Terms of ServiceMay 2018
These terms of service (“Terms”) govern the access, browsing and use of the Website by their
users (“User” or “Users”, as applicable); the download and use of content owned by Pikbest;
as well as the services rendered through the Website (“Service” or “Services”, as
applicable).
Accessing and using any of the Websites implies that the User has read and accepts to be
bound by these Terms without exception. In case the User does not accept the Terms or have
any objection to any part of the present Terms the User must not use any of the Websites.
Pikbest may modify the Terms at any time and thus we recommended that the Terms are reviewed
on a regular basis by the User. The date at the beginning of these Terms refers to the
latest update of these Terms, which will be applicable from the date of publication.
Some Services provided through the Website may be subject to specific conditions or
instructions that must be accepted
by the User prior to the provision of the relevant Service. These specific conditions may be
imposed by Pikbest . Such
specific conditions shall apply in addition to the Terms and in case of conflict shall
supersede the Terms. Accordingly
the User must read and accept such specific conditions before the provision of the relevant
service. Likewise, in
respect of collection and processing personal data, the Privacy Policy will apply.
1.OFFERED SERVICES
Through the Website, the User can search visual content, like templates and
illustrations,images, AI and Photoshop files in any format (“Content”), as well as specific
information related to such content.
2. Authorised Use of Website
The User is only authorized to use the Website and the Services in accordance with the Terms
and in good faith.
The User will not interfere with the functioning of the Website or in the Services, in
particular will not impersonate another user or person. The User agrees not to carry out any
action that may damage, make unavailable, overload, deteriorate or impede the normal use of
the Website or the Services, which may impact the security of the Website or the Services,
or which may in any way interfere with the Services offered by Pikbest. It is prohibited to
use robots, spiders or any other mechanism, mobile application, program or tool to access,
copy or control any part of the Website or the Services in any way which is contrary to the
ordinary use of the Website or which infringes Pikbest's interests, without the express
prior authorization from Pikbest. Likewise, it is prohibited to obtain or attempt to obtain
the contents of the Website using any method or system not expressly authorized by Pikbest
or which is not the ordinary method of accessing the Website.
The User shall be responsible of ensuring prior to using the Services that the features of
the Services meet the User’s needs and that has all requirements, equipment and software
necessary for this purpose and of any costs required for the use of the Services.
The rights granted to the User under these Terms are personal and shall not be assigned to
any third party (including affiliates or entities part of the same group of companies)
totally or partially, by any mean, without the prior, express and written consent from
Pikbest.
3. Registration
In order to use certain Services, the User must register, creating a username and password
and activating an account. To this end, the User must provide a valid email address where
the User will receive notifications related to the Services.
The User agrees to provide the mandatory information required for registration and also
acknowledges that such information is true, complete and up to date. The User is solely
responsible of keeping such information updated. Should the User provide false, outdated or
incomplete information, or should Pikbest have reasons to suspect it, Pikbest reserves the
right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password and must not disclose it to
third parties. The User must neither allow other Users to access the Services through the
User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through
any device. If the User suspects that another user is using his account he/she should
immediately inform Pikbest.Pikbest may suspend or cancel the account of the User if it
considers that the User has breached these Terms.
4.RESPONSIBILITY
The User acknowledges and agrees that uses the Websites and its Services at the User’s own
risk and under the User’s responsibility and therefore Pikbest does not accept any
responsibility for misuse or use in breach of these Terms.
Pikbest does not warrant the availability or continuity of the Websites and the Services,
neither its reliability, quality, completeness, accuracy or whether they are fit for a
specific purpose or activity.
As way of example and without limitation, Pikbets shall not be liable for any damages that
may result from:
• Interruptions, viruses, technical problems, interferences, omissions, unavailability,
power cuts, failure of the telecommunication networks or the User’s equipment which are
not Pikbest’s responsibility.
• Delays or unavailability of the Websites and the Services due to deficiencies or
traffic overload on the Internet, in the communication network or the electricity grid.
• Third party actions.
• Unavailability of the Websites and the Services due to maintenance or software
updates. Any other event beyond Pikbest’s direct control.
Any other event beyond Pikbest’s direct control.
Save for Pikbest’s wilful misconduct,and those cases in which due specific circumstances of
the user involved or the nature of the matter,applicable law provides that liability cannot
be limited by agreement,use of the website and the services is at sole risk of the user and
the services is at sole risk of the user and Pikbest shall not be liable for any damage of
any kind caused to the user as a resule of using the website and the services.
5. INTELLECTUAL PROPERTY
Subject to your compliance with these Terms of Service, any applicable license agreement with
Pikbest, and the law, you may access and use the Site. Pikbest remains the sole owner of all
right, title, and interest in the Site and reserves all rights not expressly granted under
these Terms of Service.Pikbest may modify, replace, or discontinue the Site or any part
thereof at any time, for any reason, with or without notice, in Pikbest’s sole discretion.
Pikbest provides the Site on an "as is" and "as available" basis.
All content on this Site, including but not limited to products, and related metadata
(collectively the "Pikbest Content"), as well as the selection and arrangement of the
Pikbest Content, are protected by copyright, trademark, trade secret and other intellectual
property laws and treaties. Any unauthorized use of any Pikbest Content violates such laws
and this Terms of Use. Except as expressly provided herein or in a separate license
agreement between you and Pikbest, Pikbest does not grant any express or implied permission
to use the Site or any Pikbest Content. You agree not to copy, republish, frame, link to,
download, transmit, modify, adapt, create derivative works based on, rent, lease, loan,
sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site
or any Pikbest Content. In addition, you agree not to use any data mining, robots or similar
data and/or image gathering and extraction methods in connection with the Site or Pikbest
Content.Unless you enter into a license agreement with Pikbest you may not download,
distribute, display and/or copy any Pikbest Content.
