Terms of Use

Last Updated: October 20, 2021

1. Introduction

BY READING THESE TERMS OF USE, CREATING A PICMAKER ACCOUNT, OR USING OUR SERVICES, YOU ARE ASSENTING TO AND ACCEPTING A BINDING CONTRACT.

Welcome to Picmaker.com (“Picmaker” or “we”), an Animaker Inc. website-creation platform that aims to improve graphic design for all users and to enrich the experience of content creation for social media platforms. Please read these Terms of Use carefully. These Terms of Use set forth the legally binding terms and conditions for your use of Picmaker. The terms “Picmaker”, “our”, “us”, and “we”, refers to Picmaker.com and the terms “you”, “your”, “user”, and “customer” refer to any visitor of our website. In these terms, “include” or “including” means “including but not limited to,” and any examples we provide are for illustrative purposes only.

By visiting our site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, which also incorporates our Privacy Policy and our Cookie Policy, whether or not you are a registered user. If you do not agree to these Terms of Use, we respectfully ask that you refrain from the use of our website.

If you are using Picmaker or creating an account with Picmaker on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of that party with the authority to bind that party to these Terms of Use and to grant licenses set forth herein; and you agree to these Terms of Use on behalf of your party.

Any new features, tools, or content which are added to the current website will also be subject to the Terms of Use. As we continuously improve and expand our services, these terms of use might change, so please check it periodically. We reserve the right to update, change, remove, or replace any part of these Terms by posting updates and/or changes to our website at any time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Summary: Welcome to Picmaker! Heads up - by using Picmaker, you agree to these terms, even if you do not create an account. These terms may be updated by us at any time, so you should regularly check back for updates. However, we will always try to notify you by email of any major changes.

2. Age Requirement and Minor’s Use

By creating an account or using Picmaker services, you represent that you are at least 13 years of age. If you are under the age of majority in your jurisdiction, you represent that your parent(s) or guardian(s) have read, and have agreed to, these Terms of Use.

If you are a parent or guardian of users under the age of majority, by allowing your child to use Picmaker’s services, you are subject to the Terms of Use in this agreement, and are responsible for the actions of your child.

Summary: Sorry, kids! You must be at least 13 years old to use our website. If you are not yet 13 years old, you must have consent from your parent or guardian.

3. Privacy Policy

Picmaker requires the collection of some User information in order to properly operate the website and to provide the best service to the Picmaker Users. We use User information to enhance the website and to manage recommendations to Users. Please review our Privacy Policy found here for more information.

Summary: Please review our Privacy Policy, because we take your privacy seriously. The summary sections provide a brief explanation in “plain English” for your convenience, but please still review the entire policy.

4. Account

In order to open an account, you will be asked to provide Picmaker with certain information, including, but not limited to: an account username, password, and email address. You are solely responsible for maintaining the confidentiality of your account and your password, and for restricting access to your computer. You are responsible for any activity on your account. Do not let others gain unauthorized access to your account, and practice Internet safety.

Unless expressly permitted in writing by Picmaker, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Picmaker reserves all legal rights and remedies to prevent unauthorized use of Picmaker’s services.

Summary: Shhhhh! It is your responsibility to keep your account information confidential. You may not provide access to your account to anyone else.

5. Payment Information

Picmaker.com has premium features that can be accessed for a fee or other charge. If you elect to add any premium services to your account, you agree to the pricing and payment schedule listed on the Picmaker website, which may change from time to time. Additionally, Picmaker may add new services or modify existing services for additional fees.

Any monthly subscription plan that you purchase will not be refundable for the month in which the plan is purchased. In the event that Picmaker suspends or terminates your account, you understand and agree that you shall receive no refund or exchange of any credits for any unused time or services under your monthly subscription.

Summary: You gotta pay to play. If you decide to purchase our premium features, you agree to the pricing listed on our website.

