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Placeit User Terms

Last revised: March 11, 2025

About us and these terms

1. Welcome: Hi, we’re Envato and welcome to Placeit! We’re happy to have you here and hope you enjoy your stay.

2. About us: Placeit is a service available via website and app, that enables you to create customised creative materials for commercial purposes, using the Applications and Placeit Templates that we (or our licensors) own. By uploading Your Content and combining them with our Placeit Templates, you can create Customized Products which you can then download and use to create End Products for commercial purposes.

3. User Terms: By accessing and using Placeit, you acknowledge and agree that the following terms apply to your use of Placeit, whether or not you have an Envato account:

these Placeit User Terms;

the Placeit License;

Envato’s Acceptable Use Policy; and

any applicable policies, guidelines and instructions set out in our Help Center regarding the use of Placeit or its content.

PLEASE READ THESE USER TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTIONS 50 AND 51 CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. THESE SECTIONS REQUIRE (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your use of Placeit is conditional on your acceptance to be bound by these User Terms and the other terms noted above.

4. Legal authority: These User Terms are a legally binding agreement between us and you. If you are signing up on behalf of a company or organization, another individual, or any other third party, you represent and warrant that you have full legal authority to agree to these User Terms and bind that third party.

5. Definitions and interpretation: Any capitalized terms will have the meanings set out in the Definitions section of these User Terms. Words like ‘include’ and ‘including’ are not words of limitation and where anything is ‘within our discretion’ we mean our sole discretion.

6. Your privacy: For more information on how we handle the information you provide to us when you use Placeit, please see our Privacy Policy. By using Placeit, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Your Envato account

7. Age: You must be 18 years of age or over to access, use or subscribe to Placeit.

8. Envato account: When you create an Envato account, you become a member of the Envato community and receive access to Placeit. Membership is free. Your Envato account is also your account for other Envato services, including Envato Elements and Envato Market. With an Envato account you will be able to participate in our online forums, and generally contribute to our ecosystem of Envato sites that help people get creative.

It is important that you understand your responsibilities as a member of our community so please take the time to review these User Terms carefully.

9. Your responsibility: You promise that the information you give us is true, accurate and complete and that you will keep your Envato account information up-to-date (including a current email address). Your subscription and your account are not transferable which means you cannot sell your subscription, or your Envato account. You are responsible for any use of Placeit that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

Please read the Placeit License in detail to understand what you can do with Items.

Access and restrictions

10. Access: Subject to your compliance with these User Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use Placeit for business or personal use. We reserve all rights not expressly granted under these User Terms.

11. Restrictions: You must not (either in your own right or through any third party), and you must not permit any third party to:

interfere with or disrupt the integrity or performance of Placeit or the Applications (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);

attempt to gain unauthorized access to Placeit, the Applications or related systems and networks;

rent, license, sublicense, sell, resell or otherwise commercially exploit or make Placeit, the Applications, or any Placeit Template or Product available to any third party (except as expressly contemplated by these User Terms);

use Placeit to provide, or incorporate the matters contemplated by Placeit or the Placeit Templates into, any product or service provided to a third party;

use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Placeit;

use any data mining, robots, or other similar data and/or image gathering and extraction methods in connection with Placeit or the Placeit Templates;

access Placeit or any of the Applications or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Placeit;

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, reverse assemble, disassemble, or decompile the Placeit website, any Placeit Template, any Application or Envato Intellectual Property, or attempt to discover any source code or modify the Placeit website, Placeit Templates or Applications;

use Placeit as a trademark or trade name in connection with your use of Placeit or mention Placeit in any of your Products, without our prior written consent;

use a virtual private network (VPN) or any other means to avoid compliance with these User Terms, or for any fraudulent or illegal reasons;

remove any watermarking, copyright notices or other protective measures from any Placeit Template or other content made available on Placeit, including preview files;

use a false email address, impersonate others, or misrepresent your affiliation with any third party;

use scripts or bots to mass download Placeit Templates (this includes using any means whatsoever to scrape/download the entire library and/or database Placeit Templates or Products from Placeit); and/or

access or use Placeit in any way not expressly permitted by these User Terms.

How Placeit works

This section will help you understand how a Placeit subscription works and what you are buying when you ‘buy’ (license) one or more Customized Products.

