Terms & Conditions
The term ‘[Piktochart]’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [Bayan Lepas Industrial Estate, Phase IV, Penang, Malaysia]. Our company registration number is [969041-H]. The term ‘you’ refers to the user or viewer of our website. The term ['Materials'] or ‘material’ refers to infographics or the output created using Piktochart. The term ['Application'] or ['Software'] refers to the application/software or Service that Piktochart renders available via piktochart.com or any of its subdomains or top-level domains.
General Terms & Conditions
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Malaysia.
During the term of these Terms, Piktochart grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Service and the Application solely for your personal use if you are an individual and solely for your business use if you are an organization or employee, contractor or other agent of your organization in connection with the creation, storage, display and arrangement of Materials you create using the Service. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Application in any manner. You are also strictly not allowed to share your user name and password with other users for free or by monetizing it. Upon doing so, you have breached the User Agreement and your account membership will be terminated.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service); involves commercial activities and/or sales without Piktochart’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Piktochart or any third party; or impersonates any person or entity, including any employee or representative of Piktochart.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Piktochart in its sole discretion) an unreasonable or disproportionately large load on Piktochart’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Piktochart may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
As a condition to using certain aspects of the Service, you will be required to register with Piktochart and select a password and user name. You shall not (i) select or use as a Piktochart User ID a name of another person with the intent to impersonate that person; (ii) use as a Piktochart User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Piktochart User ID a name that is otherwise offensive, vulgar or obscene. Piktochart reserves the right to refuse registration of, or cancel a Piktochart User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Piktochart password.
Please note that Piktochart reserves all rights to contact our users using the email address that has been supplied or via other social networks. Users are allowed to unsubscribe at their own discretion to such emails.
Fees and Payment.
Piktochart reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Piktochart reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites (the most updated pages include http://www.piktochart.com/pricing). Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Copyrights and Trademarks.
You own the copyright of the Material that you have created using Piktochart, attributing Piktochart using the watermark/logo in the Materials whenever publishing within any medium. The prior condition applies to Free Users while Pro Users do not need to attribute the Materials to Piktochart. You are given the rights to distribute the Materials on any medium including TV, print, Internet and mobile. You are also given the rights to re-sell the Material and any part of the completed Material as a Pro User. Please note that for both Free and Pro Users, you are strictly not allowed to sell user names/passwords or share them with others.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY MATERIALS YOU SUBMIT TO PIKTOCHART. You further agree that you will not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any created material.
You represent and warrant that: (i) you own the Materials posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Service and any other use of your Materials does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Service or created with the use of the Application.
Piktochart does not endorse and has no control over any User Submission. Piktochart cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Piktochart be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.
You may contact Piktochart at the following address:
Piktochart Sdn Bhd
Bayan Lepas Industrial Estate, Phase IV, Penang, 11900, Malaysia.
Or contact us via email: [email protected]