Picsart’s applications, websites, products, and services may include libraries of templates, images, videos, audio, content, and other services owned or licensed by our licensors (“Licensed Content”). Licensed Content may only be used in accordance with the functionality of Picsart’s services and is subject to Picsart's Terms of Use or Developer Guidelines(as applicable). Additionally, you agree to use Licensed Content in compliance with the applicable Third Party License set forth below.
Third Party Licenses
Bob Ross
®Bob Ross name and images are registered trademarks of Bob Ross Inc. All Rights Reserved. Used with permission.
Shutterstock
Unsplash Photo Content
If an image from Unsplash contains an identifiable person, place, logo or trademark, Picsart cannot guarantee appropriate releases have been obtained. See the Unsplash Terms & Conditions and Help Center for more.
Moods – Epidemic Sound – Music Integration
1.1 For the purposes of this license (i) “We”, “Us” and “Our” is understood to mean Epidemic Sound US Inc., (EIN: 32-0480315), 79 Walker Street, New York, NY 10013, USA, and (ii) “You” and “Your” is understood to mean you or your company/employer as applicable.
1.2 These terms and conditions (the “Agreement”) apply to your use of each and every sound recording contained in the mobile video editing Application (the “Application”) from time to time and that is provided by Epidemic Sound (the “Music Piece(s)”). This Agreement grants you the right to incorporate the Music Pieces in audio-visual non-commercial productions produced by you as an individual creator, and not promoting a brand or product, in the Application (the “End-User Productions”), in accordance with the terms and conditions set forth herein. If you want to incorporate the Music Pieces in in audio-visual productions outside of the video editing feature of the Application or otherwise use the Music Pieces for other purposes than the purposes expressly permitted under this Agreement, you can contact Epidemic Sound by visiting www.epidemicsound.com or send an e-mail to [email protected].
1.3 By clicking “I agree”, using the Music Pieces or otherwise signifying your acceptance of these terms and conditions, you are agreeing to be legally bound by this Agreement. You warrant that you are 13 years or older and that you are authorized to enter into this Agreement (i.e. of legal age or otherwise have your parent or guardian’s consent).
2. License Grant
2.1 Grant of rights
2.1.1 Subject to the terms and conditions of this Agreement, and in particular the restrictions set forth in Section 1.2 below, we hereby grant you a non-exclusive, non-transferable, non-assignable and non-sublicensable (other than as expressly permitted under this Agreement) license for you to:
(a) synchronize the Music Pieces with your End-User Productions in the Application during the term of this Agreement; and
(b) for the term of this Agreement and in perpetuity, make any End-User Productions created in the Application containing any Music Pieces available worldwide, over the Internet, on mobile devices, and on all other channels and platforms available from time to time, provided that the End-User Production is completed and made publicly available during the term of this Agreement.
2.1.2 You may sub-license and/or transfer ownership of the rights granted to you under 2.1.1(b) above, to third parties, (provided for the sake of clarity that the End-User Production is completed during the term of this Agreement).
2.2 License restrictions
2.2.1 You may only use the Music Pieces in End-User Productions being short-form non-commercial audio-visual productions (meaning for your personal use and, in particular, not promoting a brand or a product), except for self-promotional use by small business owners/prosumers (which for avoidance of doubt does not include promotion in paid media space), and without limiting the generality of the foregoing, you may not use any Music Piece in (i) TV or SVOD productions, (ii) radio/podcast productions or similar, (iii) feature films, (iv) vignettes/theme songs, (v) corporate identification material (meaning sound-logos) or (vi) advertisements/commercials (meaning productions published within paid media space, such as, but not limited to; TV/cinema/radio/podcast commercials, out-of-home displays, and online pre/mid/post-rolls).
2.2.2 You have the right to use the Music Pieces in End-User Productions being boosted on social media platforms, whereby boosted shall mean buying of for example additional reach or views, higher conversion or more followers (irrespective of if the content is thereby labelled as “boosted”, “sponsored” or a similar term or is displayed without any such label).
2.2.3 You may only use the Music Pieces under and subject to the rights and licenses granted under or in accordance with this Agreement. All rights not expressly granted hereunder are reserved by Epidemic Sound. Notwithstanding what is set out in Section 2.1, you may not:
(a) make available, or in any other way exploit the Music Pieces for the purpose of making the Music Pieces (in whole or in part) available, on a stand-alone basis (hence available outside of the Application or without being synchronized with an End-User Production in accordance with the purposes this Agreement), nor repackage the Music Pieces or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems, nor upload the Music Piece(s) in Content ID or any other similar system for any purpose and/or in any way use, distribute or otherwise exploit the Music Pieces as your property;
(b) edit the Music Pieces in any way that would alter the fundamental character of the portion of any Music Piece being used, or that would give rise to any copyright or other rights for you in the edited Music Piece (including without limitation that no remixes, samples or derivative works of the Music Pieces may be made);
(c) use the Music Pieces in connection with any material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Music Pieces and/or any third party; or
(d) incorporate any End-User Production containing any Music Piece in any other application or video game.