12. How do I access Placeit Templates to create Customised Products?

Subscription: You can sign up for a subscription to Placeit, which will provide you with access to the full library of Placeit Templates to create and download an unlimited number of Customized Products per month for the duration of your subscription. A subscription is limited to a single Subscriber.

One-off purchase: You can use Placeit to create and ‘buy’ (license) one or more Customized Products. Prices vary depending on the applicable size, resolution and number of available templates for your Customized Product.

13. License: When you use a Placeit Template to create and download a Customized Product (whether as a Subscriber or Buyer), you are granted a non-exclusive license to use the Placeit Template as part of that Customized Product, in accordance with the terms of the Placeit License. To avoid doubt, you acknowledge that you do not acquire any rights of ownership in any Placeit Template.

14. Subscribing and payment plans: By subscribing to Placeit, you acknowledge that you are signing up for a recurring payment plan in order to use Placeit and the Placeit Templates. Your subscription will automatically renew at the end of each billing period, the frequency and payment method being selected by you at the point of first payment confirmation and checkout. Payment will be charged to your nominated payment method at the start of each billing period until you cancel.

15. Sales, trials and promotional offers: If you sign on for a Placeit subscription during a promotional or sale period where you receive a discounted price or other promotional offer (such as a free trial for a limited period), you agree that at the conclusion of that promotional or sale period, your subscription will automatically renew at the then standard pricing and frequency notified to you at the start of the promotional or sale period, unless you cancel before expiry of that period.

16. Third Party Services: We may use third party software and services (Third Party Services) as part of Placeit and its Applications, in order to make certain services available to you. Please see our Privacy Policy for further information. With respect to Third Party Services:

your use of Third Party Services as part of Placeit is at your own risk;

you agree that we have no liability arising from your use of, or access to any content or service made available made by a Third Party Service;

to the extent permitted by law, we do not endorse or assume any responsibility for any Third Party Service;

we will not be liable to you in any way whatsoever for any matters related to such Third Party Service; and

unless otherwise stated by Placeit, we are not affiliated with or otherwise associated with any of the Third Party Services used as part of Placeit.

Pricing and payment

17. Geographical pricing: The price of a Placeit subscription or one-off purchase may vary depending on the country you are in. We may offer special plans, prices or offers limited to certain geographical areas or for a limited time. We may use information such as geographical location information, or other information associated with your account or method of payment to determine your eligibility for a price, plan or offer. Eligibility for certain plans, prices or offers are determined by us at our discretion and we reserve the right to adjust the pricing for your subscription or on-off purchase in the event that we determine you are not eligible for a particular plan, price or offer, including on the basis of your geographic location.

18. Changes to prices: We may change our pricing for subscription and one-off purchases at any time, however if you are a Subscriber any increase in standard pricing for your subscription will apply no earlier than 21 days following notice to you.

19. Payment methods: You can pay for your subscription or any one off purchase via PayPal, credit card or other payment methods we may offer from time to time. You may be required to pay a handling fee from your selected payment provider or financial institution, depending on the method of payment you choose. Envato has no control over these handling fees and they will not be stated at the checkout. If you have any questions on those fees, we recommend reaching out to your own financial institution or payment provider.

20. Payment information. If you elect to pay by credit card or other payment method, you will be required to provide information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified as being payable for the relevant one-off purchase or subscription in accordance with these User Terms. As noted above, all subscriptions automatically renew and you hereby authorize us (through the Payment Processors) to bill your payment method in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you, or within such longer period of time as may be required under applicable law.

21. Payment processing. Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENTS FOR ANY PLACEIT SERVICES. To facilitate payments, including via credit card or debit card, we may use one or more third-party payment processors (the Payment Processors). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements. You hereby authorize the applicable Payment Processor to store payment information and continue billing your specified payment method.

22. Currency conversion costs: Placeit subscription fees and purchase prices are in US Dollars, GBP or Euros, depending on your location. We may offer subscription fees and purchase prices in other currencies from time to time. You are responsible for all costs of currency conversion relating to your Placeit transactions. Your financial institution does the currency conversion and may charge you additional fees outside of our control.

