Terms of Use

Last updated September 7, 2021

These Terms of Use apply to the access and use of our website http://www.picmonkey.com and our related websites (collectively, "Websites") and use the services provided through the Websites and our web and mobile based applications, including our photo editing, video editing, collaboration tools, and design services ("PicMonkey Services") and all orders submitted by you through the PicMonkey Services.

Please review our Privacy and Cookies Policy, which also governs your use of PicMonkey Services, to understand how we use your personal information.

With respect to users of the Websites or PicMonkey Services in the U.S., our Websites and PicMonkey Services are operated by Shutterstock, Inc. .

With respect to all other users of the Websites or PicMonkey Services, our Websites and PicMonkey Services are operated by Shutterstock Ireland Limited (together with its affiliates and Shutterstock, Inc. "PicMonkey", "us", "our", "we"). Shutterstock Ireland Limited, Irish company number 613449 with a registered office at MHC, 6th Floor, South Bank House, Barrow Street, Dublin 4, Ireland. VAT number IE3508218NH. PicMonkey can be contacted at help@picmonkey.com. Please contact us, wherever possible, from the registered email address (the email address that you registered with your PicMonkey account).

The General Terms and Conditions ("General Terms") below apply to all users of the Websites or PicMonkey Services. In addition to the General Terms, the PicMonkey Subscription Terms ("Subscription Terms") below apply to users that purchase or otherwise use the PicMonkey Services through membership or subscription ("PicMonkey Subscription").

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PICMONKEY’S PRIVACY POLICY AND ACCEPTABLE USE AND TAKE DOWN POLICY (TOGETHER, THESE “TERMS OF USE”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE WEBSITES OR THE PICMONKEY SERVICES. YOUR USE OF THE WEBSITES OR THE PICMONKEY SERVICES, AND PICMONKEY’S PROVISION OF THE WEBSITES AND THE PICMONKEY SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY PICMONKEY AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 10, you agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS OF USE, YOU AND PICMONKEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 10.)

Part A: General Terms and Conditions of Use

Acceptable Use of the Websites and PicMonkey Services; Prohibited Conduct

1.1

You must be 18 years or older to use this site.

1.2

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case "you" or "your" will refer to such entity.

1.3

You may not use the PicMonkey Services or Websites for any illegal or unauthorized purpose or in violation of any local, state, national, or international law. International users agree to comply with all local laws regarding online conduct and acceptable content.

1.4

You are responsible for any activity that occurs under your account (including, if you are a manager of a PicMonkey Team Subscription under Section 12.1, those user accounts under your account). 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 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.

1.5

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. If you believe that your account is no longer secure, then you must immediately notify us at help@picmonkey.com.

1.6

You must not abuse, harass, threaten, demean, embarrass, impersonate, intimidate, or otherwise harm other PicMonkey users.

1.7

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, transmit, and display using the Websites or PicMonkey Services excluding the PicMonkey Content (defined below) ("User Content"). PicMonkey does not manage or have responsibility for the User Content.

1.8

You must not modify, adapt or hack the Websites or PicMonkey Services or modify another website so as to falsely imply that it is associated with PicMonkey; and you must not interfere with security-related features of the Websites or PicMonkey Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Websites or the PicMonkey Services except to the extent that the activity is expressly permitted by applicable law.

1.9

You must not crawl, scrape, or otherwise cache any Content from the Websites or PicMonkey Services including but not limited to other User Content and PicMonkey Content.

1.10

You must not create or submit unwanted email or comments to any PicMonkey members or users; and you must not perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Website or PicMonkey Services account without permission, or falsifying your age or date of birth.

1.11

You must not interfere with the operation of the Websites or the PicMonkey Services or any user’s enjoyment of the Websites or the PicMonkey Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or any code of a destructive nature; (b) making any unsolicited offer or advertisement to another user of the Websites or the PicMonkey Services; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Websites or PicMonkey Services.

1.12

You must not violate, or encourage others to violate, (a) any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or (b) any laws in your jurisdiction (including but not limited to copyright and trademark laws) in using the Websites or PicMonkey Services.

1.13

You must comply with our Acceptable Use and Take Down Policy.

