Terms of Usage

Stencil Terms of Usage ("Agreement")

Stencil is fully owned and operated by Anchor Labs Inc., an Ontario corporation. Please read these Terms of Usage ("Agreement", "Terms of Usage") carefully before using getstencil.com ("the Site") operated by Stencil ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at getstencil.com.

Definitions

"Site" - https://getstencil.com (and all subdomains, subdirectories)
"Service" - The Stencil image creation application, offered as a service
"Publisher" (Discontinued) - Website hosting "Publisher Version" of "Share As Image" (former title of Stencil). As of April 4, 2016, we no longer offer support for the "Publisher Version" of "Share As Image".
"End User" - Any user of of the "The Site" (including the Stencil application itself).

By accessing or using the site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Usage. Capitalized terms are defined in this Agreement.

Intellectual Property

The Site and its original content, features and functionality are owned by Stencil and are protected by international copyright & trademark.

Termination

We may terminate your use of the Site and/or Service without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Fees and Services

All references on the Sites or in this Membership Terms to “$” and “dollars” are referring to United States Dollars (USD).

Ongoing Monthly Membership

If you have chosen a monthly term, your Stencil 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" (with the exception of shorter months, whereby your account may be charged up to 3-days before your "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). Membership fees are fully earned upon payment.

Ongoing Yearly Membership

If you have chosen a yearly term, your Stencil 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. Yearly renewals occur on the "month and day anniversary" (with the exception of shorter months, whereby your account may be charged up to 3-days before your "month and day anniversary") of your initial purchase date. We will bill the yearly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Stencil (paid) monthly and yearly pricing is subject to change which will be reflected on your account. This pricing will not reflect your account if the price change is due to promotion.

Subscription Credit Card Authorization

By entering into a monthly or yearly subscription with us, you are explicitly authorizing us to charge your credit card on a recurring basis. When upgrading your Stencil account, you hereby agree that all immediate and future charges as per our Plans are pre-authorized. Pre-authorized charges on monthly accounts (beyond the first 7-day money-back guarantee period) are non-refundable, and yearly accounts are only refundable within 7 days of the charge.

Account credit is non-transferable. It will be removed and completely forfeited if your account is cancelled. For referrals, you are only entitled to a referral if the referred party keeps their account past the 7 day money back guarantee period. If the referred party's account is cancelled/refunded during the 7 day cancellation period, referral credit will not be applied to your account. All promotional coupon codes are for new customers only and cannot be applied to existing accounts. Any discounts that apply to "first year only" or "first month only" will be initially discounted at the advertised rate and subsequent charges will be at full retail price. By taking advantage of one of these types of discounts, you are pre-authorizing full price charges to your credit card on file for all payments except the "first".

Refunds / Cancellation

There are no cancellation fees although there are no refunds for partial months (if on a Monthly plan).

If you’re at all unhappy within 7 days of initial subscription, refunds are available upon request. Monthly recurring payments (other than 1st month within 7 days) are non-refundable. However, if you're on one of our yearly plans, refunds are available upon request 7 days from when your card is charged.

Use of Account

Each purchase of a paid Stencil account is licensed for use by one user only. If you would like to use a Stencil paid account across multiple locations, you can do so but sharing accounts with other individuals or organizations is strictly prohibited.

You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity unless otherwise stated in writing by Stencil authorized staff. You are entirely responsible for any and all activities that occur under your account.

Reference to Share As Image

Stencil was formerly referred to as Share As Image and all existing customers will remain customers of Stencil. The Stencil release is a new marketing brand name, but this application is fully considered to be the next "version" of Share As Image. Due to the size and nature of this update, we cannot guarantee access to any assets created prior to April 3, 2016 within the previous, depracated version (referred to as Share As Image). Many or all of the testimonials and customer references provided about Stencil are relating to Share As Image, as Stencil is specifically the latest "version" of Share As Image.

Uploaded Graphics/Images, Provided Photos

We do not claim any rights to images or text that you upload. We also do not claim any rights to the photos offered in the app. Photos available within Stencil are all free images provided by third party servics (including, but not limited to, unsplash.com, pixabay.com, pexels.com, thenounproject.com, icons8.com). We waive any responsibility for images provided by third party services, and simply provide access to their collection of images via API.

Icons & Digital Assets

We do not claim any rights to the icons offered in the app. Icons available within Stencil are all provided by third party services (including, but not limited to, The Noun Project, Icons8, etc). We waive any responsibility for icons provided by third party services, and simply provide access to their collection of icons via API.

Any digital assets (including but not limited to bitmap images, vector images, or JSON files/documents) may only be accessed and used when presented through the Stencil User Interface. Any digital assets accessed by any other means (eg. by inspecting the Stencil app in a Web Inspector or something that accomplishes a similar result, or else by any means other than what is intended) is not allowed, and against our Terms of Service.

Any digital assets (including but not limited to bitmap images, vector images, or JSON files/documents) may not be trademarked or copywritten in their raw form (eg. as an icon on a transparent or colored background).

We actively monitor attempts to directly access digital assets through non-intended means, and have the right to keep a record of this to ensure we're in compliance with the Terms of Use of our partners and vendors.

Access to Photos & Icons

Access to all photos and icons are currently provided by third parties and in some cases, are free offerings as provided by our free plan. We cannot guarantee access to these photos, icons or assets and they are subject to removal at any time. Since we rely on third parties to provide access to these assets, we are not responsible for their updates, removals or modification.

Content

We respect the intellectual property rights of others, and require that those people who use Stencil, or the services or features made available on or through the site, do the same.
Publishers are responsible for any Content on the Publisher Site and End Users are responsible for any Content submitted by the End User. You agree to the following:

• you own the intellectual property rights in that Product;
• that Product does not infringe the intellectual property rights of a third party;
• that Product is not false, inaccurate or misleading;
• that Product is not a stolen or an unlawful item;
• that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti-discrimination or trade practices or fair trading laws);
• that Product is not defamatory, unlawfully threatening or unlawfully harassing;
• that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to persons under the age of 18 years;
• that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth);
• that Product would not cause Stencil to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.

Font Uploads & Provided Fonts

By uploading any font to Stencil, you are agreeing that you have permission to use it. Upload fonts at your own risk. Stencil does not claim any ownership rights to the fonts or other files that you upload.

You represent and warrant that:
(i) you own the Content uploaded by you on or through the Stencil Services,
(ii) the uploading and use of your Content on or through the Stencil Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and;
(iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the Stencil Services.

All of the fonts included with Stencil are provided by Google Fonts. Google Fonts handles all the licensing and hosting, ensuring that the latest fonts are widely available. All provided Google Fonts are subject to their Terms of Service.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. No shoes, no shirt, no service.

We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Usage.

Property Rights

Stencil does NOT claim ANY ownership rights in the text, files, fonts, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the Stencil Services.

Stencil does NOT claim ANY ownership or license to the content you create using Stencil. By using Stencil you agree that you have explicit permission to use any graphics, logos, fonts, photos or other content you upload. You idemnify Stencil, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site or the Service, including but not limited to out of your violation of this Agreement.

You represent and warrant that:
(i) you own the Content uploaded by you on or through the Stencil Services,
(ii) the uploading and use of your Content on or through the Stencil Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and;
(iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you upload on or through the Service.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Stencil.

Stencil has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Publisher

When the Stencil embed code is installed on a publisher website the company is not responsible for any technical difficulties encountered including conflicts with existing code on the site. Official ongoing support is not offered on the free version of our publisher embed code.

Any opinions expressed by our publishers do not reflect our opinions or views. We do not endorse any publishers.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Usage by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Usage.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.