Terms and Conditions
Overview of Service
OmniCam ("we") offers a platform for registered Users ("you" or "Users"), which include both requesters ("Buyers") and producers ("Sellers") to exchange photography and video Content (defined below) through a mobile application. Buyers can create requests for photos or videos, and Sellers can submit Content in response to a Request. Further information on how Users can request photos or videos and submit Content can be found below or in our FAQ’s.
CONTENT SELLERS RETAIN ALL OWNERSHIP IN THE CONTENT UPLOADED AND GRANT FULL RIGHTS TO OMNICAM AND BUYERS AS DESCRIBED IN THE CONTENT LICENSE TERMS OUTLINED BELOW.
Acceptance of Terms
YOU AGREE THAT DISPUTES BETWEEN YOU AND OMNICAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE "ARBITRATION" SECTION BELOW.
General Conditions of Use
You must be at least 18 years old to register to use the Service. If you are registering to use the Service on behalf of a legal entity, (i) you must be the authorised representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.
OmniCam may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.
OmniCam takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or
security measures that may affect the accessibility of Service, including shut down of the Service.
We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including Profile Content, "Content") uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.
You are solely and fully liable for all conduct, Content, Requests, User profiles and transactions that are made under your email and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service you will comply with the following rules:
- You will not interfere with or disrupt the servers or networks connected to the Service;
- You will not transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including
without limitation Content that depicts nudity, sexual conduct or violence;
- You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
- You will not upload, post, e-mail, transmit or otherwise make available:
(d) any photos/videos taken from a screen or newspaper or magazine or book or poster;
(e) any software viruses, Trojan horses, worms or any other malicious application or code; or
- You are legally responsible for the Content you make available on the Service. Other than the limited license grant, You retain ownership in, and are solely responsible for, the Content you post;
- You will not impersonate any person or entity, or make any false statement regarding his, her employment, agency or affiliation with any person or entity;
- You will not scrape or otherwise use any data mining, robots, or similar data gathering or extraction methods (except as may be the result of standard search engine protocols or technologies used by
a search engine with our express consent);
- You will not solicit, create or submit unwanted email, comments, messages or other forms of commercial or harassing communications (a/k/a "spam") to any other user. For the purposes of clarity, once you have posted a Request or submitted Content to a Request, you may not attempt a commercial transaction privately off of OmniCam;
- You will not create false identities in order to circumvent OmniCam promotional programs to earn money, post political or promotional opinions, slander other users, or encourage fraudulent
behaviour. Such behaviour will result in a removal of the User account;
- You will abide by these terms and conditions, Request creation and Content submission requirements as described in the FAQ's, including without limitation the information concerning
Buyers can request photos or videos following the instructions detailed within the Service and in the OmniCam FAQ's. Sellers may need to fulfil certain criteria before they can participate on a Request.
License Grants - Terms Each User grants the following licenses where applicable.
Each Buyer that purchases Content throughout a Request or each Seller that uploads Content to the Service agrees to grant the following licenses where applicable:
A. License to OmniCam for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to sub-license, reproduce, distribute, display and to create derivative works of Content uploaded to OmniCam in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.
B. License to OmniCam for future uses: A worldwide, royalty-free, transferable license to sub-license, reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Sellers (collectively 'use') with the right to grant sub-licenses to requesters to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit OmniCam to use the services of third party distributors to offer selected Content for licensing.
Each Seller grants to each Buyer: A perpetual, non-exclusive, transferable, sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses or as stated with the Content's Permission Status limits.
For any Content received, the Buyer agrees to pay the amount posted on the Request in US Dollar.
The Seller will be offered 50% of the posted amount on the Request. Omnicam will automatically deduct the other 50% as a Transaction Fee. All payments will be processed through the Cash Out option. OmniCam will cash out to the Paypal email specified in your Profile and OmniCam will apply a 2% fee on each cash out operation. The minimum cash out amount is $10 and you can't cash out the promotion credit. You will be notified by OmniCam as soon as the cash out operation has been completed. It currently averages up to 1 business day to receive money in your chosen account.
Employment and Withholding
OmniCam does not employ Users in any way. As such, OmniCam will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if OmniCam is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to OmniCam an equivalent amount, including any interest or penalties thereon.
OmniCam represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any law; (ii) be defamatory or libellous; or (iii) be pornographic or obscene.
Upon notice from OmniCam, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or OmniCam may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise.
Disclaimer - Limitation of Liability
OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
OmniCam AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OmniCam, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OmniCam. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from OmniCam, you do so at your own risk and you agree that OmniCam will have no liability arising from your use of or access to any third-party website, service, or content.
Governing Law - Venue