1.14

While PicMonkey prohibits certain conduct and Content on the Websites and PicMonkey Services, you agree that PicMonkey cannot be responsible for the Content posted on its Websites or through the PicMonkey Services, and you nonetheless may be exposed to such materials and that you use the PicMonkey Services and Websites at your own risk.

1.15

We reserve the right to refuse services to anyone for any reason at any time.

1.16

We reserve the right to force forfeiture of any account that in the reasonable opinion of PicMonkey becomes inactive, violates the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, violates trademark law or other applicable laws, may mislead other users, or that otherwise violates these Terms of Use or our Acceptable Use and Take Down Policy.

1.17

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 User 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 or Websites, or the loss of any Content. This does not impact your rights under European Data Protection legislation – please see our Privacy and Cookies Policy for more information about your rights.

Disclaimers; No Warranties; Limitation of Liability

2.1

Disclaimers; No Warranties.

a.	THE WEBSITES AND PIC MONKEY SERVICES AND ALL MATERIALS (defined below) AND CONTENT (INCLUDING PICMONKEY CONTENT (defined below)) AVAILABLE THROUGH THE WEBSITES AND PIC MONKEY SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PICMONKEY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITES AND PIC MONKEY SERVICES AND ALL MATERIALS AND CONTENT (INCLUDING PICMONKEY CONTENT) AVAILABLE THROUGH THE SERVICE, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PICMONKEY DOES NOT WARRANT THAT THE WEBSITES AND PIC MONKEY SERVICES OR ANY PORTION OF THE WEBSITES AND PIC MONKEY SERVICES, OR ANY MATERIALS OR CONTENT (INCLUDING PICMONKEY CONTENT) OFFERED THROUGH THE WEBSITES AND PIC MONKEY SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PICMONKEY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
b.	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES, PIC MONKEY SERVICES OR PICMONKEY ENTITIES (defined below) OR ANY MATERIALS OR CONTENT (INCLUDING PICMONKEY CONTENT) AVAILABLE THROUGH THE WEBSITES AND PIC MONKEY SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE PICMONKEY ENTITIES OR THE WEBSITES AND PIC MONKEY SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITES AND PIC MONKEY SERVICES AND YOUR DEALING WITH ANY OTHER WEBSITES OR PIC MONKEY SERVICES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITES OR PIC MONKEY SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
c.	THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PicMonkey does not disclaim any warranty or other right that PicMonkey is prohibited from disclaiming under applicable law.
d.	Where our Websites contain links to 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.

2.2

Limitation of Liability.

a.	TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PICMONKEY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES OR PIC MONKEY SERVICES OR ANY MATERIALS OR CONTENT (INCLUDING PICMONKEY CONTENT) ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PICMONKEY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
b.	EXCEPT AS PROVIDED IN SECTIONS 9 AND 10 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PICMONKEY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITES OR PIC MONKEY SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PICMONKEY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
c.	EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 2 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Variations to the Websites and Terms of Use

3.1

We reserve the right to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, we may require that you accept the modified Terms of Use in order to continue to use the Websites and PicMonkey Services. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 3.1, these Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms of Use that was in effect at the time the dispute arose.

3.2

Any changes to these 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 no longer use the PicMonkey Services or Websites.

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 User Content. The manner, mode and extent of such advertising and promotions are the sole discretion of PicMonkey and subject to change without specific notice to you. This does not affect your rights under European Data Protection or e-Privacy Laws.

User Content; Indemnity

5.1

User Content Generally; Limited License Grants.

a.	User Content Generally. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Websites or through the PicMonkey Services.
b.	Limited License Granted to PicMonkey. By providing User Content to or via the Websites or the PicMonkey Services, you hereby grant PicMonkey a non-exclusive, irrevocable, fully paid, transferable, sublicensable, worldwide, royalty-free, perpetual license to host, transfer, display, use, store, perform, reproduce, copy, modify for the purpose of formatting for display, and create derivative works based upon User Content and to distribute and make available to third parties the User Content, in whole or in part, in any media formats and through any media channels no known or hereafter developed, for all purposes in connection with operating the Websites and providing the PicMonkey Services.
c.	Limited License Granted to Other Users. By providing User Content to or via the Websites and PicMonkey Services to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms of Use and the functionality of the Websites and the PicMonkey Services. As between the respective users, any rights to User Content created in collaboration with others (including via the Collaborations Feature), will be determined between such collaborating users. For clarity, the distribution of rights among users will not affect the licenses such users grant to PicMonkey herein.

