IMAGEMO Terms of Service

1. 1. The basics.

Thanks for checking out IMAGEMO! The IMAGEMO community is an entire of creatives sharing royalty-free content. Please read these Terms of Service ("Terms") carefully before using IMAGEMO, related websites, software, mobile apps, plug-ins, or other services provided by IMAGEMO  (collectively, the "Services").

IMAGEMO's Terms govern the relationship between IMAGEMO, a Imagemo Design Studio brand (referred to as "we", "our", or "IMAGEMO"), including, in some circumstances, the relationship between users. You are agreeing to these terms by using the Services (including downloading and using Content from the Services or submitting content to the Services):

· As a result, you agree that these Terms will become a legally binding contract between us;

· As a condition of your acceptance of these Terms and your full compliance with all of your obligations under these Terms, you represent and warrant that you have the right, power, and authority to agree and be bound by them.

If you disagree with these Terms, you have no rights to use the Services.

Children must have explicit authorization from a parent, guardian, or another authorized adult to access or use the Services. As defined in these Terms, a child is someone under 13 years old (or the minimum age required by law for consent to process personal data, which is 16 in Germany).

We reserve the right to change or modify these Terms at any time, including cancelling or altering the licenses granted. If we make any changes, we will update this page with the latest version of the Terms.

We'll strive to give you reasonable notice of any changes that significantly affect your rights or use of the Services. This notice may be provided through the Services, direct messages, or IMAGEMO's public forum. By continuing to use the Services after any changes, you agree to abide by the new Terms.

2. Content

In these Terms, "Content" refers to the material available on the Services, excluding any third-party paid advertising or sponsored content (over which IMAGEMO has no control and no license is granted). Content includes, but is not limited to, the following items:

• "Illustrations": Drawings, illustrations, Ai generated and other image-visual representations and content.

• "Photos": Photographs (mobile or digital camera).

• "PNGs": Photo object, Ai generated, illustrations and other, must be without background.
  
• "Vector": Editable vector or illustrations files.
  

• "Other Media": Any other visual, or a combination thereof.

• "3D model": .skp, .obj, .3ds
  
• "Autocad": .dwg

• "PBR material": (jpg, png), with supported maps - albedo, ao, height, normal, roughness.

 3. Communications

IMAGEMO provides several features on the service for interacting and communicating with the service and other Users. These include:

• Choose a username, upload a profile photo, and create a profile page.

• Participating in discussions in our IMAGEMO forum and discussion rooms.

• Commenting on any Content or blog articles.

• Sending messages to other users using our messaging system.

• Any other communication you submit through the service is collectively called "Communications".

4. CC0 License

Creative Commons Zero (CC0) license applies to some of the content available for download on the service ("CC0 Content"). CC0 Content on the Service is anything that was published before January 9, 2019. Accordingly, the author has waived all rights worldwide to the CC0 Content under copyright laws, including all related and neighbouring rights, to the extent permitted by applicable law. As long as you follow all CC0 License Terms, you can use the CC0 Content for commercial and personal uses without attribution to the author/owner of the CC0 Content.

5. Content License for Non-CC0 Content:

When you download any Content from the service that is not CC0 Content, we grant you an irrevocable, worldwide, perpetual (or as long as allowed by law), non-exclusive, and royalty-free right to download, use, copy, modify, or adapt the content for commercial or non-commercial purposes ('Content License'), except for Prohibited Uses outlined below. These rights are non-exclusive, meaning other users may have the same rights to the same content. It's important to note that you do not gain any rights in other users' Communications.

You acknowledge that specific actions are "Prohibited Uses," and the Content License we grant you depends on avoiding these Prohibited Uses.

You are not permitted to sell or distribute the content on a Standalone basis. This includes selling or distributing the content as an image, audio, video, NFT, or other digital file (including through a stock media platform) and on print, wallpaper, posters, merchandise, or other physical products.

By "Standalone," we mean when no creative effort has been applied to the content, and it remains substantially the same form as it exists on the service. Here are some examples to illustrate:

* Using the Content in its original form or with minimal alterations like applying filters, changing colours, resizing, or cropping constitutes Standalone use.

* However, using the content with a combination of images, videos, audio files, other media, text, illustrations, background features, and editing techniques is not Standalone as long as the combined effect creates a "new" creative work.

Suppose content includes trademarks, logos, or brands (whether two- or three-dimensional). In that case, you cannot use that content commercially for goods and services, especially by printing it on merchandise or other physical products for sale.

