Acceptable Use & Take Down Policy
Last updated September 7, 2021
SECTION A: ACCEPTABLE USE POLICY
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"):
Content must not:
In relation to the Content:
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:
NO NETWORK ABUSE
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
NO E-MAIL OR OTHER MESSAGE ABUSE
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.
NO REMOVAL OF REGULATORY OR LEGAL NOTICE
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.
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.
SECTION B: TAKE DOWN POLICY
TAKE DOWN POLICY
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.
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.
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.
DIGITAL MILLENNIUM COPYRIGHT ACT; TAKE DOWN NOTICE
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"):
When submitting a Take Down Notice please include the following information:
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.
CHANGES TO THIS POLICY
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.