Terms of Use

Welcome to Picsart! These are our terms of use, and they govern your use of Picsart, Efekt, and the other products, services, and software we offer (collectively, the “Service”). “We”, ”our,” or “us” refers to PicsArt, Inc. and our subsidiaries. “Picsart” refers to the Service. By using Picsart, you agree to these terms, our Privacy Policy, our Community Guidelines, and the other policies we post. Please read these terms carefully.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION BELOW.

Who can use Picsart

You must be at least 13 years old to use Picsart. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.

If you accept these terms or use Picsart on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words “you” and “your” in these terms include you and that business or entity.

Privacy

Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of our Service.

Abusive conduct

You are responsible for all activity on your account. Don’t do anything illegal, abuse others, or misuse the Service. If you violate our policies we may suspend your access to certain features or terminate your account. For more information about your conduct obligations, review our Community Guidelines and Security Policy.

Subscription and billing

Subscription and Fees

Much of our Service is free of charge, which we refer to as “Picsart Free”. We also offer subscription plans that provide access to enhanced services and additional Picsart Content for a fee (a “Subscription”). You may purchase a Subscription directly from us or through a third party, such as the iOS App Store or Google Play. If you purchase a Subscription from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Service.

Your payment to us or the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period (see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.

Unless we specify that your Subscription includes use of the Service by multiple users, your Subscription is for a single user only, you may not share your Subscription with anyone else, and you may access and use your Subscription on up to ten devices on a single operating system.

Payment Method

Unless otherwise indicated, you are required to provide a credit card or other payment method that we, or the third party through which you purchased the Subscription, accept to pay the applicable fee for a Subscription. We or such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. We reserve the right to cancel your Subscription if we are unable to successfully charge your payment method.

Billing Period

We or the third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free Trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.

The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize us to charge you for these varying amounts, if any.

Cancellation and Refunds

You can cancel your Subscription by signing in to your account and following the instructions for cancelling your Subscription. If you purchased your Subscription through a third party, such as the Apple App Store or Google Play, you may need to cancel through that third party.

If you cancel your Subscription, you will continue to have access to the applicable Service and any Content you created through the end of your current billing period. Your account will be downgraded to Picsart Free at the end of the billing period.

All payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.

Free Trials and Promotions

From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.

Using Picsart

Our Service

Picsart allows you to create, edit, publish, store, and share images, stickers, videos, and other content, and to interact with other users and their content. Certain aspects of the Service may be available only in app, on the website, or another Service type. Some features may not be available in your country or region.

Your Account

You may need to create an account to use portions of the Service. If you create an account, you must provide us with accurate information, in good faith, and keep your information updated if it changes. You are responsible for safeguarding your account, so please read our Security Policy.

Your License to Use Picsart

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service. Excluding Content provided by users, we own and retain all rights, title, and interest in and to the Service. These terms do not grant you any rights to our graphical user interface, trademarks, or service marks. Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.

Advertising and Promotions

The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.

We provide submission terms, official rules, and/or guidelines for certain activities on the Service, including challenges, contests, and sweepstakes. These terms of use incorporate by reference the specific submission terms, official rules, and/or guidelines which appear in connection with a particular activity.

Content

Content on the Services

You are responsible for your use of the Service and for any information, data, text, images, stickers, usernames, graphics, photos, profiles, music, audio, videos, links, or other materials (“Content”) you post to the Picsart community, including compliance with applicable laws, rules, and regulations. The Content you post to the community is made public, so you should only post Content that you are comfortable sharing with others. Your Content may be featured anywhere on the Service or in media connected with the Service, such as email, search results, social media, and other communications.

You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All Content is the sole responsibility of the person who posted such Content. While we prohibit certain conduct and Content on our Service, we may not monitor or control the Content posted via the Service, and we are not responsible for such Content.

We reserve the right to remove Content that violates these terms or our Community Guidelines, including copyright, trademark, or other intellectual property violations, sexually explicit Content, or Content that we determine is otherwise inappropriate.

Reporting Infringement

If you believe your Content has been copied in a way that constitutes copyright infringement, you can report infringement of your intellectual property by following the procedures outlined in our Copyright Dispute Policy.

Grant of Rights to Your Content

We do not claim any ownership rights in the Content that you post on or through the Service.

By posting Content to the Service, you grant Picsart a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, create derivative works, display, and perform it—for any purpose in connection with the Service and our business, including for the purpose of promoting and redistributing part or all of the Service. This license is perpetual and authorizes us to make your Content available to other users on the Service.

