Terms of Use

Laughingbird Software Terms of Use

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING ANY LAUGHINGBIRD SOFTWARE LLC (herein known as “Laughingbird Software”) PRODUCT. BY USING OR ACCESSING THE LAUGHINGBIRD SOFTWARE, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Laughingbird Software Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

When you purchase Laughingbird Software’s Web Graphics Creator membership, you’re allowed to create images with the software: A banner; a logo; a Facebook or blog image, etc. That’s what the software is for.

If you create something on the canvas, from a template (a banner, a logo, or a new mascot character, for example), using at least two unique elements (text and an image for example), you’re allowed to resell these creations (as long as they don’t contain material copyrighted by or belonging to others). You may NOT take an image “as-is” and distribute or resell,

Any of the images included with the Laughingbird Software (i.e. graphics that were actually created BY Laughingbird Software), can be resold …IF you create a NEW and unique image from the original.

For example:

Dragging text and a character onto the canvas to make a banner image. This is an example of what you CAN do.

What you CAN’T do is sell the images, individually or in a package, as they are, such as an unmodified template or an individual graphic or package of characters, for example). Also, you may NOT resell access to the software or share your login information with others.

If you use and/or purchase additional images by any 3rd Party, you must do your own “due diligence” before trying to resell the final compiled image.

If, for example, you use or purchase an image (including a graphic, photo or video) from any retailer or stock agency, even if the images are free or “royalty-free” – make sure you read and understand THEIR rules for using and/or reselling those images, and understand that any company that sells any image may not allow resale rights.

Laughingbird Software is not responsible in any way, for any type of image, that you have used or imported into Laughingbird Software.

 

Please continue to read the Laughingbird Software License below.

1.  Laughingbird Software’s Web Graphics Creator Site (located at https://www.webgraphicscreator.com) and online software membership (herein known as “Service”).

Laughingbird Software operates an online design platform that allows our users and members to design and create visual content. We provide ready-made media and content that is licensable for use in accordance with our license agreement.

2. Eligibility. 

You may use the Service only if you can form a binding contract with Laughingbird Software, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.  You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

3. License to use the Laughingbird Software. 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Laughingbird Software reserves all rights not expressly granted herein in the Service and all of the Laughingbird Software content. Laughingbird Software may terminate this license at any time for any reason or no reason at all.

Use of any Stock Media accessible through Laughingbird Software, including those from pexels.com, is entirely subject to the licenses posted on that site. Please review before using any images so that you fully understand the license.

4. Laughingbird Software Accounts.

Your Laughingbird Software account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Laughingbird Software account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to the Laughingbird Software with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Laughingbird Software immediately of any breach of security or unauthorized use of your account. Laughingbird Software will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Laughingbird Software your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out at the bottom of any email you receive. Opting out may prevent you from receiving email messages regarding updates, improvements, offers or billing information.

Laughingbird Software usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.

Please view our Privacy Policy to see how we handle your personal, identifiable information.

5. Permitted Uses and Restrictions.

This License allows you to use our Service, including with restrictions. The Laughingbird Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

You agree not to copy, distribute or disclose any part of the Service in any medium, including without limitation using any “page-scrape”,  “deep link”, “robot”, “spider”, or other automatic or non-automatic program, algorithm or methodology, to access, copy, or monitor any portion of the website.

Except as expressly permitted in this License, no part of the website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Laughingbird Software’s express prior written consent.

You are authorized to download and share unlimited copies of your designs for your personal or commercial use, provided that you maintain the copyright and other notices contained in that content.

You are prohibited from using software from this or any other Laughingbird Software Site to create a graphic or product of any kind that is in any manner unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law, or the rights of others, including the intellectual property rights of others.

Laughingbird Software may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Laughingbird Software prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Laughingbird Software may permanently ban you from the Service.

You agree to the pricing and payment listed on the Site and Service which we may update from time to time. Laughingbird Software may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

6. Your Intellectual Property.

We claim no intellectual property rights over the material you supply to Laughingbird Software. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Laughingbird Software remains yours to the extent that you have any legal claims therein. You agree to hold Laughingbird Software harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or Service, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Laughingbird Software for promotional, business development, and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

7. Our Intellectual Property.

The Service contains intellectual property owned by Laughingbird Software including trademarks, copyrights, proprietary information, and other intellectual property. Laughingbird Software copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Laughingbird Software’s copyrighted materials shall remain the sole property of the Laughingbird Software. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Except for your Intellectual property (as stated in 7.0 above), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, videos, User Content belonging to other Users, and Stock Media belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Laughingbird Software and its licensors.

8. Disclaimer of Warranty on Laughingbird Software.

You expressly acknowledge and agree that use of the Laughingbird Software is at your sole risk. The Laughingbird Software is provided “AS IS” and without warranty of any kind and Laughingbird Software EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LAUGHINGBIRD SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LAUGHINGBIRD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LAUGHINGBIRD SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LAUGHINGBIRD SOFTWARE WILL BE CORRECTED. FURTHERMORE, LAUGHINGBIRD SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAUGHINGBIRD SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAUGHINGBIRD SOFTWARE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

9. Limited Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LAUGHINGBIRD SOFTWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAUGHINGBIRD SOFTWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LAUGHINGBIRD SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LAUGHINGBIRD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Laughingbird Software’s total liability to you for all damages exceed the amount you paid to Laughingbird Software hereunder or One Hundred Dollars ($100.00), whichever is greater.

10. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from Laughingbird Software if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all attempts to use or access Laughingbird Software’s Service, including use of the Web Graphics Creator Membership site and service.

11. Dispute Resolution.

In the event of any controversy or dispute between Laughingbird Software and you arising out of or in connection with your use of the website or content of the website or software, the parties shall attempt, promptly and in good faith, to resolve any such dispute. In the unlikely event that we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), we each agree to resolve any claim, dispute, or controversy (excluding any Laughingbird Software claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

The arbitration will be conducted in Ventura County, California, unless you and Laughingbird Software agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Laughingbird Software are each waiving the right to a trial by jury or to participate in a class action.

12. Cancellation and Refunds Policy

You can easily cancel online 24 hours a day via your account page. There are no cancellation fees although there are no refunds for partial months (if on a Monthly plan).

Before you cancel, please understand that any templates you have created and saved in your Laughingbird Software membership account will no longer be accessible. Before you cancel, make sure that you download any individual images created that you intend to continue to use in the future and save them in a folder on your desktop and/or hard drive.

Ongoing Monthly Membership:

If you have chosen a monthly term, your Laughingbird Software Web Graphics Creator membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. Monthly renewals occur on the “month anniversary” of your initial purchase date. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Ongoing Annual Membership:

If you have chosen an annual (yearly) term, your Laughingbird Software Web Graphics Creator membership will continue year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year in order to avoid billing of the next year’s membership fees to your Payment Method. Annual renewals occur on the “year anniversary” of your initial purchase date. We will bill the annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

You may request a refund of your annual payment ONLY within fifteen (15) days of your initial purchase (only if on an Annual plan), at which time your account shall be closed.

In the event that Laughingbird Software suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

13. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

14. Complete Agreement; Governing Language.

This License constitutes the entire agreement between the parties with respect to the use of the Laughingbird Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Laughingbird Software. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.

15. Contact

Please contact us at https://www.laughingbirdsoftware.com/contact-us with any questions regarding this Agreement.