The Monkey takes user privacy pretty dang seriously. Our goal is to make PicMonkey a great experience. However, as much as we love you, we are not interested in knowing everything about you.
Here's the scoop in layman's terms
PicMonkey collects, uses and processes personal information for the purposes of making PicMonkey better, faster, or more convenient for you. The disclosure of personal information will never occur without your consent otherwise than as set out herein.
By using www.picmonkey.com and/or our related websites and applications (the "Website"), you agree that PicMonkey may collect, use and disclose this information in the manner described in this Privacy and Cookies Policy.
For the purposes of applicable data protection law, PicMonkey International Limited is the data controller.
Information we may collect
Basic registration / services information: You may give us information about you by filling in forms on our Website, registering to use the Website or through other contact with us in relation to the services provided on the Website. The information that we collect on or through our Website may include your name, e-mail address, other email addresses you associate with your personal account and graphics or photographs relevant for providing the services through the website e.g. your JPG/PNG images. If you contact us we may also keep a record of that correspondence (including e-mail addresses).
Payments information: Payments information provided by you via the Website will be stored and processed by Braintree Payments, Paypal and any other third party service providers as designated by PicMonkey from time to time. We will collect certain information on the Website required for Braintree Payments, Paypal and such third party services providers to process payments, including credit / debit card numbers, security numbers and other related payment information. All such information is subject to the privacy policy of Braintree Payments (available here https://www.braintreepayments.com/legal),Paypal (available here https://www.paypal.com/ua/webapps/mpp/ua/privacy-full) or any other third party service provider as applicable.
Usage information: Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve our Website, but we do not require cookies for many parts of our Website. PicMonkey may use both session cookies and persistent cookies to better understand how you interact with our Website, to monitor aggregate usage by our users and web traffic routing on our Website, for advertising, and to customize and improve our Website. For this purpose, we use Google Analytics, a third party service provider. Information about your visit to the Website will be shared with Google Analytics on an anonymized basis.
Although most web browsers automatically accept cookies, some browsers' settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, the Website may not function properly if you disable cookies. Users can opt-out of cookies by utilizing the settings provided in their browsers.
Information about you from other sources: We may receive information about you from third party websites, application programs and/or devices that you may elect to use in connection with the Website (including but not limited to Facebook, Pinterest, Twitter or any other third party applications listed on the Website from time to time). If you elect to use any third party application in connection with the Website, you should review their third party privacy policies in relation to any information transferred to us.
How we use your information
Internal uses: We will use the information that you provide to us or that we collect from you to provide services offered via the Website to you, to provide you with information on the services available on or through our Website, to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about; to provide you, or permit selected third parties to provide you, with information about services we feel may interest you; to administer the Website and for internal operations, including troubleshooting, and data analysis; as part of our efforts to keep our Website safe and secure; to improve the Website to ensure that content is presented in the most effective manner for you and for your computer and to deliver relevant advertising to you.
Will any of my personal information be shared with 3rd parties?
If it were up to us, spammers would be put in a monkey barrel!
We may disclose information to our affiliates or service providers and other third parties who need to know such information to support our permitted use of information and advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may make use of the personal data we have collected from you to enable us to comply with our analytics providers that assist us in the improvement and use of the Website.
We reserve the right to transfer any personal data we have about you in the event we sell or transfer all or a portion of our business or assets. If PicMonkey is ever acquired, we will provide notice before any personal information is transferred and becomes subject to a different privacy policy. It's not our goal to be acquired, but we feel that it's prudent to be clear about your rights if it happens. Your ongoing support of PicMonkey will ensure that we will never have to sell to another company.
So, does PicMonkey use cookies?
Yes, PicMonkey does set cookies to make your experience better. No, you can't eat these cookies! A cookie is actually a small data file that is transferred to your device and enables us to personalise your experience on the Website and gives us insight into user behavior. Most Internet browsers automatically accept cookies. You can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from any website you visit. If you do this, it's possible that PicMonkey might not work as well.
1. Necessary Cookies
These cookies are essential in order to enable you to navigate the Websites and use the Websites’ features, such as accessing secure areas of the Website. Without these cookies, certain services you have asked for cannot be provided.
2. Functionality Cookies
These cookies allow the Website to remember choices you make (such as your preferred region) and provide more personal features. These cookies are used to better understand how you interact with our Website and can also be used to monitor and analyze the performance, operation and effectiveness of the Website, so that we can customize and improve it.