6. CONDITIONS FOR THE SUBSCRIPTION
The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription
in the Website. When concluding the purchase procedure for any Subscription, it shall be
deemed that the User has read and accepted, without exception, the Subscription Terms.
In case the User is interested in purchasing any Subscription, it has to follow the
instructions available in the Website from time to time.
The Subscriptions available for the Content in the Pikbest Selection are offered in the
Website where the relevant information, price and conditions are included (including,
without limitation, restrictions to the number of downloads of Pikbest Content each day).
Pikbest can modify at any time the Subscriptions offered, offering with new Services (to
which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer
any of the Services. The Subscriptions are personal, shall not be assigned to third parties
and no third parties other than the User shall be allowed to use the Pikbest Content
(including as third parties, for these purposes, affiliates or entities part of the same
group of companies).
The price for the Subscription is stated in US Dollars in the Website and includes, if
applicable, the relevant Value Added Tax. Pikbest is entitled to modify the price for any
Subscription at any time. Pikbest shall apply the price stated in the Website at the time of
the submission of the order of the Subscription by the User.
The User shall pay the Subscription in advance through Paypal or credit card, as stated in
the Website. To purchase and pay the Subscription, the User shall follow the instructions
stated in the Website. The processing of the payment information and data through Paypal or
credit card is made within third parties sites. When ordering any Subscription, the User
authorizes Pikbest to collect the corresponding price through the chosen payment method. The
Subscription shall not be activated until Pikbest has received the payment or the payment
has been authorized by the relevant financing entity. After that, the Subscription shall be
in force for the term purchased by the User.
As the Pikbest Content is digital content, no cancellation right shall apply, without
prejudice to the guarantees stated in the consumers' regulations that may be applicable.
About refunds: You can get a full refund only if the following conditions are met: 1.Pay
within 15 days and haven't downloaded any resources. 2.Never applying successfully for the
invoice.
For Monthly Premium User, you can only request the refund of the current billing
period. Previous payments can not be refunded.
And according to the refund policy of the third-party cooperation platform, we will deduct
the commission (the order pricex4.4%+$0.3) if you need to request refund. The commission is
entirely charged by the payment platform and pikbest will not make any profit.
If you would like to request a refund or credit on a purchase, please send email to [email protected].
How many resources can I download?
As a free user, you have a download limit per day, check here for more info https://pikbest.com/vip/. If you want
to extend this limit, you need to purchase one of our Premium subscriptions.
As a premium user, you have a limit of 100 downloads per day.
We want to allow our users to download a high number of resources. However, to avoid an
irresponsible use of our resources, we’ve established this limit.
Remember, if you download the same file more than once in the same day, it counts as one
download of the daily download limit. So for example, if you download the same resources 3
times, you still have 99 downloads left for the day.
However, if you download a file you already downloaded on a previous day, it will still
count towards your limit.
We feel that the number of downloads permitted are enough for most of our users but we
understand that there might be users who may need to download more resources for specific
purposes that still might be in accordance with our terms of use. If you think this applies
to you, please email us at [email protected] and we’ll
be happy to help.
7.GENERAL AND CONTACT INFORMATION
If any provision in these Terms is declared to be invalid or unenforceable, it shall be
deemed that it had not been included. The remaining provisions in these Terms shall not be
affected in anyway.
If you are having problems or require support, please quick contact: [email protected].
GOVERNING LAW: These Terms of
Service and any separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of UK.
PNGTREE GRAPHIC DESIGN LIMITED
FLAT 1001 10/F, CARNIVAL COMMERCIAL BUILDING, 18 JAVA ROAD NORTH POINT, HK
Pikbest License
January 2020
Pikbest authorizes the User to download and use the Pikbest Content under the terms of this Section. Pikbest and its licensors reserve all rights over the Pikbest Content that are not expressly granted in this license to the User.
License Description
Pikbest authorizes the User in a non-transferable, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the Pikbest Content, as expressly permitted by the applicable license and subject to this document.
The license is a single-seat license that authorizes only one natural person to download and use the content. 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. For the sake of clarity, if the user is in an employment relationship, the employer will be considered the licensee of the license.
When the non-subscription account to which you belong is downloading and using pictures, you need to mark the website link and creator attribution as required for its storage, publication, and provision on other social media or other services.
You may not remove any copyright notices contained in the Pikbest Content.
If you have any questions about any content or think it violates any rights, does not comply with these terms, or is inappropriate, you can follow the instructions in these terms to contact Pikbest, or follow the instructions provided.
About trademark logo License
The content submitted by contributors may contain trademarks and product appearances. Due to the regional nature of intellectual property rights and the massive amount of website content, Pikbest cannot determine whether the above trademarks and product appearances are protected by a monopoly in the country where you use them. They are only displayed as effects. Obtain the commercial authorization of the above-mentioned trademarks and product appearance through the license. The following are detailed information about the use of trademarks and product appearance:
●For personal learning use only. The legal rights and interests of the trademarks and product appearances contained in the content of our website are protected by the laws of different regions. Unless otherwise specified, you can only use it for personal study, research, or appreciation. The content cannot be modified, executed, published, or produced. , Transfer to any other person for any commercial purpose or external use, otherwise, you should replace the above trademark or product design (for example Facebook trademark, held by Facebook Technologies, Inc.).
