Terms & Conditions
By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms. The terms govern our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
The web pages available at https://procreate.art and linked pages ("Site"), are owned and operated by Savage Software Group Pty. Ltd. ("we" or "us" or "Savage"), an Australian private company.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, only members can create and interact with content on the Site. Members may also receive additional benefits on occasion, subject to our standards of conduct and these Terms. Our provision of the above benefits to you, including the services we provide on the Site, are collectively the “Services”. Savage may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Australia, the United States of America, and elsewhere.
Uploading your artwork to Procreate Portfolio does not constitute any transfer of ownership. Any artwork uploaded to Procreate Portfolio remains the property of the respective owners.
By agreeing to this, you grant us permission to:
Feature your artwork in the Featured tab of https://folio.procreate.art
Display your artwork in the Recent and/or Popular tabs of https://folio.procreate.art
Contact you if we'd like to share or use your artwork in any context not outlined in these Terms and Conditions.
Privacy is further detailed in sections 10 and 11. Ownership is further detailed in section 12.
3. Content Guidelines
Any content uploaded or generated by a site user which violates any part of these Terms and Conditions is subject to deletion at our exclusive and absolute discretion. We may also exercise our right to modify content to remove offending text or imagery, or temporarily hide content from the site pending further action.
Violation of the following restrictions may lead to the banning of accounts or specific IP addresses, and/or proof of illegal activity being passed onto relevant authorities.
Portfolio and Showcase restrictions
The following are not permitted on your Procreate Portfolio, or the Procreate Portfolio Showcase:
Promotional or marketing images.
The image depicts a traditional artwork; or
The image depicts a printed or other physical representation of a digital artwork; or
The image is a digital composite artwork incorporating photographic elements.
Screenshots, unless depicting an artwork-in-progress.
Profile or cover images which could be considered Mature or Inappropriate (as outlined in 'Site-wide restrictions' below and in section 4).
The following are not permitted on the Procreate Discussion Boards:
Content which could be classified as Mature or Inappropriate (as outlined in 'Site-wide restrictions' below and in section 4).
Dedicated artwork shares, unless the artwork is:
Featured and/or referenced as part of a tutorial or guide,
An example in a request for advice on artistic technique; or
Screenshots or examples that are required for assistance or support.
Paid promotional content is permitted on the Marketplace board only.
Free promotional content is permitted on the Resources board only.
You must not post, promote, or endorse any content which could be construed as:
Invasive of anyone's privacy,
Extreme or gratuitous sexualization; or
Extreme or gratuitous violence.
Any content violating the above restrictions may be deemed inappropriate and removed without warning.
4. Mature Content
We classify Mature Content as artwork which may be confronting for other users of the site, but doesn't violate the Content Guidelines outlined in section 3.
Artwork containing Mature Content can be uploaded to Procreate Portfolio profiles, providing it is marked as Mature Content.
We reserve the right to mark any artwork as Mature Content, and to remove artwork or ban users which violate these guidelines at our exclusive and absolute discretion.
If an artwork is marked as Mature, it will only be visible to users who are signed in, and have "Show Mature Content" enabled in their Account Settings.
Images which could be considered Mature Content are not permitted on any Discussion Board.
By registering as a member you represent and warrant to us that:
you are an individual who can form a legally binding contract at law; and
you are at least 13 years old
Minors over the age of 13 can register for and use the Site, but are restricted from viewing any content marked as Mature according to section 4.
7. Account, Username and Password
You must select a unique username for your account. You must not use a username that is, at our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify or void user names as we see fit.
You must keep your password secure and confidential.
You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorised disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
8. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Whenever you access, use, or otherwise deal with the Services, you must comply with all:
acceptable-use policies and other policies implemented by Savage with respect to the Site or the Services from time-to-time, as posted on the Site; and
other rules and policies or procedures that Savage communicates to you from time-to-time.
Your privacy is of utmost importance to us. When you provide personal information to us, we do not sell or monetise your personal data. The only data we'll make publicly available is that which you've chosen to make publicly available, such as your Display Name and Username.
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so.
11. Your Privacy and Communications Consent
We will collect personal information about you including your name, contact information, personal preferences and other information. You acknowledge that we may use your personal information for the following purposes:
to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,
to customise any content that is presented to you on the Site,
to verify your personal information, and
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Savage reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
When you register for the Site, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.
YOU HEREBY CONSENT TO US COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.
As between you and Savage, you will retain ownership of all original text, images, videos, messages, comments, ratings, and other original content you provide on or through the Site (collectively, “Your Content”), and all intellectual property rights in Your Content.
As between you and Savage, Savage or third parties solely own the following (the “Savage Property”):
all other content on the Site or provided through the Services, including all text. photos, videos, templates, and other content provided by Savage (collectively, the “Savage Content”) and all intellectual property rights in the Savage Content; and
all tools, hardware and software used to provide the Services (collectively, the “Savage Tools”);
the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and
the names, logos and trade-marks of Savage and on the Site (including third parties’ marks) and Savage.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the Savage Property except as explicitly permitted by Savage.
