Terms

Terms of Service

The following is a legal agreement between you (“You”) and (“We”), Omuze Inc, the owner and operator of online store picryl.myshopify.com - Omuze Inc, and Picryl.com (“Websites”, “Service” or “Omuze Inc”). These terms of service (“TOS”) govern your access to and use of the Websites and their content.

Your Acceptance

By using or visiting the Websites or any Omuze Inc products, software, data feeds, and services provided to you on, from, or through the Omuze Inc websites and applications (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Omuze Inc Privacy Policy, found at https://picryl.myshopify.com/pages/privacy/ , PICRYL privacy policy found at https://picryl.com/privacy , and incorporated herein by reference. If you do not agree to any of these terms, the Omuze Inc Privacy Policy, or the PICRYL Privacy Policy, please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://picryl.myshopify.com/pages/privacy/). Omuze Inc may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Omuze Inc, including but not limited to all websites, applications, products, software, and services offered by Omuze Inc, such as the Omuze Inc online platform, the Omuze Inc’s tools, and other applications.
The Service may contain links to third party websites that are not owned or controlled by Omuze Inc. Omuze Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Omuze Inc will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Omuze Inc from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

 

General Use of the Service—Permissions and Restrictions

Omuze Inc hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Service or the Content without Omuze Inc’s prior written authorization unless Omuze Inc makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the provided by the Service itself, or other explicitly authorized means Omuze Inc may designate.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Omuze Inc servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Omuze Inc grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Omuze Inc reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Omuze Inc reserves the right to discontinue any aspect of the Service at any time.

Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Omuze Inc, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Omuze Inc on the Service for that Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources and that Omuze Inc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Omuze Inc with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Omuze Inc, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

Accounts

In order to access some features of the Service, you will have to create a Omuze Inc Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Omuze Inc immediately of any breach of security or unauthorized use of your account.
Although Omuze Inc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Omuze Inc or others due to such unauthorized use.

Account Termination Policy

GetArhive will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Omuze Inc reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity. Omuze Inc may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

GENERAL USE OF CONTENT—PERMISSIONS AND RESTRICTIONS

“Content” shall refer collectively to images, sounds, and videos available through the Omuze Inc, Picryl.com and other Omuze Inc websites.

“Image(s)” means photographs, vectors, drawings and the like. “Sound(s)” means any sound recordings, voice recordings, songs, recordings or other audio representations, excluding still images, recorded in any format. “Video(s)” means any moving images, animations, films, footage or other audio/visual representations, excluding still images, recorded in any format.

Content is identified as having “no known copyright restrictions” when Omuze Inc is unaware of any copyright restrictions on its use. This may mean that:

(1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or

(2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or

(3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or

(4) Omuze Inc records do not indicate any evidence of copyright restrictions.

These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply. Understand “public domain” as the permission to freely use (display, modify, print, etc.) without asking permission.

Commercial Use vs. Editorial Use of Content

Commercial use: You may be required to obtain “Model Release” and “Property Release”. “Model Release” – identifiable people must give their consent for public use of their images. “Property Release” – some images depicting trademarks or copyrighted products such as Walt Disney and Lego products only permit editorial use. Learn more about intellectual property release requirements: wiki.gettyimages.com.

Editorial use: If you are showing an image on your blog, it is non-commercial, editorial usage. In general, no release is required for such applications. Commercial use is loosely defined as all sorts of businesses, where you are actually selling something, or if you use images for advertising purposes. Understand “public domain” as the permission to freely use (display, modify, print, etc.) an image without asking permission from the image author. However, it is still your responsibility, to make sure the depicted content (persons, logos, private property, etc.) is suitable for your application and does not infringe upon any rights.

Public Domain Content Usage Limitations

Images, Sounds and Videos depicting identifiable persons may not be used for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to people or to imply endorsement of products and services by those persons, brands, organizations, etc.

The media in the public domain may be used freely for almost any purpose, in digital or printed format with following exceptions:

1. Identifiable people may not appear in a bad light or in a way that they may find offensive unless they give their consent.

