Last modified: September 2, 2020.
PicsArt provides a wide range of PicsArt Services, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant PicsArt Services, and those additional terms become part of your agreement with us if you use those PicsArt Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN MORE ABOUT ARBITRATION AND
USE OF PICSART BY PEOPLE UNDER 13 IS STRICTLY PROHIBITED. IF YOU ARE UNDER 13, DO NOT SIGN UP FOR PICSART OR USE ANY OF THE PICSART SERVICES. UNDERAGE ACCOUNTS DETECTED BY PICSART, INCLUDING ALL CONTENT, WILL BE DELETED WITHOUT A SUBSCRIPTION REFUND.
BY CREATING A PICSART ACCOUNT OR USING THE PICSART SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, AS UPDATED FROM TIME TO TIME. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PISCART SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OF THE PICSART SERVICES.
TABLE OF CONTENTS
License: Subject to your compliance with the Terms, PicsArt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make use of the PicsArt Services. Except for User Content (defined below), PicsArt owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any PicsArt servers, infrastructure, or the PicsArt Services we offer.
PicsArt Content License: The PicsArt Services contain information or material, including, without limitation, data, text, images, stickers, usernames, graphics, photos, profiles, music, audio and video clips, and links (“Content”) owned by PicsArt and its licensors (collectively, the “PicsArt Content”). PicsArt Content is protected by copyright, trademark, trade dress, patent, trade secret and other intellectual property rights, and PicsArt and its licensors own and retain all rights in the PicsArt Content. PicsArt owns and retains all interest and rights in and to the PicsArt Services; we do not transfer title to any PicsArt Content or any portion of the PicsArt Services to you. PicsArt hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce and display the PicsArt Content (excluding any software code) for your personal and non-commercial use in connection with your use of the PicsArt Services, unless otherwise permitted under a PicsArt Fee-Based Subscription or other specific documentation or license. However, under no circumstances can you rent, re-sell, or distribute PicsArt Content on a stand-alone basis. While PicsArt prohibits certain conduct and Content on its PicsArt Services, PicsArt does not monitor, and PicsArt is not responsible for, user Content or activities of the users of the PicsArt Services.
PicsArt Commercial Use Content: The PicsArt Services identify PicsArt Content available for commercial use as part of a PicsArt Fee-Based Subscription (“Commercial Use Content”). In addition to rights we grant you under the PicsArt Content License, you may copy, modify, and create derivative works of Commercial Use Content, and distribute your derivative works that incorporate Commercial Use Content, for your commercial purposes as permitted by the functionality of the Services.
Visual Arts, Video and Music Content – Third Party: Certain PicsArt Services may include the ability for you to use, or add to your Content, third party licensed visual arts, video and music content.
PicsArt Fee-Based Subscriptions: The PicsArt Services may include fee-based subscriptions giving you access to enhanced levels of PicsArt Services and additional PicsArt Content. A PicsArt Fee-Based Subscription is sold to an individual PicsArt user, and you may not share that subscription with anyone else. Payment of a fee to PicsArt for enhanced levels of PicsArt Services does not change the service license PicsArt grants to you under the Terms. You may access and make use of such enhanced PicsArt Services on up to ten devices on a single operating system.
The PicsArt Services that may be accessed after payment are subject to a payment of certain fees as determined by us from time to time, which shall be made via credit card or such other payment method as accepted or directed by PicsArt. All subscription fees are quoted in U.S. Dollars unless otherwise specified by PicsArt. The subscription fees are exclusive of all taxes, which shall be borne by you.
The paid subscription to these PicsArt Services is based on an auto-renewal basis. As such, your subscription will automatically renew upon the end of your applicable subscription period (e.g., annual basis) corresponding to the term of your subscription unless cancelled in accordance with the terms of your subscription. If your subscription renewal begins on a day not contained in a given month, then we will charge you on the last day of such month. You acknowledge and agree that the timing of when you are billed and the amount billed may vary due to free trials and other promotional offers, credits applied to your account, and changes in your subscription, and you hereby authorize us to charge you for the corresponding amounts. You are solely responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your subscription if we are unable to successfully charge your payment method to renew your subscription. When your subscription ends, you will lose access to the PicsArt Services that require a subscription.
