Picscut License Terms

August 2020

This Agreement describes how You can use Items or Our other products/services.

By downloading, purchasing or subscribing to Items or Our other products/services from the Website, You understand and shall agree to be bound by the terms and conditions stated herein and have also agreed and consented to Our Privacy Policy, and Cookie Policy of the Website.

1. Grant

In view of the valuable consideration, We hereby grant You a limited, restricted, terminable, worldwide, non-exclusive, non-transferable, and non-sublicensable license to use the Item for the Permitted Uses in accordance with the terms and conditions of this Agreement. For the purpose of this Agreement, the word “Item” means SVG files, fonts, other products and services, and/or any combination thereof being distributed by Us through the Website. The word “Licensed Work” means the end product or work that has been created by You using independent skill, and effort that incorporates the Item.

There are several types of licenses being made available via the Website and they are listed as follows below:

Personal License
Commercial License
Purpose
Solely for personal use, non-commercial and non-profit purposes only.
For commercial use only
Scope
Generally, any use of the Items in a manner that has no potential monetary gain or in exchange for any valuable considerations shall be deemed as personal use.
Generally, any use of the Items for any commercial purposes (including, gaining monetary or valuable considerations) or otherwise other than personal use will be deemed as commercial use.
Examples of usage
Creation of wedding invitations .Customizing at-shirt.Personalising of Christmas cards for Your family and friends.
– Creating Licensed Work(s) to sell or generate other commercial considerations
– Giving out free samples of Licensed Work(s) to potential clients or with the intention to solicit business/other commercial benefits from any party
– Creating Licensed Work(s) for Your business or other non-personal purposes
– Being paid to create Licensed Work(s) for any event (including, charity events)

2. Representation and Warranties

Licensee hereby represents, warrants and undertakes to Licensor the following:

i. You are at least eighteen (18) years of age and have the right as well as capacity to enter into this Agreement;

ii. You will not use the Item or any of Our products/services in contravene with this Agreement or any policies/guidelines as may be provided by Us from time to time;

iii. All information (including, account registration details, payment and billing information) provided by You are accurate, complete and up-to-date; and/or

iv. Except as otherwise stated in this Agreement, any account opened or maintained by You on the Website shall only be accessed and used by You for the purposes and on terms stipulated in this Agreement, where applicable;

You have read, understand, agree and consent to Our Privacy Policy, Cookie Policy and Terms of Use of the Website.

3. Payment and Refund

(a) Types of Commercial License

We presently offer three(3) types of commercial license (hereinafter referred to as the “License ”) being made available on the Website, them being

Commercial License Type
Description
Monthly SVG/Fonts / All Commercial License
Under the grant of this License, You shall be granted the following:
– a commercial license for a period of one (1) month from the date of the purchase of any Plan. Upon expiry of the aforesaid period, You shall not be able to use the Item for any commercial purposes as mentioned in Clause1 above;
– during the aforesaid term, You shall be given the right to unlimited product downloads for the aforesaid term.
Upon the expiry of this Plan, You shall be required to Purchase this plan accordingly if You intend to continue to use the Item for commercial purposes. Failure to do so will be considered a material breach of this Agreement and allows Us to terminate this Agreement accordingly pursuant to Clause 7 below.

Note

We will provide customer support (including Item recovery, Item replacement and Item alteration) (“Customer Support”) to You for a period of one (1) year only from the date of purchase of any of the License above provided that upon such request, You must furnish Us a copy of the invoice as a proof of Your purchase.

If You purchase any of the above License or any combination thereof, You hereby authorise Us to charge the relevant License fee(s) listed on Our Website at the time of Your purchase.

Upon full payment, You will be receiving an invoice from Us acknowledging Your payment. You must keep and retain such invoice in digital or print form as proof of Your purchase of the License, otherwise, it will be deemed that You do not possess the relevant License.

(b) Refund policy

Once your UPGRADE PREMIUM PLAN is activated and you download less than 3 images, you will have 15 days to order a refund. You can request a refund at [email protected] and we will issue a refund within 3 business days after you submit your cancellation request (in case of a holiday, it will be postponed). How the refund is processed depends on your original payment method: if you pay by credit or debit card, the refund will be sent to the issuing bank and processed by the issuing bank. Please contact the issuing bank for questions about when to post the credit line and the amount of the payment spent to your account. Bank transfer and local payment methods do not support refunds. If you meet the refund policy, you can contact Picscut customer service to provide a Paypal account for the refund.