You are not allowed to use content in any immoral or illegal manner, mainly if it features a recognizable person. This includes using content in association with anything pornographic, obscene, offensive (such as adult entertainment venues, escort services, drug use, dating services, or in a manner that portrays someone as suffering from or medicating for a physical or mental ailment), illegal, immoral, infringing, defamatory, hateful, threatening, or libellous.

Additionally, you cannot use content in a political context (such as promoting, advertising, or endorsing any party, candidate, or elected official, or in connection with any political party or viewpoint) or in violation of any law, regulation, or industry code, or in any way that infringes upon the rights of any person or entity.

You are prohibited from using content misleadingly or deceptively. This includes, but is not limited to:

- Implying that any depicted person, brand, organization, or other third party endorses or is affiliated with you or your goods or services without permission.

- Creating the impression that content was created by you or someone other than the intellectual property rights holder of the content, including claiming or implying ownership or exclusive rights to the content.

Additionally, you cannot use any content as part of a trademark, design mark, trade name, business name, or service mark.

Apart from the Prohibited Uses, it's important to note that specific content (including CC0 Content) may have additional intellectual property rights. These could include copyrights, trademarks, design rights, moral rights, proprietary rights, property rights, privacy rights, or similar protections. This applies to identifiable people, logos, brands (both two- and three-dimensional), goods or services, buildings, architecture, audio or video samples, and organizations.

Before using any Content (including CC0 Content), you must consider whether you need permission from a third party or a license. You'll likely need consent or a permit to use the content for commercial purposes (like selling or promoting a product or service). It's your responsibility to determine whether you need permissions, and we do not guarantee that any consents or permits have been obtained for any Content. We explicitly disclaim any responsibility or liability related to such matters.

6. Attribution

While you're not required to credit IMAGEMO or the content contributor when using their materials, it's greatly appreciated, especially for editorial use, where photo credits are more common. If you wish to provide credit, you can do so by stating "by [Contributor] via IMAGEMO."

7A. Sharing Content or Communications

We deeply appreciate it when you contribute content or communications to our service. To make your contributions available to other users, we need you to grant us specific rights and make certain promises as a contributor. You are responsible for the Content and Communications you upload, subject to the following terms:

- When you upload content, you grant IMAGEMO an irrevocable, perpetual (or for the maximum legal duration), worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, store, market, reproduce, display, exhibit, broadcast, publicly perform, enhance, alter, adapt, modify, or download the content (in whole or part) for any purpose, known or yet to be discovered, including commercial and non-commercial uses. This includes redistributing the content under the Content License or any other license or terms offered by IMAGEMO now or in the future via an API.

- When you upload Communications, you grant IMAGEMO an irrevocable, perpetual (or for the maximum legal duration), worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, store, reproduce, display, exhibit, broadcast, publicly perform, enhance, alter, adapt, modify, or download the Communications (in whole or part) for operating the service and displaying the Communications to other Users.

You expressly represent and warrant that:

1. You own all rights, titles, and interests in any content or communications you upload to the service.

2. The Content or Communications do not, and their use by these Terms will not infringe upon the intellectual property rights, moral rights, proprietary rights, property rights, privacy rights, or similar rights of any person or entity.

3. You have obtained (and will retain a copy of) any releases, permissions, or licenses necessary to enable the use of the Content or Communications per these Terms. This includes non-exclusive, perpetual (or for the maximum legal duration), irrevocable, worldwide, and royalty-free model and property releases, and any other permissions required concerning the use of the content for any purpose, without conditions, unless such conditions are legally mandated.

4. You agree to execute any further reasonable documents necessary to give effect to IMAGEMO's rights.

You acknowledge and agree that your content will be made publicly available for personal and commercial use by third parties under these Terms without attribution or compensation to you. You also acknowledge and agree that your Communications will be made public, again without attribution or compensation.

You further acknowledge and agree that IMAGEMO, its affiliates, and any specifically authorized third-party partners may use your Content, Communications, and general usage data from IMAGEMO (including analytics events and search queries) to develop, improve and provide their services through machine learning technology.

If you do not want your content used for machine learning purposes, you can manage how we utilize it by opting out of future AI training by updating your preferences in your account settings at any time.

You agree not to upload Content, post Communications, or use the service, directly or indirectly, in any manner that:

1. Promotes or risks causing physical/mental harm, emotional distress, death, disability, or disfigurement to yourself, others, or animals.

