Picsagon.com Terms of Service

Welcome to Picsagon.com (“Site”)

By accessing or using our Site, you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Site.

1. Introduction

Picsagon.com is a stock image and video database offering free royalty-free content. We (Unevis GmbH, a German corporation) operate the Picsagon website at picsagon.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Picsagon to be bound by the terms and conditions in these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU DON’T AGREE WITH ANYTHING WE PROPOSE IN THESE TERMS, PLEASE DON’T (AND YOU DON’T HAVE OUR PERMISSION TO) USE ANY PART OF THE SERVICE.

2. Modifications to Terms

Picsagon.com reserves the right to modify these Terms at any time. We will notify users of any changes by posting the new Terms on the Site. Your continued use of the Site after such changes constitutes your acceptance of the new Terms.

3. Eligibility

The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

4. Accounts and Registration

When you use the Service, you have the opportunity to register an account. Creating an account on the Service gives you access to special features around discovery, downloading, and contributing to the community. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If you think your account is no longer secure, you need to notify us immediately at support@picsagon.com.

5. Content License Granted to You

Subject to the Prohibited Uses described below (which you agree and acknowledge you are not entitled to engage in), when you download any Content from the Service, we grant you an irrevocable, worldwide, perpetual (or as long as allowed by law), non-exclusive, and royalty-free right to download, use, copy, modify, or adapt the Content for commercial or non-commercial purposes ("Content License"). The rights granted are non-exclusive, meaning that we may also grant other users the same rights in the same Content. For the avoidance of doubt, you do not obtain any rights in any other users’ Communications.

You agree and acknowledge that the following items are "Prohibited Uses" and the Content License which we grant to you is conditional on you not engaging in any of the Prohibited Uses:

• You cannot sell or distribute the Content (either in digital or physical form) on a Standalone basis. This includes selling or distributing Content on a Standalone basis as an image, audio, video, NFT, or other digital file (including through a stock media platform), as well as a print, wallpaper, poster, or on merchandise or other physical products. "Standalone" means where no creative effort has been applied to the Content and it remains in substantially the same form as it exists on the Service. Using the Content with a combination of images, videos, audio files, other media, text, illustrations, background features, and editing techniques is not Standalone use, so long as the combined effect is to make a "new" creative work.
• If Content depicts any trademarks, logos, or brands (whether two- or three-dimensional), you cannot use that Content for commercial purposes in relation to goods and services, in particular, not print that Content on merchandise or other physical products for sale.
• You cannot use Content in any immoral or illegal way, especially Content which features a recognizable person. You cannot use any Content on or in conjunction with anything pornographic, obscene, offensive (including but not limited to in relation to adult entertainment venues, escort services, drug use, dating services, in a way which portrays someone as suffering from, or medicating for, a physical or mental ailment), illegal, immoral, infringing, defamatory, hateful, threatening, or libelous in nature, in a political context (such as the promotion, advertisement or endorsement of any party, candidate, or elected official or in connection with any political party or viewpoint) or in breach of any law, regulation or industry code, or in any way which infringes the rights of any person or entity.
• You cannot use Content in a misleading or deceptive way, including suggesting that any depicted person, brand, organization, or other third party endorses or is affiliated with you or your goods or services, unless permission has been granted, or giving the impression that Content was created by you, or a person other than the intellectual property rights holder of the Content.
• You cannot use any of the Content as part of a trade-mark, design-mark, trade-name, business name, or service mark.

In addition to the Prohibited Uses, please be aware that certain Content may be subject to additional intellectual property rights (such as copyrights, trademarks, design rights), moral rights, proprietary rights, property rights, privacy rights, or similar. This includes, but is not limited to, identifiable people, logos, brands of all kinds (whether two- or three-dimensional), goods or services, buildings and architecture, audio or video samples, and organizations.

Before using any Content, you must consider whether you require the consent of a third party or a license to use the Content. If your use of the Content is for commercial purposes (e.g. in conjunction with the sale or promotion of a product or service), then it is likely that you will need consent or a license. Responsibility for determining whether permissions are needed always rests solely and exclusively with you. We do not warrant that any consents or licenses have been obtained in relation to any Content, and we expressly disclaim any and all responsibility and liability in relation to such matters.

6. Attribution

You do not need to credit Picsagon or the contributor of Content when you use it, but it is certainly appreciated when you do so - especially when the use is of an editorial nature, where photo credits are more customary. You can provide credit in the following format: "by [Contributor] via Picsagon".

7. Your Communications

When you upload, submit, or create content through the Service, you retain the rights to your works. By uploading content to the Service, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display that content for the purpose of operating, promoting, and improving the Service. You can remove your content from the Service at any time, but this will not affect any rights previously granted.

8. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share information about you.

9. Payment Terms

When you make a purchase on Picsagon.com, you agree to pay the applicable fees and taxes. All payments must be made through our designated payment systems, and you agree to provide accurate billing information. Payment is due at the time of purchase, and all sales are final. If there are issues with your payment, we reserve the right to suspend or cancel your access to the Service. We may offer subscriptions or other paid services, which will be governed by additional terms provided at the time of purchase. You are responsible for any recurring charges until you cancel the subscription.

10. Termination

We may terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason, including if you breach these Terms.

11. Disclaimer

The Site and its content are provided "as is" without warranty of any kind. We do not guarantee the accuracy, completeness, or usefulness of any content.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Picsagon.com will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Site.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.

14. Contact Us

If you have any questions about these Terms, please contact us at support@picsagon.com.