5.2

User Content Representations and Warranties. PicMonkey disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Websites and the PicMonkey Services. By providing User Content via the Websites and the PicMonkey Services, you affirm, represent, and warrant that:

a.	you are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize PicMonkey and users of the Websites and the PicMonkey Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by PicMonkey, the Websites and the PicMonkey Services, and these Terms of Use;
b.	your uploading, using, and inviting Collaborators (defined below) to upload and use 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 and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause PicMonkey to violate any law or regulation;
c.	your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
c.	your uploading, using, and inviting Collaborators to upload and use User Content on the Websites and PicMonkey Services is not in breach of contract between you and a third party.

5.3

Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Websites and the PicMonkey Services, and you will defend and indemnify PicMonkey and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “PicMonkey Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Websites and the PicMonkey Services; (b) your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You may not settle any claim without our prior written consent.

5.4

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. PicMonkey may, however, at any time and without prior notice screen, remove, edit, block or suspend any Content or User Content and accounts containing Content or User 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. PicMonkey’s failure to enforce its right to remove and suspend Content and accounts in accordance with this Section 5.4, these Terms of Use, and the Acceptable Use and Take Down Policy does not constitute a waiver of PicMonkey’s ability to enforce such rights on a prospective basis. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PicMonkey with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, PicMonkey does not permit copyright-infringing activities on the Websites or the PicMonkey Services.

5.5

The PicMonkey Services and Websites 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 Websites.

5.6

PicMonkey performs technical functions necessary to offer the PicMonkey Services and Websites, including but not limited to transcoding and reformatting Content to allow its use throughout the PicMonkey Services and Websites.

5.7

Monitoring Content. PicMonkey does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Websites and the PicMonkey Services by its users. You acknowledge and agree that PicMonkey reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Websites and the PicMonkey Services for operational and other purposes. If at any time PicMonkey chooses to monitor the content, PicMonkey still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Licenses; Ownership; Proprietary Rights; PicMonkey Content

6.1

Licenses.

a.	Limited License. Subject to your complete and ongoing compliance with these Terms of Use, PicMonkey grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) install and use one object code copy of any mobile application associated with the Websites and the PicMonkey Services obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (ii) access and use the Websites and the PicMonkey Services.
b.	Upgrades. 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.
c.	License Restrictions. PicMonkey grants the license in Section 6.1(a) 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 reproduce, distribute, publicly display, publicly perform, copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the PicMonkey Services or Websites or any part thereof, make modifications to the Websites or PicMonkey Services, or interfere with or circumvent any feature of the Websites or the PicMonkey Services, and (iii) subject to the terms and conditions set out in these Terms of Use and our Acceptable Use and Take Down Policy. If you are prohibited under applicable law from using the Websites or the PicMonkey Services, you may not use them.

6.2

Ownership; Proprietary Rights. The Websites and the PicMonkey Services contain Content of PicMonkey and or its licensors (including content from Third Parties as further described in Section 6.5) (collectively, "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. PicMonkey provides font attribution at https://www.picmonkey.com/_/static/Font%20Attribution.docx and software attribution at https://www.picmonkey.com/_/static/PicMonkey_Software_Attribution.docx. PicMonkey may remove any items of PicMonkey Content at any time, in its sole discretion, and subject to request of its licensors. The Websites and PicMonkey Services are owned and operated by PicMonkey. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, PicMonkey Content, and all other elements of the Websites and the PicMonkey Services ("Materials") provided by PicMonkey are protected by intellectual property and other laws. All Materials included in the Websites and the PicMonkey Services are the property of PicMonkey or its third party licensors. Except as expressly authorized by PicMonkey, you may not make use of the Materials. PicMonkey reserves all rights to the Materials not granted expressly in these Terms of Use. You must not sell or otherwise transfer the access granted under these Terms of Use or any Materials or any right or ability to view, access, or use any Materials.