2. Promotes or risks harm, loss, or damage to any property.

3. Seeks to harm or exploit children.

4. Is harassing, abusive, racially/ethnically offensive, defamatory, invasive of privacy/publicity rights, libellous, or threatening.

5. Discriminates incites discrimination or promotes discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or other grounds.

6. Contains sexually explicit, pornographic material or links to such content.

7. Involves the sale or promotion of illegal activities, products, or services.

8. Is fraudulent or promotes fraudulent activities.

9. Violates individual or third-party rights, including intellectual property and data privacy rights.

10. It contains information you cannot share due to laws, confidentiality, contractual, or fiduciary obligations.

11. It contains false, deceptive, misleading information or disinformation that promotes, endorses, encourages, or facilitates spreading false information.

12. Violates any applicable laws or promotes illegal activities.

13. Threatens or undermines democratic processes or institutions.

You agree not to upload Content or Communications containing signatures, watermarks, or advertisements.

Your content must adhere to the following quality guidelines:

Photos Quality Guidelines: in progress PNGs Quality Guidelines: in progress Illustrations Quality Guidelines: in progress Vector Quality Guidelines: in progress 3D model Quality Guidelines: in progress

Your Communications must follow these guidelines:

Forum Rules and Communication Guidelines: in progress

We reserve the right to remove any Content or Communications from the service at our discretion and at any time for any reason. This particularly applies to defective files, inferior quality Content, Content or Communications violating these Terms, and any potential legal issues. Please refer to our moderation guidelines for more details on how we moderate Content and Communications.

7B. Uploading Content Created with AI Generative Technology

You may upload content to the service you created using generative AI technology (machine learning tools that generate content from text prompts or other inputs). However, if you do so, the following specific conditions apply in addition to section 7A:

• You are responsible for ensuring that the terms of the generative AI technology you used allow you to grant the license and provide the warranties outlined in section 7A.

• You must clearly label any AI-generated Content by selecting the "AI-generated" checkbox on the upload page.

• You cannot tag AI-generated content with the names of any actual people, artists, trademarks, or brands.

• You cannot upload AI-generated content that mimics another artist's style or attempt to reproduce copyrighted, trademarked material or a real person's image.

8. Using the Service

You may need to register with us to access and use certain service features. If you choose to register, you agree to provide and maintain true, accurate, and up-to-date information as requested during the registration process. Any registration data and other information you provide through the service is subject to our Privacy Policy.

You are solely responsible for all activity occurring under your account. You must not allow any other party to access or use the service with your unique username, password, or other security code. Additionally, your username cannot infringe upon third-party rights or be offensive, vulgar, or obscene.

In using the service, you acknowledge and agree to the following:

• Data mining, extraction, scraping, and using programs or robots to automatically collect and extract digital data on the service and its content are strictly prohibited for all unauthorized purposes, including but not limited to machine learning purposes.

• Our licensors, affiliates, and partners own the technology and software underlying or distributed with the service. We do not grant you any rights to this software. You must not copy, modify, create derivative works, reverse engineer, reverse assemble, or attempt to discover the source code. You cannot sell, assign, sublicense, or transfer any rights in this technology or software unless we grant explicit prior permission.

• Bulk, large-scale, or systematic copying of content is strictly prohibited unless you have obtained explicit permission from us.

You agree that you will not, either directly or through any third party:

1. Copy, replicate, decompile, reverse-engineer, attempt to derive the source code, modify, or create derivative works of the service or any part of it.

2. Use or compile any Content to replicate a similar or competing service or copy the look and feel of the service.

3. Use the service to transmit unsolicited messages or engage in spamming activities.

4. Use the service to store or transmit any viruses or malicious code.

5. Impersonate any other person or entity on the service or falsely claim a non-existent relationship with such persons.

6. Use or exploit any metatags or other hidden texts containing our name or trademarks without our express written consent.

7. Collect, store, or use any personal information, including member names or profiles, about other users.

8. Access the service for performance benchmarking or building or marketing a competitive product.

9. Bypass any measures we implement to prevent or restrict access to the service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service or Content.

The compilation of the content is copyrighted as a collective work and compilation under copyright laws, international conventions, and other intellectual property laws.