If we offer you a promotion or a promotional price for your subscription, the specific terms of the promotion will be disclosed or made available to you when you select your subscription plan and agree to the Additional Terms that will be provided to you and describe the particular promotion for your selected subscription plan. In the case of promotional pricing, after your promotion ends, we will begin billing you for your subscription at the regular price after the promotion ends unless you cancel your subscription prior to the end of the promotion.
We reserve the right to change, modify or vary the price, package and features of the PicsArt subscription plans that we make available from time to time. If we change or modify the price and package of such subscription plans, we will provide you with advanced notice of the applicable changes or modifications. You may discontinue to use the PicsArt Services offered under a subscription plan and request the cancellation of your subscription to such PicsArt Services at any time. We will not be liable for reimbursing you for the cancellation of your PicsArt subscription.
You may cancel your subscription by accessing your account information and following the posted instructions for cancellation of your subscription. By cancelling your membership, your account will automatically close at the end of your current billing period. Upon cancellation of your subscription, you may continue to use the applicable PicsArt Services through the remainder of your subscription term, as well as any Content that you previously created or reproduced through use of such PicsArt Services as of the date of cancellation of your subscription, provided that such use must be in compliance with these Terms.
PicsArt Services and Your Content: Subject to these Terms, the PicsArt Services allow you to create Content and engage in the following personal activities:
- store your Content privately with PicsArt or on your device;
- share your Content with PicsArt user(s) via direct message within the PicsArt Services;
- share your Content publicly with the PicsArt community;
- allow PicsArt and others to freely duplicate, edit and create and distribute derivative works of your Content within the PicsArt Services through the use of #freetoedit when you share your Content publicly with the PicsArt community;
- allow PicsArt and others to freely duplicate, edit and create and distribute derivative works of your Content within the PicsArt Services when you post your Content to the PicsArt community as a sticker; and
- share your Content to a third-party service, such as Instagram or Facebook.
PicsArt Community: The PicsArt Services includes hosting of an artistic supportive social media community of creators in forums that allow users to share certain Content, comments, communications and opinions with others in the PicsArt community, all in accordance with PicsArt’s community membership commitments, obligations and responsibilities, and the Terms.
PicsArt Community Support: PicsArt avidly supports its community of creators. Our support includes maintaining strong processes and controls, under which PicsArt may in its sole discretion: (1) modify or terminate the PicsArt Services; (2) refuse or deny access to the PicsArt Services; (3) force forfeiture of or change any username for any reason, including, but not limited to, inactivity, trademark violation, impersonation or tendency to mislead; (4) remove any Content and terminate accounts in our sole discretion for reasons that include use of the PicsArt Services or posting of Content that is unlawful, offensive, harmful, inappropriate, predatory, discriminatory, threatening, libelous, defamatory, pornographic, sexually explicit, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Ads, Offers, Sponsored Content and Promotions: The PicsArt Services may from time to time include ads, offers and sponsored content. We provide such ads, offers, and sponsored content to enable us to offer free base-level PicsArt Services accounts, as well as content and contests that are current and relevant to our users.
- Some of the PicsArt Services feature third party and PicsArt advertisements and promotions. You agree that PicsArt may place any 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.
- PicsArt provides submission terms, official rules and/or guidelines for certain activities on the PicsArt Services including, without limitation, challenges, contests and sweepstakes. The Terms incorporate by reference the specific submission terms, official rules and/or guidelines which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms and specific official rules or guidelines, the specific official rules or guidelines for the activity in which you choose to participate shall govern.
Additional Terms: When using particular services or materials in connection with the PicsArt Services, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in these Terms (“Additional Terms”).
