Last updated September 7, 2021
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 email@example.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.
Part A: General Terms and Conditions of Use
Acceptable Use of the Websites and PicMonkey Services; Prohibited Conduct
You must be 18 years or older to use this site.
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.
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.
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 firstname.lastname@example.org.
You must not abuse, harass, threaten, demean, embarrass, impersonate, intimidate, or otherwise harm other PicMonkey users.
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.
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.
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.
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.
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.
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.
You must comply with our Acceptable Use and Take Down Policy.
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.
We reserve the right to refuse services to anyone for any reason at any time.
Disclaimers; No Warranties; Limitation of Liability
Disclaimers; No Warranties.
Limitation of Liability.
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
User Content Generally; Limited License Grants.
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:
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.
Licenses; Ownership; Proprietary Rights; PicMonkey Content
PicMonkey hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:
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:
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.
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
US ONLY: Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND PICMONKEY HAVE AGAINST EACH OTHER ARE RESOLVED.
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.
Term, Termination and Modification of the Service
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.
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 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.
PicMonkey Team Subscription. You may also purchase three or more seats ("Seats") under one PicMonkey account ("Team Subscription"), as follows:
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.
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:
Cancellation and Refunds Policy
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.
Cancellations and Refunds Policy for U.S. Residents and for non-U.S. Residents Following the Cooling-off Period.
Part C: Miscellaneous; Notice Regarding Apple