By posting Content to the Service and tagging such Content #freetoedit, you grant to each other Picsart user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, prepare derivative works, display and perform it—only for personal and non-commercial purposes, and only as permitted by the functionality of the Service.

By posting Content to the Service and tagging such Content #freeforbusiness, you grant to each other Picsart user a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content—including to reproduce, distribute, prepare derivative works, display and perform it—for any purpose including commercial purposes, only as permitted by the functionality of the Service.

You represent and warrant that (1) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted in this section for any Content you post on or through the Service; (2) your posting, and Picsart’s and its users’ use, of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or other intellectual property rights or any other rights of any person, company, or other third party; and (3) the posting of your Content on the Service does not result in a breach of contract between you and a third party.

You can end your Content license to us by deleting your Content from the Service or by terminating your account. However, if you have designated any Content as #freetoedit or #freeforbusiness or created any Sticker and posted it on the Service (whether as part of a larger image or on its own), that Content may remain on the Service in perpetuity – in other words, your #freetoedit and #freeforbusiness Content and Stickers will continue to appear on the Service if others who have used that Content have not deleted it. Accordingly, if you make Content public and later switch it to private or delete it, we may not be able to remove it from the Service.

Picsart Content

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, and perform Content owned by us or our licensors (“Picsart Content”) only for your personal and non-commercial use and only as permitted by the functionality of the Service.

We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, perform, and create derivative works of Picsart Content identified as being available for commercial use on the Service (“Commercial Use Picsart Content”), and distribute your derivative works that incorporate Commercial Use Picsart Content, for any purpose including commercial purposes, only as permitted by the functionality of the Service.

Disclaimers and limitations of liability

No Warranties

THE SERVICE AND PICSART CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO: (A) THE SERVICE; (B) PICSART CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY USER ON THE SERVICE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICSART OR VIA THE PICSART SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICSART, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “PICSART PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE PICSART PARTIES’ AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PICSART, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PICSART PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General

Governing Law

These terms and our Privacy Policy are governed by the laws of the State of California without giving effect to any conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Judicial Forum For Disputes

You agree that any judicial proceeding to resolve claims relating to these terms or the Privacy Policy will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and we consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, a member state of the European Union), this paragraph doesn’t affect that right.

Dispute Resolution

You agree that in the event of any dispute between you and us (including any disputes between you and a third-party agent of ours), you will first contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

In the event a dispute cannot be resolved through communications with us, you agree that any claim, counterclaim, controversy, or other disputes between you and us or you and a third-party agent of ours arising out of or relating to these terms or our Privacy Policy or your use of the Service shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and such dispute shall be resolved in San Francisco, California. All equitable and legal remedies that would be available in a federal, state, or local court will be available in arbitration, except that if either party seeks a public injunction, that claim or prayer for private injunctive relief must be adjudicated by a federal, state, or local court and not the arbitrator.

Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction. Any cause of action brought by you against us, or our affiliates, officers, directors, or agents, must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.

You agree that the U.S. Federal Arbitration Act governs this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Dispute Resolution provision will survive any termination of these terms.

Severability

If any part of these terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Waiver

Any failure by us to enforce or exercise any provision of these terms or related rights will not constitute a waiver of that right or provision.

Notices

You agree that we may provide disclosures and notices required by law and other information about your Picsart account to you electronically, by posting it on our website, pushing notifications through the Service, or by emailing it to the email address listed in your Picsart account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies, and such disclosures will constitute notice to you at the time of publication.

Changes to These Terms

We may modify these terms at any time. If we make any material changes, we’ll notify you as described in the “Notices” section above; if you continue to use the Service after that, you will be deemed to have accepted the changes. If you object to any change, your only recourse will be to terminate your Picsart account and stop using the Service.

Notices for third party licensed content

Bob Ross

®Bob Ross name and images are registered trademarks of Bob Ross Inc. All Rights Reserved. Used with permission.

Shutterstock Photo Content

  • Content is for digital use within Picsart only and may not be used for printing.

  • You may not use the content as a trademark for a business.

  • You may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment.

  • You may only use the content in campaigns and content created on Picsart, and not with other website or content services.

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.