2. Do not suggest endorsement of products, services, etc. by depicted people or organizations.

Your Content

As a Omuze Inc account holder, you may submit Content to the Service, including texts, documents, photographs, sounds or videos to Websites. By uploading Content you agree that Omuze Inc will screen Content to see if it is suitable for distribution and can remove content in its own discretion. Omuze Inc does not accept any adult-oriented Content. You understand that Omuze Inc does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Omuze Inc all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, unless you choose otherwise, you retain all of your ownership rights in your Content. However, by submitting Content to Omuze Inc, you hereby grant Omuze Inc a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Omuze Inc’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Omuze Inc may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Omuze Inc all of the license rights granted herein.
You further agree that you will not submit to the Service any following Content:

Nudity or sexual content
Omuze Inc is not for pornography or sexually explicit content. If this describes your Content, don’t post it on Websites. Also, be advised that we work closely with law enforcement and we report child exploitation.
Harmful or dangerous content
Don’t post Content that encourages others to do things that might cause them to get badly hurt, especially kids. Content showing such harmful or dangerous acts may get removed.
Hateful content
Our Websites and platform are for free expression. However, we don’t support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics.
Violent or graphic content
It’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational, or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand the context of the Content. Don’t encourage others to commit acts of violence.
Harassment and cyberbullying
It’s not ok to post abusive Content and comments on Websites. If harassment crosses the line into a malicious attack it can be reported and may be removed.
Spam, misleading metadata, and scams
Don’t create misleading descriptions, tags, titles, dates or summaries in order to increase views. It’s not okay to post large amounts of untargeted, unwanted or repetitive content, including comments.
Copyrighted Content
Don’t upload Content you didn’t make, that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, images, sounds, documents or videos made by other users, without necessary authorizations. This does not apply to content in Public Domain and to content labeled for reuse.
Privacy
If someone has posted your personal information or uploaded an image or video of you without your consent, you can request removal of content.
Impersonation
Accounts that are established to impersonate another user or individual may be removed.
Child Safety
Be advised that we work closely with law enforcement and we report child endangerment.

Omuze Inc does not endorse any Content submitted to the Service by any user or another licensor, or any opinion, recommendation, or advice expressed therein, and Omuze Inc expressly disclaims any and all liability in connection with Content. Omuze Inc does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Omuze Inc will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Omuze Inc reserves the right to remove Content without prior notice.

Uploading labeled for reuse Content

When uploading, you can choose the copyright status of the uploaded content.  If you release Content under Creative Commons CC0 into the public domain, this applies worldwide, and you grant anyone the right to use this content for any purpose, without any conditions, unless such conditions are required by law.

You are solely responsible for the Content You upload. You warrant that You own all proprietary rights regarding the Content, and You are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.

Furthermore, You acknowledge that Omuze Inc does not allow the upload of Content that infringes on any copyright, property right, trademark or any other applicable right.

You accept that even though We do our best to prevent it from happening, Omuze Inc cannot be held responsible for the misuse or abuse of any Content. We also reserve the right to remove any Content at any time if We believe it’s defective, of poor quality, or in violation of any rights.

Content On Picryl.com

PICRYL purpose is to make accessible public domain content all over the world for everyone.  To the extent possible under law, when you are using Omuze Inc user interface to upload your Content on PICRYL, you waive the copyright and related or neighboring rights to Content. If you choose to publish Images, Sounds, and Videos under Creative Commons CC0, anyone is free to adapt and use them for commercial purposes without attributing the original author or source.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to 16192 Coastal Highway Lewes, DE, 19958, email: copyright@getarchive.net. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Omuze Inc customer service through https://picryl.myshopify.com/pages/contact/. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:Your physical or electronic signature;
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;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Wilmington, Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Omuze Inc, Omuze Inc may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Omuze Inc’s sole discretion.

Indemnification for breach of terms

You agree to indemnify and hold harmless Omuze Inc from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the TOS. You also agree to indemnify and hold harmless Omuze Inc from and against any and all claims brought by third parties arising out of your use of Service.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Omuze Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Omuze Inc MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Omuze Inc DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Omuze Inc WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL Omuze Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Omuze Inc SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Omuze Inc from its facilities in the United States of America. Omuze Inc makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Omuze Inc, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what sites are appropriate for you.

13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Omuze Inc without restriction.

14. General
These Terms of Service, together with the Privacy Notice at https://picryl.myshopify.com/pages/privacy/ and any other legal notices published by Omuze Inc on the Service, shall constitute the entire agreement between you and Omuze Inc concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Omuze Inc’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Omuze Inc reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Omuze Inc AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: November 28, 2018