Welcome to Pictory, Corp. (“Pictory,” “we,” “our,” or “us”) and our Terms of Service (the “Terms”). Please read the Terms carefully, as they govern your use of our website https://pictory.ai (the “Site”), as well as our video editing and creation services accessible on the Site. To make these Terms easier to read, the Site, our products, and our services are collectively called the “Services.”
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 reserve the right to modify and update the Terms from time to time in our sole discretion. While we are not required to provide notice, we’ll let you know by posting the updated Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we update or modify them because 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, then please discontinue use of the Services immediately. 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 to you, at our sole discretion.
4. Accuracy of Information.
Occasionally, there may be information on the Site that may contain typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions. In doing so, we also reserve the right to change or update information or cancel orders, if any information on the Site is inaccurate, at any time without prior notice to you.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control, to use, create derivative works based upon, and otherwise exploit the feedback for any purpose.
6. Accounts and Membership.
(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 (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 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 these 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. Payment Terms.
Paid accounts will be billed monthly or yearly depending on the subscription you choose. Billing will occur on the day you sign up, and will automatically renew every month or year thereafter on the sign up date. Each bill ensures your access to portions of the Services that require payment for the next month or year. There are no refunds or credits for partial periods of service, upgrade or downgrade refunds, or refunds for periods unused with an open account.
If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, we reserve the right to disable and terminate access to your account. You authorize us to continue billing during this period, and you will remain responsible for any uncollected amounts.
8. Links to Other Websites.
The Services may link to advertisements or other third-party websites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. 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, and we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party website or resources..
9. Prohibited Uses.
In addition to other terms as set forth set forth in these Terms, 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 any other party; (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) Content. Our Services allow you to upload, store, or share content such as files, text, documents, graphics, images, music, software, audio and video (collectively “Content”). Any Content (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 Customer Content. By using our services, you can transform your Customer Content utilizing the Pictory suite of services (this is referred to as “Pictoried Content”). Customer at all times remains responsible for its Customer Content and the Pictoried Content it has created. Customer agrees to hold Pictory harmless from any claim that the Customer Content or Pictoried Content infringes on third-party rights or violates applicable laws, rules to regulations.
(b) Limited Permissions to Your Content. By adding any Customer Content to our Services or generating Pictoried Content via the Services, you hereby grant to Pictory a limited, non-exclusive license, to make the Customer Content and/or Pictoried Content available to you for distribution, public display, to copy, modify, or create derivative works based upon the Customer Content and/or Pictoried Content. This limited license is provided by you on a worldwide royalty-free basis with a right to sub-license so that you may make full operation of our suite of Services. You also grant to Pictory the right to use the Customer Content and Pictoried Content, in a non-identifiable aggregated manner for the limited purposes of evaluating, improving, or enhancing the suite of services, for development, diagnostic or corrective purposes, or otherwise to allow for feature development and other offerings. For clarity, Pictory will not use the Customer Content or Pictoried Content for any other external commercial purpose or in a stand-alone format.
(c). Third-Party Digital Materials. Our Services allow you to access and use licensed visual materials and content provided by third parties that we make available for use via the Services (“Third-Party Digital Materials”). Pictory and/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 Materials available for your use in connection with your use of the Services and in the creation of Pictoried Content. You may only use the Third-Party Digital Materials together with your Customer Content and the functionality of the Services. You are prohibited from using any use of the Third-Party Digital Material (1) on a standalone basis, personally or commercially, or in printed format, including on another third-party service or otherwise; (2) for any pornographic, defamatory or other unlawful purposes; (3) in electronic templates used to create electronic or printed products; (4) in physical or digital retail products, such as e-cards, calendars, posters or screensavers; (5) for the purpose of enabling file-sharing of the image file; (6) as part of any logo, trademarks, services marks or any other brand identifier or (7) for the training of any machine learning or artificial intelligence technologies. In addition, the restrictions provided in Section 9 also apply as well to Third Party Digital Material embedded in your Pictoried Content. Further, you may not activate “right click” functions or remove any metadata in Third Party Digital Materials, or reverse engineer, decompile or disassemble any of our Site to enable the download of Third Party Digital Materials. This is a limited, non-exclusive, license and it does NOT provide you ownership or any intellectual property rights over the Third Party Digital Material itself. In the event, we receive notice that Third Party Digital Material is no longer available for use, we will provide reasonable notice to you. You may be limited from further use of such Third Party Digital Material for new Pictoried Content.
(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 Customer 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 any 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, in its sole discretion and judgment, terminate Account holders who 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 ($100) or any amounts actually paid or payable by you to Pictory for the 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.
We may terminate your access and use of the Services and your Account, at any time, at our sole discretion without notice to you. You may also cancel your Account by emailing us at [email protected], giving us at least thirty (30) days notice prior to your intended termination date. If we terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle. Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
16. Dispute Resolution.
You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services.
(2). Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association to resolve the dispute.
(3). Binding Arbitration. If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the state of Washington. Each party is responsible for paying our own filings, administrative, and arbitor fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of its costs and fees.
17. 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 voidl. 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.
18. 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 by mail attn: Pictory Corp, 17625 48TH AVE SE, Bothell, WA 98012.