We may place a cookie on your device to remember your preferences so that you do not need to re-enter your details (country/age etc) on our gateway page every time you want to access the Website.
We may also use session cookies, which are temporary cookies that aid your navigation through the pages on the Website, and will remember preferences you have selected during the session.
3. Performance Cookies
These cookies collect information about how you use the Website, for instance which pages of the Website you most often use. These cookies may be used to monitor usage by our users and web traffic routing on our website and for advertising purposes.
Users can opt-out of cookies by utilizing the settings provided in their browsers.
Third Party Cookies
Trusted partners like Google and DoubleClick help us serve advertising on and off the PicMonkey Website, and analytics companies like Google Analytics may also place cookies on your device. Please read our partners’ privacy and cookies policies (linked below) to ensure that you’re comfortable with how they use cookies.
We use Google Analytics to help monitor and analyse use of the Website. Google Analytics is a type of performance cookie which collects standard internet log information and visitor behaviour information in an anonymous form. The information collected by this cookie is transmitted to Google who then used it to evaluate visitors’ use of the Website and to compile statistical reports on Website activity. These cookies remain on your device even after you have logged out of the session. To opt out of being tracked by Google Analytics across all websites visit Google Analytics opt-out
We use DoubleClick cookies to monitor our online advertisements and to help us see which advertisements visitors click on and interact with. Google provides a method of permanently opting out of DoubleClick cookies. If you opt out in this way you will also be opting out for any other sites that use DoubleClick tags. These cookies remain on your device even after you have logged out of the session. To permanently opt out of being tracked by Double Click visit DoubleClick opt-out.
Are the images I upload to PicMonkey public?
Nope. Negative. No siree bob.
Can anyone use my image?
No silly, you own your images! The copyright for the image remains with you even after you use PicMonkey. We will never use your images without your consent otherwise than for the purposes of providing services to you via the Website or otherwise in accordance with our Terms of Use (please see further details in the Terms of Use attached https://www.picmonkey.com/legal#tos). For example, if we want to feature one of your public images on our blog, or use your photography on our site, the Monkey will contact you before ever publishing your work.
Will this Privacy and Cookies Policy change?
We reserve the right to modify this Privacy and Cookies Policy at any time. Any changes to this Privacy and Cookies Policy will be posted on the Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of any portion of the Website or any services provided in connection with the Website following notification or posting of such changes will constitute your acceptance of those changes.
Where We Store/Process Your Personal Information
The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), for the purposes described above. It may also be processed by staff operating outside the EEA who work for PicMonkey, our affiliates, service providers or other third parties who need to know such information to support our permitted use of information. Such staff may be engaged in, among other things, the processing of your request for information, the provision of services to you, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy and Cookies Policy.
Access to Information
You have the right to receive a copy of the personal information that we hold about you and we are entitled to charge a fee towards the cost of administering any request that you make. The fee will not exceed €6.35. You also have the right to access your data, have changed any inaccuracies in the details we hold about you, the right to object to the use of your data and the right to block any specific uses of your data by contacting us using the contact details below.
If you've got any questions or concerns, please feel free to contact us at [email protected].
These Terms of Use apply to the use of our website www.picmonkey.com our related websites and mobile device applications (together the "Websites") and all related services (the "PicMonkey Services") and all orders submitted by you on the Websites. Use of our Websites includes accessing, browsing, or registering to use our Websites. By using the Websites and PicMonkey Services you are agreeing to the following terms and conditions ("Terms of Use"), our Acceptable Use and Take Down Policy https://www.picmonkey.com/legal#autd and our Privacy and Cookies Policy (https://www.picmonkey.com/legal#privacy).
In respect of users of the Websites or PicMonkey Services in the U.S., our Websites are operated by PicMonkey LLC.
In respect of all other users of the Websites or PicMonkey Services, our Websites are operated by PicMonkey International Limited (together with its affiliates and PicMonkey LLC "PicMonkey/us/our/we"). PicMonkey International Limited is registered in Ireland under company number 577564 and has a registered office at 25-28 North Wall Quay, Dublin 1. VAT number IE3411086JH. PicMonkey can be contacted at [email protected] and telephone number: +1 206-486-2106.
The General Terms and Conditions ("General Terms") below apply to all users of the Websites or PicMonkey Services. The Royale User Terms of Purchase ("the Royale Terms") below, in addition to the General Terms and Conditions of Use apply to Website users that avail of the PicMonkey Services through membership or subscription ("PicMonkey Subscription").