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 accessing and using the Websites and PicMonkey Services; and

6.3.2

reproduce and use the PicMonkey Content (excluding any software) solely to the extent required in connection with your use of your own User Content or your authorized use of Collaborators’ User Content, subject to the following conditions:

such use of the PicMonkey Content must be in connection with a composition of images, texts, videos, or other Content created by you or your Collaborators that 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 its licensors retain ownership of all intellectual property rights in the PicMonkey Content and that this Content is being provided under license by PicMonkey.

6.4

PicMonkey may terminate any license 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.

6.5

Certain functionalities of the Websites and the PicMonkey Services may provide users access to images provided by the visual media company, Getty Images, Inc. (“Getty Content”) or Shutterstock, Inc. (“Shutterstock Content”) (Getty Content and Shutterstock Content are collectively “Third Party Content”). An "iStock by Getty Images" watermark will identify which photos are Getty Content. A “Shutterstock” watermark will identify which photos are Shutterstock Content. By using any Third Party Content available on the Websites or the PicMonkey Services, you hereby acknowledge and agree to the following terms and conditions:

a.	there are no ownership or intellectual property rights in the Third Party Content are granted to any users;
b.	you may not download, republish, retransmit, reproduce, syndicate, distribute, or otherwise use any Third Party Content as a stand-alone file or on a stand-alone basis with no other content;
c.	you may not manipulate or otherwise make any use of Third Party Content separate and apart from your use of your own User Content as permitted by these Terms of Use, including, without limitation, the requirements of Section 6.3, or in any manner except as expressly provided in these Terms of Use;
d.	you may not remove any metadata in the Third Party Content;
e.	you may only use Third Party Content in connection with your use of your own User Content created via the Websites and PicMonkey Services;
f.	you may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of Third Party Content not expressly provided in these Terms of Use;
g.	you may not activate the “right-click” function in Third Party Content;
h.	you may crop or otherwise edit Third Party Content for technical quality, provided that the editorial integrity of the Third Party Content, as applicable, is not compromised and is otherwise not altered;
i.	you may not make Third Party Content available (separate from the end product into which it is incorporated) in any medium accessible by third parties;
j.	you may not sell, license or distribute Third Party Content in a manner intended to allow or invite a third party to download, extract, redistribute or access the Third Party Content as a stand-alone file;
k.	you may not use or display Third Party Content on websites or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products (e.g., products in which Third Party Content is selected by a third party for customization of the product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, electronic greeting cards, wallpaper or ringtones for mobile telephones and other items;
l.	you may not directly or indirectly, reproduce Third Party Content in any secondary reproductions, such as compilations, screen shots, in-context promotions or on file-sharing or social networking websites such as YouTube, Facebook, Snap, Tiktok, etc.;
m.	you may not falsely represent, expressly or impliedly, that you are the original creator of a visual work that derives a substantial part of its artistic components from Third Party Content, nor may you make Third Party Content available in the form of fine art prints;
n.	you may not incorporate Third Party Content into a logo, corporate ID, trademark or service mark;
o.	Third Party Content is provided on an “as is” and “as available” basis;
p.	you may not use Third Party Content as follows: in an editorial manner (i.e., relating to events that are newsworthy or of public interest); 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, services marks or any other branding or identifiers; featuring an individual(s) in connection with a sensitive, unflattering or controversial subject without including a statement that the image is used for illustrative purposes only and the individual(s) is a model; in an electronic template intended to be reproduced by third parties on electronic or printed products; if the Third Party Content contains a professional or collegiate sports image; or in an audiovisual production;

6.6

Third-Party Terms

Third-Party Services and Linked Websites. PicMonkey may provide tools through the Websites or the PicMonkey Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on PicMonkey with an account on the third party service, such as Youtube, Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that PicMonkey may transfer that information to the applicable third party service. Third party services are not under PicMonkey’s control, and, to the fullest extent permitted by law, PicMonkey is not responsible for any third party service’s use of your exported information. The Websites or the PicMonkey Services may also contain links to third party websites. Linked websites are not under PicMonkey’s control, and PicMonkey is not responsible for their content. You should review Third-Party Services Terms of Service agreements. (Youtube here, Twitter here, Facebook here).

Third Party Software. The Websites or the PicMonkey Services may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Websites or the PicMonkey Services is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

Availability

7.1

Although the Websites and 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. The Websites and PicMonkey Services are provided on an “as is” and “as available” basis.