●Follow the brand guidelines of respected organizations. Any use of yours shall not be carried out in the form of unfair competition, nor shall it detract from the brand value of others or damage the legitimate rights and interests of the right holder.
Free users can use images in the following situations:
The image content downloaded by free users is only for personal and private use, such as mobile phone computer wallpapers, personal social media, personal greeting cards/invitation letters, etc.
The source or attribution of the picture must be indicated when using it, and the sale in any form is prohibited.
Charitable non-profit organizations can use it without requiring any license authorization in a non-commercial situation, and the source must be indicated when using it.
Personal Premium Plan authorizes you to use images in the following situations:
This is an individual license authorizing one natural person to access the account in order to license and use images. The following is a legal agreement between you, as individual licensee (hereinafter as "you") and Pikbest.
This agreement does not allow Legal Entity (Company) to purchase license. Such customers must use Enterprise plan and purchase licenses under Enterprise License Agreement.
Purchasing any pikbest Personal Premium Plan can obtain the following authorization.
Pikbest hereby grants you the exclusive and non-transferable permanent right to use (download image license agreement is required), modify (except for those expressly prohibited below), or copy the content expressly permitted by the applicable license and Global image literature subject to this agreement.
The scope of application is as follows:
I.Digital Marketing: online advertising, social media platform (e.g. Facebook, Instagram, Twitter, etc.), h5 page, email, e-card, sildes, electronic publications (e-books, e-magazines, blogs, etc.), third-party e-commerce platform.
II.Online Media: video sharing services such as YouTube, Dailymotion, Vimeo, etc.
III.Print: newspapers, ads on paper media, covers, flyers, posters, coupons, roll-ups, CD/DVD covers.
Exposure Limit: Up to 50,000 impressions
Print Limit: Up to 50 copies
Enterprise Plan authorizes you and your Individual or Legal Entity (Company) to use images in the following situations:
Pikbest hereby grants your Individual or Legal Entity (Company) exclusive, non-transferable permanent use rights (download image license agreement required), modification (except for the following expressly prohibited) and copy the content as applicable The license expressly permits and is subject to the global image literature of this agreement. (Including but not limited to individuals, companies, branches, partnerships, businesses, factories, educational/training institutions/schools, financial entities, government agencies, medical institutions, and community organizations, such as retail shops, enterprises, engineering firms, industrial societies, studios, restaurants, and workshops, etc.)
The Enterprise plan grants you and your employees the right to use images:
I.Digital Marketing: online advertising, social media platform (e.g. Facebook, Instagram, Twitter, etc.), h5 page, email, e-card, slides, electronic publications (e-books, e-magazines, blogs, etc.), third-party e-commerce platform.
II.Online Media: video sharing services such as YouTube, Dailymotion, Vimeo, etc.
III.Print(only applicable to Enterprise Advanced Plan): newspapers, ads on paper media, covers, flyers, posters, coupons, roll-ups, CD/DVD covers.
IV.Book publishing(only applicable to Enterprise Advanced Plan):Newspaper layout, magazine cover and layout, book cover and layout
V.Decoration (only applicable to Enterprise Advanced Plan): 3D design, CAD drawing, interior design (e.g. home renovation renderings, brick surface drawings, etc.), home design (e.g. wall galleries, wallpaper, paintings, screens, etc.)
Ⅵ.Outdoor Advertising (only applicable to Enterprise Plus Plan): buildings, auto ads, light boxes, window displays, signage banners, billboards, conventions, events, conferences, public places.
Ⅶ.Offline Resale(only applicable to Enterprise Plus Plan):textiles,mobile phone cases,greeting cards,postcards,calendars,business cards, cups, T-shirts, books, brochures, etc. Product packaging for commercial purposes.
Note:The scope of these authorization rights and the printing and distribution restrictions allowed are differentiated according to the type of Enterprise plan. For details, please refer to the display on this website.
Please match your Enterprise plan type to view the specific applicable image license authorization range.
Restrictions on exposure and print are applied on different types of Enterprise plan.
(1)Enterprise Standard Plan:
Exposure Limit: Up to 100,000 impressions
(2)Enterprise Advanced Plan:
Exposure Limit: Up to 500,000 impressions
Print Limit: Up to 300,000 copies
(3)Enterprise Plus Plan:
Exposure Limit: Unlimited impressions
Print Limit: Up to 500,000 copies
For details, please view https://pikbest.com/?m=team see the version authorization difference.
Please be noted that if the user of the Account is an individual entity, you can select any package that meets your requirement. If the user of the Account is a Legal Entity (Including but not limited to icompanies, branches, partnerships, businesses, factories, educational/training institutions/schools, financial entities, government agencies, medical institutions, and community organizations, such as retail shops, enterprises, engineering firms, industrial societies, studios, restaurants, and workshops, etc.), you are required to purchase Enterprise Plan for using Pikbest Content.
If all abovementioned licenses are unable to meet your needs, please feel free to contact via
[email protected] for customized solutions.
Restrictions on the use of content
1.You cannot redistribute, access, share or transfer Pikbest Content or any derived work from a content in the Pikbest Content; 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. These things are not allowed even if the redistribution is for free.
2.You cannot use the content in the Pikbest Content (totally or partially) in any trademark, logo or part of the same. You can’t claim trademark or service mark rights over an Item within the End Product created using that Item.
3.You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in connection with sensitive subjects.
4.You cannot imply that the content is created or claimed to be the copyright of the artwork by you or someone other than the copyright holder of the Pikbest content.
