These "Terms" are effective as of August 13, 2015 and govern your access and use of the PicsArt website or any mobile applications made available by PicsArt, Inc. (collectively, the "PicsArt Services").
THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN THE SECTION BELOW TITLED "DISPUTE RESOLUTION" WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PICSART, INC. TO BINDING AND FINAL ARBITRATION.
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the PicsArt Services.
PicsArt hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the PicsArt Services, provided that you will use the PicsArt Services only as permitted by these Terms.
Your content is yours. PicsArt does not claim any ownership rights in the Content that you, other users, or third parties post on or through the PicsArt Services (collectively, "User Content").
By displaying or publishing ("posting") any Content on or through the PicsArt Services, you grant to PicsArt a non-exclusive, fully paid and royalty-free, worldwide, sublicenseable, transferable, limited license to use, modify, delete, add to, publicly perform, publicly display, reproduce and translate that Content, including without limitation distributing, through multiple tiers, part or all of the Site in any media formats through any media channels for any purposes.
The PicsArt Services allow you to (1) keep Content private from the community by only saving to your Gallery, (2) share your Content with the PicsArt Community by uploading it to PicsArt, or (3) share your Content with third-party services like Instagram, Facebook, and others.
The PicsArt Services contain Content owned by PicsArt and its licensors (collectively the "PicsArt Content"). PicsArt Content is protected by copyright, trademark, patent, trade secret and other laws, and PicsArt and its licensors own and retain all rights in the PicsArt Content and PicsArt owns and retains all interest and rights in and to the PicsArt Services. PicsArt hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the PicsArt Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the PicsArt Services. This means that you can make your own Content that uses certain PicsArt Content (e.g., clipart) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other PicsArt Content) in other programs or applications. This applies even if you "buy" the clipart or other Content –when you purchase PicsArt Content, you receive a personal non-commercial license to use the Content; you do not own PicsArt Content.
Certain PicsArt Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such PicsArt Content is restricted to the purchase and sale of a license to such PicsArt Content, and shall not convey ownership of any such PicsArt Content or intellectual property rights to you.
You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any PicsArt Content or User Content or any other third party Content appearing on or through the PicsArt Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:
Some of the PicsArt Services are supported by advertising revenue and may display advertisements and promotions. You agree that PicsArt may place advertising and promotions on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The PicsArt Services may include virtual strings or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content"). You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicenseable and revocable basis for non-commercial use only. If you deactivate your account, you will no longer have access to previously Purchased Content even if you later re-activate your account or create a new account. PicsArt reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, PicsArt's obligations to provide Purchase Content are deemed fulfilled, and PicsArt makes no representation that Purchased Content will be available to the purchaser for any length of time nor that the PicsArt Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT PICSART IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.
PicsArt specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the PicsArt Services any material that infringes any proprietary rights of any person or entity, including copyrights. PicsArt will remove any and all PicsArt Content or User Content if properly notified that such PicsArt Content or User Content infringes another's intellectual property rights. We respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances. To learn more about PicsArt's policy regarding intellectual property infringement or to report a claim, please see our DMCA policy, available at www.picsart.com/dmca.
There may be occasions when the PicsArt Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. PicsArt encourages you to maintain your own backup of your User Content. In other words, PicsArt is not a backup service.
The PicsArt Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under PicsArt's control, and PicsArt does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
THE PICSART SERVICES AND PICSART CONTENT ARE PROVIDED ON AND "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PICSART MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PICSART SERVICES; (B) THE PICSART CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICSART OR VIA THE PICSART SERVICES. PICSART HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
PICSART DOES NOT REPRESENT OR WARRANT THAT THE PICSART SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PICSART SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PICSART DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR PICSART CONTENT) AVAILABLE ON OR THROUGH THE PICSART SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PICSART SERVICES IS AT YOUR SOLE RISK. PICSART DOES NOT WARRANT THAT YOUR USE OF THE PICSART SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PICSART SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT PICSART DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICSART, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE PICSART SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PICSART SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE PICSART SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF PICSART SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PICSART SERVICES OR THROUGH THE PICSART SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PICSART SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE PICSART SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING PICSART CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PICSART SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICSART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PICSART'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PICSART SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
You acknowledge that PicsArt does not control the interactions between any user and you, nor does PicsArt control or monitor any User Content. You acknowledge and agree that PicsArt does not assume any responsibility or liability for User Content generated by you or any user of the PicsArt Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the PicsArt Services, including your interactions with other users. You agree that PicsArt will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the PicsArt Services. If there is a claim or dispute between you and any other user or third party, PicsArt is under no obligation to become involved. You understand and agree that PicsArt is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge PicsArt, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the PicsArt Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to defend (at PicsArt's request), indemnify and hold PicsArt and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the PicsArt Services or those conducted on your behalf): (i) your User Content or your access to or use of the PicsArt Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PicsArt in the defense of any claim. PicsArt reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PicsArt.
Although the PicsArt Services may be accessible worldwide, PicsArt makes no representation that the materials and/or content made available in connection with the PicsArt Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this PicsArt Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this PicsArt Services is void where prohibited. BY ACCESSING OR USING THE PICSART SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PICSART SERVICES.
Users may not download, use, export or re-export any materials or Content (including User Content and PicsArt Content) posted or submitted on or through the PicsArt Services or any software utilized or available in connection with the PicsArt Services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
PicsArt reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, PicsArt will notify you by posting the updated Terms to the PicsArt Website. Your continued use of the PicsArt Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the PicsArt Services. You agree to review the PicsArt Website periodically for any such changes to the Terms.