Pichagraphix Terms of Service

Dear Pichagraphix Customer,

This Terms of Service ("TOS") serves as a legal agreement between you, the Customer, and Pichagraphix (referred to as such in Part V Section 24 below), outlining the rights and responsibilities concerning any Content licensed by you.

Kindly review this TOS each time you acquire any Content licenses. Pichagraphix retains the right to amend the TOS at its discretion. Before such modifications take effect, reasonable efforts will be made by Pichagraphix to notify you of these changes. Notification may occur via email to the address associated with your Pichagraphix account, an announcement on relevant pages, your login portal, or other means. Amendments to this TOS will apply only to future purchases (including automated renewals). By licensing Content subsequent to any modifications, you consent to be bound by the revised TOS.

THIS IS A SINGLE SEAT LICENSE PERMITTING ONE INDIVIDUAL TO LICENSE, DOWNLOAD, AND UTILIZE CONTENT. WITHOUT UPGRADING TO A "TEAM SUBSCRIPTION" OR "PREMIER PLATFORM" ACCOUNT, ACCESS TO YOUR ACCOUNT OR USAGE OF CONTENT LICENSED THROUGH IT IS NOT PERMITTED FOR ANY OTHER INDIVIDUALS (INCLUDING EMPLOYEES, COLLEAGUES, OR CONTRACTORS).

IF YOU ACQUIRE A "TEAM SUBSCRIPTION," THE RIGHT TO LICENSE, DOWNLOAD, AND USE CONTENT IS RESTRICTED TO THE NUMBER OF USERS ALLOWED BY THAT TEAM SUBSCRIPTION. PICHAGRAPHIX’S "PREMIER PLATFORM" PROVIDES ACCESS AND USAGE RIGHTS TO UNLIMITED USERS ALONGSIDE ADDITIONAL PRIVILEGES.

WHEN YOU SUBSCRIBE TO A PICHAGRAPHIX SERVICE, SUCH SERVICE IS GOVERNED BY THE SOFTWARE-AS-A-SERVICE TERMS AVAILABLE "HERE".

Should you require access and usage rights for multiple individuals, please reach out to Customer Service (Email: admin@pichagraphix.com). To clarify, if a user is acting in an employment capacity, the employer will be considered the licensee for licensing purposes.

"Content" encompasses all material available for licensing from the Pichagraphix website, including Images, Video, Editorial, and Music (as defined herein).

"Video" denotes any moving images, animations, films, videos, or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects, excluding still images, recorded in any format (previously referred to as “Footage”).

"Image(s)" encompasses still photographs, vectors, drawings, graphics, and similar visual assets.

"Music" includes musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all current and future formats.

"Editorial" refers to still photographs and videos found under the Editorial tab/section.

"Visual Content" collectively encompasses Editorial, Images, and Video.m

1. PART 1 – VISUAL CONTENT LICENSES

Pichagraphix hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein), and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:

A. IMAGE LICENSES

A STANDARD IMAGE LICENSE grants you the right to use Images:

• As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps," software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing, and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-section I.a.i.4 below).
• Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate.
• As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.
• Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;
• For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):

• In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
• Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
• In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
• Incorporated as elements of digital templates for sale or distribution.

If the Standard or Enhanced Image licenses do not grant the rights you require please contact Pichagraphix via email at admin@pichagraphix.com

B. VIDEO LICENSES

A STANDARD VIDEO USE LICENSE grants you the right to use Video:

in multimedia productions displayed or distributed via the web, on social media platforms, through applications ("Apps"), or as otherwise disseminated in accordance with these terms (see restrictions for distribution limitations), provided that the audience for such production does not exceed 500,000. Please note that the use of Video in multimedia productions distributed via broadcast, cable network, OTT video service, or in theaters is expressly prohibited under this license, regardless of audience size; in connection with live performances, provided that the audience for all such performances does not exceed 500,000 people; on websites.

AN ENHANCED VIDEO USE LICENSE grants you the right to use Video:

in multimedia productions displayed or distributed via the web, on social media platforms, through applications ("Apps"), and expressly including the right to distribute via broadcast, cable network, OTT video service, or in theaters, with no limitation on audience size; in connection with live performances, with no limitation on audience size.