5.When any content of the Pikbest Content is marked or identified as For Reference Only (including "font for reference only", "image for reference only", "music for reference only", "product for reference only"), or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, you shall only be entitled to use it for such editorial use. In such cases, you undertakes not to use that content in any manner that entails advertising, marketing or commercialization of any product or service. You shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by you of any content belonging to the Pikbest Content, which according to this paragraph should be for editorial use only.
Warranty and Statement
1.Although Pikbest has made reasonable commercial efforts to ensure the accuracy of the keywords and descriptions, Pikbest does not endorse any of the following statements: keyword, title or description; Pikbest does not assume any responsibility or liability for any claims arising out of any keyword, title or description. It's your responsibility to check the files to ensure that there is an appropriate license for your intended use.
2.Pikbest makes no representations or warranties other than as expressly provided in this Section of Warranties and Statements.
Additional Terms
This license can be terminated if you breach the license. Pikbest reserves the right to terminate your account without notice, except for Pikbest’s other legal and/or equity rights. If termination happens, Pikbest is not obligated to refund any fees you pay. And you must stop using the relevant contents, which includes no longer making copies of or distributing the End Product created using that contents.
COPYRIGHT LICENSE AGREEMENT (FOR STANDARD PLAN)
WEBSITE OF THE LICENSOR:
LICENSEE:
ADDRESS:
LICENSEE’S ACCOUNT:
HTTPS://PIKBEST.COM
__________________________________________________
__________________________________________________
__________________________________________________
I. MODEL OF THE COPYRIGHT LICENSE
The model of the copyright license is PRF (Premium-plan Royalty-free), a brand new model
created for the Internet and mobile networks. PRF is specially for Internet-related
purposes, including website building, illustrations for social media, illustrations for
articles, illustrations for electronic commerce, brand building, brand promotion, etc. The
licensee, upon completion of a purchase of a VIP business plan issued by the licensor, has
the worldwide, permanent and non-exclusive right of use of the original content on the
website for free within the validity on the premise of proper use of the account unless
otherwise specified.
II. VALIDITY OF THE COPYRIGHT LICENSE
1. The duration of the use of the licensee’s account is one year.
2. The licensee is
allowed to download and use all original content on https://pikbest.com labeled as “for
commercial use” for free within the scope stipulated in this copyright license agreement,
which is agreed on by both the licensor and the licensee.
III. SCALE OF THE LICENSEE’S BUSINESS ENTITY
The total of the incumbent employees of the licensee’s business entity shall be less than
500.
IV. DETAILS OF THE COPYRIGHT LICENSE
1. General provision. Each piece of the content by the licensor is allowed to be purchased
individually by means of extended permissions, where the licensee is allowed to use the
purchased content for unlimited times and non-exclusive purposes without limitations on the
scope of use. The licensee shall not authorize, sublicense or transfer the purchased content
to any third party. The ownerships or IPRs (intellectual property rights) of the content
shall be held by the licensor or the ownership holder.
2. Property of the license. The
copyright license is for commercial use for business entities.
3. Details of the purposes
allowed.
(1) Digital media, including social media, illustrations for websites, music,
etc.;
(2) HTML5 pages, electronic mails, electronic postcards, illustrations for
Microsoft PowerPoint documents, music, etc.;
(3) images for third-party electronic
commerce platforms; and
(4) media purposes, including media playback or live streaming
platforms, including television, online videos, movies, etc.
The total of impressions
generated via the aforementioned online and media purposes shall be no more than 100,000.
Please select an appropriate plan or request a supplementary copyright license.
V. PROHIBITIONS
1. The licensee shall not use the licensed content in approaches that are in breach of the
terms and conditions stipulated in this copyright license agreement or beyond the scope
stipulated in the terms and conditions stipulated in this copyright license
agreement.
2. The licensee shall not share the licensed content with any third party,
including but not limited to sharing the purchased content with, or offering the purchased
content to any third party by means of digital asset management systems, Internet-based
approaches, online and sharable storage services and platforms or any other similar devices
for the purpose of sharing or transferring the content.
3. The licensee shall not
use the content in inappropriate approaches that are in breach of trademark rights or IPRs
(intellectual property rights) of any third party, or produce or try to produce deceptive
advertisements or commercials or engage in activities that involve illicit
competitions.
4. The licensee shall not use the portraits or figures offensively,
including but not limited to the scenarios listed below.
(1) The licensee shall not use
the portraits or figures for porn-related purposes or similar scenarios, or dating-related
purposes or similar scenarios;
(2) the licensee shall not use the portraits for
defamatory, illicit, offensive or unethical purposes; the licensee shall not use the
portraits in the content as models with implicit information about unethical or illicit
activities attached to the portraits, or attach physical or mental weakness or illness to
the portraits in the content; and
(3) the licensee shall not use the portraits in the
content for purposes related to sensitive advertisements or commercials, including but not
limited to tobacco, medicine, drugs, plastic surgeries, physical recoveries, healthcare
products, and audio or video services (e.g. socializing, dating-related and pre-marriage
tests, etc.).
VI. OTHER PROVISIONS
1. If the licensee is in breach of the terms and conditions stipulated in Part V, the
licensor has the right to terminate the licensee’s right of use of the account and the
licensor shall not refund the licensee. The licensee shall bear legal responsibilities and
all the loss as a consequence of the breach.
2. Please use your account properly. A
built-in anti-fraud system exists for commercial protection concerns and the licensor has
the right to suspend the functions related to downloading of the licensee’s account if the
anti-fraud system is triggered due to intensive downloads by the licensee.
3. If the
content is labeled as “portraits and fonts for reference only” on the licenser’s website,
the licensee shall request permissions in written form from the licensor prior to the use of
relevant portraits or fonts. Otherwise, the licensor shall not bear any loss generated as a
consequence.