This means that you may incur additional costs when using Placeit, which we have no control over.

Taxes

23. Your responsibility for taxes: You are responsible for collecting and paying all taxes associated with your use of, and your transactions on, Placeit. Your responsibility includes any transaction taxes, except to the extent we collect and remit that tax in accordance with section 24.

24. Transaction taxes: In any jurisdiction where we are required to collect and/or pay any GST, VAT, sales tax or other taxes that apply to transactions on Placeit, you acknowledge and agree that:

we may add the applicable tax, or make an appropriate adjustment, to the amount payable;

we will generally display the tax amount at checkout or on an applicable invoice, and it will be included in the total amount payable; and

we will collect this tax amount via any means available to us, and remit the tax to the relevant authority.

25. Tax information: From time to time, we may request or collect information or documentation from you that may be used for tax purposes, including location information for tax residency purposes. Tax rates are calculated based on this information and the applicable tax rate at the relevant time. Any information you provide must be accurate, complete and kept up-to-date.

If you have any questions or require more information about your tax obligations, please contact your local tax authority, or seek independent tax advice. We cannot provide you with tax advice.

Refunds

It is important that you understand how refunds work on Placeit.

26. Requesting a refund: Given the nature of digital content, we do not generally offer a refund on a purchased subscription or a one-off purchase. If you would like to request a refund, you should email us at support@placeit.net.

27. Assessment of refund requests: We will assess refund requests on their merits, at our discretion. There is generally no obligation to provide a refund in situations like the following:

you have changed your mind about your subscription or a one-off purchase;

you subscribed or made a one-off purchase by mistake;

you do not have sufficient expertise to use the Placeit Templates;

you ask for goodwill;

you can no longer access a particular Placeit Template because it has been removed from Placeit (we advise you to create and download your Customized Products frequently or as soon as possible them to avoid this situation);

you cancel your subscription before the end of the then current billing period; or

we made changes to the User Terms, unless those changes materially adversely affect your rights or your use of Placeit and in which case we may provide a refund for any whole unused months remaining in your subscription period;

we have suspended your access to Placeit in accordance with these User Terms.

28. Processing a refund: If we decide to issue a refund, this will generally be done using the same manner and payment method used to make the purchase. Any payment made to you will be made in the currency Envato offered to you when you made your purchase, under the rules of the payment method, and you will be responsible for any currency conversion costs in accordance with section 22.

29. Disputes lodged with payment agents: If, as a Buyer or Subscriber, you lodge a dispute with a payment agent (such as Paypal), this will result in a suspension of your Placeit subscription and your Envato account until the dispute raised with the payment agent has been cancelled or resolved. Once a dispute has been lodged with a payment agent, resolving the issue can become a complex process.

If there is a payment dispute, we encourage you to first contact us directly to see if we can help resolve any concerns.

Intellectual property

30. Envato’s Intellectual Property: Subject to sections 31 and 32, all rights, title and interest (including intellectual property rights) in and to Placeit, the Applications, the Placeit Templates and all other content published on the Placeit website (Envato Intellectual Property), is owned and/or controlled by the Group Companies, including all information, software, code in our underlying systems, APIs, products, text, design, compilation, “look and feel”, layout, logos, trademarks, trade names, graphics and other materials made available as part of Placeit.

31. Your intellectual property: You remain the owner of Your Content and you are solely responsible for Your Content that you upload to Placeit. You represent and warrant that you have all rights and licenses necessary to upload Your Content to Placeit and you grant us a limited non-exclusive license to make Your Content available on Placeit to enable you to create Products using Your Content.

32. Third party licenses: Certain components of a Placeit Template (such as fonts) may be sourced from a third party, and different license terms may apply such as a third party license or an open source or creative commons license. That third party or other license will apply to the relevant component. To avoid doubt, the Placeit License will apply to the rest of the Placeit Template, or Product as applicable. Placeit may use images and names of third party products that have not been cleared for use by you and are only provided for illustrative purposes. Intellectual property rights in relation to those third party products (including registered trademarks) belong to their respective owners. We are not affiliated or associated with, or authorised or endorsed by, the owners of the products. It is your responsibility to evaluate whether your use of any component of a Placeit Template requires the permission of those third parties and if so, to obtain that permission prior to use.