Feedback

8.1

We appreciate your suggestions, comments, and feedback about the PicMonkey Services, Websites, or PicMonkey’s other products or services ("Feedback"). Any Feedback you provide is voluntary, and PicMonkey has no obligation to use any Feedback. You irrevocably and perpetually grant to PicMonkey a worldwide, unrestricted, non-exclusive, fully paid, royalty-free, transferable, sublicensable right and license to make, use, reproduce, prepare derivative works based upon, distribute, publicly perform, publicly display, transmit, and otherwise commercialize the Feedback, improve the Websites and PicMonkey Services and create other products and services, without crediting any such Feedback to its author in any way and for any purpose.

Governing Law, Jurisdiction and Venue

9.1

In respect of users of the Websites or PicMonkey Services in the United States, these Terms of Use are governed by the laws of the State of Washington without regard to conflict of law principles. You and PicMonkey submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms of Use. We operate the Websites and PicMonkey Services from our offices in Washington, and we make no representation that Materials included in the Websites and PicMonkey Services are appropriate or available for use in other locations.

9.2

For all other users, these Terms of Use, your access and use of the PicMonkey Services and Websites and the relationship between you and Shutterstock Ireland Limited is governed by the laws of Ireland. You and we both agree to submit to the non-exclusive jurisdiction of the courts of Ireland, which means that to the extent permitted under applicable laws, you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in Ireland or in the country in which you live. Please direct any complaints you might have in relation to our services to help@picmonkey.com. Complaints can also be made via the European Commission ’s Online Dispute Resolution Platform, available here http://ec.europa.eu/consumers/odr/.

US ONLY: Dispute Resolution and Arbitration

10.1

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND PICMONKEY HAVE AGAINST EACH OTHER ARE RESOLVED.

10.2

This Section 10 is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and PicMonkey agree that we intend for this Section 10 to satisfy the "writing" requirement of the U.S. Federal Arbitration Act. This Section 10 can only be amended by mutual agreement.

10.3

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Websites or PicMonkey Services, (ii) any purchases or other transactions or relationships with PicMonkey, or (iii) any data or information you may provide to PicMonkey or that PicMonkey may gather in connection with such use, interaction or transaction (collectively, "PicMonkey Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE OR ENGAGING IN ANY OTHER PICMONKEY TRANSACTIONS OR RELATIONSHIPS WITH US, YOU AND PICMONKEY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.4

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Websites or PicMonkey Services, you agree that any complaint, dispute, or disagreement you may have against PicMonkey, and any claim that PicMonkey may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any PicMonkey Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor ("AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations ("Minimum Standards") in effect which would be applicable to the matter in dispute, PicMonkey agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and PicMonkey ("Arbitrator");
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and PicMonkey; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
Governing Law. The Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
No Class Actions. YOU AND PICMONKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PicMonkey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, PicMonkey will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event you recover an Award greater than PicMonkey’s last written settlement offer, the Arbitrator shall also have the right to include in the Award PicMonkey’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but PicMonkey shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor PicMonkey shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification to this Arbitration Provision. If PicMonkey makes any future change to this arbitration provision, other than a change to PicMonkey’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to PicMonkey’s address for Notice of Arbitration, in which case your account with PicMonkey will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive;
Small Claims Matters are Excluded. No class relief or joinder of claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against PicMonkey in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10 within 30 days after the date that you agree to these Terms of Use by sending a letter to Shutterstock, Inc. , Attention: Legal Department – Arbitration Opt-Out, 1505 5th Ave. Suite 500, Seattle, WA 98101 that specifies: your full legal name, the email address associated with your account on the Websites or the PicMonkey Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once PicMonkey receives your Opt-Out Notice, this Section 10 will be void and any action arising out of these Terms of Use will be resolved as set forth in Section 9.1. The remaining provisions of these Terms of Use will not be affected by your Opt-Out Notice;
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). PicMonkey’s address for Notice is: Shutterstock, Inc. ,1505 5th Ave. Suite 500, Seattle, WA 98101. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or PicMonkey may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or PicMonkey must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by PicMonkey in settlement of the dispute prior to the award, PicMonkey will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000; and
Enforceability. If Section 10(e) or the entirety of this Section 10 is found to be unenforceable, or if PicMonkey receives an Opt-Out Notice from you, then the entirety of this Section 10 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 9.1 will govern any action arising out of or related to these Terms of Use.