In Digital Templates for resale, for up to (but not exceeding) 1,000 licenses to such digital templates; on websites.

If the Video Use License does not grant the rights you require, please contact Pichagraphix at admin@pichagraphix.com

A VIDEO COMP LICENSE grants you the right to use watermarked, low-resolution Video as a comp (the "Comp Video") solely in test, sample, comp, or rough cut evaluation materials. Video Comp Licenses do not permit you to display or distribute to the public or incorporate into any final materials any such Video. Comp Video can be edited, but you may not remove or alter the Pichagraphix watermark. Comp Video is available to license under the Video Use License at the time it is downloaded as Comp Video, but Pichagraphix makes no guarantees and shall have no obligation to ensure that Comp Video will be available for license at any time thereafter.

C. EDITORIAL LICENSE

An Editorial License from Pichagraphix provides you the right for a singular editorial use of a piece of Editorial content. This single use is distributable globally, without end in time.

A "single use" under this license allows for the application of Editorial content within one specific context (such as a news article, blog entry, or a single page within a publication) once, while granting the privilege to disseminate that specific use in its context through an unlimited number of platforms and distribution methods. For instance, Editorial content utilized to complement a print article may be repurposed in a blog, on social media platforms, etc., as long as it directly relates to the original print article. Any usage that diverges from the context of the original printed piece necessitates an additional license.

Under this license, "editorial use" is defined as application for illustrative purposes in a setting that is either newsworthy or of public interest, explicitly excluding any commercial purposes like advertising or merchandising.

Usage of Editorial Content under this license is also bound by specific prohibitions outlined in Part I, Section 4 (forbidding distribution via broadcast/cable/OTT, on covers of publications, and in print editions surpassing 500,000 copies) as well as any "special restrictions" (for example, geographic or sector-specific usage limitations) highlighted on the image detail page or within the metadata of an Editorial Content piece.

All Editorial content is classified as "Editorial Use Only" within the terms of this TOS.

The availability of Editorial content for licensing through the Pichagraphix platform may vary, and not all content might be accessible via all subscriptions. It's understood that the range of Editorial content eligible for licensing can shift over time, and there is no entitlement to license any specific piece of Editorial content. Should you wish to license any Editorial content not directly available on the platform, please reach out to admin@pichagraphix.com for assistance.

1.2 RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT:

Use Visual Content in any manner other than as explicitly authorized by the license you acquired for such Visual Content.

Depict any individual appearing in Visual Content (a "Model") in a manner that could be considered offensive by a reasonable person, including but not limited to portraying a Model: a) in association with pornography, "adult videos", adult entertainment establishments, escort services, dating services, or similar; b) in connection with advertising or promoting tobacco products; c) within a political setting, such as in support or promotion of any political party, candidate, or elected official, or related to any political policy or stance; d) as afflicted by, or treating, a physical or mental health condition; or e) participating in unethical or unlawful acts.

Employ any Visual Content in contexts that are pornographic, defamatory, misleading, or that could be considered libelous, obscene, or unlawful.

Employ any Visual Content in contexts that are pornographic, defamatory, misleading, or that could be considered libelous, obscene, or unlawful.

Utilize Visual Content marked "Editorial Use Only" for commercial objectives, including as reference in any form of advertising, merchandising, or other non-editorial uses.

Resell, redistribute, grant access to, share, or transfer any Visual Content beyond the scope explicitly permitted. This includes, without limitation, using Content as part of a "gallery" for third-party selection and use.

Apply Visual Content in any way that violates another's trademark or intellectual property rights, or could result in claims of deceptive advertising or unfair competition.

Use any portion of Visual Content as a trademark, service mark, logo, or other brand indicator, or as part of such.

Misrepresent, directly or indirectly, that you or someone other than the original copyright owner created the Visual Content.

RESTRICTIONS SPECIFIC TO VIDEO

Extract and use "stills" from Video solely for promoting, marketing, and advertising your derivative works that include the Video.

RESTRICTIONS SPECIFIC TO EDITORIAL

Employ Editorial content in multimedia productions distributed via broadcast, cable network, OTT video services (e.g., Netflix, Hulu, Amazon), in cinemas, or in related promotional content.