33. Intellectual property infringement

Copyright and trade mark infringement: There are two main ways to let us know if you think Your Content is being used without permission:

i. for copyright owners – the DMCA takedown notice process is described below; and
ii. for other intellectual property rights owners, including trade mark owners – you can contact us at support@placeit.net.

DMCA takedown notice: If you’re a copyright owner you’ll need to send a signed, dated DMCA takedown notice to us. We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice and they might contact you directly using your contact details. The quickest way is to send it to our support team at support@placeit.net.

Notice requirements: The DMCA takedown notice must include the following information:

i. tell us about the content that you claim infringes your copyright, including a description and where we can find it and the URL;
ii. tell us about your copyrighted content and let us know where we can see this published – include the URL;
iii. give us a detailed explanation about how you believe the content violates your copyright;
iv. include your full name and contact details, including your address, phone number and email address;
v. include the date and your signature; and
vi. include the following two statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Address for Notices: All notices should be addressed to the Envato Copyright Agent at PO Box 16122, Collins Street West, Melbourne, Victoria, Australia 8007 or email to support@placeit.net.

34. Feedback. We welcome feedback, comments and suggestions for improvements to the Placeit services, sites and platform (Feedback). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in Placeit or in any such Feedback. All Feedback becomes our sole and exclusive property of and we may use (or not use) and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to us any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.

Our use of your information

35. Your details: We strongly recommend that you don’t make your contact details public on Placeit including in any public communications, such as our forums, except as required under applicable law. Contact details include your email address, street address and phone number (but not social network handles).

36. Confidential information: We employ a number of technical, organizational and physical safeguards designed to protect your personal and confidential information. However, no security measures are failsafe and we cannot guarantee the security of your information. We will have no liability to you for any unauthorized access or use of any of your information, or any corruption, deletion, destruction or loss of any of your information. While using Placeit, you may also become aware of confidential or personal information about us or other Users. You promise to not disclose any confidential or personal information made available to you through Placeit to any other person.

37. Licence to use data: By using Placeit, you grant Envato and the Group Companies a non-exclusive, royalty-free, perpetual, and worldwide right to collect, analyse, and utilise data derived from your use of Placeit for its own commercial purposes. This includes, but is not limited to, data relating to site activity, User preferences, and transaction patterns.

Playing fair

38. Acceptable use: Your use of Placeit, including the content and the Placeit Templates, must comply with our policies (as may be published on our Help Center from time to time), including the Acceptable Use Policy.

39. Your Content and Products: When using Placeit, you must ensure that:

Your Content and Products do not infringe the rights of any person (and to the extent that Your Content contains any non-public personally-identifiable data any individual, you consent to (and warrant that you have obtained all necessary consents for) our use, collection and disclosure of such non-public personally identifiable information as required to provide Placeit and in accordance with our Privacy Policy);

Your Content and Products do not breach (or cause any Group Company to breach) any applicable laws or regulations; and

you will comply with our Acceptable Use Policy at all times in relation to Your Content and Products.

40. Community participation: We take great pride in our global and thriving community - it’s part of what makes Placeit great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before using Placeit, please make sure you have read the Community Guidelines, as you agree to follow them as part of these User Terms.

41. Linking to Placeit: We reserve the right to insist that any link to Placeit be discontinued, and to revoke your ability to link to Placeit.

Indemnification; Disclaimer; Limitation of liability

42. INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH GROUP COMPANY FROM AND AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY THAT THE GROUP COMPANY INCURS ARISING OUT OF, OR IN CONNECTION WITH, YOUR BREACH OF THESE USER TERMS AND/OR A THIRD PARTY CLAIM AGAINST THE GROUP COMPANY RELATING TO YOUR USE OF PLACEIT. WE MAY, AT OUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER YOU INDEMNIFY US AGAINST, AND IF SO YOU AGREE TO COOPERATE WITH OUR REASONABLE REQUESTS FOR SUPPORT.