PicsArt Services Research and Development: PicsArt continuously develops and improves the PicsArt Services, combining community data and technologies such as machine learning and artificial intelligence, to provide its growing community of users with novel and improved product offerings. An integral part of providing PicsArt Services improvements and updated security features, including automatically-installed modifications, upgrades, and error corrections, is PicsArt’s ability to modify the PicsArt Services software.
Beta Services: PicsArt may from time to time offer certain services to you as closed or open beta services under a beta, labs, preview, non-production or similar designation for the purpose of testing and evaluation (“Beta Services”). You may accept or decline to use Beta Services in your sole discretion. Beta Services are for evaluation purposes only and may be subject to additional terms. PicsArt will have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services and further reserves the right to fully or partially discontinue Beta Services at any time and for any reason, temporarily or permanently, with or without notice. PicsArt will have no liability to you or any third party for any harm or damage arising out of or in connection with a Beta Service. BETA SERVICES ARE PROVIDED STRICTLY “AS IS” WITHOUT WARRANTY OF ANY KIND.
Refunds: No refunds or credits for cancellation of your subscription. No refunds or credits for suspension or termination of this Agreement or your account for any reason.
You may need to create a PicsArt account in order to access and use certain PicsArt Services. To protect your PicsArt account, please keep your username and password strictly confidential. You are solely responsible for maintaining the confidentiality of your username, password and other account information, and are fully responsible for all activities performed through use under your PicsArt account. If required, you will create a username and password for your PicsArt account. You must provide accurate, complete and current registration information when you register and create a PicsArt account. In consideration of your use of the PicsArt Services, you agree to: (i) provide true, accurate, current, and complete registration information about yourself as prompted by the PicsArt Services; and (ii) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete, PicsArt has the right to limit, suspend or terminate your account and your access to the PicsArt Services (or any portion thereof). You agree to immediately notify PicsArt of any unauthorized use of your PicsArt account and ensure that you exit from your account at the end of each session. PicsArt will not be liable for any damages arising from your failure to comply with this Section.
PICSART COMMUNITY MEMBERSHIP
PicsArt’s ability to provide the PicsArt Services and support the PicsArt community depends on your commitments to us and other users, and the licenses and permissions you grant to us and other users, among other conditions of use. Do not use the PicsArt Services for any illegal or unauthorized purpose. Violators will be reported and content and accounts terminated in PicsArt’s sole discretion.
- 12+ years old.
- Not a convicted sex offender.
- Not previously subject to PicsArt account termination/sanction for violation of these Terms.
- Not otherwise prohibited from holding a PicsArt account under applicable laws.
Your Content License to PicsArt:
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, sublicensable, transferable, license to use, modify, delete, add to, publicly perform, publicly display, reproduce, create derivative works of, and translate that Content, including without limitation distributing your Content through multiple tiers of the PicsArt Services in any media formats and through any media channels for any purposes. Further, you understand that PicsArt has the right to perform any technical functions necessary to offer the PicsArt Services, including but not limited to storing, reviewing, transcoding and/or reformatting your Content, whether posted, stored or shared through direct messaging, to allow its storage and use throughout the PicsArt Services. Note that PicsArt does not claim any ownership rights in the Content that you or other users post on or through the PicsArt Services (collectively, “User Content”); only the license provided here.
You acknowledge and agree, for the avoidance of doubt, that when you post to the PicsArt community on or through the PicsArt Services, your Content is made available to the public – anyone who is following your account can see it, as well as anyone who searches for the hashtag(s) with which you label the Content, if any. It also means that your Content may be featured anywhere on the PicsArt Services or in media connected with the PicsArt Services, such as email and other communications. Further, when you share your Content through a third-party service that is integrated with the PicsArt Services (such as Instagram, Facebook, or Twitter), you authorize PicsArt to deliver the Content (or a version that we’ve modified, as needed) to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible.
