1. Your Acceptance
A. These terms of service (“Terms of Service”) are a binding legal agreement between you and Glad Post, LLC (“Glad Post”), regarding your use of any sites owned by Glad Post, LLC (including but not limited to the website OMGDraw.com) and any products or services available from the website. Please read these Terms of Service carefully. By accessing or using OMGDraw.com, you signify your agreement to (1) these Terms of Service, and (2) the Community Standards incorporated here by reference. If you do not agree to any of these terms or the Community Standards, please do not use OMGDraw.com.
B. Although we may attempt to notify readers when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. OMG Draw, in its sole discretion, may 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 this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of OMGDraw.com, including users who are also contributors of picture content, information, and other materials or services on OMGDraw.com.
B. OMGDraw.com may contain links to third party websites that are not owned or controlled by OMG Draw. OMG Draw has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OMG Draw will not and cannot censor or edit the content of any third-party site. By using OMGDraw.com, you expressly relieve OMG Draw from any and all liability arising from your use of any third-party website.
3. General Use of OMGDraw.com — Permissions and Restrictions
OMG Draw hereby grants you revocable, non-transferable, and non-exclusive permission to access and use OMGDraw.com as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of OMGDraw.com, including but not limited to Content and User Submissions (each as defined below), without OMG Draw’s prior written authorization.
B. You agree not to alter or modify any part of OMGDraw.com, including but not limited to OMG Draw’ technologies.
C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any explicitly authorized means designated by OMG Draw.
D. You agree not to use OMGDraw.com for any commercial use, without the prior written authorization of OMG Draw. Prohibited commercial uses include any of the following actions taken without OMG Draw’ express approval:
Sale of access to OMGDraw.com or Content or services on another website;
Use of OMGDraw.com or Content or services for the purpose of gaining advertising or subscription revenue;
The sale of advertising, on OMGDraw.com or any third-party website, targeted to the content of specific User Submissions or OMGDraw.com’s Content;
Any use of OMGDraw.com or its Content or services that OMG Draw finds, in its sole discretion, to use its resources or User Submissions with the effect of competing with or displacing the market for OMGDraw.com, its Content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses OMGDraw.com in a manner that sends more request messages to the OMG Draw 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, OMG Draw grants the operators of public search engines permission to use spiders to copy materials from OMGDraw.com 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. OMG Draw reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from OMGDraw.com, nor to use the communication systems provided by OMGDraw.com for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of OMGDraw.com with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Standards, and all applicable local, national, and international laws and regulations.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
I. OMG Draw reserves the right to discontinue any aspect of OMGDraw.com at any time.
4. Your Use of Content on OMGDraw.com
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on OMGDraw.com.
A. The content on OMGDraw.com, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to OMG Draw, subject to copyright and other intellectual property rights under the law. Content on OMGDraw.com is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OMG Draw reserves all rights not expressly granted in and to OMGDraw.com and the Content.
B. You may access User Submissions solely:
For your information and personal use in accordance with these Terms of Service; and
As intended through the normal functionality of OMGDraw.com.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of OMGDraw.com. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. OMG Draw reserves all rights not expressly granted in and to the Content and OMGDraw.com.
E. You agree to not engage in the use, copying, reproduction, transmission, broadcast, selling, licensing, downloading, or otherwise exploiting any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through OMGDraw.com for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of OMGDraw.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of OMGDraw.com or the Content therein.
G. You understand that when using OMGDraw.com, you will be exposed to User Submissions from a variety of sources, and that OMG Draw is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 OMG Draw with respect thereto, and agree to indemnify and hold OMG Draw, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of OMGDraw.com.
5. Your User Submissions and Conduct
A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to OMG Draw. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, OMG Draw does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize OMG Draw to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by OMGDraw.com and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to OMG Draw, you hereby grant OMG Draw a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of OMGDraw.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through OMGDraw.com, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of OMGDraw.com and under these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OMG Draw all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Community Standards which may be updated from time to time.
F. OMG Draw does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OMG Draw expressly disclaims any and all liability in connection with User Submissions. OMG Draw does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OMG Draw will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. OMG Draw reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding OMGDraw.com, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
OMG Draw has adopted the copyright policies that can be found here.