43. DISCLAIMER: TO THE EXTENT PERMITTED UNDER THE LAW, PLACEIT, THE PLACEIT TEMPLATES AND ALL THIRD PARTY SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT (A) PLACEIT WILL MEET YOUR REQUIREMENTS; (B) YOUR ACCESS TO PLACEIT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PLACEIT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY ITEMS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH PLACEIT WILL MEET YOUR EXPECTATIONS

44. LIMITATION OF OUR LIABILITY: OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF PLACEIT OR THESE USER TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED AS FOLLOWS:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DAMAGE TO REPUTATION, LOSS IN CONNECTION WITH ANY OTHER CONTRACT, LOSS OF DATA, OR INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, DAMAGE OR EXPENSE; AND

OUR TOTAL AGGREGATE LIABILITY TO YOU IS OTHERWISE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO US FOR YOUR USE OF PLACEIT IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM GIVING RISE TO THE LIABILITY AROSE OR, IF NO FEES APPLY, ONE HUNDRED ($100) US DOLLARS.

45. CONSUMER LAWS: IN SOME PLACES (SUCH AS THE STATE OF NEW JERSEY) THERE MAY BE NON-EXCLUDABLE WARRANTIES, GUARANTEES OR OTHER RIGHTS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PLACEIT OR WITH THESE USER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF PLACEIT.

Termination

46. Suspension or termination: Being a User is not an automatic right, it is a benefit for those who follow our terms, licenses and policies. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Placeit complies with these User Terms. We can suspend or terminate your Envato account or Placeit subscription at any time for any reason (acting reasonably of course), including if we believe there is a risk associated with you or a payment you make, including if it breaches a law or regulation, or if you:

breach these User Terms or any other terms applicable to any of your Envato accounts;

fail to make any payment when due;

breach any of our policies (or the policies of any other Group Company);

breach any applicable laws, rules or regulations;

act in a way that does not align with the values of our community including:

i. engaging in serious or illegal misconduct (such as criminal or fraudulent activities); or
ii. Infringing the intellectual property rights of others; or

act in a way that could cause Envato, the Group Companies or any User harm, including:

i. any public conduct or activity (such as public communications) that would adversely affect the reputation of any Group Company; and/or
ii. any threats of harm or damage to a Group Company employee, any Group Company’s products or services, or to a User of Placeit or any other product or service of a Group Company.

If we terminate your Envato account you must not apply for a new account as you will no longer be welcome in our community. This decision may also apply to any other Envato accounts you use. Additionally, we may cancel unverified accounts or accounts that have been inactive for a substantial period of time.

47. Cancellation: You can cancel your Placeit subscription at any time. If you do so, you will not receive a refund for the remainder of your billing period, however, you will continue to have access to Placeit through to the end of your billing period. Cancelling your subscription will not delete your Envato account and you can reactivate your subscription or make one off purchases at any time.

48. How to cancel: To cancel your Placeit subscription, please follow our instructions for cancellation. If you cancel your subscription, your subscription will automatically close at the end of your current billing period and you will not be able to download any further Placeit Templates or create new Customised Products. Cancelling your subscription will not delete your Envato account and you can reactivate your subscription or make one-off purchases at any time. Once your Placeit subscription has been cancelled, you will continue to have access to your previously created Customized Products, but we cannot guarantee permanent storage on our servers. You should ensure that you’ve downloaded all Customized Products before cancellation.

49. Survival of terms: The sections titled ‘Intellectual Property’, ‘Indemnification; Disclaimer; Limitation of liability’, ‘Termination’, ‘Dispute resolution’ and ‘Miscellaneous’ shall survive any expiration or termination of these User Terms.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

50. Arbitration: Any controversy or claim arising out of or relating to these User Terms, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from your alleged failure to pay fees due to Envato. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

51. Class action waiver: YOU AND ENVATO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Envato agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Envato acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under these User Terms.

52. Severance: If a court decides that applicable law precludes enforcement of any of the limitations in this section as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Miscellaneous

53. California consumer laws: Under California Civil Code Section 1789.3, users of Placeit from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address: PO Box 16122 Collins Street West Victoria 8007 Australia.

54. Sanctions: We are subject to trade and economic sanctions and laws and regulations that govern the use of our services. These laws or regulations may prohibit us from providing services to you or require that we discontinue making services available to you without notice. By using our services you agree to comply with all trade or economic sanctions, export and import laws and regulations and warrant that: (i) you are not prohibited from accessing our services; and (ii) you will not make our services available to anyone who is prohibited from accessing them under the laws or regulations of any jurisdiction.