4. The licensee, if purchasing the VIP business plans issued by the
licensor, agrees on the terms and conditions stipulated in this copyright license agreement,
which takes effect upon the date when the licensee purchases a VIP business plan issued by
the licensor.
DATE (MM/DD/YYYY): _______/________/_______
Welcome to Pikbest's Privacy Policy
Hi, we're Pikbest and welcome to our privacy policy. This Privacy Policy explains what
information of yours will be
collected by Pikbest when you use the Pikbest Service, how the information will be used, and
how you can control the
collection, correction and/or deletion of information. We will not use or share your
information with anyone except
as described in this Privacy Policy.
How we collect personal information
User-Provided Information: We may collect personal information directly when you
provide it to us, automatically as you navigate through the Sites or through other people
when you use services associated with the Sites.
When you provide personal information to us via the Sites you’re consenting to us collecting
and using that information in line with this policy and the user terms of each of the Sites.
You are likely to provide personal information when you complete membership registration on
our Sites, fill out a survey, or send us a communication.
If you choose not to provide personal information, we may not be able to provide you with
our services and you may not be able to carry out transactions or access the full range of
features available through our Sites.
Log File Information:Log file information is automatically reported by your
browser each time you access a web page. When you use the Service, our servers automatically
record certain log file information. These server logs may include information such as your
web request, Internet Protocol ("IP") address, browser type, referring / exit pages and
URLs, number of clicks and how you interact with links on the Service, domain names, landing
pages, pages viewed, and other such information.
Third Party Services: Pikbest uses third party analytics services including
Google Analytics to help understand use of the Service. These services collect the
information sent by your browser as part of a web page request, including cookies and your
IP address, and their use of this information is governed by their Privacy Policy.
How Pikbest uses personal information?
Generally, the User may browse the Website without providing any personal information.If the
User registers on the Website, the data gathered will be incorporated to a file in Pikbest
in order to manage the Website, provide its Services, offer certain functionalities
associated to the status of User (the list of downloads, for instance), and send information
to the User about the Services of Pikbest through newsletters (the subscription of which can
be canceled by Users at any moment from their account).
Pikbest doesn't gather information about the age or date of birth of their Users when they
register. Consequently, there isn't a particular treatment aimed to underage Users. Pikbest
is only aimed to full age Users.
Any information received by Pikbest through Contact forms, satisfaction surveys available on
the Website, or through the email addresses [email protected], will be incorporated to a Pikbest
file and will only be used with the intention of answering the questions, suggestions or
complaints sent by the Users of the Website.
Any information received by Pikbest through the Work With Us form available on the Website
will be incorporated to a Pikbest file and will only be used with the purpose of managing
the selection process of Pikbest personnel.
The Website includes plugins that allow to perform some actions in social networks belonging
to third parties such as Facebook, Twitter, Pinterest or Google+ like sending a publication
or show support to the Website, for instance. These plugins are displayed with the logo of
their associated social network. If those plugins are accepted, the corresponding content
will be sent to the adequate social network. The User may find information about how those
plugins work and in what way the personal data is used in the privacy policies of these
social networks. If the User doesn't wish these social networks to collect these personal
data, the plugin shouldn't be accepted and the account should be abandoned before browsing
the Website.
User's rights
Pikbest ensures that users can exercise the rights set forth in the General Data Protection Regulations (GDPR), which became applicable on May 25, 2018.
Users can exercise the following rights by sending an email.
Please note that Pikbest may require users to verify their identity before exercising their rights.
The user has the following rights:
(a) Access rights: The user has the right to obtain confirmation from Pikbest about whether or not the personal data related to it is being processed;
(b) Right of Correction: The user has the right to ask us to correct personal data if it is inaccurate or incorrect. When requesting correction, the user must indicate the data to be corrected and provide the correct information. In addition, requests must be sent with supplemental documents as necessary to supplement incomplete or inaccurate data.
(c) Erase rights: Users have the right to request the deletion of personal data about their personal accounts. When requesting to terminate an account and thus delete all personal information, the user must be aware of the following:
(1) Personal information may be retained and used as necessary to perform its legal obligations under financial obligations and associated with judicial information and auditing;
(2) If the user sends an erase request, the personal data will be deleted from Pikbest's secure backup system when the next backup is completed.
(3) Pikbest will not actively delete your personal data. As long as your account is valid, we will keep your information, verify or enforce the license to use the content if necessary, and retain the services you need to fulfill or fulfill our legal obligations. Information.
(d) Right of revocation: In the case that the user authorizes the processing of its data, the user has the right to withdraw his consent at any time. Revocation consent can be obtained by e-mail, and the user is asked to specify the consent that he wishes to revoke.
You can make these requests at the customer information section, or emailing your request to Pikbest.com’s Customer Support
department at [email protected]. Please do not email
your credit card number or other sensitive information.
Your Choices About Your Information
You may, of course, decline to submit personally identifiable information through the
Service, in which case Pikbest may not be able to provide certain services to you. You may
update or correct your account information and email preferences at any time by logging in
to your account settings page. You can review and correct the information about you that
Pikbest keeps on file by contacting us directly at [email protected].
How We Protect Your Information?
We care about the integrity and security of your personal information. We cannot, however,
ensure or warrant the security of any information you transmit to Pikbest or guarantee that
your information on the Service may not be accessed, disclosed, altered, or destroyed by
breach of any of our physical, technical, or managerial safeguards. Your privacy settings
may also be affected by changes to the functionality of Pikbest's distributors, such as
social networks. We are not responsible for the functionality or security measures of any
third party.