Popular – AudioByte Music Content

Without limiting the generality of the Terms, you agree that you will not attempt to modify any AudioByte Content obtained through the Picsart Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You agree not to redistribute, broadcast, publicly perform or publicly display any AudioByte Content, or otherwise transfer any AudioByte Content obtained through the Service except as embodied in AudioByte Content as made available to you and as permitted herein. Picsart and/or the owners of the AudioByte Content may, from time to time, remove AudioByte Content from the Picsart Service without notice. The owners of AudioByte Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. The AudioByte Content and other related information made available to you through the PicsArt Service are provided “as-is” and “as available” without warranties of any kind from Picsart or any owners of AudioByte Content. To the full extent permissible by applicable law, Picsart and all owners of AudioByte Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Picsart nor any owner of AudioByte Content warrants that the Picsart Service or any software, Content, AudioByte Content, information, materials or products included on or otherwise made available to you through the Picsart Service are free of viruses or other harmful components.

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.

Storyblocks End User License Agreement

A. Your Rights. We (Footage Firm, Inc., the operator of storyblocks.com, videoblocks.com, graphicstock.com, and audioblocks.com) grant you a perpetual, worldwide, limited, non-exclusive, non-transferable right to incorporate the Stock Files you obtain from us into a work you create. You may incorporate our Stock Files into any project, including feature films, broadcast, commercial, educational, print, multimedia, games, merchandise, and the internet. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not share the underlying individual Stock File as a standalone file with a third party. (However, you can share the Stock Files with your client or other third party for the limited purpose of getting their help with your specific project, assuming you are adding substantial value to the project apart from the Stock Files. Otherwise, they need their own license.) You also agree to use your best efforts to secure the Stock File from being accessed by a third party as a standalone file, but since that’s not always possible, your inability to prevent copying will not be considered a breach of this License.

B. Our Guarantee. We promise that if you use our Stock Files as described in this License, your use will not infringe on the rights (such as copyrights) of a third party (the “Limited Warranty”). We’ll also put our money where our mouth is. In fact, we will provide you up to $20,000 in indemnification if you incur any direct damages from our breaking this promise. Because that’s a big number, we need to make a few things clear, so here come some capital letters. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. OUR MAXIMUM AGGREGATE LIABILITY FOR ALL BREACHES OF THE LIMITED WARRANTY WILL BE LIMITED TO THE LESSER OF THE ACTUAL, DIRECT DAMAGES SUFFERED BY YOU DIRECTLY ARISING FROM SUCH BREACH AND TWENTY THOUSAND DOLLARS.

Note that trademarks, logos, or copyrights depicted within our Stock Files are not covered by this guarantee. For example, if one of our videos depicts someone holding a brand-name beverage, that label may be protected by copyright and trademark law and should be used at your own risk. (We wouldn’t want you to think that this License lets you reprint Coca-Cola cans.)

C. Limitations. There are a few other limitations we have put in place to protect our artists and other customers:

1. You cannot sell, license, or redistribute our Stock Files, nor can you build your own stock media site with our files. You cannot create a trademark or logo based on our Stock Files. You cannot use automation, such as computer scripts, to download or “scrape” high volumes of our Stock Files. Finally, you cannot use the Stock Files to harm minors, to encourage violence, or for an unlawful purpose, such as defamation.

2. For Stock Files that depict identifiable people (“Models”), you must not depict the Models in a way that a reasonable person would find offensive. Just to be clear, the issue is whether the depiction of the Models themselves is offensive, not whether your project as a whole may be offensive. For example, you could use Stock Files with Models in a documentary about a rare and embarrassing medical condition, but you should not depict the Models in a way that suggests they personally carry the condition, unless our video clip already depicts them that way.

3. For our audio Stock Files, your license does not restrict your right of public performance, but a cue sheet may be required to satisfy the requirements of Performance Rights Organizations (“PROs”). Also, this License allowed you to use our audio clips in YouTube videos, but since we are not associated with YouTube, we cannot prevent other people from incorrectly claiming that your video violates a copyright. If you get such a claim, let us know, and we will make our best efforts to help you resolve the problem. Still, platforms like YouTube could block your content for reasons beyond our control.

4. Some Stock Files may have additional restrictions, such as “editorial use only,” which will be noted in the clip’s details.

D. Other Legal Provisions. This part may not be fun to read, but it’s important nevertheless.

This Agreement will be governed by the laws of the State of Delaware, excluding its body of law relating to conflicts of law and copyright law. If any provision of this Agreement is found invalid, the other provisions will not be affected.

Except for claims brought in small claims court, all disputes about this Agreement will be settled by arbitration pursuant to the rules of the American Arbitration Association (“AAA”), subject to the Federal Arbitration Act. The dispute may be arbitrated either by JAMS or AAA. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

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.

Last updated: April 13, 2022