The Monkey takes user privacy pretty dang seriously. Our goal is to make PicMonkey a great experience. However, as much as we love you, we are not interested in knowing everything about you. Here's the scoop in layman's terms: the collection, use, and preservation of personal information by PicMonkey will only happen for making PicMonkey a better, faster, or more convenient for you. The disclosure of personal information will never occur without your explicit consent.
So, does PicMonkey use cookies?
Yes, PicMonkey does set cookies to make your experience better. No, you can't eat these cookies! A cookie is actually a small data file that is transferred to your device. Most Internet browsers automatically accept cookies. You can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from any website you visit. If you do this, it's possible that PicMonkey might not work as well.
Are the images I upload to PicMonkey public?
Nope. Negative. No siree bob.
Can anyone use my image?
No silly, you own your images! The copyright for the image remains with you even after you use PicMonkey. We will never use your image without your consent. For example, if we want to feature one of your public images on our blog, or use your photography on our site, the Monkey will contact you before ever publishing your work.
Does PicMonkey save email addresses?
PicMonkey will save your email address so we can keep you up to date. Other email addresses you associated with your personal account may also be stored.
Will any of my personal information be shared with 3rd parties?
No. If it were up to us, spammers would be put in a monkey barrel! If PicMonkey is ever acquired, we will provide notice before any personal information is transferred and becomes subject to a different privacy policy. It's not our goal to be acquired, but we feel that it's prudent to be clear about your rights if it happens. Your ongoing support of PicMonkey will ensure that we will never have to sell to another company.
Will this privacy policy change?
As PicMonkey evolves, this privacy policy is likely to evolve with it. We will not reduce your rights under this Policy without your explicit consent. We will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice.
We also adhere to the US-EU Safe Harbor Privacy Principles (ProTip: this has nothing to do with boats). If you want to see for yourself, please browse over to the US Department of Commerce's web site.
If you've got any questions or concerns, please feel free to contact us.
By using the PicMonkey.com website and PicMonkey service you are agreeing to the following terms and conditions ("Terms of Use").
Basic Terms
- You must be 13 years or older to use this site.
- You must be human.
- You may be a monkey, as long as you're 13 years or older.
- You may not use the PicMonkey service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Alpha Centauri users must refer to Intergalactic Article 2356677.
- You are responsible for any activity that occurs under your account.
- You are responsible for keeping your password secure, if you are a registered user.
- You must not abuse, harass, threaten, impersonate or intimidate other PicMonkey users. Speaking of impersonations, please keep your ‘Robert DeNiro' to yourself.
- You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links ("Content") that you upload, edit, and display on the PicMonkey service.
- You must not modify, adapt or hack PicMonkey or modify another website so as to falsely imply that it is associated with PicMonkey, unless you are Beyonce, or Robert DeNiro.
- You must not crawl, scrape, or otherwise cache any content from PicMonkey including but not limited to user profiles, photos, scripts, or graphics. Plus, the Monkey has sensitive skin and all that scraping itches and burns a little...
- You must not create or submit unwanted email or comments to any PicMonkey members ("Spam").
- You must not upload or transmit any worms or viruses or any code of a destructive nature. If you suspect you have come into contact with any worms or viruses, please do us a favor and wash your hands.
- You must not, in the use of PicMonkey, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your PicMonkey account. While PicMonkey prohibits such conduct and content on its site, you understand and agree that PicMonkey cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PicMonkey service at your own risk.
Upgrade Terms
- PicMonkey Royale. To enjoy additional editing tools and features, you may upgrade to PicMonkey's Royale membership (or "PicMonkey Royale"). Royale Users are subject to a monthly or an annual fee, depending on the membership plan you have chosen. 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 are entirely responsible for any and all activities that occur under your account. 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.
- Cancellations and Refunds Policy. We endeavor to treat our Royale 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).
- Ongoing Monthly Membership. If you have chosen a monthly term, your PicMonkey membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership 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). Membership fees are fully earned upon payment.
- Ongoing Annual Membership. If you have chosen an annual (yearly) term, your PicMonkey membership will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year in order to avoid billing of the next year's membership fees to your Payment Method. Annual renewals occur on the "year anniversary" of your initial purchase date. We will bill the annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
General Conditions
- We reserve the right to modify the PicMonkey service for any reason, without notice at any time. Please don't feel slighted, some days we don't even have time to call our mothers.
- We reserve the right to alter these Terms of Use. If the alterations constitute a material change to the Terms of Use, we will make the new Additional Terms available to you on the site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time. No shoes, no shirt, no service.
- We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing 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.
- We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts. If you are not really Justin Bieber, then don't use ‘Justin Bieber.'
Proprietary Rights in Content on PicMonkey
- PicMonkey does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the PicMonkey Services.
- Some of the PicMonkey Services 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 PicMonkey Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content uploaded by you on or through the PicMonkey Services, (ii) the uploading and use of your Content on or through the PicMonkey Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the PicMonkey Services.
- Limited License. PicMonkey grants you a non-exclusive license to use PicMonkey. These Terms of Service will also govern any upgrades that replace and/or supplement PicMonkey, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. PicMonkey 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. Except as and only to the extent expressly permitted in these Terms of Service or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of PicMonkey or any part thereof.
- The PicMonkey Services contain Content of PicMonkey ("PicMonkey Content"). PicMonkey Content is protected by copyright, trademark, patent, trade secret and other laws, and PicMonkey owns and retains all rights in the PicMonkey Content and the PicMonkey Services. PicMonkey hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PicMonkey Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PicMonkey Services.
- The PicMonkey Services contain Content of Users and other PicMonkey licensors. Except as provided within this Agreement, 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.
- PicMonkey performs technical functions necessary to offer the PicMonkey Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PicMonkey Services.
- Although the Site and other PicMonkey Services are normally available, there will be occasions when the Site 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 (i.e. warps in the space time continuum). Also, although PicMonkey will normally only delete Content that violates this Agreement, 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 is not retrievable without a valid court order. Consequently, PicMonkey encourages you to maintain your own backup of your 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 the loss of any Content.
- Governing Law, Jurisdiction, Venue. The Terms of Service, your access and use of PicMonkey and the relationship between you and PicMonkey, Inc. is governed by the laws of the State of Washington, without regard to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Seattle, Washington. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, PicMonkey shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in PicMonkey's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of PicMonkey or the Website or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.