OMTech Idea Center - Terms of Service

1.Services

This website is owned and operated by OMTECH. OMTECH is a vibrant community of creatives sharing royalty-free content. These Terms of Service ("Terms") apply to the omtechlaser.com website, related websites, software, mobile apps, plug-ins and other OMTECH-operated services (collectively, the "Service(s)").

These Terms govern the relationship between OMTECH ("we", "our" or "OMTECH") and any user of the Services ("you", "your" or "User"), including in certain circumstances, the relationship between Users. By using the Services (including by downloading and using Content from the Services, or contributing Content to the Services):

you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us; and you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms. If you don’t agree to these Terms, please don’t use the Services.

2.Content

In these Terms when we refer to "Content" we are referring to the content which is available on the Services. Content includes, but isn’t limited to the following items: "Images", which means photographs, vector graphics, drawings and illustrations.

3. Registration

In order to use certain Services, you must register, create a username and password and activating an account. To this end, you must provide a valid email address where you will receive notifications related to the Services. OR you can login by using a third-party account which has been approved by us.

You agree to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. You are solely responsible for keeping such information updated. Should you provide false, outdated or incomplete information, or should OMTECH have reasons to suspect it, OMTECH reserves the right to suspend or cancel your account.

You must protect and keep the account password confidential and must not disclose it to the third parties. You must neither allow others to access our Services through your account nor use the account of another person to access the Services.

You can cancel the registered account when you no longer need it.

OMTECH may suspend or cancel your account if it considers that you have breached these terms.

4.Usage of the Content

The most of the Content comes from three sources, respectively collected by OMTECH, created by OMTECH itself, and uploaded or shared by our registered User.

Public Domain Content

Regarding the collected content, OMTECH has done its best to ensure the Content is under public domain.

· under CC0 License

We have a collection of images available which we believe are no longer subject to copyright protection either because their copyright has expired (in most countries, including the countries of the EU, USA, and Canada (Approved Territories)) or the author of the image has allowed us to distribute the image with no license restrictions (Public Domain Images).

·U.S. Government Public Domain Images

The Content are mostly collected from National Official public database.

Created Content by OMTECH itself

The Content are clearly labelled as “Owned by site itself”

Uploaded by other Users

The Content are clearly labelled as “Shared”

However, no matter where the image is come from or how the image is marked as, we do not make a warranty or bear liability as following:

We do not hold any property or model releases for Public Domain images. Where we believe there might be other rights within an image that prevents it being suitable for commercial use we have labelled this as “Editorial use only”.

Whilst we have only selected Public Domain Images that we believe are suitable for the majority of people to use, it is your responsibility to check that your use of the image is lawful. We give no warranties or assurances that your use of Public Domain Images will be lawful and if you are seeking to access and use any Public Domain Images you do so at your own risk. You should carry out independent checks to ascertain whether any proposed use of Public Domain Images is lawful in the countries in respect of which you anticipate using them, and obtain any necessary permissions or clearances. We are not liable for any claims or costs arising from such use.

5.Uploading Content

We are always grateful when you choose to contribute Content to our Services. For us to be able to make the Content available for other users, it is important that we receive specific rights and promises from you as a contributor. You are responsible for the Content you upload to the Services and you do so subject to the following terms and conditions:

When you upload any Content to the Services you grant OMTECH an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, market, reproduce, display, exhibit, broadcast, publicly perform, enhance, alter, adapt, modify or download the Content (in whole or in part) for any purpose whether now known or created in the future, including both commercial and non-commercial purposes. This includes the right to redistribute the Content under the Content License, or any other license or terms offered by OMTECH now or in the future, including via an API.

You expressly represent and warrant that:

·you and you alone own all rights, title and interest in and to the Content you upload to the Services;

·the Content does not, and use of the Content in accordance with these Terms will not, infringe the intellectual property rights, moral rights, proprietary rights, property rights, privacy rights or similar of any person or entity;

·you have obtained any and all releases, permissions or licenses necessary to enable the use of the Content in accordance with these Terms. This includes non-exclusive, perpetual, irrevocable, worldwide, and royalty-free model and/or property releases, and/or any other permissions necessary concerning the use of the Content for any purpose, without any conditions, unless such conditions are required by law.

·you acknowledge and agree that your Content will be made available to the public on and through the Services for personal and commercial use of third parties subject to these Terms, without providing you attribution or compensation.