Section A: General Terms and Conditions of Use
| 1 | Acceptable Use of the Websites/PicMonkey Services |
| 1.1 | You must be 13 years or older to use this site. |
| 1.2 | You must be human. |
| 1.3 | You may be a monkey, as long as you're 13 years or older. |
| 1.4 | You may not use the PicMonkey Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Alpha Centauri users must refer to Intergalactic Article 2356677. |
| 1.5 | You are responsible for any activity that occurs under your account. |
| 1.6 | If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. |
| 1.7 | You must not abuse, harass, threaten, impersonate or intimidate other PicMonkey users. Speaking of impersonations, please keep your ‘Robert DeNiro' to yourself. |
| 1.8 | You are solely responsible for your conduct and any data, text, fonts, overlays, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials (collectively, "Content") that you upload to, edit, and display using the Websites or PicMonkey Services excluding the PicMonkey Content (defined below) (the "User Content"). |
| 1.9 | You must not modify, adapt or hack the Websites and/or the PicMonkey Services or modify another website so as to falsely imply that it is associated with PicMonkey, unless you are Beyonce, or Robert DeNiro. |
| 1.10 | You must not crawl, scrape, or otherwise cache any content from the PicMonkey Services including but not limited to user profiles, photos, scripts, or graphics. Plus, the Monkey has sensitive skin and all that scraping itches and burns a little. |
| 1.11 | You must not create or submit unwanted email or comments to any PicMonkey members and/or users ("Spam"). |
| 1.12 | You must not upload or transmit any worms or viruses or any code of a destructive nature. If you suspect you have come into contact with any worms or viruses, please do us a favor and wash your hands. |
| 1.13 | You must not, in the use of the Websites or PicMonkey Services, violate any laws in your jurisdiction (including but not limited to copyright laws). |
| 1.14 | You must comply with our Acceptable Use and Take Down Policy https://www.picmonkey.com/legal#autd |
| 1.15 | While PicMonkey prohibits such conduct and content on the Websites (as described above), you understand and agree that PicMonkey cannot be responsible for the Content posted on its Websites and you nonetheless may be exposed to such materials and that you use the PicMonkey service at your own risk. |
| 1.16 | We reserve the right to refuse services to anyone for any reason at any time. No shoes, no shirt, no service. |
| 1.17 | We reserve the right to force forfeiture of any account that in the reasonable opinion of PicMonkey becomes inactive, violates trademark law or other applicable laws, or may mislead other users. |
| 1.18 | PicMonkey will normally only delete Content that violates these Terms of Use or our Acceptable Use and Take Down Policy, however, PicMonkey reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PicMonkey in order to comply with certain legal obligations and may not be retrievable without a valid court order. Consequently, PicMonkey encourages you to maintain your own backup of your Content. In other words, PicMonkey is not a backup service. PicMonkey will not be liable to you for any modification, suspension, or discontinuation of the PicMonkey Services and/or Websites, or the loss of any Content. |
| 2 | Liability and Disclaimer |
| 2.1 | To the extent permitted by law, PicMonkey excludes all conditions, warranties, representation or other terms which may apply to the PicMonkey Services, the PicMonkey Content or any Content on the Websites, whether express or implied. PicMonkey will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty, or otherwise arising under or in connection with (i) the use of the Websites, the PicMonkey Services or the PicMonkey Content; or (ii) the use of or reliance on any Content. |
| 2.2 | Where our Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these websites or resources. |
| 3 | Variations to the Websites and Terms of Use |
| 3.1 | We reserve the right to modify the Websites and the PicMonkey Services for any reason, without notice at any time. Please don't feel slighted, some days we don't even have time to call our mothers. |
| 3.2 | Any changes to this Terms of Use will be posted on the Websites. Your continued use of any portion of the Websites or any PicMonkey Services following notification or posting of such changes will constitute your acceptance of those changes. If you do not agree to be bound by the changes, then you may not use the PicMonkey Services anymore. |
| 4 | Advertising |
| 4.1 | Some of the PicMonkey Services provided through the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PicMonkey may place such advertising and promotions on the Websites and/or the PicMonkey Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. |
| 5 | User Content |
| 5.1 | PicMonkey does NOT claim ANY ownership rights in the User Content that you upload on to the Websites or through the PicMonkey Services. You retain all of your ownership rights in your User Content. You hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license to use, store, copy, modify and create derivative works based upon that User Content and to distribute and make available to third parties such User Content for all purposes in connection with operating the Websites and providing the PicMonkey Services. |
| 5.2 | You represent and warrant that: (i) you own the User Content, (ii) the uploading and use of the User Content on or through the Websites and/or the PicMonkey Services or which may incorporate the PicMonkey Content (in accordance with the terms hereof) does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading or your use of User Content on the Websites does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the Websites and/or the PicMonkey Services. |
