Terms
-
These terms of use ("Terms") govern the access, browsing, and use by the users ("User" or "Users", as applicable) of https://www.directpng.com/, including any of its subdomains and/or sections ("Website"); as well as the services rendered through the Website ("Service" or "Services", as applicable) which include the download and use of certain content.
Accessing and using the Website 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 has any objection to any part of the present Terms, the User must not use the Website.
The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed regularly 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 before the provision of the relevant Service. These specific conditions may be imposed by the Company or by third parties. 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, concerning the collection and processing of personal data, the Privacy Policy will apply.
1. Services Offered
Through the Website, it is offered to the User visual content, like vectors and illustrations, photos and images, PSDs and Photoshop files, vectors in any format, as well as specific information related to such content.
The Services may offer content owned by the Company ("DirectPNG Own Content"), content owned by third parties offered through the Website ("Collaborators Content") as well as third-party content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. DirectPNG Own Content and Collaborators Content shall be hereinafter referred to collectively as the "DirectPNG Content" and can be downloaded through the Website.
2. Authorized Use
The User is only authorized to use the Website and the Services by the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking, without the right of reimbursement of any of the amounts paid.
The User agrees not to use the Services negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Website or third parties.
The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it 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 the Company. The use of 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 that is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, before using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
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 means, without the prior, express, and written consent from the Company.
When providing the Services, the Website can publish advertising either related or not to the contents displayed or the Services, which is expressly accepted by the User.
3. Registration
To use certain Services, the User must register, create a username and password, and activate an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
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 for keeping such information updated. Should the User provide false, outdated, or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account.
The User must protect and keep the account password confidential 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/it should immediately inform the Company.
The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.
4. Content
The Services allow Users to search for content that may result in DirectPNG Content and Sponsored Content, according to his or her preferences, and download such DirectPNG Content.
If you have any questions regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.
4.1. DirectPNG Own Content
DirectPNG Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
4.2. Collaborators Content
Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.
When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access and subscription to the Collaborators Content.
The Company makes reasonable efforts to guarantee the lawfulness and quality of the Collaborator's Content. However, the Company cannot monitor or control all Collaborator's Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
5. Storage and Offer of Collaborator Content
The Company limits itself to solely hosting the Collaborator Content and, therefore, it has no obligation to edit, select, check, or control the Collaborator Content nor does it guarantee, approve or necessarily agree with the Collaborator Content. If you wish to make an inquiry related to the Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below.
The Collaborator is the sole and exclusive responsible for the Collaborator Content provided to the Company for storage, publishing, and offering to Users through the Website.
6. Liability
The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents, and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.
The Company does not warrant the availability or continuity of the Website or the Services, nor its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As a way of example and without limitation, the Company 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 are not the Company’s responsibility.
- Delays or unavailability of the Website 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 Website and the Services due to maintenance or software updates.
Any other event beyond the Company’s direct control.
SAVE FOR THE COMPANY’S WILFUL MISCONDUCT AND THOSE CASES IN WHICH DUE TO THE 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 COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
By Section 4 above regarding Sponsored Content, the Company exclusively limits itself to the provision of links to the content provided by the company that owns the Sponsored Content, based on the Users’ preferences, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation, or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability about the content of any linked website except in the specific circumstances provided by the applicable law.
By Section 4 above regarding the Collaborator Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Collaborator Content and the Users interested in downloading them, without any liability about such contents, except for those cases expressly stated by the applicable law.
The Company will make reasonable commercial efforts to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or equivalent. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable by these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles, or descriptions, or from the use of the visual content identified as exclusively for editorial use.
07. Conditions for the Premium Subscription
The terms in this Section ("Premium Subscription Terms") govern any purchase of the Premium Subscription in the Website. When concluding the purchase procedure for any Premium Subscription, it shall be deemed that the User has read and accepted, without exception, the Premium Subscription Terms. For the avoidance of doubt, the Premium Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Premium Subscription unless it is expressly provided otherwise about specific provisions in the Premium Subscription Terms.
These Premium Subscription Terms are available to the User before the purchase of the Premium Subscription and may be stored or reproduced on a durable medium.
The Premium Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Premium Subscription, it has to follow the instructions available on the Website from time to time.
The Subscriptions available are offered on the Website where the pertinent information, price, and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, 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 DirectPNG 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 the relevant currency on the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.
The User shall pay the Premium Subscription in advance through Paypal, credit/debit card, or any other valid payment method offered by the Company, as stated in the Website. To purchase and pay the Premium Subscription, the User shall follow the instructions stated on the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third-party sites. When ordering any Premium Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Premium Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Premium Subscription shall be in force for the term purchased by the User.
Unless otherwise stated in these Premium Subscription Terms, the Premium Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Premium Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Premium Subscription, provided that the User is informed with, at least, one-month prior notice, via email sent to the email address used for the registration process.
Once the User purchases the Premium Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours after the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
After the purchase of the Premium Subscription, the User may benefit from the following:
Benefits from DirectPNG Premium Subscription, are the following:- Access all contents available on the Website.
- Use the Website without advertisement displaying.
- Not to be subject to the restrictions as to a number of content downloads applicable to the DirectPNG Content from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website.
The Company may offer the User, on certain occasions, the possibility to pause the Premium Subscription for a certain period, while the Premium Subscription is active. The User may pause and activate the Premium Subscription during the period in which it is in force as many times as he/she wishes, provided that this does not exceed the maximum aggregate pause period permitted by the Company, which will be indicated on the Website.
By pausing the Premium Subscription, the User shall cease to enjoy the benefits of the Premium Subscription included in this Section while the Premium Subscription is paused. The User may, at any time, reactivate the Premium Subscription, resuming the normal benefits of the Premium Subscription.
If the User exhausts the maximum aggregate pause time of the Premium Subscription, the Premium Subscription will be automatically reactivated. Once the User has exhausted the maximum aggregate period allowed for pausing the Premium Subscription, the User will not be able to pause it again until the next billing period.
If the User pauses his Premium Subscription, the period of validity and renewal of the Premium Subscription will be adjusted according to the time the Premium Subscription has been paused.
As the content in the Website is digital content, no cancellation right shall apply, which is expressly acknowledged and accepted by the Users, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable, unless the Company states otherwise, in which case, will be subject to the conditions set forth by the Company.
08. Intellectual Property
All intellectual property rights over the Website, the Services, and/or the DirectPNG Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, etc.) belong or are licensed to the Company.
Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the DirectPNG Content or any of its parts, is strictly forbidden.
The Sponsored Content and Collaborator Content are protected by intellectual property rights, as appropriate, and belong to their owners. Regarding the Sponsored Content, although the Services can locate and provide access to these contents, its download and use is subject to the conditions set by the relevant third party. The Company is not the owner and cannot grant any license or authorization in relation to Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Sponsored Content, which are stated in the relevant website, from which the User will be able to download the Sponsored Content.
If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.
09. Changes and Closure of the Website
The Company may, at any moment, and without incurring any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records about certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
You may contact the Company for any query or claim at Click Here