6. Licensing

Picmaker’s services are owned and operated by Picmaker. All content, information, and other materials on Picmaker’s service platform are protected by relevant intellectual property and proprietary rights and laws. All materials are the property of Picmaker. Unless otherwise expressly stated in writing by Picmaker, by agreeing to these Terms of Use, you are granted a limited, non-sublicensable, revocable and non-transferable license to access and use Picmaker’s services for your personal use or internal business use only. The license serves as a grant of permission by Picmaker to the User for the use of the Picmaker platform.

Picmaker reserves all rights not expressly granted in these Terms of Use. Any use of Picmaker’s services except as specifically authorized in these Terms of Use, without the prior written permission of Picmaker, is strictly prohibited and may violate intellectual property rights or other laws. Picmaker can terminate this license at any time for any reason.

Summary: We made this website for you! Please don’t abuse it. You are granted permission by us to use our platform, but we may revoke this permission at any time, and for any reason.

6.1 Usage Rights with respect to third party material:

Picmaker contains third party licensed material for the exclusive use of its users. These materials have additional restrictions. While using such materials, you agree:

  • not to remove any metadata in third party licensed material,
  • use the third party licensed material solely in a manner consistent with the rights and restrictions in this Agreement,
  • to use the third party licensed material only in works created via Picmaker website, for display and usage in digital and print formats.
  • not to sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of third party licensed material.
  • not to activate the “right-click” function in third party licensed material, remove any metadata in the same, or reverse engineer, decompile,or disassemble the Picmaker website to enable the download or use third party licensed material, on a stand-alone basis.

Third party licensed material may not be used:

  • on a stand-alone basis with no other content;
  • for pornographic, defamatory or other unlawful purposes;
  • in electronic templates used to create electronic or printed products;
  • in physical or digital retail products, such as e-cards, calendars, posters,or screensavers;
  • for the purpose of enabling file-sharing of the image file; or
  • in logos, trademarks, service marks or any other branding or identifiers.

If third party licensed material featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model. You acknowledge that no ownership or copyrights in third party licensed material is granted to you. You further acknowledge that third party licensed material is available for use only in Picmaker website and/or mobile application and is not downloadable outside of Pickmaker tools.

In the event we or the third party identify any misuse by you, we will enforce these terms of service in accordance with standard practices and policies.We will investigate and address such misuse, by curtailing your access and/or take such measures that may be appropriate in the given circumstance.

Summary: Picmaker contains third party licensed materials that come with usage restrictions. You agree to abide by the same and acknowledge that misuse could result in restricting your access.

7. Prohibited Content

In addition to the general restrictions in these Terms of Use, the following additional restrictions and conditions apply specifically to your use of Picmaker’s services. Please closely review the prohibited uses below. Your use of the Picmaker services means that you assent to and understand these additional terms, and that you will not:

a. Violate any law, or encourage or provide instructions to another to do so;

b. Violate any contract between user and Picmaker;

c. Violate intellectual property rights of any individual, which includes, but is not limited to: copyright, trademark, or patent laws;

d. Commit any tort;

e. Create any content that is unlawful, an invasion of privacy or publicity rights, harassing, threatening, or abusive;

f. Impersonate any person or entity;

g. Act in any manner that negatively affects other Users’ ability to use the website, including, but not limited to: deleting, removing, modifying, or circumventing any security-related feature of Picmaker’s services, including: (a) features that prevent or restrict use, or the copying of any content accessible through the Picmaker services, and (b) features that enforce limitation on the use of the Picmaker services, or the copyright or other proprietary rights notices on the Picmaker services;

h. Collect or store information of other users;

i. Pornography: You will not:

  • Post any content that depicts sexual conduct of any person under the age of 18 (child pornography);
  • Post any content that depicts sexual content of any person without maintaining written documentation sufficient to confirm that all subjects of your posts are over the age of 18, and have proper consent to use their image and likeness in your content; and
  • Post any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.

Summary: The above actions are prohibited. Please follow the rules because you’re cool, and we don’t want to have to remove you from our website.

8. User Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for any material you may submit via the site or otherwise to us, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the site, or communicate to us, any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”

If you provide to us any Comments, whether related to the site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation to you. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.

We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment.

You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.