You agree not to upload Content that is:

·sexually explicit or pornographic;

·offensive, defamatory or discriminatory;

·promotes or creates a risk of physical or mental harm.

We reserve the right to remove any Content from the Service at any time and for any reason, at our discretion. This applies in particular to defective files, inferior quality content, content which is in violation of these Terms and for any reason relating to potential legal issues.

Uploading Content created with generative AI technology.

You may upload Content you have created with generative AI technology (i.e. machine learning tools that generate content from text prompts or other inputs) to the Services. You are responsible for ensuring that the terms of the generative AI technology you have used permit you to grant the license under section

·and give the warranties outlined in section

·You must clearly label any Content which is AI-generated by selecting the "AI-generated" checkbox on the upload page. You must not tag any Content which is AI-generated with the names of any real people, artists, trademarks or brands. You must not upload any Content which is AI-generated that mimics the style of another artist or attempts to reproduce copyright or trademark protected material, or the image of a real person.

6.Hyperlink

This website may provide links to third party websites only as a convenience to you. The inclusion of these links does not mean that OMTECH monitors or endorses these websites. OMTECH assumes no responsibility for such websites. For any damage or loss resulting from or alleged to be caused by or in connection with the use of or reliance on any information, content, goods or services available on or through any the third party website or linked resource, OMTECH assumes no responsibility, directly or indirectly.

7.Maintenance

In consideration of the special nature of the network services, you agree that OMTECH has the right to change, interrupt or terminate part or all of the services (including paid services) at any time. If the change, interruption or termination of the network service is a free network service, OMTECH does not need to notify you, nor does it bear any responsibility for any user or any third party; If the change, interruption or termination of the network service is a paid network service, OMTECH shall notify you in advance of the change, interruption or termination. You understand that OMTECH needs to regularly or irregularly repair or maintain the platform providing network services (such as Internet websites) or related equipment, and if such circumstances cause the interruption of paid network services within a reasonable time, OMTECH does not have any responsibility for this, but OMTECH should notify in advance as far as possible.

In any of the following circumstances, OMTECH is entitled to interrupt or terminate the provision of network services (including paid network services) under this Agreement to you at any time without taking any responsibility to you or any third party:

·The personal information provided by you is not true.

·You violate the usage rules stipulated in this Agreement.

·When using the paid network service, you fail to pay the corresponding service fee to OMTECH as required.

8.Reporting and takedown policies

OMTECH respects the rights of creatives. If you believe that your intellectual property rights have been infringed by Content accessible through the Services, please email us at Support@OMTechLaser.com and include the following information:

·Identification of the intellectual property right you believe has been infringed.

·Identification of the Content that you believe is infringing your rights, including a URL link to where that Content appears on the Services.

·Your contact information, such as your email address.

·A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law.

·A declaration that the above information is accurate and that you are (or are authorized to act on behalf of) the intellectual property rights owner.

Nothing in this section constitutes legal advice. We suggest you consult an attorney regarding your rights and obligations under applicable laws.

9.Applicable law and dispute resolution

The site is controlled, operated and managed by OMTECH. You acknowledge and agree that all matters relating to access to or use of this website will be governed by the laws of the State of California, United States of America, without regard to conflict of laws principles.

In the event of any dispute between you and us regarding the content or implementation of these Terms of Use, both parties shall try to settle it through amicable negotiation. If no agreement can be reached through negotiation, any court of competent jurisdiction located in Los Angeles County, California shall be the exclusive forums for litigation.

10.Indemnification

You agree to indemnify, release and hold harmless OMTECH and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting from:

·your violation of the Terms (whether directly or indirectly);

·claims brought by any third parties arising out of your use of the Services.

If a claim is brought by any third party, you must immediately provide us with all information that is necessary for an examination of the claim and defence. Any further claims for damages by us against you remain unaffected.

11.Warranty and liability

The Services and content are provide“as is”we offer no warranty, explicit or implied, regarding any content, the services, 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.

omtech does not represent or warrant that the services or any content will meet your requirements or that their use will be uninterrupted or error free.

although omtech does its best to ensure that uploaded content is not misused or used contrary to the terms, omtech cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any content you upload.

omtech 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 the services or any content.

omtech makes no warranty expressed or implied regarding continued service, information provided, the legality or licensing of the images or the functionality of the website. it is your responsibility to ensure the use of any images is legal and that they are in compliance with all applicable laws.

OMTECH reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this.