To protect your privacy and security, we take reasonable steps (such as requesting a unique
password) to verify your identity before granting you access to your account. You are
responsible for maintaining the secrecy of your unique password and account information, and
for controlling access to your email communications from Pikbest, at all times.
How can you contact us?
If you have any questions about our privacy practices, we hope that you can contact Pikbest directly or notify the data protection contact, please ask your request, objection, inquiry or suggestion regarding your personal privacy policy as detailed as possible. We will consider your complaint and contact you to resolve the matter. We’re really glad you made it to the end of the privacy policy, because knowing this stuff is the best way to understand how your personal information is used and how to best manage it!
Our contact information: Data Protection Officer
The contact information of Email: [email protected].
Telephone: 0086021-61109163
Copyrights Infringement Notification
If you believe that any content posted on the Pikbest Website infringes copyright, you may
send us a notification inlcuding all relevant information.
Copyrights Notification Guidelines
Pikbest respects third party’s copyrights, and it is our policy to respond to all
notifications about copyrights infringement as established by applicable regulations. Once
the notification complying with these Guidelines is received, Pikbest may remove or disable
access to the allegedly infringing material or adopt such further action that at our
discretion may be appropriate, including disabling a user’s account. When taking such
measures, Pikbest may attempt to contact the party that posted the content so that such
party may make any statement he/she deems appropriate according to applicable regulations.
Copyrights infringement notifications must meet the following requirements:
• The handwritten or electronic signature of the person submitting the notification.
• The
handwritten or electronic signature of the person submitting the notification.
•
Identification of the materials that are claimed to be infringing and that are to be removed
or access to which is to be disabled, and information reasonably sufficient to allow Pikbest
to locate that material.
• Information sufficient to allow Pikbest to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address.
• A statement that the complaining party has a good faith belief that use
of the material is not authorized by the copyright owner or the law.
• A statement that
the information in the notification is accurate and true.
Pikbest will follow the
procedure provided by applicable regulations to ensure compliance with copyright. When a
proper notification complying with the conditions above is received, Pikbest will remove or
disable access to infringing materials as soon as possible. Pikbest will not necessarily
send a confirmation regarding the removal/disabling.
The statements by the party that
posted the allegedly infringing content must also comply with the requirements for
copyrights notifications. Note that you may be liable if the material infringes third
party’s rights, so we recommend that if you are unsure, seek for legal advice.
Pikbest Copyright Contact Information:
If you believe that the party posting the allegedly infringing material is a reoffending
publisher, you may facilitate Pikbest the relevant information in order to verify and take
the corresponding measures.
If you believe that the party posting the allegedly infringing material is a reoffending
publisher, you may facilitate Pikbest the relevant information in order to verify and take
the corresponding measures.
Thank you for your cooperation.
Reporting Abuse
Pikbest has a zero-tolerance approach towards abusive content/files. To report abuse in
relation to content or files please email [email protected] with a clear summary/description of
the issue at hand.
INTELLECTUAL PROPERTY RIGHTS
A Pikbest Premium Plan can be used by an individual or business entity on a single or
multiple devices simultaneously depending on different plan types. Pikbest(Pikbest.com and
its subdomain) contents are designed by contracted designers and each piece of artwork has
been reviewed by the expert team.
Our Credit Card Provider contact information: Pikbest original contents (marked with "Commercial Use" label on the image) are created and
uploaded by Pikbest self-owned contracted designing team. Pikbest users can use the original
materials for the commercial purpose if they follow the Pikbest License Agreement, but users
are not allowed to sub-license the original artworks. Meanwhile, Pikbest provides free users
with 1 free download every day for specified categories. Users are allowed to use the
contents for commercial purposes but are required to attribute the authors. For examples:
©Pikbest.com. Moreover, please be noted that all portrait images in Pikbest contents are for
reference only. Users are required to replace the portrait images if not permitting by the
owner of the portrait images.
Under the circumstance that the copyright owner believes that his/her work is infringed, any
individual or business entity who files a complaint with Pikbest should submit his/her name,
telephone, identification, ownership certificate, specific link (URL) and infringement
details to the copyright complaint report channel. Pikbest will engage in the investigation.
If the infringement is verified, the infringing artworks will be eliminated from the website
in 1-3 business days. Pikbest also encourages users to monitor the content on the site with
us.
Pikbest users are allowed to download artworks through the official website under the
conditions specified by different premium plans. While the premium plans allow users to
download content without a limitation in total, we do set a frequency restriction in order
to protect our designers’ artwork for security purposes.
Without the permission of Pikbest, it is prohibited to plagiarize any intellectual content of
Pikbest, including but not limited to downloading design resources on the website, copying
or imitating the site, using non-Pikbest server to establish a mirror site, as well as
Pikbest logo, source code, and webpage layout design,etc.
Pikbest regards all users who enter the Pikbest homepage and subpages as that they have
carefully read the Terms and Conditions and fully agree.
What is Commercial Use Purposes?
Commercial Use Purposes means that Pikbest content which is labeled Commercial Use can be
used in various commercial scenarios such as Digital Marketing, Print, Online Media,
Decoration, Outdoor Advertising, etc. However, the authorization levels are different
depeniding on the Pikbest Premium Plan the user subscribes.
Neverthless, there are some restrictions on the use of content which are applicable to all
Premium Plans.
1.You cannot redistribute, access, share or transfer Pikbest Content or any derived
work from a content in the Pikbest Content; 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. These things are not
allowed even if the redistribution is for free.