| 5.3 | We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use or our Acceptable Use and Take Down Policy. |
| 5.4 | The PicMonkey Services contain Content of users and other PicMonkey licensors. Except as provided within these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of users or other PicMonkey licensors appearing on or through the PicMonkey Services and/or Websites. |
| 5.5 | PicMonkey performs technical functions necessary to offer the PicMonkey Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PicMonkey Services. |
| 6 | PicMonkey Content and Tools |
| 6.1 | PicMonkey grants you a non-exclusive license to use the Websites and the PicMonkey Services. These Terms of Use will also govern any upgrades that replace and/or supplement the PicMonkey Services or Websites, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. PicMonkey grants such licence to users subject always to the following restrictions: (i) the Websites and the PicMonkey Services may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce (ii) except as and only to the extent expressly permitted in these Terms of Use or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the PicMonkey Services or Websites or any part thereof and (iii) the terms and conditions set out in these Terms of Use and our Acceptable Use and Take Down Policy. |
| 6.2 | The Websites and the PicMonkey Services contain Content of PicMonkey and or its licensors (the "PicMonkey Content"). PicMonkey Content is protected by copyright, trademark, patent, trade secret and other laws, and PicMonkey and/or its licensors owns and retains all rights in the PicMonkey Content and the PicMonkey Services. |
| 6.3 | PicMonkey hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:
| 6.3.1 | reproduce and display the PicMonkey Content (excluding any software code) solely for your personal use in connection with viewing the Websites and using the PicMonkey Services; and |
| 6.3.2 | reproduce and use the PicMonkey Content (excluding software) solely to the extent required in connection with your use of your own User Content subject to the following conditions:
- such use of the PicMonkey Content must be in connection with a composition of images, texts or other Content created by You which incorporates substantial or significant change to the PicMonkey Content;
- you will ensure that any use made of the PicMonkey Content complies in full with the provisions of these Terms of Use and in particular that such use will not violate any applicable laws or infringe upon the intellectual property rights or any other rights of any person; and
- any use made of the PicMonkey Content shall include an acknowledgement that PicMonkey and/or its licensors retains ownership of all Intellectual Property Rights in the PicMonkey Content and that this Content is being provided under licence by PicMonkey.
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| 6.4 | PicMonkey shall be permitted to terminate any licence granted pursuant to section 6.3 with immediate effect in the event that any use of the PicMonkey Content does not comply with the provisions of these Terms of Use or otherwise at PicMonkey's reasonable discretion. |
| 7 | Website Availability |
| 7.1 | Although the Websites and other PicMonkey Services are normally available, there will be occasions when the Websites or other PicMonkey Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PicMonkey (e.g. warps in the space time continuum). |
| 8 | Governing Law, Jurisdiction and Venue |
| 8.1 | In respect of users of the Websites or PicMonkey services in the U.S., PicMonkey, LLC is governed by the laws of Washington. |
| 8.2 | The Terms of Use, your access and use of the PicMonkey Services or Websites and the relationship between you and PicMonkey International Limited is governed by the laws of Ireland, without regard to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts of Ireland. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, PicMonkey shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in PicMonkey's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of PicMonkey Services or the Websites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
| 9 | Termination |
| 9.1 | If you fail to comply with any of the provisions of these Terms of Use, PicMonkey, at its sole discretion, may: (i) terminate your PicMonkey account and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) preclude access to the PicMonkeyServices (or any part thereof). |
| 9.2 | We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts. If you are not really Justin Bieber, then don't use 'Justin Bieber'. |
| 10 | Section B: Royale Terms of Purchase |
| 10.1 | PicMonkey Royale. To enjoy additional editing tools and features, you may upgrade to PicMonkey's Royale membership (or "PicMonkey Royale") by purchasing a PicMonkey Subscription for a fee. In addition to the General Terms set out above, PicMonkey Royale users will be subject to these Royale Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for any and all activities that occur under your account. You agree to notify PicMonkey immediately of any unauthorized use of your account or any other breach of security. PicMonkey will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by PicMonkey or another party due to someone else using your account. |
| 10.2 | PicMonkey is under a legal obligation to supply the PicMonkey Services in accordance with the contract concluded between you and PicMonkey. A contract between PicMonkey and you for the purchase of PicMonkey Services is created as follows:
- You place the order on the Websites by pressing an order confirmation button at the end of the subscription process.