4. Permitted Usage

Below are the list of Item and their respective permitted usage and restrictions:

Item
Permitted Usage/Restriction
Cut Files (SVG format)
Personal License:
– May use any Cut Files in part or in whole for Your personal projects;
– May modify design elements, re-size, subtract and add Cut Files to design Your own personal projects;
– 10000 prints for Licensed Work solely for personal use;
– Not to use Cut Files in any commercial or business-related activities;
– Not to use or incorporate any Cut Files for generating revenues or other commercial benefits
Commercial License:
– May use any Cut Files in part or in whole for Your client’s project;
– May use Cut Files for commercial or business-related activities;
– Unlimited print of Licensed Work(s) for Your clients.
Restrictions:
– Cut Files cannot be converted into other formats (such as SVG, EPS, CSD, PES, JEF and others) and/or be distributed, sold digitally or sub-licensed at any time;
– Not to share, copy, resell, distribute Cut Files in its original format in any way;
– Upload the Cut Files to any file sharing website for any purposes.
Fonts
Personal License:
– May use any Fonts for Your personal projects;
– Not to use any Fonts for Your client’s project;
– Not to use Fonts in any commercial or business-related activities;
– Not to use or incorporate any Cut Files for generating revenues or other commercial benefits
Commercial License:
– May use any Fonts for your personal projects;
– May use any Fonts for your client’s project
– May use any Fonts for commercial or business-related activities.
For example: You can use in desktop applications with a font menu; allows you to embed the font into your website, so that it can be displayed on any browser; Select this license type when you are developing an app for iOS, Android, or Windows Phone, and you will be embedding the font file in your mobile application’s code; You can use an ePub license to embed the font in an electronic publication such as an eBook, eMagazine, eNewspaper, or interactive PDF; you can use this type of license to embed fonts into digital ads, such as ads built using HTML5 etc.
Restrictions:
– Not to share, resell or distribute Fonts on a standalone basis or include Fonts in the sale of template products (such as website theme or logo template)
– Not to use any Fonts for usage in a logo or trademark.

5. Restrictions

You hereby undertake to Us that:

(i) Any or all Items downloaded or purchased by You can only be used by You only. Accordingly, You shall not share, distribute, transfer, assign, sub-license, or resell the Items to any person or entity. However, in the event where You are purchasing the Item for use by or on behalf of Your client (who is the ultimate end user), You are required to purchase the appropriate License to ensure compliance;

(ii) You shall not alter, modify, vary, re-size, reverse engineer or howsoever amend any or all Items except as permitted herein;

(iii) You shall not create any derivative works based on any or all Items;

(iv) You shall not use or incorporate any or all Items or any part thereof into a logo, corporate identity, trademark or brand;

(v) You shall not use any or all Items in any manner that infringes intellectual property rights of any party, or in any way subject Us to any unfavourable actions by any party or regulatory actions;

(vi) You shall not use any or all Items to generate, create, produce or howsoever associated such Items to defamatory, offensive, harmful or abusive materials or articles,failing which, You shall indemnify Us in accordance with Clause 11 below.

6. Unauthorised Use

Any of Our representations, warranties and obligations in this Agreement shall not be applicable and unenforceable if any of Items, or our products/services are being used by You in the manner not specifically authorised by this Agreement or if You are in breach of this Agreement.

7. Termination

(a) This Agreement shall be effective immediately upon the purchase or download of the Item(s) and shall continue to be valid until it is expired or terminated in accordance with the terms and conditions herein stated. In the event where there is any breach or alleged breach of representations, warranties or any term in this Agreement by Licensee, Licensor may terminate this Agreement forthwith and Licensee shall indemnify Licensor against all losses and liabilities whatsoever and howsoever arising thereof, in accordance with Clause 11 below. Upon termination, all License previously granted to Licensee pursuant to this Agreement shall automatically be terminated.

(b) Notwithstanding the foregoing, Licensor reserves the right to terminate this Agreement by giving fifteen (15) days written notice to the Licensee with or without cause. If this Agreement is being terminated pursuant to this Clause 7(b) without case, You may continue to use any of the Licensed Work that were created prior to the termination provided that You shall continue to observe and adhere to all terms and conditions of this Agreement herein.

8. Intellectual Property Rights

All Items, products/services or, all other materials made available on the Website or rendered to You pursuant to this Agreement (including, fonts, SVG files, and other works) are belong to Us exclusively (collectively, “Intellectual Property Works”). Except as expressly and explicitly permitted by Us, nothing in this Agreement shall be construed as or deemed to grant any license, right or permission to You to use such Intellectual Property Works. You further agree not to sell, license, sub-license, rent, modify, edit, change, vary, copy, reproduce, transmit, publicly display, or howsoever distribute the Intellectual Property Works for any purposes not expressly permitted by this Agreement, failing which, You shall be responsible to indemnify Us on full indemnity basis in accordance with Clause 11 below. Any and all Licenses granted pursuant to this Agreement will be terminated automatically without notice from Us should You fail to comply with any provision of this Agreement.

