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Pngtree License Terms

May 2019

Authorization clause

Please read these TOS again when purchasing any content licenses. Pngtree reserves the right to modify TOS at any time in its sole discretion. PNGtree will make reasonable efforts to notify you of such changes before such changes become effective. Such notices may be emailed to the email address registered in your Pngtree account, posted on this page or on your login page, and/or otherwise sent. Modifications to these TOS will only apply to future purchases. By issuing a license for such modified content, you agree to be bound by the modified TOS.

This is a single-seat license that authorizes only one natural person to license, download, and use the content. Unless you upgrade to a "Team Premium Package" account, no other person (including employees, colleagues) may use your account or use content authorized through your account. If you want to purchase authorized content for your principal, you will need to re-subscribe to a new account for your principal's eligibility.
If you purchase a "Team Premium Package," the number of people who have permission to license, download, and use content is limited to the number allowed by the team's subscription. The number of accesses and usage rights granted by Pngtree's back-end management page and other additional rights is limited to six.

If you need access to more than one natural person, please contact Customer Service at info@pngtree.com. For the sake of clarity, if the user is in an employment relationship, the employer will be considered the licensee of the license.
“Content” means all content available on the Pngtree website, including backgrounds, templates, artistic fonts, illustrations, etc.)

1. Image content license
Pngtree hereby grants you a non-exclusive, non-transferable, permanent right to use, modify (except as expressly prohibited herein) and to reproduce the contents of the image worldwide, as expressly permitted by the applicable license and subject to this document.

Free users can get the license rights for the image:
The content of the picture is for personal use and commercial use, but the commercial use must indicate the source or attribution and forbidden to print in physical form to sell.

The Premium plan authorizes you to use images in the following situations:
1. Digital reproductions, including on websites, online advertising, social networks, mobile device advertisements, mobile applications, software, e-cards, in electronic publications (e-books, e-magazines, blogs, etc.) Email marketing and in online media (including video sharing services such as YouTube, Dailymotion, Vimeo, etc.);
2. Printed in physical form as part of the art packaging and labels, letterhead, and business cards, point-of-sale advertising, CD and DVD covers, T-shirts and mugs, or for advertising and physical media, including Magazines, newspapers, and books, provided that each picture is copied no more than 50 times;

The Team Premium plan grants you and your employees the right to use images (these rights are supplemented by the 1-2 of the above Premium and are specific to the image licenses applicable to the program):
1. Use of content for physical prints (collectively referred to as "goods"), including but not limited to textiles, art, magnets, murals, calendars, toys, stationery, greeting cards, and any other physical reproduction for sale or distribution purposes, not exceeding 500,000.
2. The premise is that in addition to the pictures, such goods also contain objective creative elements or practical elements.
3. Used in murals (without other creative or practical elements) to decorate your or your client's business premises and not for sale.
If the license range for the Premium plan or the license for Team Premium does not give you the rights you need, please contact Customer Service. (email: info@Pngtree.com)

2. Restrictions on the use of image content

You cannot:
a. Use image content other than the image content explicitly provided by the license you purchased in connection with such image content.

b. When depicting any character ("model") portrayed in the content of the picture, the way it is portrayed makes the normal person feel offended, including but not limited to portraying the model as a) with obscene works, "adult video", adult entertainment venues , accompanying services, dating services or similar content; b) related to advertising or promotional activities of tobacco products; c) participation in political activities (such as any political parties, candidates, elected officials, advertising, or support activities), or involving Any political policy or opinion; d) suffering from or being treated for physical or mental illness; or e) participating in unethical or illegal activities.

c. Use any image content in obscene works, defamatory content or false content, or in ways that would be considered defamatory, obscene, or illegal.

d. Resale, redistribution, access, sharing or transfer of any image content or rights, except as expressly provided herein. For example, but not limited to, the content is prohibited from being displayed as a "library" of the content (or a component thereof), such that the third party can search for and select from the content.

e. Use image content in a manner that infringes the trademark or other intellectual property rights of any third party or results in fraudulent advertising or unfair competition claims.

f. Use any image content (in whole or in part) as a trademark, service mark, logo or other marks of origin, or as part of the above use.

g. Falsely or reasonably implied that the content of the image is created or claimed to be the copyright of the work by someone other than you or the copyright holder of the image content.

3. Warranty and Statement

Pngtree guarantees and represents:
a. Pngtree's contributors have granted Pngtree all necessary rights to the Content to grant the rights set forth in Sections I or II of the Applicability. It does not: i) infringe any copyright, trademark or other intellectual property rights; ii) infringe the privacy or publicity rights of any third party; iii) violate any laws, regulations; or iv) defamation, pornography or Obscene.

b. Although Pngtree has made reasonable commercial efforts to ensure the accuracy of the keywords and descriptions, Pngtree does not endorse any of the following and/or Or a statement: keyword, title or description; Pngtree does not assume any responsibility or liability for any claims arising out of any keyword, title or description.

c. Pngtree makes no representations or warranties other than as expressly provided in this Section of Warranties and Statements.