You represent and warrant that (1) you own the Content posted by you on or through the PicsArt Services or otherwise have the right to grant the license set forth in this section; (2) your posting and PicsArt and other user’s use of your Content, as applicable, on or through the PicsArt Services 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 PicsArt Services does not result in a breach of contract between you and a third party. You agree to pay all royalties, fees, and any other monies owing any person, business, or other third party by reason of you posting any Content on or through the PicsArt Services in violation of this section. You further represent and warrant that any Content you have posted publicly or privately stored on the PicsArt Services, or directly messaged to another user, or created using the PicsArt Services is not harmful to any person or animal and is not in violation of applicable law.
Your Content License to PicsArt Users: PicsArt offers its community the opportunity to create artistic derivative works using each other’s User Content for posting within the PicsArt community, provided such derivative works comply with PicsArt’s Community Membership terms and the Terms. User-to-user content licenses include, but are not limited to, the following:
- #freetoedit Content. In addition to and without limiting the generality of your Content license to PicsArt, described above, by posting Content on or through the PicsArt Services along with the #freetoedit hashtag, you grant to PicsArt users an irrevocable perpetual license allowing users to duplicate, create, post and distribute derivative works of your #freetoedit Content on the PicsArt Services.
- Stickers: In addition to and without limiting the generality of your Content license to PicsArt, described above, by posting or sending Content on or through the PicsArt Services as “Stickers,” you grant to PicsArt users an irrevocable perpetual license allowing users to duplicate, create, post and distribute derivative works of your Sticker Content on the PicsArt Services.
- Contests, Challenges and Promotions. PicsArt occasionally runs promotions that users enter using hashtags that may change the nature of the license you grant in your Content. Terms posted in connection with such promotions are Additional Terms that are incorporated into these Terms.
Terminating Your Content Licenses: You can end your Content license to PicsArt by deleting your Content from the PicsArt Services or by terminating your account. However, if you have designated any Content as #freetoedit or a Sticker and posted it on the PicsArt Services, or applied any of your Stickers onto an image and posted it on the PicsArt Services, that Content will remain on the PicsArt Services in perpetuity – in other words, your posted #freetoedit and Sticker Content will continue to appear on the PicsArt Services if others who have used your Content have not deleted it. You acknowledge and agree that if you make Content public and later switch it to private or delete it, we may not be able to remove it from the PicsArt Services.
Your Commitments, Obligations and Responsibilities:
Your Account: You are responsible for any activity that occurs under your username name or is associated with your account. Keep your username and password secure; change your password often.
Your Content: The following restrictions and obligations apply to any of your Content, whether you have posted it publicly or privately stored it on the PicsArt Services, or whether you have directly messaged it using a PicsArt Services direct messaging feature, or whether you have used the PicsArt Services to create the Content.
- Except as provided in these Terms, under intellectual property laws, or with a rights holder’s permission, your Content must not contain or reference any brand names, products or services of any company or any third-party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service.
- Except as provided in these Terms, under right of publicity and privacy laws, or with a rights holder’s permission, your Content must not contain any third-party personal information (e.g., image, name, email address, location or phone number).
- 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.
- Your Content must not contain writing, images, language or other material that is misleading, indecent, offensive, sexually explicit, obscene, pornographic, tortious, disparaging, malicious, defamatory, slanderous, or libelous, or depicts cruelty or harm to any person or animal or an unsafe practice.
- Your Content must not contain content, images, language, or other material that reflect, advocate, or promote bigotry, racism, hatred, harm, or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- Your Content must not promote or glorify self-harm, violence, or mutilation.
- Your Content must not depict abuse of and harm to children – PicsArt will report you and any such Content immediately to proper authorities.
- Your Content must not contain writing, images, or other material that is in violation of any applicable United States federal or state laws or regulations.