9. Limitation of Liability

IN NO EVENT SHALL WE AND INDEMNIFIED PERSONS (AS DEFINED HEREIN), BE LIABLE TO YOU FOR ANY DAMAGES (INLCUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES). TANGIBLE OR INTANGIBLE LOSSES, EXPENSES, LIABILITIES UNDER ANY CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) CAUSED THROUGH THE USE OF, OR THE INABILITY TO USE, OUR ITEMS OR OTHER PRODUCTS/SERVICES (INCLUDING, THE ITEM) AND/OR ANY COMBINATION THEREOF.

THESE LIMITATIONS AND EXCLUSIONS OF OUR’S AND INDEMNIFIED PERSONS’ LIABILITY SHALL APPLY NOTWITHSTANDING ANY CIRCUMSTANCES. SOME JURISDICTIONS MAY NOT ALLOW ANY PART OF THESE LIMITATIONS AND EXCLUSIONS OF LIABILITY, IN SUCH CASE, OUR LIABILITY AND/OR THE LIABILITY OF INDEMNIFIED PERSONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OF THE APPLICABLE JURISDICTION.

10. Disclaimer

OUR PRODUCTS/SERVICES AND ANY COMBINATION THEREOF (INCLUDING, THE ITEM) ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND/OR OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND/OR ASSIGNEES MAKE NO REPRESENTATION AND DO NOT WARRANT THAT: (a) OUR PRODUCTS/SERVICES OR ANY COMBINATION THEREOF (INCLUDING, THE ITEM) AND/OR ANY COMBINATION THEREOF WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE; AND (b) THE RESULTS OBTAINED, PRODUCED OR GENERATED FROM THE USE OF OUR PRODUCTS, SERVICES (INCLUDING, THE ITEM) AND/OR ANY COMBINATION THEREOF WILL BE ACCURATE, RELIABLE OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR PRODUCTS/SERVICES (INCLUDING, THE ITEM) AND/OR ANY COMBINATION THEREOF ARE REST ENTIRELY WITH YOU.

11. Indemnification

YOU HEREBY IRREVOCABLY AGREE AND UNDERTAKE TO FULLY DEFEND AND INDEMNIFY US AND OUR EMPLOYEES, DIRECTORS, AND OFFICERS, AND ANYONE ELSE ASSOCIATED WITH US, AND EACH OF THEIR SUCCESSORS, LICENSEES, AND ASSIGNS (“INDEMNIFIED PERSONS”) FREE AND HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, LOSSES, DAMAGES, OR EXPENSES WHATSOVER, INCLUDING ATTORNEYS’ FEES AND EXPENSES, HOWSOVER ARISING FROM:

(i) YOUR BREACH OR ANY ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY OR TERMS OF THIS AGREEMENT;

(ii)YOUR VIOLATION OF ANY THIRD PARTY RIGHTS (INCLUDING BUT NOT LIMITED TO, ANY COPYRIGHT, PRIVACY RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS);

(iii) YOUR WILLFUL DEFAULT, NEGLIGENCE OR MISCONDUCT;

(iv) YOUR UNAUTHORISED USE OF OUR WEBSITE, SERVICES, ITEMS, PRODUCTS AND/OR MATERIALS;

(v) YOUR VIOLATION OF ANY APPLICABLE LAW AND REGULATION; AND

(vi) YOUR LICENSED WORKS OR ANY OTHER WORKS PRODUCED BY YOU USING OUR ITEMS, PRODUCTS/SERVICES OR ANY COMBINATION THEREOF.

THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

12. Assignment

You shall not assign or transfer to anyone the license/right granted to You in this Agreement, without Our prior written consent and any attempted or actual assignment or transfer thereof shall be null and void. We reserve the right to assign the whole or any part of this Agreement to any of Our affiliated entities with or without Your consent.

13. Variation/Amendment

We may without notice, at any time and from time to time, vary, change, modify, alter or supplement the whole or any part of this Agreement. The updated version (including, any variations, changes, modifications, alterations or supplements thereof) shall apply and supersede all previous versions and You shall be bound by the updated version.

14. Electronic Agreement

You have agreed and reaffirm Your agreement to this Agreement electronically by downloading, purchasing or subscribing any of Items or Our other products/services (including the Item).

15. Entire Agreement

You acknowledge that You have read and understand this Agreement, Terms of Use for the Website, Our Privacy Policy, and hereby agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between You and Us, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and Us relating to the subject of this Agreement. The explanations to FAQ’s and other explanations and content provided in Our Website, if any, are for Your information only and are not, and shall not be construed as, part of this Agreement.

16. Severability

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.

17. No Third-Party Rights

Any person who is not a party to this Agreement (whether or not such person is name, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any part thereof.