Use Editorial content on covers of publications, jackets, or other packaging tied to the content's use.

Utilize Editorial content in print editions exceeding 500,000 copies.

CREDIT AND COPYRIGHT NOTICES

The incorporation of Images and Video in news reporting, commentary, publishing, or any "editorial" capacity, must include a credit adjacent to the Pichagraphix contributor and Pichagraphix as follows:

"Name of Artist/Pichagraphix.com"

For Editorial credits:

"Name of Artist / Agency / Pichagraphix"

Where commercially feasible, the use of Images or Video in Merchandise or an audio-visual production should credit Pichagraphix in a manner similar to:

"Image(s) or Video (as applicable), used under license from Pichagraphix.com"

Credit attributions are not mandatory for uses of Video or Images outside these specified contexts, unless similar credits are given to another stock content provider for the same application. Notably, Editorial content always requires attribution.

In every instance, credits and attributions should be sufficiently clear, contrasting, and prominent to be easily legible without aid.

2. PART II - MUSIC LICENSES

For the objectives of Part II of this Terms of Service (TOS), the following definitions apply:

“Advertising” refers to a Production with a maximum length of three minutes, designed to convey a sponsored message in order to promote or sell a product/service.

“Entertainment Production” identifies a Production that is not considered Advertising and is crafted for entertainment purposes.

“DVD” encompasses any physical medium, presently known or developed in the future, including but not limited to DVDs and Blu-ray discs, which stores a Production and is playable through a DVD or Blu-ray player or any device capable of playing such media.

“Production” signifies: (i) a single audio-visual project where Licensed Music is synchronized with moving or still images; or (ii) a single audio-only project where Licensed Music is synchronized with narration, as in a podcast episode, radio documentary, or radio advertisement (this includes ‘cut down’ versions).

“Licensed Music” denotes the music provided as part of the Content and accessible via https://www.pichagraphix.com/music/search

“Personal Use” pertains to a Production distributed on a Video Sharing Platform where no more than USD$4,999 in total has been invested in promoting, advertising, and/or marketing said Production.

“PRO-free Music” refers to those music tracks identified as “PRO-free”.

“Websites” covers all online usage (via a web browser, excluding application-based access), excluding Social Media Platforms and Video Sharing Platforms not specifically mentioned here.

“Social Media Platforms” includes Instagram, Facebook, Twitter, Twitch, TikTok, and other platforms as determined by Pichagraphix at its sole discretion.

“Television” involves linear television content distributed via broadcast, satellite, IPTV, and/or cable television, explicitly excluding OTT video services (e.g., Netflix, Hulu, Amazon, Disney+, Apple+, and similar services);

“Video Sharing Platform” includes YouTube (www.youtube.com), Vimeo (www.vimeo.com), and any additional web-based video-sharing platforms as determined by Pichagraphix at its discretion.

“Pilot” defines a Production, not exceeding 44 minutes, serving as the initial episode of a prospective series;

“Public Broadcaster” refers to a television broadcaster funded mainly through government and/or viewer contributions, operating on a non-profit basis, including, for instance, PBS in the United States;

“Podcast Distribution Platform” denotes any online service through which podcasts can be accessed, streamed, and/or downloaded.

“Student Project” applies to any Production, or other permitted use here (excluding Advertising), that is non-commercial and undertaken by a student as part of their studies at an accredited educational institution.

“Theatrical Use” means the screening of content in commercial movie theaters.

2.2 MUSIC LICENSES

Pichagraphix grants you a non-exclusive, non-transferable right to synchronize Licensed Music within a Production, allowing for global distribution of said Production in perpetuity. This right is contingent upon the license type selected from the options provided below and adheres to the restrictions detailed in Part II, Section 3 of this document:

STANDARD MUSIC LICENSE: The “Standard Music License” endows you with the rights and privileges listed below (explicitly excluding any rights and privileges encompassed by the Enhanced Music License):

• The non-exclusive right to synchronize Licensed Music in timed correlation with a Production that is distributed, made available, or hosted on:
  • Websites
  • Social Media Platforms;
  • Video Sharing Platforms, provided the distribution is strictly for Personal Use; and
  • Podcast Distribution Platforms, but only in relation to audio-only Productions, such as podcasts.
• Theatrical Use, exclusively in the context of Student Projects
• The non-exclusive right to reproduce and perform Licensed Music in conjunction with plays and similar live performances, limited solely to Student Projects.

