of mine. Therefore, you can use your image for commercial/non-commercial endeavors - BUT you can't copyright your image so long as anyone else's work is in it, you can't sell the copyrights to yours because you don't have the copyrights for mine - but you can use my image within your designing otherwise.
ANSWER: Yes; that's right! The image you download here is strictly for your use in creating images of your own. You download my image and make changes, make additions, put text on it and MERGE to one layer so it isn't used alone and that protects my copyright; your MERGED image file that you created is yours to do with as you please (an 'UNMERGED' file would allow others to pull my copyrighted work out of your creation - the fact that my image is used in your image means you can't copyright your image, but you can use it within the limits I set for the use of mine. Therefore, you can use your image for commercial/non-commercial endeavors - BUT you can't copyright your image so long as anyone else's work is in it, you can't sell the copyrights to yours because you don't have the copyrights for mine - but you can use my image within your designing otherwise.
5. Link to BashfulHeart.com?
ANSWER: By ALL means - be my guest, but I don't ask or require it; not even on 'FREE-USE' sites because I would hate to leave someone with a broken link if I loose the site! Check for linking images under the SiteAds listing!
ANSWER: By ALL means - be my guest, but I don't ask or require it; not even on 'FREE-USE' sites because I would hate to leave someone with a broken link if I loose the site! Check for linking images under the SiteAds listing!
6. How many images will I post and how often?
ANSWER: I will do the very best I can do to post at least a hundred images each month in a multitude of poses and styles. If I can provide enough that any subscriber can find at least 16 images they can use in a 6 month period, then I will be satisfied; I will, however, post more when able so that when I'm not able, I might be easily forgiven by my subscribers. Older Files will be removed and possibly sold later as an archive at a higher price than the subscription would have cost. I will endeavor to keep AT LEAST 1500 images available at all times for subscribers so that a new subscriber can get their money's worth the first time they access the site. Only the newest images will be available for download. Older images may someday be available for purchase but will never be available through the subscription list again except for holiday images.
ANSWER: I will do the very best I can do to post at least a hundred images each month in a multitude of poses and styles. If I can provide enough that any subscriber can find at least 16 images they can use in a 6 month period, then I will be satisfied; I will, however, post more when able so that when I'm not able, I might be easily forgiven by my subscribers. Older Files will be removed and possibly sold later as an archive at a higher price than the subscription would have cost. I will endeavor to keep AT LEAST 1500 images available at all times for subscribers so that a new subscriber can get their money's worth the first time they access the site. Only the newest images will be available for download. Older images may someday be available for purchase but will never be available through the subscription list again except for holiday images.
7. Are the 'byHeart' store images included in the subscription area?
ANSWER: NO! The images available for sale from the 'byHeart' store are different for non-subscribers. You might find similar images in the subscriber's area, but not the exact same ones. It wouldn't be fair to subscribers to offer the same exact images for sale without subscription.
ANSWER: NO! The images available for sale from the 'byHeart' store are different for non-subscribers. You might find similar images in the subscriber's area, but not the exact same ones. It wouldn't be fair to subscribers to offer the same exact images for sale without subscription.
8. Do I use the images offered in the subscription area by themselves?
ANSWER: I have that right, but,NO! ABSOLUTELY NOT! I abide by the same terms of use as I set for subscribers - I alter them and flatten them them to one layer before shaing in any way! I do NOT post any of the images ANYWHERE that will compromise the terms of use for BashfulHeart subscribers . . . EVER!
ANSWER: I have that right, but,NO! ABSOLUTELY NOT! I abide by the same terms of use as I set for subscribers - I alter them and flatten them them to one layer before shaing in any way! I do NOT post any of the images ANYWHERE that will compromise the terms of use for BashfulHeart subscribers . . . EVER!
9. Will I supply the files in Photoshop PSD format?
ANSWER: No; it would cost me more time in duplicating files, uploads, pages and maintenance than I care to invest; Photoshop can read the psp file and open it if you get the donationware plugin for Photoshop. The one I tested in Photoshop 7 is called 'Paint Shop Pro Format' and it did open the file and allow me to resave in psd format then open the psd format in Paint Shop Pro . . . worth it's weight in gold, I'd say, so don't forget to donate.
ANSWER: No; it would cost me more time in duplicating files, uploads, pages and maintenance than I care to invest; Photoshop can read the psp file and open it if you get the donationware plugin for Photoshop. The one I tested in Photoshop 7 is called 'Paint Shop Pro Format' and it did open the file and allow me to resave in psd format then open the psd format in Paint Shop Pro . . . worth it's weight in gold, I'd say, so don't forget to donate.