4. Compensation and Liability

4.1 Subject to the terms of this Agreement, if you do not violate the terms of this Agreement or any other agreement with Pngtree, Pngtree will defend the applicable Limitation of Liability described below, and will protect you from damage. Such compensation is limited to direct damages caused by the Client's third-party claims that are directly attributable to Pngtree's breach of the express warranties and representations set forth in Section III of this Agreement. The condition for compensation is that you notify Pngtree in writing of any such claim or threatened claim within five (5) business days of the date you know or reasonably know the claim or threatened claim. Such notice must include all details of the claim you are aware of at the time (eg, use of the content in dispute, the name and contact information of the person making the claim and/or the entity, and a copy of any communications received and/or sent) With the claim). Notifications must be emailed to admin@pngtree.com with a hard copy to, note: General Counsel, certifying mail, requesting a return receipt; or ii) overnight delivery, requiring a recipient signature. Pngtree reserves the right to resolve, resolve or defend any claim or action applicable to this indemnity. You agree to cooperate with Pngtree to protect any such claims and have the right to participate in any litigation at your own expense. You agree that Pngtree shall not be liable for any legal fees and/or other expenses incurred by you or on your behalf until Pngtree has a reasonable opportunity to analyze the validity of such claims.

4.2 Pngtree is not responsible for any damages, costs or losses resulting from modifications to the content or due to the context in which you use the content.

4.3 Limitation of Liability: The maximum total liability and total liability (“Liability Limit”) generated by each customer of Pngtree:

The "Team Premium" license can be paid for $10,000.

If you have questions about the above, please contact customer service. (email: info@pngtree.com)

4.4 You will indemnify Pngtree, its officers, employees, shareholders, directors, managers, members and suppliers from any damage or liability arising out of the use of the content of the images, except as expressly stated in these Terms of Service. Allowed use. If you violate any of the terms of this Agreement or any other agreement with Pngtree, you further agree to indemnify Pngtree for all costs and expenses incurred by Pngtree.

5. Additional Terms

5.1 After Pngtree has given notice, or you have learned that any content is threatened or actual infringement claim, in violation of other rights or any other statement that Pngtree may be liable, or Pngtree removes any content due to perceived business risk, according to Pngtree If you reasonably determine and notify you of such removal, you will remove the content from your computer system and storage device (electronic or physical) and, if possible, stop using the removed content in the future at your own expense. Pngtree will provide you with comparable content for free (as determined by Pngtree in its reasonable business judgment), subject to the terms and conditions of these Terms of Service.

5.2 If you use any content as part of a work product created or delivered to a customer or customer for a customer or customer, you will disclose the identity of such customer or customer to Pngtree in accordance with Pngtree's reasonable request.

5.3 Neither party may assign this Agreement without the prior written approval of the other party, but Pngtree may assign this Agreement to a subsidiary, an affiliate within the Pngtree Group, a merger or other entity involved in the restructuring of a company involving Pngtree, or An entity of all or almost all of Pngtree's assets or capital stock.

5.4 Unless otherwise stated in the coupon, any coupon or discount code applicable to the purchase will only apply to the first payment associated with such purchase.

5.5 If any jurisdictional law or regulatory body finds that any individual terms of these Terms of Service are invalid or unenforceable, such investigations are limited to such invalid or unenforceable parts and do not affect the remainder of such individual terms. Or any other part of these Terms of Service, otherwise the Terms of Service will remain in full force and effect.

5.6 It is expressly understood and agreed that the Terms of Service are entered into for the mutual benefit of the parties to this Agreement and that the Terms of Service do not impose any benefits, rights, obligations or obligations with third parties.

5.7. If you violate any of the terms of this Agreement or any other agreement with Pngtree, Pngtree reserves the right to terminate your account without notice, except for Pngtree's other legal and/or equity rights. If your account is terminated due to a breach of contract, Pngtree is not obligated to refund any fees you pay.

5.8 The liability of any personal license purchased by Pngtree under this Agreement shall not exceed the “Limited Limitation” of the license applicable to the Client when it knows or should be aware of the License, and does not consider the number of times the Subject Content is licensed or used by you.

5.9 Except as expressly provided in Section IV of this Agreement, Pngtree shall be liable to you or to any third party arising out of or in connection with your use of the Pngtree Website and/or Content (whether by contract, infringement or Other ways) exceed the applicable content license amount actually received by Pngtree.

5.10 Pngtree and any of its officers, employees, managers, members, shareholders, directors or suppliers do not assume any general, punitive, specific, indirect, consequential or incidental damages to you or any other person or entity. Liability for loss of profits. Any other damage, expense or loss resulting from your use of the Content, Pngtree in violation of this Agreement or other reasons, unless expressly stated herein, even if Pngtree has been advised of such damage, cost or loss.

5.11 Unless otherwise expressly provided in Section III, all contents are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, non-infringement, merchantability or implied warranties of fitness for a particular purpose. . If you modify or use content in a specific context, some content may contain elements that require additional permissions. If you make such modifications or use of the content in such circumstances, you are solely responsible for obtaining any additional licenses required.

5.12 Pngtree does not guarantee the content, Pngtree website or other materials meet your requirements, or use without interruption or error. The full quality of the content, performance, and use of the content is at your own risk.
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