ENHANCED MUSIC LICENSE

The “Enhanced Music License” bestows upon you all the rights available under a Standard Music License, in addition to the non-exclusive right to synchronize Licensed Music in timed relation with a Production, encompassing all forms of Advertising, and distributed through:

• Television, within a single country, with the stipulation that Entertainment Production distribution via Television is confined to a Pilot or content exclusively offered by a Public Broadcaster;
• Radio, within a single country;
• Physical point of sale locations, trade shows, in-store displays, and industrial events, restricted to a single country;
• DVD production, up to a maximum of 1000 copies;
• Computer software applications (including mobile apps and video games), capped at 1000 copies or downloads in total.

COMP MUSIC LICENSE: A Comp Music License allows you to synchronize watermarked Music exclusively for testing, sampling, comping, or rough cut evaluations related to a Production. This license categorically prohibits public distribution of the Music in any form or the incorporation of Music into any final products. Altering or removing the Pichagraphix watermark from the Music is strictly forbidden under any circumstances.

RESTRICTIONS ON THE USE OF MUSIC:

YOU MAY NOT:

• Sub-license, re-sell, rent, lend, gift, or in any other way transfer or distribute the Licensed Music or the right to use the Licensed Music separately from the Production it is incorporated into;
• Resell, redistribute, provide access to, share, or transfer any Licensed Music beyond the scope expressly allowed;
• Produce, distribute, sell, or exploit in any other way "records", CDs, mp3s, or any other audio products that solely incorporate Licensed Music, other than in an audio-only Production as defined under "Production";
• Use the Licensed Music alongside content that is pornographic, defamatory, libelous, obscene, immoral, illegal, or otherwise violates any third party rights
• Breach any export laws, restrictions, or regulations by exporting Music to any country in violation of such laws;
• Offer Licensed Music, in whole or in part, as part of any production library content, or downloadable files, or include Licensed Music or any derivatives thereof in any stock product, library, or collection;
• Remix, mashup, or otherwise alter Licensed Music, apart from basic editing for licensing purposes (e.g., setting start/stop points);
• Use Licensed Music in an audio-only Production where music is the primary content, excluding PRO-free Music.

In cases where public performance licenses are necessary for your use of Licensed Music as authorized under this TOS, you are responsible for obtaining such licenses at your own expense. This agreement does not convey any "moral rights" or similar. Cue sheets must be submitted to the appropriate Performing Rights Organization(s) with a copy sent to Pichagraphix via email to admin@pichagraphix.com for all Licensed Music, excluding PRO-free Music.

Productions incorporating Music may be published on third-party "user-generated" content platforms (e.g., YouTube), without claiming ownership or registering the Music with these platforms, even when synchronized with your Production. Should any third-party claim ownership of any Music, you must promptly inform Pichagraphix of such claim.

When using Music in Productions where copyright attribution is standard practice, you must credit in the following manner:

"'[Music Title]' performed by [Artist], used under license from Pichagraphix"

3. PART III - WARRANTIES AND REPRESENTATIONS

Pichagraphix warrants and represents that:

Pichagraphix's contributors have endowed Pichagraphix with all requisite rights in and to the Content to extend the rights outlined in Part I or Part II, as relevant.

When used in its original, unmodified form and in strict adherence to this TOS and applicable laws, Video and Images will not: i) infringe on any copyright, trademark, or other intellectual property right; ii) breach any third parties' rights of privacy or publicity; iii) contravene any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic, or obscene.

Editorial content, if utilized in its original, unmodified form and in full compliance with this TOS and applicable laws, will not infringe on a third party’s copyright, acknowledging that this warranty does not extend to elements depicted within the Editorial content.

While Pichagraphix endeavors to ensure the accuracy of keywords, descriptions, and the integrity of Visual Content labeled "Editorial Use Only", PICHAGRAPHIX OFFERS NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES, OR DESCRIPTIONS; OR II) AUDIO IN VIDEO. For clarity, Pichagraphix will not indemnify or hold liability for any claims arising from inaccurate keywords, titles, descriptions, or any audio in Video.