- By confirming your order, you are agreeing to purchase the subscription that you have selected.
- PicMonkey take payment for your order by means of your nominated payment method.
- Orders will usually be processed within two working days and PicMonkey will send to you a confirmation email detailing your subscription and other information we must provide to you. Once your order is confirmed, you can use the PicMonkey Services as a PicMonkey Royale member in accordance with these Terms of Use.
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| 11 | Cancellation and Refunds Policy |
| 11.1 | Right of Cancellation- Cooling Off Period
| 11.1.1 | You can cancel a contract within fourteen days without giving any reason subject to the below terms. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from PicMonkey stating that the subscription is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your right to cancel will terminate upon the earlier to occur of (i) the expiry of after fourteen days from the day of the conclusion of the contract and (ii) the commencement or your use of or access to any of the services which have been subscribed for ("the Cooling Off Period"). If you cancel your contract during the Cooling Off Period, we shall reimburse you for all payments received from you. All reimbursements shall be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless agreed otherwise. |
| 11.1.2 | Exception to the right of cancellation: You acknowledge that you cannot cancel an order for the supply of the subscribed services, where we have started delivery of those services upon your request or where you have commenced using or accessing any of the services. |
| 11.1.3 | To cancel your order: You must inform us ([email protected]) of your decision to cancel this contract (e.g. e-mail or letter). You may cancel from your account page by following these instructions but it is not obligatory. To meet the cancellation deadline, you must send your communication of cancellation before the Cooling Off Period has expired. |
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| 11.2 | Cancellations following the Cooling Off Period and Refunds Policy
| 11.2.1 | We endeavor to treat our PicMonkey Royale customers fairly. You can easily cancel online 24 hours a day. There are no cancellation fees although there are no refunds for partial months (if on a Monthly plan) or years (if on an Annual plan). |
| 11.2.2 | Ongoing Monthly Membership. If you have chosen a monthly term, your PicMonkey membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. Monthly renewals occur on the "month anniversary" of your initial purchase date. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment. |
| 11.2.3 | Ongoing Annual Membership. If you have chosen an annual (yearly) term, your PicMonkey membership will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year in order to avoid billing of the next year's membership fees to your Payment Method. Annual renewals occur on the "year anniversary" of your initial purchase date. We will bill the annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment. |
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This Acceptable Use and Take Down Policy ("Policy") together with our Terms of Use and Privacy Policy govern your use of our website www.picmonkey.com, our related websites and mobile device applications (together the "Websites") and all related services (the "PicMonkey Services") and how you may report any content on the Websites that do not comply with the below acceptable usage standards.
SECTION A: ACCEPTABLE USE POLICY
| 1 | CONTENT STANDARDS |
| 1.1 | These content standards apply to any data, text, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials which you upload, edit, display or transmit using the Websites or the PicMonkey Services (collectively, the "Content"): |
| 1.2 | Content must not:
| 1.2.1 | violate any laws (including but not limited to copyright laws) or any of the provisions of our Terms of Use https://www.picmonkey.com/legal#tos |
| 1.2.2 | contain any material which is defamatory of any person. |
| 1.2.3 | contain any material which is obscene, offensive, hateful or inflammatory. |
| 1.2.4 | promote sexually explicit material. |
| 1.2.5 | promote violence. |
| 1.2.6 | promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. |
| 1.2.7 | infringe any copyright, database right or trade mark or any intellectual property rights of any other person. |
| 1.2.8 | be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. |
| 1.2.9 | promote any illegal activity. |
| 1.2.10 | be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. |
| 1.2.11 | be likely to harass, upset, embarrass, alarm or annoy any other person. |
| 1.2.12 | be used to impersonate any person, or to misrepresent your identity or affiliation with any person. |
| 1.2.13 | give the impression that they emanate from us, if this is not the case. |
| 1.2.14 | advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. |
| 1.2.15 | create or submit unwanted emails or comments to any PicMonkey members and/or users. |
| 1.2.16 | damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots. |
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| 1.3 | In relation to the Content:
| 1.3.1 | You acknowledge and agree that you are solely responsible for the Content. |
| 1.3.2 | You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all Content. |
| 1.3.3 | You represent and warrant that the Content will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any laws. |
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| 1.4 | Failure to comply with these content standards constitutes a material breach of the Terms of Use upon which you are permitted to use the PicMonkey Services and may result in the immediate, temporary or permanent withdrawal of your right to use the PicMonkey Services. |
| 2 | SECURITY STANDARDS |
| 2.1 | You may not use the PicMonkey Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”), whether a System of PicMonkey or a System of a third party. Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Distribution of Tools for Breaching Systems. use or distribution of tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs.
