1

CONTENT STANDARDS

1.1

These content standards apply to any data, text, fonts, overlays, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials which you upload, edit, display or transmit using the Websites or the PicMonkey Services (collectively, the "Content"):

1.2

Content must not:

1.3

Without limiting the generality of Section 1.2, Third Party Content (as defined in the Terms of Use) must not:

1. be used in an editorial manner (i.e., relating to events that are newsworthy or of public interest);
2. be used in a manner that downloads, republishes, retransmits, reproduces, syndicates, distributes or otherwise uses any Third Party Content as a stand-alone file or on a stand-alone basis with no other content;
3. be used in a manner that manipulates or otherwise makes any use of Third Party Content separate and apart from your use of your own User Content as permitted by the Terms of Use and this Policy, including, without limitation, the requirements of Section 6.3. of the Terms of Use, or in any manner except as expressly provided in the Terms of Use and this Policy;
4. be created via means other than via the Websites and PicMonkey Services;
5. be sold, modified, re-used, re-sold, distributed, displayed, reproduced or make use of Third Party Content in any other way not expressly provided in these Terms of Use;
6. be used for pornographic, defamatory or other unlawful purposes;
7. be used in electronic templates used to create electronic or printed products;
8. be used in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
9. be used in logos, trademarks, services marks or any other branding or identifiers;
10. feature 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;
11. be made available (separate from the end product into which it is incorporated) in any medium accessible by third parties;
12. be sold, licensed or distributed in a manner intended to allow or invite a third party to download, extract, redistribute or access the Third Party Content as a standalone file;
13. be used in an electronic template intended to be reproduced by third parties on electronic or printed products;
14. be used or displayed 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;
15. be directly or indirectly reproduced 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.;
16. be used to 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;
17. be made available in the form of fine art prints;
18. be incorporated into a logo, corporate ID, trademark or service mark;
19. in a manner that contains a professional or collegiate sports image; or
20. be used in an audiovisual production.

1.4

In relation to the Content:

1.5

Failure to comply with these content standards constitutes a material breach of the Terms of Use upon which you are permitted to use the PicMonkey Services and may result in the immediate, temporary or permanent withdrawal of your right to use the PicMonkey Services.

2

SECURITY STANDARDS

2.1

You may not use the PicMonkey Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"), whether a System of PicMonkey or a System of a third party. Prohibited activities include:

• Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception. Monitoring of data or traffic on a System without permission.
• Distribution of Tools for Breaching Systems. Use or distribution of tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs.
• Improper Use. Use of the PicMonkey Services or PicMonkey Website to try to gain unauthorized access to any other service, data, account or network by any means.
• Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route (e.g. "spoofing"). This prohibition does not include the use of aliases or anonymous remailers.

3

NO NETWORK ABUSE

3.1

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
• Interference with PicMonkey Systems. Restricting, inhibiting, interfering with, or otherwise disrupting or causing an interruption or performance degradation, regardless of intent, purpose or knowledge, to the PicMonkey Services or any PicMonkey (or PicMonkey supplier) System, or otherwise cause an interruption or performance degradation to any PicMonkey (or PicMonkey supplier) facilities used to deliver the PicMonkey Services.

4

NO E-MAIL OR OTHER MESSAGE ABUSE

4.1

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

5

NO REMOVAL OF REGULATORY OR LEGAL NOTICE

5.1

You will not remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the PicMonkey Services or PicMonkey Website or Application, including providing or creating links to external sites that violate this Acceptable Use Policy or other legal agreements between You and us.

6

CHILDREN

6.1

The PicMonkey Services are not directed to anyone under 18 and we do not knowingly collect data from anyone under 18. You may not upload or submit any Content if you are under the age of 18. If we learn that Content has been submitted by anyone under 18, we will take steps to delete such information from our files as soon as possible.

7

TAKE DOWN POLICY

7.1

If you come across something on the Websites or PicMonkey Services that goes against any of our Acceptable Use terms above you can report it to us by submitting a Take Down Notice as described in Section 8 below. Upon receipt of a Take Down Notice, PicMonkey may take whatever action, in its sole discretion, it deems appropriate, including the deletion or removal of the challenged material from the Websites or PicMonkey Services.

7.2

PicMonkey also has the right (but not the obligation) to review any Content, and to delete, take down or remove (or request the removal from a third-party website, platform or service) any Content (including Content that uses Third Party Content) that we determine, in our sole discretion, (a) does not comply with the Terms of Use or this Policy; (b) might violate any laws or infringe upon any rights of third parties; or (c) might adversely affect PicMonkey’s reputation or goodwill; or (d) should be taken down for any other reason determined at our discretion.

7.3

Any Content which is deleted by PicMonkey will no longer be available to you. Consequently, PicMonkey encourages you to maintain your own backup of your Content. Deleted content may be stored by PicMonkey in order to comply with certain legal obligations and in such circumstances may not be retrievable without a valid court order.

7.4

We exclude liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and we may take any other action we reasonably deem appropriate in respect of any Content which we determine is in breach of this Policy.

8

DIGITAL MILLENNIUM COPYRIGHT ACT; TAKE DOWN NOTICE

8.1

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you believe that any Content on the Websites or PicMonkey Services infringes upon any intellectual property right, is offensive, violates any laws, or otherwise goes against our acceptable usage standards outlined in this Policy you may contact our Designated Agent to request that that Content will be removed from the Websites or PicMonkey Services at the following address (a "Take Down Notice"):
PicMonkey, LLC, ATTN: Legal Department (Copyright Notification), 1505 5th Ave. Suite 500, Seattle, WA 98101. help@picmonkey.com, +1 206-486-2106

8.2

When submitting a Take Down Notice please include the following information:

8.3

We will promptly terminate without notice the accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Websites or the PicMonkey Services more than twice.

9

CHANGES TO THIS POLICY

9.1

We may revise this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our site.