2.You cannot use the
content in the Pikbest Content (totally or partially) in any trademark, logo or part of the
same. You can’t claim trademark or service mark rights over an Item within the End Product
created using that Item.
3.You can only use an Item for lawful purposes. Also, you
can’t use an Item in connection with material which is offensive, defamatory, pornographic,
obscene or demeaning, or promotes discrimination. If an Item contains an image of a person,
even if the Item is model-released you can’t use it in a way that creates a fake identity,
implies personal endorsement of a product by the person, or in connection with sensitive
subjects.
4.You cannot imply that the content is created or claimed to be the copyright
of the artwork by you or someone other than the copyright holder of the Pikbest
content.
5.When any content of the Pikbest Content is marked or identified as For
Reference Only (including "font for reference only", "image for reference only", "music for
reference only", "product for reference only"), or when within the same there are logos,
recognizable products, public buildings, public events or images taken in places where
recognizable persons appear on the background, you shall only be entitled to use it for such
editorial use. In such cases, you undertake not to use that content in any manner that
entails advertising, marketing or commercialization of any product or service. You shall be
directly liable and the Company shall not assume any liability as a result of the use for
commercial purposes by you of any content belonging to the Pikbest Content, which according
to this paragraph should be for editorial use only.
What is PRF (Premium-plan Royalty-Free)?
PRF is a new copyright licensing model for the Internet Environment. It specializes in a
variety of network services: creating websites, social mapping, web-media contents,
marketing articles contents, e-commerce marketing plans, brand marketing and other
promotional purposes.
Users are required to purchase the premium plan to gain the using
rights of contents during the validity period. The contents could be used permanently
without restrictions on time, area, etc. if users obey the PRF Authorization Agreement.
PRF Authorization Agreement features are as follows:
1. The users could directly to get the high-definition images. The images would not be split
into different sizes.
2. Low prices, one-time payment for long-term use.
3. It
would not be charged by each piece of image.
4. It provides the main service for
network(Internet, mobile Internet) use.
5. It is suitable for large amounts of images
for personal and business use.
6. It could be used for multiple purposes and times,
without any additional costs.
Copyright Authorized Agreement is divided into:
The Traditional Sales Model and The Innovative Sales Model.
The Traditional Sales Model
is divided into RM(Royalty-Managed) and RF(Royalty-Free) authorized agreement. Both of them
were born in the 20th century without Internet and it is suitable for traditional outdoor
advertising, printing, etc. The Innovative Sales Model is divided into CC0 and PRF
authorized agreement. Both of them were born in the 21st century and they are not only
suitable for the trend of the Internet and mobile Internet but also satisfy the demands of
the Internet and mobile Internet.
RM (Royalty-Managed) Copyright management mode, also
known as a specific use of copyright mode. It is defined as RM mode images, the
authorization of users would be limited by number of times, time, space and the purpose of
use. Each time a client uses such images, the license must be authorized.
The
authorization price is calculated based on their usage, geographical location, expiration
date, usage period, image size and other . End users also have the opportunity to buy the
using rights of the images.
The features of RM agreement: The earliest mode of
authorization. It is expensive, the general price is about thousands, tens of thousands,
hundreds of thousands. Basically only suitable for large enterprises.
RF (Royalty-Free)
is defined as an image of the RF mode and the user's license is a non-exclusive license to
use. The use of images would not be limited by the number of times, time, space, use of
purposes after users purchase the using rights.
The features of RF agreement: the
traditional mode of profit image licensing. The price of each image is different which is
according to the size of the images.
CC0 agreement: copyright sharing agreement.
Creators (designers, photographers, etc.) share their copyright with the world and no longer
hold the copyright by themselves of their images. It could be commercially used globally.
Refund Policy
You can get a full refund only if the following conditions are met: 1.Pay within 15 days and
haven't downloaded any resources. 2.Never applying successfully for the invoice.
For Monthly Premium User, you can only request the refund of the current billing period.
Previous payments can not be refunded.
And according to the refund policy of the third-party cooperation platform, we will deduct
the commission (the order pricex4.4%+$0.3) if you need to request refund. The commission is
entirely charged by the payment platform and pikbest will not make any profit.
It normally takes about 3-5 business days to process a refund request. After 5 business days,
please contact your card-issuing bank to track the money return process.
If you would like to request a refund or credit on a purchase, please contact [email protected]
1.Can I use the content for My Business?
Yes, you can use Pikbest content for your business in digital marketing and media (Exposure
Limit: up to 50,000 impressions; Print Limit: 50 copies)
If the license entitlement for
the Personal Premium Plan is not able to meet your needs, please refer to our Business
Premium Plan.
2.Can I use the content for My Clients?
You can only custom work for one specific client.
According to the principle of
Single-seat License, if you want to create custom work for more than one client using
Pikbest content, you will need to re-subscribe a new account for your principal's
eligibility.
3.Can I use the content in Social Media posts?
Yes, you can use Pikbest content to create social media posts for sites like Facebook,
Instagram, Twitter, etc., as a private user or for your own business. The exposure is
limited to 50,000 impressions.
4.Can I use the content in YouTube videos?
Yes, you can use Pikbest content to create your videos on YouTube, as a personal user or for
your own business. The exposure is limited to 50,000 impressions.
What if I receive copyright claim on Youtube?
5.Can I use the content in blogs and websites?
Yes, you are authorized to use Pikbest content for your own blog and website. This can be
applied to support for the posts and contents that you publish, as long as our original and
editable images are not redistributed. The exposure is limited to 50,000 impressions.
6.Can I use the content in Ready-to-Print files?