Critical Platform Prohibitions: You agree not to: (1) modify or adapt the PicsArt Services, or create or modify another website or mobile application so as to falsely imply that it is associated with PicsArt or the PicsArt Services; (2) attempt to gain unauthorized access to the PicsArt Services or its systems or networks, or access PicsArt’s private API by any means other than in compliance with rules we set on API access; (3) crawl, scrape, or otherwise cache any content from the PicsArt Services, including but not limited to user profiles and photos; (4) spam or submit any unwanted email or comments to any users of the PicsArt Services; (5) use web URLs in your username without prior written consent from PicsArt; (6) transmit any worms, viruses, or other destructive code; (7) resell or charge others for use of or access to the PicsArt Services; (8) duplicate, reproduce, transfer, give access to, copy or distribute any part of the PicsArt Services in any medium without PicsArt’s prior written authorization; (9) attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the PicsArt Services; (10) access any part of the PicsArt Services in order to build a similar or competitive service; or (11) interfere with or disrupt the integrity or performance of the PicsArt Services or data.
Feedback: PicsArt may occasionally invite you, or you may choose, to provide comments or ideas to PicsArt or its representatives about the PicsArt Services, including, without limitation, about how to improve the PicsArt Services or other PicsArt products (“Ideas”). By submitting any Ideas to PicsArt or its representatives, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PicsArt under any fiduciary or other obligation, and that PicsArt is are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Ideas, PicsArt does not waive any rights to use similar or related ideas previously known to PicsArt, or developed by its employees, or obtained from sources other than you.
INTELLECTUAL PROPERTY INFRINGEMENT REPORTING
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 U.S. Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances. If you have a valid claim, report infringement of your intellectual property by sending your claim to firstname.lastname@example.org. Any intellectual property claim, including copyright, submitted to PicsArt in writing must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive intellectual property interest; (ii) a description of the intellectual property, including any registration numbers, that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PicsArt Services that is reasonably sufficient to enable PicsArt to identify and locate the material; (iv) contact information (name, address, email, phone) for how you would like PicsArt to contact you; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
In the event you have been notified that Content you posted has been removed due to a valid copyright DMCA take-down request from a third party and you believe you have a valid basis for appealing the removal of your content, you may submit a counter-notice by sending a notification to email@example.com that includes: (i) your physical or electronic signature; (ii) identification of the content that has been removed; (iii) a statement that you have a good faith believe that the content was removed as a result of mistake of a misidentification of the content; (iv) your contact information (name, address, email, phone); (v) a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located and that you will accept service of process from the third party who submitted the initial infringement claim to PicsArt. Once PicsArt receives your counter-notice, PicsArt will send a copy of your counter-notice, including the contact information provided by you, to the third party who submitted the initial infringement claim to PicsArt. If the third party who submitted the initial infringement claim does not notify us that they have filed an action seeking a court order to restrain you from engaging in infringing activity on PicsArt within 10 to 14 business days, PicsArt will allow you to replace the content in accordance with DMCA procedures. Please note that restoration of content by PicsArt may not be technically feasible.
SERVICE INTERRUPTION; REVISIONS & UPDATES
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. You agree that PicsArt may, but is not required to, provide modifications, upgrades, error corrections or other updates, including automatically-installed modifications, upgrades, error corrections or updates (collectively, “Updates”) to the PicsArt Services, and thus may modify, with or without your knowledge, the PicsArt Services that you have already installed. These Updates may include changes or improvements to the Digital Rights Management (“DRM”) technology or other similar security system used by PicsArt to protect against the unauthorized copying of the PicsArt Services. You agree and consent to the automatic installation or application of these Updates and to only use the most updated version of the PicsArt Services provided to you by PicsArt through its application vendors.
THIRD PARTY LINKS
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.
DISCLAIMER OF WARRANTIES
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.
LIMITATION OF LIABILITY
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.
APPLICATION OF LIMITATIONS AND DISCLAIMERS
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 user Content posts or the interactions between any user and you. 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.
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.
GOVERNING LAW AND VENUE
CHANGES TO THESE TERMS
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 and notifying you via the PicsArt Services. 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.
We may send you responses or notices by email, posting within the PicsArt Services, or written communication sent by U.S. Postal Service. You hereby consent to receive communications from PicsArt in an electronic form, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your non-waivable rights.
Third Party Licensed Content Notices and Additional Terms
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.
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 Services 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 Services 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 Services 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. Parties and introduction
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 firstname.lastname@example.org.
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.
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.
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.
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.