Effective date: April 20, 2023
Cyango offers a library of amazing content to use in your designs, including photos, icons, illustrations, video, audio, fonts and templates (Content). By using a piece of Content in a Cyango Design, you’re bound by this agreement.
If you don’t agree to the terms of this agreement, please don’t use any Content.
Cyango reserves the right to cancel or change the licenses granted by this agreement. We reserve the right to replace the Content with an alternative.
If you create a Cyango Virtual Experience with both Free Content and Pro content, the stricter rules (for Pro Content) apply.
All Content on Cyango is protected by Portugal's governing laws and international copyright. Cyango and its contributors reserve all rights that aren’t explicitly given to you under this license. That includes all copyright and intellectual property rights.
Under the terms of this Agreement, we grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Free Content for the Permitted Uses (Free Content License).
Under the terms of this agreement, we grant you a perpetual, non-exclusive, non-transferable, worldwide license to use Pro Content or Pro Template in a single Cyango Design, for the Permitted Uses (Pro Content License or One Design Use License). You may not copy, download or distribute the Pro Content as a standalone item.
A license is issued to you when you Export a Cyango Virtual Experience, for each piece of Content contained. Free Content licenses are issued at no cost. Pro Content Licenses are issued:
(a) by paying, if you’re a free user; or
(b) at no additional cost if you have a valid Cyango subscription.
Each Pro Content License allows you to use the Content in one Cyango Virtual Experience, so you must pay to obtain a new license each time you wish to use the same piece of Content in a new Virtual Experience. If you have a subscription, then a new license is automatically issued to you each time you Export a new Virtual Experience containing that Content.
You may transfer a Cyango Virtual Experiences containing Content (Free or Pro) to a client for the client’s own use, subject to the following terms:
● You will enter into a written agreement with your client that stipulates that the client’s use of the Cyango Virtual Experience must be only for their use and must be in accordance with these terms;
● You will remain solely responsible and liable for your client’s compliance with these terms;
● A Cyango Virtual Experience incorporating Content can only be transferred to a single client;
● For the avoidance of doubt, this section does not entitle you to transfer or sub-license Content to your client for use outside of a Cyango Virtual Experience, or on a standalone basis (unless the license terms allow this).
These are the things this Agreement permits you to do or make with Cyango Virtual Experience that contains Content (Free or Pro):
● invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, greeting cards and postcards for promotion and/or resale, without any reproduction quantity limit;
● school or university projects;
● social media posts;
● design templates solely for use on Cyango;
● entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations of unlimited prints;
● online or electronic publications, including web pages, blogs, ebooks and videos, in the case of Pro Content, subject to the restrictions in the next section;
● prints, posters (i.e. hardcopies) and other reproductions for personal or promotional purposes, resale, license or other distribution;
● any other uses approved in writing by Cyango.
The use of Pro Content in online or electronic publications, including web pages, blogs e-books and videos, is limited to a maximum of 480,000 total pixels (for example, 600px x 800px) per Content file where un-edited unless the use is:
● On a website published via the dedicated Cyango Website publish endpoint; or
● In a Cyango-hosted design that is embedded in a third-party website, in these cases, the pixel limit shall not apply.
Free Content has fewer restrictions than Pro Content – you can use it in the following additional ways:
● Use the Free Content in more than one Cyango Design without obtaining an additional license;
● Download the Free Content on a standalone basis;
● Use the Free Content in templates for websites, social networking websites, documents, projects or otherwise for distribution and/or sale to third parties;
● Use the Free Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
● Install and use the Free Content in more than one location or post a copy of the content on a network server or web server for use by people employed by or performing services for you;
● If your Cyango Virtual Experience contains any Pro Content, you can’t use it for these purposes.
You can use Pro Music for all of the permitted uses, with the following limitations:
● Limits on use in advertising: Pro Music can’t be used in traditional media ads or commercials in paid channels, such as TV, cinema, radio, podcast and billboard. Pro Music is fine to use in online ads (such as pre, mid and post-roll ads within a YouTube Video).
● Limits on use in video: Pro Music can’t be used in TV/SVOD, radio/podcasts, feature films, vignettes/theme songs, software applications or video games.
● No standalone downloads: As with all Pro Content, Pro Music can’t be made available for the purpose of making the music piece (or part of it) available on a standalone basis. This means making it available outside of Cyango or without being part of a Cyango Virtual Experience. You can’t repackage the music pieces or upload or use them as audio samples, sound effects, or music beds or upload them in any music recognition systems.
