Terms of Service

Last updated: November 18, 2024

1. Introduction

Welcome to FreePicture! FreePicture is an AI-generated image library operated by Creative Union Tech Limited. These Terms of Service ("Terms") apply to the freepicture.cc website, related websites, software, mobile apps, plug-ins and other FreePicture-operated services (collectively, the "Service(s)").

These Terms govern the relationship between Creative Union Tech Limited ("we", "our" or "FreePicture") and any user of the Service ("you", "your" or "User"). By using the Service (including by downloading and using Content from the Service, or contributing Content to the Service):

  • you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us;
  • you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms.

If you don't agree to these Terms, please don't use the Service.

Children may not access or use the Service unless their use is directly authorised by their parent, guardian or another authorised adult who agrees to be bound by these Terms. For the purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

2. Content Definition

In these Terms when we refer to "Content" we are referring to the content which is available on, or uploaded to, the Service, but excluding any third party paid advertising or sponsored content (over which FreePicture has no control and we do not grant any license). Content includes, but isn't limited to the following items:

  • "Images", which means photographs, vector graphics, drawings and illustrations.
  • "Videos", which means moving images, animations, film footage and other audio-visual representations and content.
  • "Audio", which means music, sounds, sound effects and other audio representations and content.
  • "Other Media", which means any other media or content which is visual or audio in nature, or a combination of these, and includes in each case any associated text, captions, descriptions or metadata.

All Content on the Service is AI-generated and is made available under our Royalty-Free (RF) license model, unless specifically marked as CC0 Content.

3. RF License

The majority of Content made available for download on the Service is subject to and licensed under our Royalty-Free (RF) license model. Subject to the Prohibited Uses described in Section 7, when you download any RF Content from the Service, we grant you an irrevocable, worldwide, perpetual (or as long as allowed by law), non-exclusive and royalty-free right to download, use, copy, modify or adapt the Content for commercial or non-commercial purposes ('Content License').

Important Limitation: You are not permitted to:

  • Sell, license, or otherwise distribute the Content as standalone files (e.g., offering the Content for download on your own website or platform);
  • Create a competing image library or service that offers the Content for download;
  • Use the Content in a way that allows third parties to extract the Content and use it separately from your authorized usage.

The rights granted are non-exclusive, meaning that we may also grant other users the same rights in the same Content. For the avoidance of doubt, you do not obtain any rights in any other users' communications or personal information.

4. CC0 License

Some of the Content made available for download on the Service is subject to and licensed under the Creative Commons Zero (CC0) license ("CC0 Content"). CC0 Content on the Service is any content which lists a "Published date" prior to January 9, 2019. This means that to the greatest extent permitted by applicable law, the authors of that work have dedicated the work to the public domain by waiving all of his or her rights to the CC0 Content worldwide under copyright law, including all related and neighboring rights. Subject to the CC0 License Terms, the CC0 Content can be used for all personal and commercial purposes without attributing the author/content owner of the CC0 Content or FreePicture.

5. Premium Subscription

FreePicture offers a Premium Subscription plan for users who wish to access enhanced features and benefits. By subscribing to our Premium Service, you agree to the following terms:

Pricing and Payment: The Premium Subscription is priced at $4.99 per year. All payments are processed securely through Stripe, a trusted third-party payment processor. By providing your payment information, you authorize Stripe to charge your selected payment method for the subscription fee.

Auto-Renewal: Your Premium Subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You will be charged the then-current subscription rate for each renewal period.

Cancellation: You may cancel your Premium Subscription at any time through your Account Settings. Cancellation will take effect at the end of the current billing period, and you will retain access to Premium features until that time.

Refunds: Due to the nature of digital goods and services, Premium Subscriptions are generally non-refundable once accessed. However, we may consider refund requests on a case-by-case basis if you experience technical issues that prevent you from accessing the Premium features. To request a refund, please contact our support team at info@freepicture.cc.

Changes to Premium Terms: We reserve the right to modify the Premium Subscription pricing, features, or terms at any time. Any changes will be communicated to you via email or through the Service at least 30 days before they take effect. If you do not agree to the modified terms, you may cancel your subscription before the changes become effective.

6. User Accounts and Authentication

To access certain features of the Service, you may be required to create a user account. When creating an account, you agree to:

  • Provide accurate, current, and complete information about yourself as prompted by the account registration form;
  • Maintain and promptly update your account information to keep it accurate, current, and complete;
  • Maintain the security of your account by protecting your password and limiting access to your account;
  • Be fully responsible for all activities that occur under your account;
  • Notify us immediately of any unauthorized use of your account or any other breach of security.

We use Google Identity Services for user authentication. By using our authentication system, you agree to Google's Terms of Service and Privacy Policy.

7. User Obligations

When using the Service, you agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable law or regulation;
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • Transmit any content that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Upload, post, or otherwise transmit any content of which you do not have the right to transmit under any law or under contractual or fiduciary relationships;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or extract data;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service;
  • Attempt to reverse engineer, decompile, disassemble, or hack any of the software used to provide the Service;
  • Attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service.

8. Prohibited Uses

Notwithstanding any other provision of these Terms, you shall not use or display the Content in any of the following ways (collectively, "Prohibited Uses"):

  • In any defamatory, pornographic, obscene, or otherwise unlawful or immoral way;
  • In a way that violates any third party's privacy or publicity rights;
  • For any deceptive, misleading, or unethical marketing or advertising;
  • In connection with any hazardous substances or activities;
  • For any illegal purpose or in violation of any applicable law;
  • As part of a trademark, service mark, or logo;
  • To create a competing service or product that directly competes with FreePicture;
  • To resell, redistribute, or sublicense the Content as standalone files;
  • To provide the Content as a download on any website, application, or other platform;
  • To use the Content in any way that would require attribution if it were not for the license grant.

For clarity, Prohibited Uses are strictly forbidden regardless of whether you would have been authorized to engage in such use under the Content License otherwise granted to you.

9. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Creative Union Tech Limited, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Service and to download and use the Content in accordance with the license grants set forth in these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as specifically permitted by these Terms or by the applicable Content license.

The FreePicture name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Creative Union Tech Limited. You must not use such marks without the prior written permission of Creative Union Tech Limited. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. We may delete your account and all associated information without liability.

11. Disclaimers

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Creative Union Tech Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Creative Union Tech Limited makes no warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or that the results that may be obtained from the use of the Service will be accurate or reliable.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

12. Limitation of Liability

In no event shall Creative Union Tech Limited, its officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever, including without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • your access to or use of or inability to access or use the Service;
  • any conduct or content of any third party on the Service;
  • any content obtained from the Service;
  • unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall the total liability of Creative Union Tech Limited to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Service (whether in contract, tort, warranty, or otherwise) exceed the amount you have paid to Creative Union Tech Limited in the last twelve (12) months, or, if no such amounts have been paid, one hundred dollars ($100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Creative Union Tech Limited, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  • your breach of these Terms;
  • your use of the Service;
  • your violation of any law or the rights of a third party;
  • any claim that your use of the Service caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of [Your Arbitration Body]. The arbitration shall be conducted in [Arbitration Location], and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Creative Union Tech Limited
Email: info@freepicture.cc

For more information about our RF licensing terms, please visit our License Summary page.