If you require any more information or have any questions about our ToS, please feel free to contact us by email at [email protected]Last updated: November 1, 2020.
You hereby agree to indemnify, defend and hold harmless PFPMaker and its creators from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Profile pictures, Logos, including, without limitation, all claims relating to your use of any Design Elements contained therein.
a. Platform Purpose – PFPMaker provides an online platform that assists to create and manage various design assets. Users can use PFPMaker’s service to create and customize their own profile picture or logo and other branded items products, such as “profile pictures”, “social media content”, “social media posts”,”background images”, “background covers”, “branding packages”, “logos”, “brand guidelines”, “letterheads” and “business cards” (collectively, the “End Products” or “ByProducts”).
b. Paid Designs –In order to download and/or use your End Products outside of the Site, whether for commercial or personal use, you must pay the Fee stated on the Site. You may not use any of PFPMaker ’s End Products outside of the Site, whether for commercial or personal use, without paying all applicable and respective Fees in advance. This includes both digital and physical use of the End Products. Please carefully review Section 4 below for additional information.
c. Unpaid Designs-Throughout the process of design, PFPMaker may show the User different designs and/or design concepts, however the User has no right or license to use or copy any of the designs other than the final one once it is paid for. This final design will be shown and available for download in the User’s Account. Throughout the process PFPMaker will also make use of certain symbols, colors, fonts and other design elements (collectively known as “Design Resources”) that may or may not be used to design the user’s End Product. You may not use any of these Design Resources individually.
d. Free designs - Some of PFPMaker’s Service are free of cost, and available for use as and when they deem usable but only for personal use without commercial usage permissions. However, PFPMaker at its discretion, at any time, may change its policy, and with reasonable notification and announcement, make the Service chargeable. You are free to discontinue use of the Service, including but not limited to, stop publication of Content you own, and/or created on our website by using the Service, if you do not agree to this change in Service status.
e. Third Party Design Resources – You may use purchased End Products outside of the Site, whether for commercial or personal purposes. Prior to creating and using any End Product, PFPMaker highly recommends you to perform due diligence to determine that the use of the Design Resources is free of any adverse claims and is not subject to any third party rights. PFPMaker may also use symbols provided by The Noun Project, a third party content provider that obtains the symbols from other third party contributors. All use of these Symbols is AT YOUR OWN RISK. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Design Resources not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right. You acknowledge that some fonts and symbols used during the Design Process might have been licensed from a third party provider. Under no circumstances will PFPMaker be liable in any way for any Design Resources, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any Materials or any part thereof. You agree that you must evaluate, and bear all risks associated with, the use of any Design Resources, including, without limitation, the existence of any third party rights that may exist in such resources.
g. Use of PFPMaker Branding and Design – All of PFPMaker designs that appear throughout the Design Process, as well as trademarks and service marks, logos, slogans and taglines, are the property of PFPMaker . Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site which are the property of PFPMaker (the “Materials”). Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
a. Account Access – During the Design Process, we will provide you with access credentials to a personal account on the Site (the “Account”), thereby allowing you access to the designs using one computer at a time through the Site.
b. Account Information – You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so may result in the cancellation of your Account and loss of previously purchased End Products and/or future Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
c. Product Information – Throughout the Design Process you will be providing information to create your End Product, and you are legally responsible for all information that is used to create your End Product. PFPMaker is not responsible for the content you provide, neither as to the End Product nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your End Products, profile pictures, logos and brands; including photo, name, taglines and details. PFPMaker will not be held responsible for inaccurate information or any potential damages caused by such inaccuracies. You further understand that PFPMaker may not maintain copies of files featuring these designs and may decline at any stage a request to change information.
d. Hosting – You hereby grant PFPMaker a worldwide, royalty-free, non-exclusive license to host the designs created and warrant that you have all the rights necessary to grant us such license. You are responsible for any content and/or End Products that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your End Products regularly and frequently.
a. Legality of Activity – You accept sole responsibility for all of your activities using our Site, including content you submit or share via PFPMaker’s Design Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. PFPMaker may determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If PFPMaker reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
b. General – In addition, you agree to all of the following:
a. General – Certain PFPMaker Services may be subject to payment of fees, one-time or subscription, as determined by PFPMaker in its sole discretion and notified in relation to such Services (“Fee(s)” or “Paid Tool(s)”). If you wish to use these Paid Tools, or use any of PFPMaker’s End Products outside of the Site, whether for commercial or personal use, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or End Products that we offer for a Fee, you agree to PFPMaker or our third party service providers, storing and updating your payment card information. You expressly agree (i) that we are authorized to charge you (A) the stated Fee, (B) any other Fees for Services you may purchase, and any applicable taxes in connection with your use of the Services to the payment card you provide and (ii) to reimburse us for all collection costs and interest for any overdue amounts.
b. Fee Changes – You understand that additional services or End Products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that PFPMaker reserves the right to change its Fees at any time, at its sole discretion, upon notice to you if such changes affect your existing subscription. If you received a discount for a subscription fee, or any other promotional offer for a subscription fee, PFPMaker shall have the right to renew your subscription automatically and without further notice at the full applicable Fee.
c. One Time Fee & Refunds – One time End Product fees are non-refundable. If a User has reason to believe that they were charged in error, they may provide a written notice to our Customer Support and request to cancel their Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 7 days from the Fee payment date, and only if the End Products associated with the Fee have not been downloaded or used outside of the Site, whether for commercial or personal use (“One Time Fee Refund Period”). We will not cancel Fees after that time or after an End Product has been downloaded or used outside of the PFPMaker Site. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms of Service and improper usage of the PFPMaker platform.
