Terms of Service

The following is a legal agreement between you (“You”) and (“We”), Get Archive, LLC, the owner and operator of GetArchive.net and Picryl.com (“Websites” or “Get Archive”). These terms of service (“TOS”) govern your access to and use of the Websites and their content.

“Content” shall refer collectively to images, sounds, and videos available through the GetArchive.net and Picryl.com 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 Get Archive LLC 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) Get Archive LLC 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

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.

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.

 

Uploading Content

You may upload photographs, sound files or videos to Websites, and Get Archive will screen these uploads to see if they are suitable for distribution. Get Archive does not accept any adult oriented Content.

By uploading, You release Content under Creative Commons CC0 into the public domain. This applies worldwide. In case this is not legally possible, You grant anyone the right to use this work 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 Get Archive 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, Get Archive 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.

Publishing Images, Sounds, and Videos On Picryl.com

Most Images, Sounds, and Videos on Picryl.com are released under Creative Commons CC0. To the extent possible under law, when you are using GetArchive.net user interface to upload your Content on Picryl.com you can retain or waive the copyright and related or neighboring rights to these Images, Sounds, and Videos. If you choose to publish your 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.

Indemnification for breach of terms

You agree to indemnify and hold harmless Get Archive 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 Get Archive from and against any and all claims brought by third parties arising out of your use of Websites.

Warranty and liability

THE WEBSITES AND THEIR CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, WEBSITES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GET ARCHIVE DOES NOT REPRESENT OR WARRANT THAT WEBSITES OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

GET ARCHIVE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF WEBSITES OR THEIR CONTENT.

This agreement may be revised or updated without notice. By using the Websites You agree to be bound by this Terms Of Service.