13. Licence regarding Your Content
Your Content may be shared with third parties, for example, on social media sites to promote your content on the Site. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licences (the “Licences”) to Savage and our service providers to copy, reformat and distribute Your Content in connection with providing the Services; and to Savage and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.
14. Moral Rights
Savage and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if Savage or the service providers, members, users or licensees wish to do so.
15. Representations regarding Your Content
You represent and warrant to Savage that:
you own Your Content;
you have the right to grant the Licences; and
the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licences will not infringe or violate the rights of any third party.
16. Content Disclaimer
Savage does not endorse any of the content on the Site. Savage will not be responsible or liable for content that is generated by the Site users.
17. Monitoring and Disclosure
Savage cannot monitor everything on the Site and does not normally monitor your use of the Services; however, Savage and our representatives may do so. We reserve the right to delete, edit, or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate Content on the Site, please contact us. Content deemed by Savage or by the creator to be inappropriate for minors will be marked as Mature. We may change the classification of Mature content at any time, at our sole discretion.
18. Other rules regarding Your Content
You are responsible for keeping back-up copies of all of Your Content; Savage will not be liable for any loss or damage to any of Your Content. Savage may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers, and may charge you fees for exceeding those limits.
19. Use of the Services
You must not:
reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Savage Property or the Services;
create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
violate any law including intellectual property, privacy or other laws;
impersonate any person;
give rise to civil or other liability; or
relate to illegal drugs, weapons, gambling or other illegal activities;
upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
use the Site or the Services to do or attempt to do any of the following without Savage’s prior written permission:
send spam or other bulk messages;
gain unauthorised access to any data, network or system;
conduct or promote any commercial activity;
monitor data or traffic on any network or system;
obtain an email address, user name or other information about a third party without their consent;
use any misleading, false or deceptive TCP/IP header information in any email or posting; or
conduct or instigate any denial of service attack against Savage’s website or network, or any third party’s website or network;</span>
improperly make complaints or false reports on the Site;
artificially inflate or alter ratings, views or statistics on the Site
falsify any data or information available on the Site;
delete or modify any copyright or other intellectual property notices on the Site;
sell or transfer your account, or allow any third party to access or use it;
avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware / software used to provide the Site or the Services, or third party hardware / software or services;
interfere with the Services or any third party’s use of the Site or the Services;
resell any of Savage’s services or allow any third party to use or access the Site or the Services without Savage’s prior written consent; or
authorise or encourage any third party to do any of the above.
In addition to any other available remedies, upon breach of any of your obligations under this Agreement Savage may suspend or terminate the Services and your account.
21. Terms of Other Services
If you use any other service or software provided by or through Savage or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
22. Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Savage will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
From time to time, Savage may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
25. Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
Without prejudice to any of our rights at law or equity, Savage may terminate your access to the Site and the Services with no prior notice if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Savage may also terminate or suspend any or all of the Services at any time without prior notice.
27. Termination by you
You may terminate your account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
this agreement or our enforcement of it; and
the Site, the Savage Content, the Savage Tools or the Services.
28. Effect of Termination
Upon termination of your account or this agreement:
you will immediately cease all use of the Site, the Savage Content, the Savage Tools and the Services;
you will have no further access to your account or anything associated with it;
Savage may (but is not required to) delete some or all of Your Content from the Site and from your account within 60 days after termination;
the Licence will continue in full force and effect for all of Your Content, including content the Site deletes; and
sections 6, 11 - 17, 28, 32 - 35, 37 and 38 will survive termination.
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
30. Links from the Site
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Savage. All links are provided for your convenience only; they are not an endorsement or referral by us.
31. Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
the link must comply with the Site’s other policies regarding content;
the link and surrounding materials must not deliver any of the Site's content in a framed environment, or alter the layout, content, look, or feel of the Site's content;
the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SAVAGE DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
33. Limitation of Liability
YOU USE THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS AND THE SERVICES AT YOUR OWN RISK. SAVAGE WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, SAVAGE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS OR THE SERVICES.
34. Maximum Liability
IF, DESPITE THE ABOVE LIMITATIONS, SAVAGE BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO AUD$500.
YOU WILL INDEMNIFY SAVAGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
YOUR USE OF THE SITE, THE SAVAGE CONTENT, THE SAVAGE TOOLS OR THE SERVICES; OR
THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
36. Modifications to this Agreement
From time to time in our sole discretion Savage may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.
37. Governing law
Savage operates from Hobart, Tasmania, Australia, and makes no representation that the Site is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in Tasmania, Australia. You attorn to the exclusive jurisdiction of the Tasmanian courts; however, you or Savage may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.
38. Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. Savage may, but is not obligated to, assist you with this. Savage will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Savage assists you with that dispute.
No delay or failure to act by Savage regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Savage may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will ensure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Savage will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.