Term, Termination and Modification of the Service

11.1

Term. These Terms of Use are effective beginning when you accept the Terms of Use or first download, install, access, or use the Websites or the PicMonkey Services, and ending when terminated as described in Section 11.2.

11.2

Termination. If you violate or fail to comply with any provision of these Terms of Use or Acceptable Use Policy, your authorization to access the Websites and the PicMonkey Services automatically terminate, and PicMonkey, at its sole discretion, may: (i) terminate your PicMonkey account, at any time for any reason or no reason, with or without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your access to the Websites and PicMonkey Services (or any part thereof) at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by navigating to the Billing tab on your account page and select “Cancel subscription or contacting customer service at help@picmonkey.com.]

11.3

Effect of Termination. Upon termination of these Terms of Use: (a) your license rights will terminate and you must immediately cease all use of the Websites and the PicMonkey Services; (b) you will no longer be authorized to access your account or the Websites and the PicMonkey Services; (c) you must pay PicMonkey any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2 (Disclaimers; No Warranties; Limitation of Liability), 5.1(b) (Limited License Grant to PicMonkey), 5.3 (Indemnity), 6.2 (Ownership; Proprietary Rights), 8.1 (Feedback), 11.3 (Effect of Termination), 10 (Dispute Resolution and Arbitration), and 14 (Miscellaneous) will survive.

11.4

Reclaiming of Accounts. We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.

11.5

Modification of the Service. PicMonkey reserves the right to modify or discontinue the Websites or the PicMonkey Services at any time (including by limiting or discontinuing certain features of the Websites or the PicMonkey Services), temporarily or permanently, without notice to you. PicMonkey will have no liability for any change to the Websites or the PicMonkey Services or any suspension or termination of your access to or use of the Websites or the PicMonkey Services.

Part B: Subscription Terms

To enjoy certain editing tools and features, you may purchase PicMonkey Basic, PicMonkey Pro, Team Subscriptions, or other PicMonkey Subscription. In addition to the General Terms set out above, all PicMonkey Subscription purchasers and users are subject to the following terms.

PicMonkey Subscriptions

12.1

PicMonkey Basic and Pro Subscriptions. For information on these plans and pricing please visit our pricing page. We may change our fees, features, and pricing for any PicMonkey Subscription from time to time by posting a new pricing structure or fees to the Websites or PicMonkey Services or sending you a notification by email.

12.2

PicMonkey Team Subscription. You may also purchase three or more seats ("Seats") under one PicMonkey account ("Team Subscription"), as follows:

If you purchase a Team Subscription, you will become the "Team Admin". Team Admins may invite eligible individuals (or assign a Seat to herself) by assigning such person’s email address to the Seat, via the account page. Team Admins may change the Seat occupant at any time. A Team Admin may also add additional Seats, with such Seats being charged immediately on a pro-rated basis under the current billing cycle. Last, a Team Owner may cancel Seats, subject to Section 13 (Cancellation and Refunds Policy). Otherwise, all Seats under a Team Subscription renew just like a normal PicMonkey Subscription.
A user assigned to a Seat ("Team Member") occupies the Seat until the Team Admin removes the Team Member, the Team Subscription expires, or the Team Member elects to leave. A Team Member can turn her Seat into a PicMonkey Subscription, by so electing and will pay for an individual PicMonkey Subscription at the next renewal cycle. Team Subscriptions are not eligible on a trial basis. Please note that that current PicMonkey Subscription users cannot be added to a Team Subscription.

12.3

Collaborations Feature. Depending on the level of your PicMonkey subscription, you may share Content and collaborate with other PicMonkey users with our collaboration service ("Collaborations Feature"), which allows you to collaborate or share one or more editing projects ("Projects") with other users ("Collaborators"). Please note that, as set forth in Part A, PicMonkey may occasionally change any aspect of the Collaboration Feature, including editing features as well as administration and sharing rights. By default, any Content contributed by PicMonkey users to a given Project will be incorporated into the Project unless altered, removed, or deleted in the Collaborations Feature administrator’s discretion.