PICHAGRAPHIX PROVIDES NO WARRANTIES OR REPRESENTATIONS OTHER THAN THOSE EXPLICITLY STATED IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

4. PART IV - INDEMNIFICATION AND LIABILITY

Subject to the conditions herein, and assuming no breach of this or any other agreement with Pichagraphix by you, Pichagraphix will defend, indemnify, and hold you harmless up to the specified "Limit of Liability". Such indemnification is confined to your direct damages stemming from a third-party claim directly related to Pichagraphix's breach of the explicit warranties and representations in Part III, including associated expenses (such as reasonable attorneys’ fees). Indemnification hinges on your prompt written notification to Pichagraphix of any claim or threat thereof, within five (5) business days from the moment you become aware or should have been aware of the claim. This notification must be detailed and sent to admin@pichagraphix.com, with a physical copy to Pichagraphix's legal department. Pichagraphix reserves the right to manage, settle, or defend any claim under this indemnification, and you are required to cooperate with Pichagraphix in such defense, retaining the right to participate in litigation at your own cost.

Pichagraphix's liability for modifications to Content or for the context of your Content use is non-existent.

Limits of Liability: Pichagraphix’s total maximum aggregate liability ("Limit of Liability") for each of Customer’s:

• Standard Image Licenses shall be USD $10,000.
• Enhanced Image Licenses shall be USD $250,000.
• Standard and Enhanced Video Use Licenses shall be USD $10,000.
• Editorial Licenses shall be USD $25,000.
• Standard or Enhanced Music Licenses shall be limited to the fee you paid for the specific Music asset.

For inquiries, please contact admin@pichagraphix.com

You will indemnify and hold Pichagraphix, its affiliates, and its suppliers harmless from any damages or liability arising from any use of the Visual Content not expressly permitted by this TOS. You also agree to indemnify Pichagraphix for all costs and expenses incurred due to any breach of the terms of this or any other agreement with Pichagraphix.,

5. PART V - ADDITIONAL TERMS

Unless mandated by law, Pichagraphix is under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Pichagraphix to charge all subscription fees for the term agreed upon at the time of purchase. Should Pichagraphix determine a refund is warranted, it will be processed using the original payment method. If you reside in the European Union and cancel your account within fourteen (14) days of payment, without downloading or licensing any Visual Content, Pichagraphix will refund the payment for such a cancelled account. For cancellation, contact admin@pichagraphix.com

Upon subscription expiration, it will automatically renew under the same terms as the original plan. You may disable automatic renewal at any time before renewal via your account settings. You expressly authorize Pichagraphix to charge you for each automatic renewal until you disable it.

Pichagraphix's fees exclude taxes; any applicable taxes will be in addition to the fees for the products you purchase. If Pichagraphix is obliged to collect indirect and/or transactional taxes under your state or country's laws, you shall be responsible for such taxes. When required to collect or remit taxes, self-assessment may be necessary under your country's laws.

"Non-transferable" means you may not sell, rent, lend, give, sublicense, or otherwise transfer Content or the right to use Content, except for a one-time transfer for printing/manufacturing purposes. If you find any unauthorized duplication of Content, contact admin@pichagraphix.com

Should any Content be subject to infringement claims, or if Pichagraphix removes any Content for perceived business risk and notifies you, you must delete the Content and cease its use. Pichagraphix will provide comparable Content free of charge, but under this TOS's terms.

If Content is used for a client's work product, you must disclose the client's identity to Pichagraphix upon request.

This TOS, including any disputes, will be governed by the laws of the jurisdiction set forth, without regard to conflict of laws principles.

Entering this TOS on behalf of an employer or entity signifies your authority to do so; otherwise, you are personally liable for any breaches. Pichagraphix may use your trademarks in promotional materials under your trademark use policies, benefiting you.

Content download limits are determined by the purchased product. Subscription renewals and terms, coupon applications, and the validity of TOS terms are clearly defined. Feedback from Pichagraphix is not legal advice. This TOS's benefits are solely for the parties involved, and Pichagraphix reserves the right to terminate accounts for breach, with no obligation for refunds.