Terms & Conditions
1. Introduction
Thanks for choosing Get the Picture Corp., a Pennsylvania business corporation. By signing up, subscribing or otherwise using our services (website or software applications) you are entering into a binding contract with Get the Picture Corp. and acknowledge that you have read and clearly understood these terms and conditions, and all related policies, collectively "Agreements", and agree to be bound by them. Further you acknowledge and agree that the Agreements govern the legal terms of our website, my.gtp.pics, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Get the Picture Corp. Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These terms and conditions, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Get the Picture Corp., and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. By accessing this web site, you are agreeing to be bound by these Legal Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on our Website are protected by applicable copyright and trademark law.
2. User guidelines
The terms "us" or "we" or "our" refers to Get the Picture Corp., the owner of the Website. A "Visitor" is someone who merely browses our Website, but has not registered as Member. A "Member" is an individual that has registered with us to use our Service. Our "Service" represents the collective functionality and features as offered through our Website to our Members. A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content". "Permitted Content" shall be limited to all of our Content related to photographs that contain the User's image or to which Users have been given permission to access by other Users.
3. Use License
Permission is granted to download unlimited copies of the Permitted Content on Get the Picture Corp.'s web site for personal, non-commercial usage only. This is the grant of a license, not a transfer of title, and under this license you may not: Use the materials for any commercial purpose without a Paid License (Subscription, API, Single or Bulk Download) or express consent; Attempt to decompile or reverse engineer any software contained on Get the Picture Corp.'s web site; Remove any copyright or other proprietary notations from the materials; Transfer the materials to another person or "mirror" the materials on any other server; or Use the materials for any illegal activity, including, but not limited to fraud, impersonation, solicitation, defamation, or disinformation. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Get the Picture Corp. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format unless you have a Paid License for said materials.
3a. Paid License
If the materials are obtained through a paid license (phot pass purchase, monthly subscription, single purchase download, bulk purchase download), a perpetual license to the materials is granted without need for citation. A paid license grants the licensee the ability to use the materials for commercial purposes.
3b. API License
Materials obtained through the Get the Picture Corp. application programming interface (API) can be used commercially and personally as long as an active API License subscription is maintained. If the subscription is cancelled the licensee has 30 days to stop using the materials, effective after the last day of paid access. Materials shall not be stored in a cache without express permission.
3c. Remixes and Derived Works
A remix is defined to be any modification or reproduction of the original materials. A derived work is defined as a new work that includes substantial modification to the materials. It is not allowable to compile or redistribute remixes that do not make substantial modifications to the materials. Modifications including, but not limited to cropping, coloration, scaling, quality enhancement, and compilation do NOT qualify as substantial changes. It is advisable to discuss the derived works with Get the Picture Corp. before pursuing redistribution of the derived materials.
3d. Medium Transfer
If the Materials are transformed in any way which the result forms a different medium, the terms of this agreement still apply. This includes, but is not limited to 3D modeling applications.
3e. Datasets
Datasets are intended for non-public use and are subject to additional restrictions. The User may not: Use the materials for any purpose outside of internal operations. (such as machine learning, research, or documentation thereof), Redistribute or resell the materials, Transfer the materials to any third parties, or Use the materials to reproduce the service(s) offered by Get the Picture Corp..
4. RUP: Permitted and Restricted uses. Sensitive Information
Overall, these are the restricted uses that are standard to all clients.
4.1 Listing of offered products on the Website shall be used only for lawful purposes by Users of the Website. You shall not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Get the Picture Corp. without express composed consent. You shall not use any meta tags or any various other "unseen text" utilizing Generated Photo's name or trademarks without the express written consent of Get the Picture Corp..
4.2 You agree not to offer or modify any content found on the Website (including but not limited to names of Users and Content), nor to recreate, display, openly perform, distribute, or otherwise make use of the Material in any way for any public function in any way that is likely to trigger confusion among consumers, that disparages or challenges Get the Picture Corp. or its licensors, that dilutes the strength of Get the Picture Corp.'s or its licensor's residential property, or that otherwise infringes Get the Picture Corp.'s or its licensor's copyright rights. The use of the Material on any other website or in a networked computer system environment for any purpose without license is prohibited.
4.3 Any code that Get the Picture Corp. develops to generate or show any Material of the pages making up the Site is likewise secured by Get the Picture Corp.'s copyright, and you shall not copy or adjust such code.
4.4 Get the Picture Corp. has no duty to keep track of any products published, transferred, or connected to or with the Website. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
4.5 Get the Picture Corp. shall have sole discretion in determining whether any particular use of Material or the Website is improper pursuant to these terms. Nonetheless, Get the Picture Corp. has no liability or duty to Individuals to actively remove any content.
5. Electronic Communication
You are connecting with us electronically when you go to the Site or send emails to us. You consent to receive interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all notifications, disclosures, and other communicates that we provide to you digitally meet any legal requirements that such communications be in writing.
6. Your Account
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You shall not reveal any personally identifiable information including, but not limited to, first and last names, credentials, or other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website may result in the immediate termination of your account. Get the Picture Corp. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion. Get the Picture Corp. does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details. You will be responsible for tracking all activity for each user account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify Get the Picture Corp. immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. Get the Picture Corp. reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Get the Picture Corp. determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
7. Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Get the Picture Corp. reserves the right, at its own discretion, to eliminate or modify such Material, but shall have no duty to regularly examine posted Material. By providing an evaluation of or commenting on the Website, and unless Get the Picture Corp. suggests otherwise, you grant Get the Picture Corp. a nonexclusive, royalty-free, permanent, irrevocable, and completely sub licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You further grant Get the Picture Corp. and sub-licensees the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Get the Picture Corp. for all claims resulting from Content You supply. Get the Picture Corp. has the right but not the commitment to edit and keep track of or eliminate any task or Material. Get the Picture Corp. takes no duty and assumes no liability for any content published by You.
8. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Get the Picture Corp. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
9. Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
10. Revisions and Errata
The materials appearing on Get the Picture Corp.'s web site could include technical, typographical, or photographic errors. Get the Picture Corp. does not warrant that any of the materials on its web site are accurate, complete, or current. Get the Picture Corp. may make changes to the materials contained on its web site at any time without notice. Get the Picture Corp. does not, however, make any commitment to update the materials.
11. Disclaimer
The materials on Get the Picture Corp.'s web site are provided "as is". Get the Picture Corp. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Get the Picture Corp. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to the Materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Get the Picture Corp. nor the Website has control over the quality or fitness for a particular function of a product. Get the Picture Corp. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site. THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GET THE PICTURE CORP. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GET THE PICTURE CORP. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. GET THE PICTURE CORP. DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE AND THAT ALL THE DEFECTS WILL BE CORRECTED. GET THE PICTURE CORP. DOES NOT PROMISE THE SPECIFIC RESULT OF YOU USING THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, GET THE PICTURE CORP. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. GET THE PICTURE CORP. DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM GET THE PICTURE CORP. ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. GET THE PICTURE CORP. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL GET THE PICTURE CORP.'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND THE AMOUNT PAID TO US BY USER TO GET THE POICTURE CORP. OR $100, WHICHEVER IS LOWER. ALL INFORMATION PROVIDED ON GET THE PICTURE CORP.'S WEBSITE IS SUBJECT OF CHANGING WITHOUT NOTICE.
12. Links to Other Websites
Our Website may contain links to third party websites, which are provided solely as a convenience to you. By linking to these websites, we do not create or maintain an affiliation with such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Get the Picture Corp. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
13. Site Terms and Conditions Modifications
Get the Picture Corp. may revise these Terms and Conditions for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
14. Governing Law
You acknowledge and agree that these Agreements will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If any of these Agreements are found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in force. Get the Picture Corp. shall be entitled to reimbursement for all expenses incurred to enforce these Agreements, including but not limited to reasonable attorneys' fees and costs. You Agree that in any suit to enforce these Agreements, venue and jurisdiction are proper in the Court of Common Pleas of Lancaster County, Pennsylvania and recipient waives any and all objections to jurisdiction and venue in any such form.
15. Indemnity
You agree to defend, indemnify and hold harmless Get the Picture Corp. and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of these or any other agreement with Get the Picture Corp.; and (iii) your failure to obtain any required release for your use of content. Provided that you are not in breach of this or any other agreement with Get the Picture Corp., and as your sole and exclusive remedy for any breach of the warranties set forth in section "Representations and Warranties" herein, Get the Picture Corp. agrees, subject to the terms of this section "Indemnification and Limitation of Liability", to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal fees) arising out of or in connection with any breach or alleged breach by Get the Picture Corp. of its warranties in section "Representations and Warranties" herein. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Get the Picture Corp., or upon your knowledge, that the content is subject to a claim of infringement of a third party's right. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) shall to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought
16. General Terms
16a. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Get the Picture Corp. under our Legal Terms shall survive the termination of our Legal Terms.
16b. This agreement is personal to you and is not assignable by you without Get the Picture Corp.'s prior written consent. Get the Picture Corp. may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
16c. Upon reasonable notice, you agree to provide to Get the Picture Corp. sample copies of projects or end uses that contain licensed content, including by providing Get the Picture Corp. with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Get the Picture Corp. may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to Get the Picture Corp. of five percent (5%) or more of the amount you should have paid, then in addition to paying Get the Picture Corp. the amount of the underpayment and any other remedies to which Get the Picture Corp. is entitled, you also agree to reimburse Get the Picture Corp. for the costs of conducting the audit.
16d. You agree to retain the copyright symbol, the name of Get the Picture Corp., the content's identification number and any other information or metadata that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties.
16e. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Get the Picture Corp. and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
16f. All notices required to be sent to Get the Picture Corp. under this agreement should be sent via email to compliance@gtpcorp.com. All notices to you will be sent via email to the email set out in your account.
16g. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
16h. If you fail to pay an invoice in full within the time specified, Get the Picture Corp. reserves the right to add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
17. Representations and Warranties
Warranty Disclaimer. Unless specifically warranted above, Get the Picture Corp. does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content. Caption/Metadata Disclaimer. Get the Picture Corp. does not warrant the accuracy of any keyword, caption, title, or any metadata provided with the content. Exclusivity Disclaimer. Get the Picture Corp. does not warrant or guarantee exclusivity in respect to editorial use of licensed content. All such grants of commercial exclusivity do not preclude prior, concurrent, or subsequent licenses granted for editorial usage of the same content. No Other Warranties. Except as provided in this section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Get the Picture Corp. does not represent or warrant that the content or the Website will meet your requirements or that use of the content be uninterrupted or error free.
18. Limitation of Liability
GET THE PICTURE CORP. WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF GET THE PICTURE CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
19. Feedback and Information
Any feedback or comment you provide to us shall be deemed to be non-confidential, we shall be free to use it on an unrestricted basis.
Learn more about our Commitment to Privacy