Summary: Only you have responsibility for your actions on our website. We have no responsibility for comments you or others make on our website, however, we may remove any comment in violation of these Terms of Use.

9. Anti-Discrimination

We do not support and will not tolerate discrimination against others. This includes, but is not limited to, discrimination based on race, sex, sexual orientation, age, disability, national origin, or religion. Promoting such discrimination on our website is strictly prohibited. At our discretion, if you post discriminatory content, we may permanently terminate or temporarily suspend your access to our website without notice and without liability.

Summary: The Golden Rule…treat others how you want to be treated. You may not use our website to post discriminatory content. We will remove any discriminatory content you post and may potentially terminate your account.

10. Anti-Violence

We do not support, and will not tolerate hostility or violence towards others. If you post content that incites violence or promotes hostility, we may permanently terminate or temporarily suspend your access to our website without notice and without liability.

Summary: Can’t we all just get along? You may not use our website to incite violence or promote hostility. We will remove your content and may potentially terminate your account if you do. Be nice!

11. Copyright and Trademark

In order to comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws, Picmaker has a dedicated email for Users and other third parties to submit notices and complaints to the Company. If you have a good-faith that your content is being stolen or violated by another user on the Picmaker website, please submit your complaint at legal@animaker.com.

By using Picmaker, you expressly grant Picmaker a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your work. You expressly grant to Picmaker your rights associated with the work you create through the use of Picmaker’s services. Design graphics created through our design module and marketplace modules are included in this section. However, Picmaker will not use User signatures provided through the E-Sign module for the purposes of marketing, advertisement, or promotional means. Picmaker will only retain e-signatures for legal obligations that may be requested by law enforcement agencies.

Summary: By using our website, you grant us a license to use your work created through our website. However, this license does not extend to other users. If you believe your content is being stolen by other users, file a complaint here.

12. Termination

Picmaker reserves the right to unilaterally, and without prior notice, remove content that it deems in violation of these Terms of Use, or terminate your account if you are found in violation of these Terms of Use. Further, Picmaker reserves the right to prevent you from accessing or purchasing any products or services that Picmaker offers.

Summary: We will remove your content without notice if it violates these Terms of Use. Please don’t make us remove you or your hard work!

13. Indemnity

You agree to indemnify, defend, and hold harmless Picmaker from any claims, losses, damages, demands, expenses, costs, and liability arising out of or related to your access, use, or misuse of Picmaker’s services , including but not limited to your violation of any third-party right such as right of privacy, publicity, or Intellectual Property Rights and breach of any terms under this Agreement .

Summary: You are responsible for all costs if we suffer damages or claims related to your use of our website or your violation of these Terms of Use or any applicable law. This is another reason why it is important for you to read these Terms of Use.

14. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PICMAKER SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PICMAKER; (B) PICMAKER DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE PICMAKER SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) PICMAKER RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE PICMAKER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) PICMAKER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE PICMAKER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PICMAKER SERVICES SAFE, PICMAKER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PICMAKER SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PICMAKER WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICMAKER OR THROUGH THE PICMAKER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Summary: We want to provide you and other users with the freedom to create and post whatever you want (within the rules). Because of this, we cannot provide any guarantees with respect to our website and services.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PICMAKER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE PICMAKER’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PICMAKER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PICMAKER’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PICMAKER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE PICMAKER’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PICMAKER’S SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PICMAKER SHALL LIMIT ITS LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE CREATOR AND PICMAKER OFFICERS SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT ANY REMAINING HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Summary: Again, we want to give you the freedom to post what you like. If a User violates these Terms of Use or the law, we are not liable.

16. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Summary: Don’t torch the whole thing just yet! Even if one provision is not enforceable, the other provisions of these Terms of Use will still be enforceable.

17. Governing Law

This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

18. Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. Any waiver by us must be obtained through writing and must be signed by all relevant parties in order to be effective.

Summary: Even if we do not enforce a provision at any given time, we may still enforce that provision later. Our decision to not enforce a certain provision does not give you permission to violate these Terms of Use.

19. Contact Information

If you have any questions about these Terms of Use, please email us at legal@animaker.com.