9. Term and Termination

These Terms will take effect the first time you access the service and remain in full force until your account is deleted or terminated. If IMAGEMO reasonably determines that you, your Content, your Communications, or your use of the service violates these Terms, IMAGEMO may take one of the following actions: delete the Prohibited Content or Communications; suspend your access to the service; terminate and delete your account; permanently ban you from using the service; and disclose the Prohibited Content, Communication, or activity to the appropriate government authorities. Once terminated, your right to use the service will immediately cease. Users previously removed from the Service by IMAGEMO will not be allowed to access it.

10. Reporting and Takedown Policies

IMAGEMO respects the rights of creative individuals. If you believe your intellectual property rights have been infringed by Content or Communications accessible through the service, please report it using IMAGEMO's in-product reporting features or this form. Please include the following information in your report:

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

• Identification of the infringing Content or Communication, including the URL where it appears on the service.

• Your contact information, such as your email address.

• A statement declaring your good faith belief that the use of the Content or Communication is not authorized by the intellectual property rights owner, their agent, or the law.

• This is 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.

If you believe any Content or Communication made available on or via the service contains a violation of the law, please report it using IMAGEMO's in-product reporting features or this form.

Please note that nothing in this section constitutes legal advice. We suggest consulting an attorney regarding your rights and obligations under applicable laws.

11. Infringement Claims

Become aware - from IMAGEMO or any other source - of a claim relating to any Content that could potentially make IMAGEMO liable. You must immediately stop using that content at your own expense. This applies whether the claim is threatened, potential, or actual. You must also promptly delete or remove the content from your premises, computer systems, and storage (electronic or physical), ensure your clients, printers, or ISPs do the same, and notify IMAGEMO as soon as possible by emailing info@imagemo.com.

12. Indemnification

You agree to indemnify, release, and hold harmless IMAGEMO and its affiliates from and against any losses, expenses, damages, costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms (whether directly or indirectly); and

• Claims brought by any third parties arising out of your use of the Services.

If a third party brings a claim, you must immediately provide us with all information necessary to examine the claim and mount a defence. Any further claims for damages by us against you remain unaffected.

13. Dispute Resolution and Applicable Law

IMAGEMO is neither obligated nor willing to participate in arbitration proceedings within the meaning of the German Consumer Dispute Resolution Act (VSBG). However, IMAGEMO will endeavour to resolve any disagreements amicably. You can reach us at info@imagemo.com.

The laws of the Federal Republic of Germany govern the contractual relationship between users and IMAGEMO. Berlin is agreed upon as the place of jurisdiction to the extent permissible.

For more information on online dispute resolution, please see https://ec.europa.eu/consumers/odr/.

14. Warranty and Liability

The Service, Content, and Communications are provided "as is". We offer no warranty, express or implied, regarding any Content, Communications (including any third-party, sponsored content, or links), the Service itself, the accuracy of the information, or any rights or licenses under this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

IMAGEMO does not represent or warrant that the Service, Content, or Communications will meet your requirements or that their use will be uninterrupted or error-free.

While IMAGEMO does its best to ensure that uploaded Content or Communications are not misused or used contrary to the Terms, IMAGEMO cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of Content or Communications you upload.

IMAGEMO shall not be liable to you or any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, lost profits, or any other damages, costs, or losses arising out of your use of the Service, Communications, or any Content.

15. Versions and Severability

These Terms supersede any prior representations, agreements, or understandings between you and IMAGEMO, whether written or oral, regarding the service, including previous versions of the Terms. Any non-English translations of these Terms are provided for convenience only. In any conflict, the English version of these Terms will prevail.

If any provision of this Agreement is found invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

16. Prize Draws and Promotions

IMAGEMO may occasionally conduct prize draws, contests, or promotions ("Promotion"), which separate additional terms and conditions will govern. These additional terms will be published on the service or notified by IMAGEMO. By participating in any Promotion, you agree to those additional terms and acknowledge our Privacy Policy.

17. Edit Request and Hire Me

You can send the edit request to the image contributor or hire him to create new content. In this case, the contributor will charge you, and IMAGEMO will no longer be responsible for this task. Take your own risk and create your own paid content.

18. Unlock Your Portfolio: Showcase Your Best Work Beyond 25 Assets on IMAGEMO

Contributors can upload unlimited assets and once you submit more than 25 assets IMAGEMO website site offers Portfolio section to you. Once portfolio section activated you can submitted your bihance link, personal website link or any other project links to it. But you not allowed to include stock image site links such as adobe, istock, freepik, etc.