55. Relationship between the parties: Nothing in these User Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and any Group Company, or between you and any other User. You cannot act on behalf of or bind a Group Company or any other User in any way.

56. Use of Group Company services: We may use the services of another Group Company for any purpose in relation to Placeit, including to collect, make or process payments.

57. Responsibility for Your Content: We are not responsible for any of Your Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by us, including, but not limited to, the internet, any third party applications used in connection with providing Placeit, and your local network. You acknowledge and agree that you may permanently lose Your Content (as uploaded to Placeit), including any changes made to Your Content by or for you during the use of Placeit (and you should download your Customized Products frequently or as soon as possible to avoid this situation).

58. Changes to these terms: We may change these User Terms (and any other terms, policies or agreements referenced in these User Terms) at any time. We will post the current version of these User Terms on our website and will update the “Last revised” date at the top of these User Terms. We will provide you with reasonable prior notice of any changes to the User Terms that materially adversely affect your rights or your use of Placeit, before they take effect. We may provide you this notice via our website and/or by email to the email address associated with your Envato account. You can also keep track of whether changes have been made by referring to the version and last revised date of the User Terms. By continuing to use Placeit after the effective date of the changes, you agree to be bound by the updated User Terms. If you do not agree with the changes, you may close your Envato account.

59. Changes to our services: We may add, change or remove features or functionality to Placeit or discontinue, temporarily or permanently, Placeit (or any part thereof) at any time with or without notice.

60. Assignment: You may not transfer or assign these User Terms or any of your rights or obligations under these User Terms without Envato’s prior written consent. Envato may transfer or assign any of its rights and obligations under these User Terms, in whole or in part, at any time with or without notice.

61. Entire agreement:These User Terms constitute the entire agreement between you and Envato with respect to Placeit. These User Terms supersede any prior representations, agreements, or understandings between you and Envato, whether written or oral, with respect to Placeit including previous versions of the User Terms. The English version of these User Terms will control.

62. Severability: If any individual term of these User Terms is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these User Terms, so that these User Terms shall otherwise remain in full force and effect.

63. Waiver: Envato’s express waiver or failure to enforce any provision of these User Terms shall in no way be construed to be a present or future waiver of such provision nor affect Envato’s ability to enforce any provision thereafter.

64. Governing law: These User Terms are governed by and shall be construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles.

65. Notices: Any notice you send us must be submitted via email at support@placeit.net. Any notice we send to you may be provided via our website and/or by email to the email address associated with your Envato account.

Definitions

Applications: web-based tools and applications made available as part of the Placeit website for use by Users to create Customized Products.

Buyer: an Envato account holder who creates and ‘buys’ one or more Customized Products as one-off purchases.

Customized Products: the customised photos, videos and graphics you create with Placeit, using Your Content and the Placeit Templates.

End Product: the final product that you build/create with a Customized Product. The Customized Product becomes an End Product when you apply skill and effort to create something that is larger in scope and different in nature than the Customized Product.

Envato, we, us or our: Shutterstock, Inc.

Envato account: what you receive when you create and maintain an account with us which gives you access to Envato sites, including Placeit.

Group Companies: Envato and any company that controls, is controlled by or is under common control with Envato. References to a Group Company include any successors (whether by merger, purchase or otherwise) and permitted assigns.

Placeit: the web-based platform and service made available by Envato at https://placeit.net/ (or any successor site), including all features, functionalities, websites, software, Applications, Placeit Templates and other content offered, provided or made available thereon.

Placeit Templates: the pre-designed layouts or formats provided within Placeit that Users can use to create Customized Products.

Products: collectively Customized Products and End Products.

Subscriber: an Envato account holder who purchases a subscription to Placeit.

User, you or your: each person who accesses or uses Placeit, whether or not they are a Subscriber or Buyer.

User Terms: the Placeit User Terms set out in this document and the terms of the other documentation specified in section 3, which are incorporated by reference in these User Terms, in each case as amended from time to time.

Your Content: any images, text and other audio visual material that you upload to Placeit to be used as part of a Placeit Template to create Products.