- Improper Use. Use of the PicMonkey Services or PicMonkey Website or Application to try to gain unauthorized access to any other service, data, account or network by any means.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route (e.g. “spoofing”). This prohibition does not include the use of aliases or anonymous remailers.
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| 3 | NO NETWORK ABUSE |
| 3.1 | You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Interference with PicMonkey Systems. Restricting, inhibiting, interfering with, or otherwise disrupting or causing an interruption or performance degradation, regardless of intent, purpose or knowledge, to the PicMonkey Services or any PicMonkey (or PicMonkey supplier) System, or otherwise cause an interruption or performance degradation to any PicMonkey (or PicMonkey supplier) facilities used to deliver the PicMonkey Services.
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| 4 | NO E-MAIL OR OTHER MESSAGE ABUSE |
| 4.1 | You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. |
| 5 | NO REMOVAL OF REGULATORY OR LEGAL NOTICE |
| 5.1 | You will not remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the PicMonkey Services or PicMonkey Website or Application, including providing or creating links to external sites that violate this Acceptable Use Policy or other legal agreements between You and us |
| 6 | CHILDREN |
| 6.1 | The PicMonkey Services are not directed to children under 13 and we do not knowingly collect data from children under 13. You may not upload or submit any Content if you are under the age of 13. If we learn that Content has been submitted by a child under 13, we will take steps to delete such information from our files as soon as possible. |
SECTION B: TAKE DOWN POLICY
| 7 | TAKE DOWN POLICY |
| 7.1 | If you come across something on the Websites or PicMonkey Services that goes against any of our Acceptable Use terms above you can report it to us by submitting a Take Down Notice as described in Section 8 below. Upon receipt of a Take Down Notice, PicMonkey may take whatever action, in its sole discretion, it deems appropriate, including the deletion or removal of the challenged material from the Websites or PicMonkey Services. |
| 7.2 | PicMonkey also has the right (but not the obligation) to review any Content, and to delete, take down or remove any Content that we determine, in our sole discretion, (a) does not comply with the Terms of Use or this Policy; (b) might violate any laws or infringe upon any rights of third parties; or (c) might adversely affect PicMonkey's reputation or goodwill; or (d) should be taken down for any other reason determined at our discretion. |
| 7.3 | Any Content which is deleted by PicMonkey will no longer be available to you. Consequently, PicMonkey encourages you to maintain your own backup of your Content. Deleted content may be stored by PicMonkey in order to comply with certain legal obligations and in such circumstances may not be retrievable without a valid court order. |
| 7.4 | We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and we may take any other action we reasonably deem appropriate in respect of any Content which we determine is in breach of this Policy. |
| 8 | TAKE DOWN NOTICE |
| 8.1 | If you believe that any Content on the Websites or PicMonkey Services infringes upon any intellectual property right, is offensive, violates any laws, or otherwise goes against our acceptable usage standards outlined in this Policy you may contact us to request that that Content will be removed from the Websites or PicMonkey Services at the following address (a "Take Down Notice"):
PicMonkey International Limited
600 Stewart Street, Suite 2000, Seattle, WA 98101
[email protected]
+1 206-486-2106.
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| 8.2 | When submitting a Take Down Notice please include the following information:
| 8.2.1 | Your complete contact information (including your full legal name, address, telephone number and email address). |
| 8.2.2 | A description of your complaint. |
| 8.2.3 | A description of the Content which is the subject of your complaint. The easiest way to do this is by providing a web address or URL leading directly to the allegedly infringing content. |
| 8.2.4 | A description of the nature of the complaint e.g. infringement of intellectual property rights, defamation, breach of confidence, data protection. |
| 8.2.5 | Where the compliant relates to a claim of infringement of copyright or other intellectual property rights, a description of the protected works that you claim has been infringed. |
| 8.2.6 | A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; |
| 8.2.7 | A statement that you have good faith that the disputed use is not authorized by the copyright owners, its agent, or the law. |
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| 9 | CHANGES TO THIS POLICY |
| 9.1 | We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our site. |