d. Subscription Fee & Refunds – If you are dissatisfied with any PFPMaker Service subject to a Subscription Fees, whether monthly or annual, you may cancel your subscription and provide our Support team with a written request for a refund within Seven (7) days of having paid the initial Fee (“Subscription Refund Period”) as long as no design files created using the Service have been downloaded or used outside the platform. If you are a customer residing in a jurisdiction that requires a different Refund Period, we will be happy to accommodate these requirements in accordance with applicable laws. If PFPMaker’s customer support team receives the refund notice during the Subscription Refund Period, you will be refunded with the amount you paid for the Service and PFPMaker will cancel these Services accordingly. After the Subscription Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that any End Products associated with the Fee have been downloaded or used outside of the Site, whether for commercial or personal use, and/or that the notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and used, we reserve our right to charge the User who provided such notice for any PFPMaker Services actually received, as permitted by law.
e. Taxes and Currencies – All Fees on the PFPMaker Platform shall be in U.S. Dollars, except when and as specifically stated otherwise in writing by PFPMaker . You have full and sole responsibility for all taxes and fees of any nature associated with our fees and services, including any sales tax related to the purchase or sale of Services and/or End Products. When buying Services and/or End Products, it is your responsibility to decide whether or not sales taxes apply to a sale and to report and remit the correct amounts to the appropriate authority. PFPMaker shall not be liable for any taxes or other fees to be paid in accordance with or related to the Services and/or End Products. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of Service and/or the End Products. PFPMaker may be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees if applicable.
f. Subscription Renewals – In order to make sure that you will not experience interruption of PFPMaker’s Subscription Services due to cancellation lapse of any subscription period, PFPMaker will try to automatically renew all applicable Subscription Services before it might expire for a renewal period that is equal in time to the original subscription period and/or the updated renewal period we have on file for you, for such Services, annually or monthly, and automatically charge and collect from you the applicable Fees using the payment method you have on file with PFPMaker (“Renewal Period”). In order to insure no interruptions or loss of services, PFPMaker reserves the right (but will not be obligated) to collect and charge for the upcoming renewal period up to one (1) week prior to such Renewal Period commences. In the event that PFPMaker fails to collect the Fees owed by the User, we may in our sole and absolute discretion (but shall not be obligated to) try to collect at a later time, or block or cancel your User Account, with no further notice. Without derogating any of the foregoing. You shall be solely responsible to ensure a successful renewal of the PFPMaker Services you use. Accordingly, the User shall hold the sole responsibility for any discontinuation of any PFPMaker Services previously purchased by them, including due to a cancellation and/or failure to collect the applicable Fees, or due to any PFPMaker Services not being under our automatic subscription renewals feature. The User acknowledges and agrees that they shall not have any claims or demands against PFPMaker with relation to a discontinuation of any PFPMaker Services or Third Party Services associated with PFPMaker, for whatever reason.
g. Chargebacks – If the User rejects the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of the User fee payment obligations, and their use of the PFPMaker Services may be automatically suspended and/or terminated. In such case, PFPMaker reserves the right to block the User Account without any option to repurchase or re-use it, and any end files and/or data contained in such User Account, including any unfinalized or finalized Designs. Access to the User account shall not be regranted until the User pays any applicable Fees owing in full. If the User has any questions or concerns regarding a fee payment collection or attempt made by PFPMaker, we encourage you to first contact PFPMaker’s Customer Support team before filing a Chargeback. PFPMaker reserves its right to dispute any Chargeback received, and to provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the applicable Fees and did authorize the transaction to PFPMaker.
a. Cancellation by PFPMaker – These Terms Of Service will remain in full force and effect at any time while you use PFPMaker’s Platform or our Services or End Products. We may suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this Agreement. You understand that any termination of your Account may result in the deletion of your Account, all related information and the End Products associated therewith from our live databases.
b. Cancellation by User – You may decide to stop using the Services and End Products and request to cancel your Subscription Services at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. The effective date for cancellation of the Subscription Fee shall be at the next Renewal Period. Such subscription will be canceled only upon the expiration of the respective period for which you have already made payment. Please know that as PFPMaker’s cancellation process may take some time, in order to avoid your next respective charge, your cancellation request should be made at least ten (10) business days before to the expiration of the then-current Subscription period.
a. Disputes – Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the laws of the Estonia and the laws of Estonia applicable therein. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tallinn, and you hereby submit to the personal jurisdiction of such courts.
b. Indemnification – You hereby agree to indemnify, defend and hold harmless PFPMaker and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the PFPMaker Services, End Products, designs or Site, including, without limitation, all claims relating to your use of your Account, logo, branding kit or Design Resources.
c. Changes to this agreement – We might, from time to time, modify parts of this Agreement. In such case, we will release a notice on our Site or send an email to our registered Users. Since such notices might many times be overlooked, we encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
e. Misc. – If we do not enforce any part of this Agreement, it will not be considered a waiver and if any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
OUR SITE, DESIGN RESOURCES, END PRODUCTS, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE PFPMaker SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PFPMaker, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. PFPMaker MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST PFPMaker , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. PFPMaker WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PFPMaker PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PFPMaker IS NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. PFPMaker WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TAILOR WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. PFPMaker DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE PFPMaker SITE FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER PFPMaker NOR ITS THIRD PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF PFPMaker (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.