1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Accuracy of Information.
Occasionally, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Service is inaccurate at any time without prior notice
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Accounts and Membership.
(a) Account Creation and Profiles. The Services allow you to create a Pictory account ("Account"). You may create an Account by providing the information required via the functionality of the Services and selecting a username and password, which will be considered for the purposes of these Terms, together with any other information that you elect to provide when you register for an Account, "User Information".
(b) Account and User Information Protection. It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information. You acknowledge and agree that your Account and User Information are personal to you. You agree not to allow any other person to access the Services using your Account. You may not share your User Information (including without limitation your username or password) or Account with any other person or allow anyone else to access and use your Account.
(c) Unauthorized Use of Your Account. We may, but have no obligation to, monitor and review new Accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) for any reason, including if we determine that you have violated any provision of these Terms. If we delete your Account for the foregoing reasons, you may not re-register for our Services. Pictory will not be liable for any loss that you may incur because of someone else using your Account or User Information, either with or without your knowledge.
7. Payments and Subscriptions.
(a) Billing. You shall pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
(b) Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee matching the subscription plan that you choose, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PICTORY TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each new period on the anniversary of the commencement of your Subscription.
8. Links to Other Websites.
Although this Site may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Site. Your linking to any other off-site websites is at your own risk.
9. Prohibited Uses.
In addition to other terms as set forth set forth herein, including the restrictions on Account-sharing provided in Section 6, you are prohibited from using the Site or its Services or Customer Content or Pictoried Content (as defined in Section 10(b) herein) for (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, other websites, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses. In addition, you may not portray a person in Customer Content or Pictoried Content 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; or as suffering from, or being treated for, a physical or mental ailment.
10. Content and Intellectual Property Rights.
(a) Posting Content. Our Services may allow you to upload, store, or share content such as files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you upload, post, or otherwise make available through the Services is referred to as “Customer Content”. Pictory does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Costumer Content.
(b) Permissions to Your Customer Content. By making any Customer Content available through the Services you hereby grant to Pictory a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your Customer Content in connection with operating and providing you with our Services. Such Customer Content as manipulated by the functionality of the Services is referred to as “Pictoried Content.”
(c) Third-Party Digital Content. Our Services allow you to use visual content that we make available via the Services (“Third-Party Digital Content”). Pictory or our licensors grant you a non-exclusive, non-transferable, worldwide, license to use, reproduce, distribute, publicly display and publicly perform any Third-Party Digital Content that you use in connection solely with your use of the Services and in connection with any Pictoried Content. You may only use the Third-Party Digital Content with Customer Content and the functionality of the Services and any use of the Third-Party Digital Content on a standalone basis, including on third party services or otherwise is not permitted. This license provides you with neither ownership over nor intellectual property rights over the Third-Party Digital Content itself. Third-Party Digital Content is for digital use in connection with the Pictoried Content only and may not be used for printing. You may not use Third-Party Digital Content as a trademark for a business.
(d) Your Responsibility for Customer Content and Pictoried Content. You are solely responsible for all your Customer Content and Pictoried Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your Customer Content under these Terms. You represent and warrant that neither your Customer Content or Pictoried Content, nor your use and provision of your Customer Content or Pictoried Content to be made available through the Services, nor any use of your Costumer Content or Pictoried Content by Pictory on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Notwithstanding the foregoing, you are not responsible for the unedited and unmodified Third-Party Content that you use in accordance with the licenses granted to you to such Third-Party Content.
(e) Removal of Customer Content and Pictoried Content. You can remove your Customer Content and Pictoried Content from the Services by specifically deleting it. You should know that in certain instances, some of your Customer Content (such as posts or comments you make) may not be completely removed and copies of your Customer Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content or Pictoried Content.
(f) Pictory’s Intellectual Property. These Terms do not transfer to you any intellectual property owned by Pictory or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Pictory. All trademarks, service marks, and logos used in connection with our Site or Services, belong to Pictory, our licensors or other third parties.
11. Copyright Policy.
Pictory respects copyright law and expects its users to do the same. It is Pictory’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. You can find our Copyright Policy here.
12. Disclaimer of Warranty.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. You agree that your use of our Services, and any Third-Party Content is solely at your own risk. We make no warranty that the Services, or Third-Party Content will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PICTORY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF PICTORY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. To the maximum extent permitted by applicable law, the aggregate liability of Pictory and its affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount that is the greater of one hundred dollars or any amounts actually paid or payable by you to Pictory for the prior six month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Pictory and its affiliates, officers, directors, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Customer Content, your authorized use of the Services or any willful misconduct on your part.
15. Dispute Resolution.
The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Washington, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Washington, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
16. General Terms.
(a) Reservation of Rights. Pictory and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Pictory and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Pictory and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Pictory’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pictory may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17. Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected] or write a letter to 17625 48TH AVE SE, Bothell, WA 98012. This document was last updated on July 22, 2022.
This document was last updated on July 22, 2022.
This document was last updated on February 11, 2022.