At Pikbest you can find many templates to create invitations, flyers, business cards,
posters, etc.
For personal purposes,you can use these contents without any
restriction, for example, as an invitation for your own wedding.
For commercial purposes, you are allowed to use a content for one specific client, but the
same design cannot be offered to multiple clients. The offline printing is limited to 50
copies.
If the license entitlement for the Personal Premium Plan is not able to meet your needs,
please refer to our Business Premium Plan.
Please remember that you are not
authorized in any case to make business or deliver the original (or modified) editable
AI/PSD/EPS file to anyone, sub-license, resell or rent any of our resources.
Business Premium FAQs :
*Please be noted that Business Premium Plan is regarded as a
higher level of Personal Premium Plan, meaning that the privileges entitled to Personal
Premium Plan are also applicable to Business Premium Plan respectively.
1.What’s the difference between Business Premium Plan and Personal Premium Plan?
(1)The levels of authorization are different. Personal Premium Plan is entitled to Individual
Authorization. Business Premium Plan is entitled to Business Authorization, which indicates
a higher level of exposure, number of prints and using scenarios, etc.
For example, if
you are a member of Enterprise Business Premium Plan, there is no limit on digital marketing
exposure and the number of prints can be up to 500,000 copies.
(2)Different plans are
applicable to different using entities. If the account user is an individual, you can choose
either Personal Plan or Business Plan according to your requirements. If the using entity of
the account is a company, you are required to purchase one of our Business Premium Plan.
For more details on plan comparison, please refer to: https://pikbest.com/?m=team
2.Can I use the content for My Clients under Business Authorization?
You can only custom work for one specific client.
According to the principle of
Single-seat License, if you want to create custom work for more than one client using
Pikbest content, you will need to re-subscribe a new account for your principal's
eligibility.
Please remember that you are not authorized in any case to make business or deliver the
original (or modified) editable AI/PSD/EPS file to anyone, sub-license, resell or rent
any of our resources.
1.Can I use the content in PoD items or products that will be sold to multiple clients?
No, you can't use Pikbest content commercially on products that will be sold to multiple
clients or for Print on Demand (POD) items. For example, t-shirts, mugs, vinyls, calendars,
etc.
2.Logo Usage
You are not authorized to use Pikbest content fully or partially to create logotypes as our
images cannot be associated to trademarks, real businesses and organizations. If you are
interested in a logo design on Pikbest and want to purchase it exclusively, please feel free
to contact [email protected] for more details.
3.What is the difference between content with a crown and content without a crown?
The content with a "crown" label is either Pikbest Owned Content or Third-party Platform
Owned Content distributed by Pikbest. The content without a "crown" label is Contributor
Owned Content generated from Pikbest Contributor Project.
Please be noted that the
"crown" is not a label for premium download. It is just a label to differentiate UGC
(user-generated content) and OGC (occupationally-generated content).
Subscription Terms
Pikbest Month/Annual Premium plans are renewed automatically by default. If you buy any of the above plans, the system will charge the renewal before the due date (at the same price).
CONDITIONS FOR THE SUBSCRIPTION
The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription
in the Website. When concluding the purchase procedure for any Subscription, it shall be
deemed that the User has read and accepted, without exception, the Subscription Terms.
In case the User is interested in purchasing any Subscription, it has to follow the
instructions available in the Website from time to time.
The Subscriptions available for the Content in the Pikbest Selection are offered in the
Website where the relevant information, price and conditions are included (including,
without limitation, restrictions to the number of downloads of Pikbest Content each day).
Pikbest can modify at any time the Subscriptions offered, offering with new Services (to
which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer
any of the Services. The Subscriptions are personal, shall not be assigned to third parties
and no third parties other than the User shall be allowed to use the Pikbest Content
(including as third parties, for these purposes, affiliates or entities part of the same
group of companies).
The price for the Subscription is stated in US Dollars in the Website and includes, if
applicable, the relevant Value Added Tax. Pikbest is entitled to modify the price for any
Subscription at any time. Pikbest shall apply the price stated in the Website at the time of
the submission of the order of the Subscription by the User.
The User shall pay the Subscription in advance through Paypal or credit card, as stated in
the Website. To purchase and pay the Subscription, the User shall follow the instructions
stated in the Website. The processing of the payment information and data through Paypal or
credit card is made within third parties sites. When ordering any Subscription, the User
authorizes Pikbest to collect the corresponding price through the chosen payment method. The
Subscription shall not be activated until Pikbest has received the payment or the payment
has been authorized by the relevant financing entity. After that, the Subscription shall be
in force for the term purchased by the User.
As the Pikbest Content is digital content, no cancellation right shall apply, without
prejudice to the guarantees stated in the consumers' regulations that may be applicable.
About refunds: You can get a full refund only if the following conditions are met: 1.Pay
within 15 days and haven't downloaded any resources. 2.Never applying successfully for the
invoice.
For Monthly Premium User, you can only request the refund of the current billing
period. Previous payments can not be refunded.
And according to the refund policy of the third-party cooperation platform, we will deduct
the commission (the order pricex4.4%+$0.3) if you need to request refund. The commission is
entirely charged by the payment platform and pikbest will not make any profit.
If you would like to request a refund or credit on a purchase, please send email to
[email protected].
Renewal cancellation
The automatic renewal option can be easily cancelled from your user account and no cancellation fee will be applied.Online cancellation (https://pikbest.com/?m=home&a=index)
If you cancel your auto-renew subscription, you are not ending your Premium plan. This will remain active until the end of the period you have paid for, but you will no longer be charged for this subscription going forward.
We do not refund canceled subscriptions.