12.4

Contracting. 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 order process.
By confirming your order, you are agreeing to purchase the service that you have selected.
PicMonkey takes payment for your order by means of your nominated payment method ("Payment Method").
Orders will usually be processed within two working days and PicMonkey will send to you a confirmation email detailing your purchase order and other information we must provide to you. Once your order is confirmed, you can use the PicMonkey Services as a PicMonkey Subscription member in accordance with these Terms of Use.

Cancellation and Refunds Policy

13.1

Right of Cancellation; Cooling-off Period – for non-U.S. Residents Only. If you reside outside of the U.S. this Section 13.1 applies to you.

13.1.1	Subject to the below terms, you may cancel your contract for any reason, within fourteen days of the day you purchase a service. Your right to cancel will terminate upon the earlier of (i) fourteen days from the day of concluding your contract, and (ii) commencing use of or access to any of the services which have subscribed for. For example, you may be deemed to have commenced use of the services where you have opened/exported documents/files or otherwise availed of the services on the website. We call the time from when your right to cancel starts until your right to cancel terminates a "Cooling-off Period". If you cancel your contract during the Cooling-off Period, we will reimburse you for all payments received from you. All reimbursements will be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless agreed otherwise.
13.1.2	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.
13.1.3	To cancel your order: If you decide to cancel within the Cooling-Off Period you can do so by informing us (help@picmonkey.com) 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. Please note that cancelling the contract after the payment has been taken will not automatically issue a refund, you should contact us via email help@picmonkey.com from the registered email address and request a refund if applicable.

13.2

Cancellations and Refunds Policy for U.S. Residents and for non-U.S. Residents Following the Cooling-off Period.

13.2.1	Cancellation. We try to treat our PicMonkey Subscription and PicMonkey Team Subscription 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). We also want to make sure that the person canceling is you. Therefore, any cancellation request must be requested by the account holder. We reserve the right to ask for verification that the person requesting the cancellation is actually you. We will not honor any cancellation requests from third party services.
13.2.2	Ongoing Monthly Subscription. If you have chosen a monthly term, your PicMonkey Subscription will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your subscription 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). Subscription fees are fully earned upon payment.
13.2.3	Ongoing Annual Subscription. If you have chosen an annual (yearly) term, your PicMonkey subscription will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your subscription before it renews each year in order to avoid billing of the next year’s subscription fees to your Payment Method. Annual renewals occur on the "year anniversary" of your initial purchase date. We will bill the annual subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.

Part C: Miscellaneous; Notice Regarding Apple

Miscellaneous

General Terms. These Terms of Use, together with the Privacy Policy and the Acceptable Use and Take Down Policy and any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and PicMonkey regarding your use of the Websites and the PicMonkey Services. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to”. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Privacy Policy. Please read the PicMonkey Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The PicMonkey Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.
Additional Terms. Your use of the Websites and PicMonkey Services is subject to all additional terms, policies, rules, or guidelines applicable to the Websites and PicMonkey Services or certain features of the Websites and PicMonkey Services that we may post on or link to from the Websites and PicMonkey Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.
Consent to Electronic Communications. By using the Websites and PicMonkey Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Websites and PicMonkey Services is offered by Shutterstock, Inc. , located at 1505 5th Ave. Suite 500, Seattle, WA 98101. You may contact us by sending correspondence to that address or by emailing us at help@picmonkey.com.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Websites and PicMonkey Services.
No Support. We are under no obligation to provide support for the Websites and PicMonkey Services. In instances where we may offer support, the support will be subject to published policies.
International Use. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Notice Regarding Apple. This Section 15 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms of Use are between you and PicMonkey only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Websites and PicMonkey Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Websites and PicMonkey Services. If the Websites and PicMonkey Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Websites and PicMonkey Services. Apple is not responsible for addressing any claims by you or any third party relating to the Websites and PicMonkey Services or your possession and/or use of the Websites and PicMonkey Services, including: (a) product liability claims; (b) any claim that the Websites and PicMonkey Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Websites and PicMonkey Services and/or your possession and use of the Websites and PicMonkey Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Websites and PicMonkey Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.