● Editing and remixing: You can’t make remixes, samples or derivative works of Pro Music. You can’t edit Pro Music in any way that would alter the fundamental character of any portion of the music, or that would give you any copyright or other rights to the edited music piece.
● If you want to use Cyango to create designs for commercial purposes, you’ll need to create a separate Cyango account and use that account for those designs.
You definitely can’t do these things with any free or Pro Content on Cyango:
1. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Content License Agreement;
2. Use any of the Content as part of a trade-mark, design mark, trade-name, business name or service mark (excluding fonts);
3. Use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. In this agreement, “Editorial Use Only” content means relating to events that are newsworthy or of general interest and expressly excludes any advertorial use (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
4. Remove any notice of copyright, trademark or another proprietary right from any Content or Cyango Virtual Experience;
5. Use or display the Content on a standalone basis on websites or other venues designed to induce or involve the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
6. Use the Content in a way that is pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
7. Use the Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images:
a. in pornography, “adult videos” or the like;
b. in ads for tobacco products;
c. in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;
d. in connection with political endorsements;
e. in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products;
f. uses that are defamatory, contain otherwise unlawful, offensive or immoral content, or content in violation of any applicable industry codes or regulations.
8. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
9. Use Content in a manner that competes with Cyango’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale;
10. Use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©[insert Contributor’s Name] via cyango.com;
11. Incorporate the Content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file;
12. To the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
13. Use or display the Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file-sharing arrangement;
14. Use or display Content in a manner that gives the impression that the Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Content);
15. Use Content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
Cyango contains font software programs which generate human-readable typeface designs ("Font Software"). The following uses of Font Software are prohibited, in addition to the Prohibited Uses section:
1. Install or use the Font Software on any device except one on which you are accessing a properly licensed copy of Cyango;
2. Use the Font Software other than on Cyango and/or as an integrated component of a Cyango;
3. Virtual Experience that is exported from Cyango;
4. Modify, alter or convert the Font Software.
Take any action which results in, or is designed to result in, gaining access to the Font Software source code, except as permitted by law and then only for the purpose of achieving an interoperable program.
Cyango will keep track of your content and your account to make sure you’re not breaking this License or any of our Terms. This might include monitoring downloads and Exports, retaining details of your Cyango Virtual Experiences and tracking abuse of your username and password. If you *do* break this license, we may suspend or terminate your account without notice.
If your account is terminated for violating this license or any abuse of a username or password, you will lose all rights to Content and Cyango designs and must immediately delete all Content and Cyango designs acquired from Cyango, and forfeit all fees paid.
You can terminate your Content license by destroying the Content and Cyango Virtual Experiences, along with any copies or archives of it or accompanying materials (if applicable), and no longer using the Cyango Virtual Experiences for any purpose. Cyango can terminate these Content licenses without advance notice if you fail to comply with any of its terms.
If that happens, you must immediately:
(i) cease using the Content and any Cyango Designs containing the Content for any purpose;
(ii) destroy or delete all copies and archives of the Content and any Cyango Designs containing the Content or accompanying materials;
(iii) if requested, confirm to Cyango in writing that you have complied with these requirements.
If you find out – from Cyango or somewhere else – that there’s a claim of infringement of another’s right for which Cyango might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Cyango know as soon as possible by emailing email@example.com.
Releases are generally not obtained for Free Content, and some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. Cyango doesn’t grant any right nor make any warranty for the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted in Free Content. You’re solely responsible for determining whether a release is required for any proposed use of Free Content and obtaining any such release.
While we’ve made reasonable efforts to correctly categorize, keyword, caption and title the content, Cyango does not warrant the accuracy of that information or any metadata that may be provided with the Content.
YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL Cyango OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. This does not exclude any warranties that you may be entitled to that are not able to be excluded under applicable consumer laws.
Cyango respects the intellectual property of others and expects its users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe, in good faith, that any materials provided on or in connection with the use of the Service infringe upon your copyright or other intellectual property right, you may request the removal of those materials by contacting us through the email: firstname.lastname@example.org
1. A description of the copyrighted work or other intellectual property that you claim has been infringed, including the URL (internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Cyango to locate the material, and explain why you think an infringement has taken place.
2. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (internet address) where it is posted or the name of the book in which it has been published.
3. Your address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
5. The following statements:
“I have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
“I certify under penalty of perjury that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf.
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
If you believe that the content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting a written notification to us at email@example.com. The Counter-Notice must include substantially the following:
1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
2. Your address, telephone number, and email address.
3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. A statement that you will consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person (or an agent of that person) who provided Cyango with the complaint at issue.
5. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
To report violations of these guidelines to us directly, please email us: firstname.lastname@example.org