2.3 You shall comply with any applicable laws and regulations.
2.4 You may not allow and receive remuneration from the display of advertisements or premium pro-rata revenues in connection with making available your End-User Productions on social media platforms, such as YouTube offering such possibility (i.e. monetize). We reserve the exclusive right to monetize on your End-User Productions on all channels and platforms.
3. Ownership and intellectual property rights
3.1 Epidemic Sound AB (parent company of Epidemic Sound) hold all rights, title and interest in and to the Music Pieces and is the sole right holder in respect of the Music Pieces.
3.2 You hereby acknowledge that you do not acquire any proprietary rights as a result of this Agreement in relation to any Music Pieces or to any other intellectual property held by us or our affiliates. The Music Pieces are our sole property.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 WE OFFER THE MUSIC PIECES AS-IS AND AS-AVAILABLE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MUSIC PIECES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN FULL OR IN PART UNDER MANDATORY APPLICABLE LAW, THIS DISCLAIMER MAY NOT APPLY TO YOU.
4.2 TO THE EXTENT POSSIBLE, IN NO EVENT WILL WE OR PICSART, INC. BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS LICENSE OR USE OF THE MUSIC PIECES, EVEN IF WE OR PICTSART, INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. FURTHER AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR OR PICSART, INC.’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED USD 1,000. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART UNDER MANDATORY APPLICABLE LAW, THIS LIMITATION MAY NOT APPLY TO YOU.
5. Term and termination
5.1 This Agreement shall enter into force upon your acceptance of the terms and conditions set forth herein (and no later than your first use of any Music Pieces in the Application) and shall be in force until terminated by us or until the agreement between us and PicsArt, Inc. regarding the inclusion of the Music Pieces in the Application has expired or been terminated.
5.2 We may terminate this Agreement at any time, including for reason of your actual or suspected unauthorised use of the Music Pieces or other non-compliance with the provisions set forth in this Agreement.
5.3 After the termination or expiry of this Agreement and unless terminated based on your material breach of this Agreement, the rights granted to you under Section 2.1.1(b) shall continue to apply in accordance with the terms of that provision in respect of such of your End-User Productions that have been finished and made publicly available before the date of termination or expiry of this Agreement.
6. Assignment
You may not wholly or partially assign or pledge any of your rights and/or obligations under this Agreement without our prior written consent. We may transfer this Agreement and/or wholly or partially assign or pledge any of our rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.
7. Amendments
Occasionally we may, in our discretion, make amendments to this Agreement. By continuing to use the Music Pieces in the Application after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.
8. Severability
To the extent possible, if any provision of this license is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this license without affecting the enforceability of the remaining terms and conditions.
9. Governing law and dispute resolution
9.1 Unless otherwise required by mandatory law, this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard its principles of conflicts of law.
9.2 Unless otherwise required by mandatory law, any and all disputes, claims or controversies arising out of or related to this Agreement, or the breach, termination or invalidity thereof, including any claims under any statute or regulation shall be submitted for binding arbitration. Unless we and you agree otherwise, any arbitration shall take place in State of New York, New York County, and shall be administered by, and pursuant to the rules of, JAMS. The language of the proceedings shall be English.
EyeEm Photo Content
Content may not be used for print advertising. You may not use the content as a trademark for a business. You may not download the content unedited.
Video – MPEG LA AVC Product
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
123RF Photo Content
You may not use 123RF content without modification or on its own separate from a larger project or end use created on Picsart.
You may not use the content as a logo or trademark for a business.
Getty Images (US), Inc.
You may have access to still image and video content licensed by Getty Images (US), Inc. (“Getty Content”) solely for use on the Services on which the Getty Content is made available by Picsart to you. You agree that you will not: (i) sell, modify, re-use, or re-sell the Getty Content on a stand-alone basis; (ii) activate the “right-click” function in connection with the Getty Content; or (iii) obtain any ownership rights to the Getty Content. You may use the Getty Content to create end uses for personal and commercial purposes and all such end uses must be created with the Services (e.g. you may not copy, download, or export Getty Content from the Services for manipulation or use with another platform).
Restricted Uses of Getty Content.